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Regulatory Brief
Alabama River Legislation
Contents:
- The Issue
- Why Its Important
- SPA's Position
- Current Status
- What You Can Do
- Reference Material
The Issue:
Senator Bradley Byrne has proposed granting the Alabama Department of Conservation and Natural Resources
the authority to regulate seaplane operations on the Fish, Perdido, Tensaw, and Blakely Rivers, all of which
are Federal Navigable Waterways. Senator Byrne is acting on behalf of his constituents, who are opposed to
a seaplane base proposed on the Fish River.
Why Its Important:
The proposed legislation, if passed, will almost certainly result in an attempted closure of the four rivers. Such
a closure, and potentially the authorizing legislation in absence of a closure, would likely be challenged on grounds
that the rivers are Federal Navigable Waterways under the jurisdiction of the Secretary of the Army, and not subject
to regulation by the State of Alabama.
SPA's Position:
The proposed legislation is unlawful and unjustified by the circumstances.
Current Status:
| 4/1/2004 |
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SB462 introduced by Senator Byrne, proposing closure of Weeks Bay and the Fish, Tensaw, Perdido and Blakely Rivers. |
| 1/16/2004 |
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Legislative session adjourned without passing SB462. |
| 2/1/2005 |
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SB39 introduced by Senator Byrne, proposing empowerment of the Department of Conservation and Natural Resources to regulate seaplanes on the Fish, Tensaw, Perdido, and Blakely Rivers. Referred to the Agriculture, Conservation and Forestry Committee. |
| 2/3/2005 |
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Public hearing requested by SPA in conjunction with similar requests from several members. |
| 3/2/2005 |
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Public hearing held in Montgomery; SPA President testifies against bill. |
What You Can Do:
Members are encouraged to write to their Alabama Senator (find your Senator at www.legislature.state.al.us/senate/senate.html), and/or
to:
Senator Zeb Little
Chair, Agriculture, Conservation & Forestry
Room 736
11 S. Union Street
Montgomery, AL 36130
zeblittle@earthlink.net
Reference Material:
Senate Bill SB462 (2004 Session) (PDF, 35KB)
Senate Bill SB39 (2/1/2005) (PDF, 36KB)
SPA's Letter of Opposition to SB39 (2/1/2005) (PDF, 20KB)
SPA's Request for Public Hearing on SB39 (2/3/2005) (PDF, 17KB)
Senator Zeb Little's Response to SPA Letters (2/7/2005) (PDF, 218KB)
Senator Bynre's Response to SPA Letters (2/9/2005) (PDF, 271KB)
SPA's Response to Senator Byrne's Letter (2/15/2005) (PDF, 296KB)
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