AL SB233

Owners or lessees of private reefs, beds, or bottoms may sue any person who takes oysters, shells, cultch, or clams from their property or damages it through pollution or other means.

Successful plaintiffs may recover treble damages and attorney's fees as assessed by a jury.

Juries may consider whether the defendant acted knowingly, willfully, or in reckless disregard of private ownership, and whether the reef was clearly marked per Section 9-12-32 of the Alabama Code (except in pollution cases).

Compliance with Alabama Department of Environmental Management rules at the time of the defendant's actions constitutes an affirmative defense in pollution cases.

The act becomes effective on the first day of the third month following passage and approval by the Governor.