Game and Fish Laws - As enacted, creates the commercial fishing advisory committee; requires TWRA to request approval from the Convention for the International Trade of Endangered Species (CITES) to establish a length limit of at least 36 inches and an annual season length no shorter than November 15 to April 15; requires TWRA to develop a plan to study sustainability, population conditions, and juvinal survival rates on waters not currently open to commercial roe fishing. - Amends TCA Title 70, Chapter 2.
SB1140 has been assigned Public Chapter Number 338 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB1140Date
    Pub. Ch. 338 06/03/2011
    Effective date(s) 05/30/1106/03/2011
    Signed by Governor.05/30/2011
    Transmitted to Gov. for action.05/19/2011
    Signed by H. Speaker05/19/2011
    Signed by S. Speaker05/18/2011
    Enrolled and ready for signatures05/18/2011
    Passed H., Ayes 97, Nays 0 05/18/2011
    Am. withdrawn.(Amendment 1 - HA0221)05/18/2011
    Subst. for comp. HB.05/18/2011
    Rcvd. from S., held on H. desk.04/27/2011
    Sponsor(s) Added.04/25/2011
    Engrossed; ready for transmission to House04/25/2011
    Passed S. as am., Ayes 32, Nays 004/25/2011
    S. adopted am.(Amendment 2 of 0 - SA0269)04/25/2011
    S. adopted am.(Amendment 1 of 0 - SA0268)04/25/2011
    Placed on Senate Regular Calendar cal. for 4/25/201104/21/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 9, Nays 0 PNV 004/20/2011
    Placed on S. E,C&T Comm. cal. for 4/20/201104/13/2011
    Action Def. in S. E,C&T Comm. to 4/20/201104/13/2011
    Placed on S. E,C&T Comm. cal. for 4/13/201104/07/2011
    Action Def. in S. E,C&T Comm. to 4/13/201103/30/2011
    Placed on S. E,C&T Comm. cal. for 3/30/201103/28/2011
    Action Def. in S. E,C&T Comm. to 3/30/201103/16/2011
    Placed on S. E,C&T Comm. cal. for 3/16/201103/09/2011
    P2C, ref. to S. E,C&T Comm.02/23/2011
    Intro., P1C.02/17/2011
    Filed for intro.02/16/2011
    Actions For HB0903Date
    Comp. became Pub. Ch. 33806/03/2011
    Sponsor(s) Added.05/18/2011
    Comp. SB subst. 05/18/2011
    H. Placed on Regular Calendar for 5/18/201105/12/2011
    Placed on cal. Calendar & Rules Committee for 5/12/201105/11/2011
    Rec. For Pass. ref. to: Calendar & Rules Committee05/10/2011
    Placed on cal. Finance, Ways & Means Committee for 5/10/201105/10/2011
    Rec. For Pass. by s/c ref. to Finance, Ways & Means Committee 05/10/2011
    Placed on s/c cal Finance Subcommittee for 5/11/201105/04/2011
    Action Def. in s/c Finance Subcommittee to 5/11/201105/04/2011
    Placed on s/c cal Finance Subcommittee for 5/4/201104/27/2011
    Assigned to s/c Finance Subcommittee04/27/2011
    Rec. For Pass. ref. to: Finance, Ways & Means Committee04/27/2011
    Placed on cal. Government Operations Committee for 4/27/201104/20/2011
    Rec. for Pass. if Am. ref. to: Government Operations Committee04/13/2011
    Placed on cal. Conservation & Environment Committee for 4/13/201104/06/2011
    Rec. For Pass. by s/c ref. to Conservation & Environment Committee 04/05/2011
    Placed on s/c cal Conservation Subcommittee for 4/5/201103/30/2011
    Assigned to s/c General Sub of Conservation02/22/2011
    P2C, ref. to Conservation & Environment Committee--Government Operations for review02/17/2011
    Intro., P1C.02/16/2011
    Filed for intro.02/15/2011
  • AmendmentsFiscal Memos
    SA0268Amendment 1-1 to SB1140Fiscal Memo for SA0268 (6143)  
    SA0269Amendment 2-2 to SB1140 
    AmendmentsFiscal Memos
    HA0221Amendment 1-1 to HB0903Fiscal Memo for HA0221 (6143)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB1140

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill directs the wildlife resources agency to promulgate reasonable rules and regulations necessary to promote commercial fishing activity as an economically viable commercial enterprise in Tennessee. This bill requires that rules and regulations regarding commercial roe fishing provide for the following:
    (1) The open season for roe fishing shall be extended to May 15 for the eastern grand division of the state;
    (2) Tennessee residents must be given preference in licensing with a limit on non-resident permits, except that existing license holders as of January 1, 2011, must be allowed to renew;
    (3) Commercial roe fishers must be limited to 10 nets per day, six if in the immediate proximity to a dam;
    (4) All nets must be properly buoyed to promote safety on the waters of this state;
    (5) Current size limits and seasons must be maintained in accordance with regulations maintained by the United States fish and wildlife service; and
    (6) The wildlife resources agency must adopt a plan to maximize the lawful harvest of roe within sound fishery management practices by rotating the waters open for commercial roe fishing.

