HB302 Alabama 2018 Session

Under existing law, the commercial taking or catching of oysters is regulated by the Division of Marine Resources of the Department of Conservation and Natural Resources

This bill would provide that oysters taken from public oyster bottoms may be sacked or placed in containers. Oysters taken from private lease bottoms or oyster aquaculture sites for commercial purposes could also be tagged in bulk and the purchase of bulk tags would be authorized. The bill would also provide for an annual oyster aquaculture license issued by Department of Conservation and Natural Resources for any oyster aquaculture site or facility which takes oysters from the waters of this state. Violators would be subject to the existing penalties

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 the taking of oysters for commercial purposes; to amend Sections 9-12-67 and 9-12-82 of the Code of Alabama 1975, to further provide for the regulation by the Division of Marine Resources of the Department of Conservation and Natural Resources of the tagging of oysters from public oyster bottoms and the tagging of oysters taken from private lease bottoms or oyster aquaculture sites; to provide for a license for the taking of oysters by an oyster aquaculture site or facility; to provide that existing penalties would apply; 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.