HB 302

Session
Regular Session 2018
Title
Oysters, regulation of tagging by Marine Resources Division, Conservation and Natural Resources Dept., including private lease sites and aquaculture sites, oyster aquaculture license provided for, Secs. 9-12-67, 9-12-82 am'd.
Description

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.

Subjects
Game and Fish
View Original PDF: HB 302 - Introduced - PDF

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.

Section 1

Sections 9-12-67 and 9-12-82 of the Code of Alabama 1975, are amended to read as follows:

§9-12-67.

(a) All oysters taken from the public or private oyster bottoms of the State of Alabama for commercial purposes shall be sacked or placed in containers, in accordance with the most current National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the State Department of Public Health, in burlap, or similar material, bags containing not more than one-quarter Alabama barrel of oysters. Sacks or containers with oysters Oysters shall be sacked and each sack tagged and identified in accordance with the requirements of the most current National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health, prior to leaving the harvest location or oyster management station. The tag shall remain attached to each sack or container until the sack it is emptied or retagged with a certified dealer tag. Sacks or containers shall not be emptied in any proportion prior to reaching the destination where the oysters shall be opened, repacked, or processed. Upon reaching the destination, if If less than the entire sack or container is to be opened at one time, the tag shall remain attached to the sack until the last oyster is removed. Upon emptying each sack or container or retagging with a certified dealer's tag, the harvester tag shall immediately be removed from the sack and filed or disposed of as required by rule of the state Department of Public Health. Sacks or containers Containers of oysters imported into this state shall be tagged and identified as required by rule of the state Department of Public Health. It shall be unlawful to possess empty sacks or containers with oyster tags attached thereto.

(b) Oysters taken from private lease bottoms or oyster aquaculture sites for commercial purposes may be tagged in individual sacks, containers, or in bulk in accordance with the most current National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health and rules adopted by the Commissioner of the Department of Conservation and Natural Resources.

(b)(c) It shall be unlawful for any person, firm, or corporation to sell, purchase, or possess oysters in violation of this section and upon conviction, persons, firms, or corporations shall be guilty of a Class C misdemeanor.

(c)(d) Tags shall be purchased at a cost of twenty-five cents ($.25) per tag for sacks or containers and one dollar ($1) per tag for bulk tags, plus cost of printing rounded to the nearest five cents, from the Department of Conservation and Natural Resources, Division of Marine Resources, or its duly authorized agents. Receipts shall be deposited to the credit of the Marine Resources Fund and shall be used solely for cultch planting and other oyster management purposes.

§9-12-82.

(a) Before any person engages in the taking or catching of oysters from the waters or bottoms of the State of Alabama, he the person shall first purchase an annual "oyster catcher" license. Said The license shall expire annually on September 30 and shall be twenty-five dollars ($25) $25.00. However, persons may take for personal, noncommercial purposes, from waters opened to commercial oystering, up to, but not more than 100 oysters per day without purchasing an

oyster catcher" license.

(b) Before any oyster aquaculture site or facility permitted by the state Department of Public Health engages in the taking of oysters from the waters or bottoms of this state, the oyster aquaculture permittee shall first purchase an annual oyster aquaculture license. The license shall allow employees of the aquaculture facility to engage in harvesting and sorting of oysters or to conduct other approved activities for the licensed facility without possessing an individual oyster catcher license. Authorized employees shall meet the requirements for harvest in accordance with all other rules of the Department of Conservation and Natural Resources and the state Department of Public Health. The license shall expire annually on September 30 and shall be two hundred fifty dollars ($250).

(b)(c) A violation of the provisions of this section shall be a Class C misdemeanor.

(c)(d) The proceeds from the sale of said the license shall be deposited to the credit of the Marine Resources Fund and said the license shall expire on September f each year."

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 the last day of the third month following its passage and approval by the Governor, or its otherwise becoming a law.

No articles found.
Action Date Chamber Action
March 22, 2018HDelivered to Governor at 10:17 a.m. on March 22, 2018.
March 22, 2018HAssigned Act No. 2018-452.
March 22, 2018HClerk of the House Certification
March 22, 2018SSignature Requested
March 21, 2018HEnrolled
March 21, 2018HPassed Second House
March 21, 2018SMotion to Read a Third Time and Pass adopted Roll Call 956
March 21, 2018SThird Reading Passed
March 1, 2018SRead for the second time and placed on the calendar
February 8, 2018SRead for the first time and referred to the Senate committee on Agriculture, Conservation, and Forestry
February 8, 2018HMotion to Read a Third Time and Pass adopted Roll Call 260
February 8, 2018HThird Reading Passed
February 1, 2018HRead for the second time and placed on the calendar
January 25, 2018HRead for the first time and referred to the House of Representatives committee on Agriculture and Forestry
2018-03-21
Chamber: Senate
Result: Passed
2018-02-08
Chamber: House
Result: Passed