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HERE IS THE CORN RULE. CUT AND DRY
#1527189
11/19/15 12:58 AM
11/19/15 12:58 AM
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Joined: Sep 2008
Posts: 4,291 CAHABA WMA
PEA_RIDGE
OP
10 point
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OP
10 point
Joined: Sep 2008
Posts: 4,291
CAHABA WMA
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220-2-.157 Definition of Area Regulation
For the purposes of Section 9-11-244, Code of Alabama 1975, and Rule 220-2-.11, Alabama Administrative Code, as it applies to the hunting of deer and feral swine, there shall be a rebuttable presumption that any bait or feed (as defined in Section 9-11-244) located beyond 100 yards from the hunter and not within the line of sight of the hunter, is not a lure, attraction or enticement to, on or over the area where the hunter is attempting to kill or take the deer or feral swine. For the purpose of this regulation, “not within the line of sight” means being hidden from view by natural vegetation or naturally occurring terrain features. This regulation shall not apply on public lands. __________________________________________________________
Fletch Triple Toe Assassins, Where Pellets Meet Peckers
"A turkey's brain development exceeds that of nearly all vice-presidents." - TOM KELLY
The bird possesses a remarkable ability to turn arrogance into hopelessness. - TOM KELLY
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: PEA_RIDGE]
#1527191
11/19/15 01:14 AM
11/19/15 01:14 AM
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Joined: Jul 2011
Posts: 34,805 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,805
Boxes Cove
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Now post up Section 9-11-244 and show that most of this stuff DCNR says ya can " hunt over" , the law says ya CAN NOT.
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: PEA_RIDGE]
#1527194
11/19/15 01:27 AM
11/19/15 01:27 AM
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Joined: Sep 2008
Posts: 4,291 CAHABA WMA
PEA_RIDGE
OP
10 point
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OP
10 point
Joined: Sep 2008
Posts: 4,291
CAHABA WMA
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Section 9-11-244
Taking, etc., of protected birds or animals by means of bait.
No person at any time shall take, catch, kill or attempt to take, catch or kill any bird or animal protected by law or regulation of the State of Alabama by means, aid or use, directly or indirectly, of any bait such as shelled, shucked or unshucked corn or of wheat or other grain, salt or any other feed whatsoever that has been so deposited, placed, distributed or scattered as to constitute for such birds or animals a lure, attraction or enticement to, on or over the area where such hunter or hunters are attempting to kill or take them; provided, that such birds or animals may be taken under properly shocked corn and standing crops of corn, wheat or other grain or feed and grains scattered solely as a result of normal agricultural harvesting and provided further, migratory birds may be hunted under the most recent provisions established by the U.S. Fish and Wildlife Service or regulations promulgated by the Commissioner of the Department of Conservation and Natural Resources within the limits of the federal regulations.
(Acts 1951, No. 1001, p. 1672, §1; Acts 1991, No. 91-591, p. 1093, §1.)
Fletch Triple Toe Assassins, Where Pellets Meet Peckers
"A turkey's brain development exceeds that of nearly all vice-presidents." - TOM KELLY
The bird possesses a remarkable ability to turn arrogance into hopelessness. - TOM KELLY
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: PEA_RIDGE]
#1527199
11/19/15 01:36 AM
11/19/15 01:36 AM
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Joined: Sep 2008
Posts: 4,291 CAHABA WMA
PEA_RIDGE
OP
10 point
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OP
10 point
Joined: Sep 2008
Posts: 4,291
CAHABA WMA
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AND HERE IS RULE 220-2-.11
