HB259 Alabama 2015 Session

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.

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.