SB455 Alabama 2015 Session

Under existing law, the Commissioner of the Department of Conservation and Natural Resources sets the minimum weight requirement of shrimp which are caught or taken in the territorial waters of Alabama

This bill would repeal that authority and would authorize the commissioner to establish areas that are closed for commercial and recreational harvesting of shrimp subject to certain restrictions

This bill would also allow the commissioner to provide for emergency open or closed seasons for the harvesting of shrimp

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

To amend Section 9-12-46, Code of Alabama 1975, relating to the commercial harvesting of shrimp, to authorize the Commissioner of the Department of Conservation and Natural Resources to establish areas that are closed for commercial and recreational harvesting of shrimp; to allow the commissioner to provide for emergency open and closed seasons for the harvesting of shrimp; 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.