______________________________________________________________ 220-2-.11 Prohibited Methods and Devices for Hunting (a) It shall be unlawful to concentrate, drive, rally, molest or to hunt, take, capture or kill or attempt to hunt, take, capture or kill any bird or animal from or by the aid of: (1) Any automobile, motorcar, airplane, train, motorboat, sailboat or any type mechanically propelled device, or any other device being operated in conjunction with any of the above mentioned devices of transportation. Provided, however, that nothing in this regulation shall prevent hunting from a floating craft (except a sinkbox), including those propelled by motor, sail and wind, or both, when the motor of such craft has been completely shut off and/or the sails furled, as the case may be, its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor, or it is being propelled by paddle, oars or pole, and provided further that nothing in this regulation shall prevent the taking of game birds and game animals from any stationary motor vehicle or stationary motor driven land conveyance provided any forward motion is ceased and engine is shut off. Nothing in this regulation allows the hunting, taking or killing or attempting to hunt, take or kill any bird or animal from any vehicle on a public road. (2) Any electrically amplified turkey, dove or waterfowl calls or sound whether real or imitation. Nothing in this regulation shall prevent the use of electrically amplified crow calls. The possession of any electrical device and/or records capable of producing real or imitation turkey, dove or waterfowl calls of any type in the woods, field, or on the waters of this State shall be a violation of this regulation. (3) Fire or smoke whether man-made or natural. (4) Any live decoys, except when hunting unprotected birds or animals, provided that banded live pen raised quail may be used in a recovery pen as a call bird when such recovery pen is used to recover pen raised quail as provided for in Regulation 220-2-.16. (5) It shall be unlawful for any person while engaged in hunting turkey in this State to use or have in his possession a decoy which has mechanical or electronic parts which makes the decoy capable of movement or producing sound or which can be manipulated to produce movement or sound. It is further provided, however, that no turkey decoys shall be lawful except during spring turkey season in the area of use. (6) From floodwater. It shall be a violation of this regulation to hunt or attempt to hunt or take any species of resident bird or animal taking refuge in, swimming through, flying over, or resting in a tree, bush, or log standing or floating in any floodwaters or backwaters or taking refuge on any island less than forty acres in size created by any such flood or backwaters. Provided, however, that nothing in this regulation shall prevent the taking of migratory waterfowl from such areas. (7) Any area where feeding has taken place, until all the feed has been removed or consumed for at least 10 days prior to such hunting. (8) Gasoline or any noxious chemical or gaseous substance to drive wildlife from their burrows, dens, or retreats.
Fletch Triple Toe Assassins, Where Pellets Meet Peckers
"A turkey's brain development exceeds that of nearly all vice-presidents." - TOM KELLY
The bird possesses a remarkable ability to turn arrogance into hopelessness. - TOM KELLY
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: PEA_RIDGE]
#1527209
11/19/15 02:03 AM
11/19/15 02:03 AM
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Joined: Jan 2011
Posts: 1,361
mman
8 point
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8 point
Joined: Jan 2011
Posts: 1,361
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If common sense ruled then we would take the regulations for what they say. 220-2-.157 was put in place to clarify Section 9-11-244 since it defines the "area".
So, if the bait is beyond 100 yards and is hidden by natural vegetation or natural terrain, then any legal deer you see can be killed since the rebuttable presumption is that the bait or feed is not a lure, attraction, or enticement. That is what the law says, if words have meaning.
If it was closer than 100 yards or not out of the line of sight, then it can be considered a lure, enticement, or attraction and thus illegal as per 9-11-244.
The bait or feed has the same attraction whether it can be seen or not. However, if it is beyond 100 yards and out of sight, the rebuttable presumption is that it is not a lure or attraction.
However, if you try to actually follow the law, as it is written, it seems that some Johnny Greenshorts may be prone to handing out tickets because you are pushing the boundaries.
JMHO.
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: PEA_RIDGE]
#1527280
11/19/15 03:24 AM
11/19/15 03:24 AM
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Joined: Jan 2011
Posts: 38,489 N. Bama
257wbymag
Boo Boo Head
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Boo Boo Head
Joined: Jan 2011
Posts: 38,489
N. Bama
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It's just a fine. Ain't like you goin to prison for it.
