SB233 Alabama 2017 Session

Summary

Primary Sponsor

Tim MelsonSenator

Republican

Session

Regular Session 2017

Title

Conservation and Natural Resources Dept., oysters and certain other seafood, cause of action for damages created, treble damages, affirmative defense

Summary

The bill lets private reef, bed, or bottom owners sue violators who take oysters or damage their property, with treble damages and attorneys’ fees, plus an affirmative defense for those following environmental rules.

What This Bill Does

It gives the owner or lessee of a private reef, bed, or bottom a right of action against someone who takes oysters or damages the reef, bed, or bottom (by pollution or other means). It allows the jury to award treble damages and attorney’s fees. It also provides an affirmative defense for pollution actions if the defendant followed Alabama Department of Environmental Management rules, and establishes factors the jury may consider when calculating damages.

Who It Affects

• Owners or lessees of private reefs, beds, or bottoms: gain a private right of action and may recover treble damages and attorney’s fees for violations.
• People who take oysters, shells, cultch, or clams from private reefs/beds/bottom or damage them: become subject to civil liability under this act and potential treble damages and fees.
• Defendants in pollution-related actions: may raise an affirmative defense if they complied with ADEM rules at the time of the act or omission.

Key Provisions

• Creates a private right of action for owners/lessees against those who take oysters or damage a private reef, bed, or bottom, with potential treble damages and attorney's fees.
• Allows the jury to award treble damages and consider various factors in calculating damages (knowing/willful conduct, reckless disregard, and whether the reef was clearly marked, except in pollution actions).
• Adds an affirmative defense to pollution actions if the defendant acted in compliance with ADEM rules at the time of the act or omission.
• Establishes that the act becomes effective on the first day of the third month after its passage and governor's approval.
• Specifies the scope includes taking oysters, shells, cultch, or clams from a private reef, bed, or bottom, or damaging it by pollution or otherwise.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Oysters