Alabama 2022 Regular Session

Alabama House Bill HB334 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB334
2	2	2 211654-3
3	3	3 By Representatives Hanes and Whorton
4	4	4 RFD: Agriculture and Forestry
5	5	5 First Read: 10-FEB-22
6	6
7	7	Page 0 1 211654-3:n:02/09/2022:FC/ma LSA2021-816R2
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13	13	7
14	14	8 SYNOPSIS: This bill would require the Department of
15	15	9 Conservation and Natural Resources to issue not
16	16	10 less than 40 licenses for paddlefishing on the
17	17	11 Tennessee River, the Alabama River, and the
18	18	12 Tombigbee River for a season to run from December 1
19	19	13 to April 30.
20	20	14 The bill would provide for the cost of the
21	21	15 licenses, for the regulation of fishing for
22	22	16 paddlefish by nets, for the processing of
23	23	17 paddlefish roe, and for criminal penalties.
24	24	18 Although this bill would have as its purpose
25	25	19 or effect the requirement of a new or increased
26	26	20 expenditure of local funds, the bill is excluded
27	27	21 from further requirements and application under
28	28	22 Amendment 621, as amended by Amendment 890, now
29	29	23 appearing as Section 111.05 of the Official
30	30	24 Recompilation of the Constitution of Alabama of
31	31	25 1901, as amended, because the bill defines a new
32	32	26 crime or amends the definition of an existing
33	33	27 crime.
34	34	Page 1 1 The purpose or effect of this bill would be
35	35	2 to require a new or increased expenditure of local
36	36	3 funds within the meaning of the amendment. However,
37	37	4 the bill does not require approval of a local
38	38	5 governmental entity or enactment by a 2/3 vote to
39	39	6 become effective because it comes within one of the
40	40	7 specified exceptions contained in the amendment.
41	41	8
42	42	9 A BILL
43	43	10 TO BE ENTITLED
44	44	11 AN ACT
45	45	12
46	46	13 Relating to commercial fishing; to provide for the
47	47	14 issuance of licenses to fish for paddlefish on the Tennessee
48	48	15 River, the Alabama River, and the Tombigbee River and for the
49	49	16 fishing season; to regulate the fishing for paddlefish on the
50	50	17 Tennessee River, the Alabama River, and the Tombigbee River
51	51	18 and for the processing of paddlefish roe by the fisherman; to
52	52	19 provide penalties; and in connection therewith would have as
53	53	20 its purpose or effect the requirement of a new or increased
54	54	21 expenditure of local funds within the meaning of Amendment 621
55	55	22 of the Constitution of Alabama of 1901, as amended by
56	56	23 Amendment 890, now appearing as Section 111.05 of the Official
57	57	24 Recompilation of the Constitution of Alabama of 1901, as
58	58	25 amended.
59	59	26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
60	60	Page 2 1 Section 1. (a) There shall be an open season for the
61	61	2 fishing for paddlefish from December 1 to April 30 on the
62	62	3 Tennessee River, the Alabama River, and the Tombigbee River.
63	63	4 (b)(1) The Department of Conservation and Natural
64	64	5 Resources may not issue more than 40 licenses for the
65	65	6 paddlefish season to residents and nonresidents. The cost of a
66	66	7 license for a resident shall be one thousand five hundred
67	67	8 dollars ($1,500) per season. A license may be issued to a
68	68	9 nonresident only if a nonresident is the resident of a state
69	69	10 that allows an Alabama resident to purchase a paddlefish
70	70	11 license and the cost of the nonresident license shall be the
71	71	12 same as the cost of a license in that state to an Alabama
72	72	13 resident. Any applicant for a paddlefish fishing license who
73	73	14 has participated in the paddlefish management program of the
74	74	15 department shall have first option to purchase a paddlefish
75	75	16 license. Any licenses remaining available after licenses have
76	76	17 been issued to fishermen eligible to purchase the licenses
77	77	18 based on the above priority shall be issued on a first come,
78	78	19 first served basis.
79	79	20 (2) The proceeds from the fees collected from the
80	80	21 issuance of paddlefish licenses pursuant to this section shall
81	81	22 be deposited in a special account in the Game and Fish Fund of
82	82	23 the Department of Conservation and Natural Resources and shall
83	83	24 be continuously appropriated to the department for the
84	84	25 purchase of paddlefish fry, fingerlings, or paddlefish to be
85	85	26 used for the restocking of the waters where paddlefish are
86	86	Page 3 1 harvested to assure the paddlefish population does not decline
87	87	2 as a result of the harvesting.
88	88	3 Section 2. A paddlefish licensee may fish for
89	89	4 paddlefish subject to the following rules:
90	90	5 (1) The licensee may fish only with gill nets having
91	91	6 a webbing mesh size not less than six inches in mesh size.
92	92	7 (2) Nets may be tied or hobbled down or may be
93	93	8 fished without being tied or hobbled down.
94	94	9 (3) Nets may not exceed 100 yards in length.
95	95	10 (4) Nets may not be used within 25 feet of the bank
96	96	11 from a boat, except nets may be anchored or tied to the bank
97	97	12 and may be straightened using a boat, provided the mesh does
98	98	13 not start within 25 feet from the bank.
99	99	14 (5) Not more than 10 nets may be fished at any time.
100	100	15 (6) Nets used for fishing shall be maintained and
101	101	16 checked not less than every 24 hours.
102	102	17 (7) The licensee shall be allowed one unlicensed
103	103	18 helper on the boat while fishing and processing roe.
104	104	19 Section 3. The Department of Conservation and
105	105	20 Natural Resources shall issue 100 tags to each licensee, which
106	106	21 shall be placed on any female paddlefish removed from the
107	107	22 water. The licensee shall be limited to 100 female paddlefish
108	108	23 with roe. Female paddlefish of any length may be taken and any
109	109	24 fish taken shall be tagged within a reasonable time after
110	110	25 being taken. The roe shall be removed only on the boat and
111	111	26 within 50 yards of the dock. The roe from each paddlefish
112	112	27 shall be placed in a separate container for each fish and the
113	113	Page 4 1 tag shall be attached to the container. The fish from which
114	114	2 the roe was harvested shall remain on the boat while being
115	115	3 processed and during transport to the buyer. The licensee may
116	116	4 keep up to 10 fish that do not have roe and are not capable of
117	117	5 swimming.
118	118	6 Section 4. (a) A person who violates this act shall
119	119	7 be guilty of a misdemeanor punishable by a fine not to exceed
120	120	8 five hundred dollars ($500).
121	121	9 (b) Any licensee who takes more than 100 female
122	122	10 paddlefish with roe or takes female paddlefish with roe in
123	123	11 excess of the number of tags issued to the licensee, in
124	124	12 addition to the penalty provided in subsection (a), may be
125	125	13 prohibited from applying for or receiving a paddlefish license
126	126	14 under this act for five years.
127	127	15 Section 5. Although this bill would have as its
128	128	16 purpose or effect the requirement of a new or increased
129	129	17 expenditure of local funds, the bill is excluded from further
130	130	18 requirements and application under Amendment 621, as amended
131	131	19 by Amendment 890, now appearing as Section 111.05 of the
132	132	20 Official Recompilation of the Constitution of Alabama of 1901,
133	133	21 as amended, because the bill defines a new crime or amends the
134	134	22 definition of an existing crime.
135	135	23 Section 6. This act shall become effective
136	136	24 immediately following its passage and approval by the
137	137	25 Governor, or its otherwise becoming law.
138	138	Page 5