Quietly killing turkeys where youre not!!! My tank full of give a fraks been runnin on empty I'm the paterfamilias
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: PEA_RIDGE]
#1527313
11/19/15 03:50 AM
11/19/15 03:50 AM
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Joined: Jan 2014
Posts: 51 Wetumpka, Alabama
Grimlock97
spike
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spike
Joined: Jan 2014
Posts: 51
Wetumpka, Alabama
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I just posted this on another thread, this is the original as I understand it:
1 HB322 2 127933-2 3 By Representatives Boman and Givan 4 RFD: Agriculture and Forestry 5 First Read: 14-FEB-12 Page 0 1 127933-2:n:02/10/2012:FC/th LRS2011-1454R1 2 3 4 5 6 7 8 SYNOPSIS: Under existing law, by regulation of the 9 Department of Conservation and Natural Resources, 10 hunting of game may not take place where feeding 11 has taken place until all feed has been removed or 12 consumed for at least 10 days prior to hunting. 13 This bill would provide for the voluntary 14 feeding of game by spincast, broadcast, or any 15 other container feeder at any time during the year 16 and would require permits for use of each feeder. 17 This bill would not affect the ability of a person 18 to operate a feeder for purposes other than hunting 19 game. 20 The bill would set the amount of the fee for 21 a permit for each feeder and provide for the 22 deposit of the funds in the Game and Fish Fund of 23 the Department of Conservation and Natural 24 Resources. 25 The bill would also provide penalties for 26 violations. Page 1 1 Amendment 621 of the Constitution of Alabama 2 of 1901 prohibits a general law whose purpose or 3 effect would be to require a new or increased 4 expenditure of local funds from becoming effective 5 with regard to a local governmental entity without 6 enactment by a 2/3 vote unless: it comes within one 7 of a number of specified exceptions; it is approved 8 by the affected entity; or the Legislature 9 appropriates funds, or provides a local source of 10 revenue, to the entity for the purpose. 11 The purpose or effect of this bill would be 12 to require a new or increased expenditure of local 13 funds within the meaning of Amendment 621. However, 14 the bill does not require approval of a local 15 governmental entity or enactment by a 2/3 vote to 16 become effective because it comes within one of the 17 specified exceptions contained in Amendment 621. 18 19 A BILL 20 TO BE ENTITLED 21 AN ACT 22 23 To provide for the feeding of game by spincast, 24 broadcast, or any container feeders; to require a permit for 25 each spincast, broadcast, or container feeder; to prescribe 26 the fees for each permit; and to prescribe penalties for 27 violation of the act; to supersede Sections 9-11-244 and Page 2 1 9-11-245, Code of Alabama 1975, for any activity in compliance 2 with this act; and in connection therewith would have as its 3 purpose or effect the requirement of a new or increased 4 expenditure of local funds within the meaning of Amendment 621 5 of the Constitution of Alabama of 1901. 6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 7 Section 1. The Department of Conservation and 8 Natural Resources shall allow the feeding of game by spincast, 9 broadcast, or container feeders and shall issue permits for 10 spincast, broadcast, or container feeders each year for the 11 entire year. For the purposes of this act, the term "game 12 feeder" shall mean only a spincast, broadcast, or container 13 game feeder. 14 Section 2. The judge of probate, license 15 commissioner, or other county official who issues licenses in 16 the county may be duly appointed by the Commissioner of 17 Conservation and Natural Resources to issue permits pursuant 18 to this act. All permits issued shall be dated when issued and 19 shall authorize the individual named on the permit to operate 20 a game feeder for the feeding of game during hunting season or 21 for one calendar year. The permits shall be numbered 22 consecutively at the time they are printed and shall be 23 furnished by the Commissioner of Conservation and Natural 24 Resources. The issuing official shall sign the permit and the 25 individual requesting the permit shall also sign on the margin 26 of the permit. The official issuing the permit shall keep in a 27 book or on specially prepared sheets furnished by the Page 3 1 Commissioner of Conservation and Natural Resources a correct 2 and complete record of all permits issued, which record shall 3 remain in the office of the issuing official and shall be open 4 to inspection by the public at all reasonable times. 5 Section 3. (a) An individual may procure a separate 6 permit to operate each game feeder by filing an application 7 with the county license issuing official in the county in 8 which the feeder will be located, stating his or her name, 9 age, place of residence, and mailing address. The individual 10 receiving a permit shall be issued a numbered decal to be 11 placed on the game feeder to correspond with the number of the 12 permit. The cost for issuance of a permit to operate a game 13 feeder effective for one year shall be twenty dollars ($20). 