    To assist the agency in developing such rules and plan, this bill creates a commercial fishing advisory committee who would be consulted and have input in the rule making process. The committee would be named by the wildlife resources executive director and would include licensed commercial fishers and roe fishers, dealers, and buyers. The members of the committee would serve as volunteers and would not be paid or reimbursed for time served as committee members.

    ON APRIL 25, 2011, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 1140, AS AMENDED.

    AMENDMENT #1 rewrites the bill and creates the commercial fishing advisory committee to insure that the views of the commercial fishing community are appropriately communicated as well as to assist the TWRA in developing rules and regulations on commercial fishing. The committee members would be named by the wildlife resources executive director and would include licensed commercial fishers and roe fishers, dealers, and buyers. The members of the committee would serve as volunteers and would not be paid or reimbursed for time served as committee members.

    This amendment requires the TWRA to request approval from the Convention for the International Trade of Endangered Species (CITES) to establish a length limit of at least 36 inches and an annual season length no shorter than November 15 to April 15. Should the approval not be granted, the TWRA may negotiate conditions under which the approval would be granted.

    Tennessee residents would be given preference in licensing with a limit on the number of non-resident permits. All nets would be properly buoyed to promote safety on the waters of the state.

    The TWRA would develop a plan to study sustainability, population conditions, and juvinal survival rates on waters not currently open to commercial roe fishing. With the assistance of the commercial fishing community in harvest surveys, such study would include at least the following objectives:
    (1) Description of the size structure and age structure of the existing paddlefish population;
    (2) Determination of paddlefish population parameters including growth, recruitment, and natural mortality; and
    (3) Assessment of the likelihood that the paddlefish population can provide a sustainable commercial fishery.

    AMENDMENT #2 adds a severability clause.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    House moved to substitute and conform to HB0903

    SB1140 by Summerville - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 5/18/2011
    Passed
              Ayes...............................................97
              Noes................................................0

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Favors, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Harwell, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sparks, Stewart, Swann, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 97.

              HB0903 by Niceley - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 5/12/2011
              Voice Vote - Ayes Prevail

              HB0903 by Niceley - HOUSE FINANCE, WAYS & MEANS SUBCOMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 5/11/2011
              Voice Vote - Ayes Prevail

              HB0903 by Niceley - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Recommended for passage - refer to: Calendar & Rules Committee 5/10/2011
              Voice Vote - Ayes Prevail

              HB0903 by Niceley - HOUSE GOVERNMENT OPERATIONS COMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 4/27/2011
              Voice Vote - Ayes Prevail

              HB0903 by Niceley - HOUSE CIVIL JUSTICE COMMITTEE:
    Recommended for passage w/amendments- refer to: Government Operations Committee 4/13/2011
              Voice Vote - Ayes Prevail

              HB0903 by Niceley - HOUSE CIVIL JUSTICE SUBCOMMITTEE:
    Recommended for passage - refer to: Conservation & Environment Committee 4/5/2011
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB1140 by Summerville - FLOOR VOTE: THIRD CONSIDERATION AMENDED 4/25/2011
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Henry, Herron, Johnson, Kelsey, Ketron, Kyle, Marrero, Norris, Overbey, Ramsey, Roberts, Southerland, Stewart, Summerville, Tate, Tracy, Watson, Woodson, Yager, Mr. Speaker Ramsey -- 32.

              SB1140 by Summerville - FLOOR VOTE: MOTION TO ADOPT AMEND# 2 BY Southerland 4/25/2011
              VOICE VOTE: Failed

              SB1140 by Summerville - FLOOR VOTE: MOTION TO ADOPT AMEND# 1 BY Southerland 4/25/2011
              VOICE VOTE: Failed

    SB1140 by Summerville - SENATE ENERGY, AGRICULTURE AND NATURAL RESOURCES COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 4/20/2011
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Bell, Faulk, Herron, Johnson, Marrero, Roberts, Southerland, Stewart, Summerville -- 9.