HB259 By Representatives Greer, Nordgren, Whorton (R), Pettus, Sanderford, Rich, Collins, Patterson, Ledbetter and Williams (P) RFD Agriculture and Forestry Rd 1 12-MAR-15

SYNOPSIS: Under existing law, the Department of Conservation and Natural Resources regulates the harvesting of paddlefish (spoonbill) in this state. Under department rules, paddlefish harvesting has been limited, with only 15 commercial paddlefish licenses issued for harvesting from February 1, 2015, to March 21, 2015.

This bill would require the department to establish a commercial paddlefish harvesting season in the Tennessee River and all of its tributaries, beginning November 20 and continuing through April 7 of each year.

This bill would allow the department to issue up to 60 resident licenses and five nonresident licenses at any given time, with current commercial paddlefish license holders allowed to continue to harvest paddlefish.

This bill would also provide for license fees, size limits, and other procedures for the harvesting of paddlefish and would create criminal penalties for violations.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

Relating to paddlefish; to require the Department of Conservation and Natural Resources to establish a commercial paddlefish harvesting season for the Tennessee River and its tributaries; to specify the number of licenses issued; to provide for a license fee; to specify size limits and other procedures for the harvesting of paddlefish; to provide criminal penalties for violations; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a)(1) Notwithstanding any other law to the contrary, the Department of Conservation and Natural Resources shall establish a commercial paddlefish harvesting season in the Tennessee River, including all of its tributaries, beginning November 20 continuing through April 7 each year.

(2) Commercial paddlefish harvesting may occur at any time, day or night, during the season provided under subdivision (1).

(b)(1) Except as provided in subdivision (2), the department may issue up to 60 resident and five nonresident commercial paddlefish licenses at any given time. A nonresident commercial paddlefish license may only be issued to a resident of a state that has a reciprocity agreement with this state regarding commercial paddlefish harvesting.

(2) A person issued a commercial paddlefish license by the department in the three years prior to the effective date of this act, or a person who has invested significant resources in equipment for commercial paddlefish harvesting and was issued a permit to purchase and process paddlefish roe in the three years prior to the effective date of this act, shall be issued a commercial paddlefish license.

(3) A commercial paddlefish license issued pursuant to subsection (a) shall be counted in the license limits provided in subdivision (1).

(4)a. The license fee for a resident commercial paddlefish license is one thousand dollars ($1,000).

b. The license fee for a nonresident commercial paddlefish license is the amount the state in which the nonresident resides collects for a nonresident commercial paddlefish license in that state.

(c) Roe from the paddlefish may be removed at the time the fish is caught.

(d) A person fishing for paddlefish pursuant to this section shall use up to 10 300-foot gill, hobble, or trammel nets with nylon monofilament, multi-twist or multi-strand netting. Nets may not exceed 24 feet in depth with mesh size of not less than six inches square or 12 inches stretch.

(e) The size limit for a paddlefish is 34 inches, measured from the eye to the fork of the caudal fin.

(f) A person in violation of this section shall be guilty of a Class C misdemeanor.

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Game and Fish

Conservation and Natural Resources Department

Paddlefish

Spoonbill

Fishing