Biological Diversity Policy

Alabama does not have a formal biodiversity policy. The Department of Conservation and Natural Resources has a policy to protect, conserve and increase the wildlife of the state. (Ala. Code 9-2-2 (1) ) The policy gives little direction as to how this is to be accomplished.

Status of Biodiversity Science

Alabama does not have a coordinated assessment system in place. Instead, the state relies on GAP and its Natural Heritage Program. (Ala. Const. amend. no. 543, 11) GAP was initiated in 1995. The Alabama Natural Heritage Program is ongoing and is run by the Lands Division of the Department of Conservation and Natural Resources with help from The Nature Conservancy.

Endangered Species

Alabama does not have an endangered species act. Instead, using its administrative authority, the state's Natural Heritage Program maintains lists of nongame species it considers endangered, threatened, of special concern or poorly known. There are no penalties for taking listed species.

State Agency Management for Biodiversity

State-owned Lands

No requirements for natural resource agencies to plan and manage their lands in a biologically sustainable manner were identified by the research.

Cooperative Efforts

Some state agencies did report that they engage in cooperative efforts to improve land management across ownership boundaries. For example, the Timber, Recreation, Environment, Aesthetics for a Sustained Useable Resource (TREASURE) Forest program, sponsored by the Alabama Forestry Commission, gives public recognition to private, corporate and public landowners who are good stewards of their land. The program requires that a landowner prepare a management plan that includes conservation or education along with a primary objective such as timber cutting.

State Agency Training

Alabama has no identified programs of agency personnel training for biodiversity.

Impact Assessment

Alabama does not have a "little NEPA" requiring agencies to assess the environmental impacts of their proposed actions. However, monitoring programs conducted by the Department of Environmental Management can be used in some ways to determine impacts.

Habitat Acquisition

Alabama has a program specifically designed to acquire lands important because of their biodiversity values. The Forever Wild Land Trust, established by constitutional amendment, acquires land for the purpose of increasing wildlife habitat and natural diversity. (Ala. Const. amend. no. 543, 3) An interdisciplinary Board of Trustees determines which lands are to be acquired. Monies come from the Alabama Trust Fund, which is an irrevocable, permanent fund established by the state constitution. The current level of funding for this program is only a few million dollars, and has not approached the $15 million cap.

Private Land Conservation

The state of Alabama sponsors several efforts that promote private land conservation. The TREASURE Forest Program encourages private landowners to manage their lands in a sustainable manner with multiple uses. In addition, donations of property to the State are entitled to twice the ordinary deduction for state income tax purposes, and land subject to a conservation easement receives a reduction in value for property tax purposes.

Exotic Species

Alabama has few statutes or regulations designed to control the introduction and spread of exotic species. Regulations prohibit the importation of certain vertebrate species such as any species of mongoose and certain kinds of catfishes. (Ala. Admin. Code 220-2-.26, .93) Fines for importing these species range from $50 to $250. (Ala. Code 9-2-13) No provisions to restrict exotic plant species were identified.

Predator or Animal Damage Control Activities

Alabama's animal damage control program is run cooperatively by the federal and state government. The federal program generally concentrates on migratory birds, while the state focuses on public health problems and deer damage. In addition, state game and fish wardens have the power to control predators that threaten "useful" forms of wildlife. (Ala. Code 9-2-65)

Additional Legal Protections for Biodiversity

A constitutional amendment states that Alabama's policy is to protect lands and areas of unique ecological, biological and geological significance. (Ala. Const. amend. no. 543, 1)

Related Issues

Some wildlife education exists in the state, such as Project WILD and the TREASURE Forest Program. In addition, the state has published a viewing guide on wildlife, though not part of the Watchable Wildlife Program.

The state has a marine mammal protection law that prohibits the taking of any marine mammal with penalties ranging from $50 to $500 fines and up to six months imprisonment. (Ala. Code 9-11-394; 9-11-396)

Alabama does not have a takings law. Two bills were introduced in the 1995 legislative session and died in committee.

Contacts:

Alabama Department of Conservation and Natural Resources
64 N. Union St.
Montgomery, AL 36130
205-242-3486

Department of Agriculture and Industries
The Richard Beard Bldg.
PO Box 3336
Montgomery, AL 36193
205-242-2650

Forestry Commission
513 Madison Ave.
Montgomery, AL 36130
205-240-9300

Alabama Cooperative Extension Service
109 Duncan Hall
Auburn University, AL 36849-5612
205-844-4444

Alabama ADC State Director
Room 118, Extension Hall
Auburn University, AL 36849-5656
334-844-5670