14 Initially, a permit may be purchased August 1, following the 15 effective date of this act, through October 15, following the 16 effective date of this act. Thereafter, a permit may be 17 purchased in each subsequent year from February 1st through 18 March 15th. 19 (b) In addition to the prescribed cost of each 20 permit in subsection (a), there shall be a five dollar ($5) 21 issuance fee for each permit issued, to be collected by the 22 issuing official and retained by the official to be paid into 23 the general fund of the county issuing the permit. 24 Section 4. The use of each feeder permitted pursuant 25 to this act shall be subject to all of the following: 26 (1) The contents of a game feeder shall contain at 27 least 15 percent protein. Page 4 1 (2) No game feeder permit shall be issued to be 2 operated upon any privately owned land without the written 3 consent of the owner or individual in lawful possession of the 4 land. 5 (3) No male whitetail deer harvested using this 6 feeding program may have less than three one-inch points above 7 the hairline on one side. However, this restriction does not 8 apply to hunters under the age of 16 or a licensed hunter who 9 is legally handicapped. 10 (4) No feeder may be placed within 500 feet of a 11 public road. 12 (5) The requirements of this act are for hunting 13 purposes only and shall be a part of an overall deer 14 management program. This act does not affect or place 15 obligations on any person that desires to feed game for any 16 reason other than hunting. 17 (6) Each feeder shall be located within 200 yards of 18 a prepared seedbed wildlife food plot or green field during 19 the deer hunting season and the field shall be at least 1 acre 20 in size. A waiver of this requirement may be applied for with 21 the Department of Conservation and Natural Resources on leased 22 property that has a written prohibition on the clearing of 23 land. 24 (7) Each feeder shall be located at least 300 feet 25 from any adjacent property line. 26 (8) Feeders used on property during deer or turkey 27 season may be hunted over if the hunter is 100 yards or more Page 5 1 from the feeder and the feeder is out of the hunter's line of 2 sight. 3 Section 5. A violation of this act constitutes a 4 misdemeanor, and upon conviction, an individual shall be fined 5 not less than three hundred dollars ($300) nor more than five 6 hundred dollars ($500) for each violation. 7 Section 6. All revenue received from fees except the 8 issuance fees under this act shall be forwarded by the issuing 9 official to the Commissioner of Conservation and Natural 10 Resources on the first day of each month and shall be 11 deposited into the Game and Fish Fund of the Department of 12 Conservation and Natural Resources. All revenue received from 13 fines and penalties for violations of this act shall be 14 forwarded to the Commissioner of Conservation and Natural 15 Resources by the trial court on the first day of each month to 16 be deposited into the Game and Fish Fund of the Department of 17 Conservation and Natural Resources. 18 Section 7. The Commissioner of Conservation and 19 Natural Resources may promulgate rules and regulations to 20 carry out this act. In addition to this authority, the State 21 Veterinarian in agreement with the Commissioner of Agriculture 22 and Industries and the Commissioner of Conservation and 23 Natural Resources may declare an emergency because of disease 24 or other outbreak and suspend this feeding program. 25 Section 8. This act is voluntary for hunters. 26 Hunters not wanting to participate are under no obligations or 27 restrictions of this act. Page 6 1 Section 9. Although this bill would have as its 2 purpose or effect the requirement of a new or increased 3 expenditure of local funds, the bill is excluded from further 4 requirements and application under Amendment 621 because the 5 bill defines a new crime or amends the definition of an 6 existing crime. 7 Section 10. All laws or parts of laws which conflict 8 with this act are repealed. Sections 9-11-244 and 9-11-245, 9 Code of Alabama 1975, shall not apply to any activity in 10 compliance with this act. 11 Section 11. This act shall become effective 12 immediately following its passage and approval by the 13 Governor, or its otherwise becoming law. Page 7
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: 257wbymag]
#1527314
11/19/15 03:51 AM
11/19/15 03:51 AM
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Joined: Jan 2014
Posts: 3 Trussville
ehipres
spike
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spike
Joined: Jan 2014
Posts: 3
Trussville
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It's just a fine. Ain't like you goin to prison for it. What is the fine?
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: Grimlock97]
#1527326
11/19/15 04:01 AM
11/19/15 04:01 AM
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Joined: Jan 2006
Posts: 1,258 Cullman County
yotetrapper
8 point
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8 point
Joined: Jan 2006
Posts: 1,258
Cullman County
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I just posted this on another thread, this is the original as I understand it:
1 HB322 2 127933-2 3 By Representatives Boman and Givan 4 RFD: Agriculture and Forestry 5 First Read: 14-FEB-12 Page 0 1 127933-2:n:02/10/2012:FC/th LRS2011-1454R1 2 3 4 5 6 7 8 SYNOPSIS: Under existing law, by regulation of the 9 Department of Conservation and Natural Resources, 10 hunting of game may not take place where feeding 11 has taken place until all feed has been removed or 12 consumed for at least 10 days prior to hunting. 13 This bill would provide for the voluntary 14 feeding of game by spincast, broadcast, or any 15 other container feeder at any time during the year 16 and would require permits for use of each feeder. 17 This bill would not affect the ability of a person 18 to operate a feeder for purposes other than hunting 19 game. 20 The bill would set the amount of the fee for 21 a permit for each feeder and provide for the 22 deposit of the funds in the Game and Fish Fund of 23 the Department of Conservation and Natural 24 Resources. 25 The bill would also provide penalties for 26 violations. Page 1 1 Amendment 621 of the Constitution of Alabama 2 of 1901 prohibits a general law whose purpose or 3 effect would be to require a new or increased 4 expenditure of local funds from becoming effective 5 with regard to a local governmental entity without 6 enactment by a 2/3 vote unless: it comes within one 7 of a number of specified exceptions; it is approved 8 by the affected entity; or the Legislature 9 appropriates funds, or provides a local source of 10 revenue, to the entity for the purpose. 11 The purpose or effect of this bill would be 12 to require a new or increased expenditure of local 13 funds within the meaning of Amendment 621. However, 14 the bill does not require approval of a local 15 governmental entity or enactment by a 2/3 vote to 16 become effective because it comes within one of the 17 specified exceptions contained in Amendment 621. 18 19 A BILL 20 TO BE ENTITLED 21 AN ACT 22 23 To provide for the feeding of game by spincast, 24 broadcast, or any container feeders; to require a permit for 25 each spincast, broadcast, or container feeder; to prescribe 26 the fees for each permit; and to prescribe penalties for 27 violation of the act; to supersede Sections 9-11-244 and Page 2 1 9-11-245, Code of Alabama 1975, for any activity in compliance 2 with this act; and in connection therewith would have as its 3 purpose or effect the requirement of a new or increased 4 expenditure of local funds within the meaning of Amendment 621 5 of the Constitution of Alabama of 1901. 6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 7 Section 1. The Department of Conservation and 8 Natural Resources shall allow the feeding of game by spincast, 9 broadcast, or container feeders and shall issue permits for 10 spincast, broadcast, or container feeders each year for the 11 entire year. For the purposes of this act, the term "game 12 feeder" shall mean only a spincast, broadcast, or container 13 game feeder. 14 Section 2. The judge of probate, license 15 commissioner, or other county official who issues licenses in 16 the county may be duly appointed by the Commissioner of 17 Conservation and Natural Resources to issue permits pursuant 18 to this act. All permits issued shall be dated when issued and 19 shall authorize the individual named on the permit to operate 20 a game feeder for the feeding of game during hunting season or 21 for one calendar year. The permits shall be numbered 22 consecutively at the time they are printed and shall be 23 furnished by the Commissioner of Conservation and Natural 24 Resources. The issuing official shall sign the permit and the 25 individual requesting the permit shall also sign on the margin 26 of the permit. The official issuing the permit shall keep in a 27 book or on specially prepared sheets furnished by the Page 3 1 Commissioner of Conservation and Natural Resources a correct 2 and complete record of all permits issued, which record shall 3 remain in the office of the issuing official and shall be open 4 to inspection by the public at all reasonable times. 5 Section 3. (a) An individual may procure a separate 6 permit to operate each game feeder by filing an application 7 with the county license issuing official in the county in 8 which the feeder will be located, stating his or her name, 9 age, place of residence, and mailing address. The individual 10 receiving a permit shall be issued a numbered decal to be 11 placed on the game feeder to correspond with the number of the 12 permit. The cost for issuance of a permit to operate a game 13 feeder effective for one year shall be twenty dollars ($20). 14 Initially, a permit may be purchased August 1, following the 15 effective date of this act, through October 15, following the 16 effective date of this act. Thereafter, a permit may be 17 purchased in each subsequent year from February 1st through 18 March 15th. 19 (b) In addition to the prescribed cost of each 20 permit in subsection (a), there shall be a five dollar ($5) 21 issuance fee for each permit issued, to be collected by the 22 issuing official and retained by the official to be paid into 23 the general fund of the county issuing the permit. 24 Section 4. The use of each feeder permitted pursuant 25 to this act shall be subject to all of the following: 26 (1) The contents of a game feeder shall contain at 27 least 15 percent protein. Page 4 1 (2) No game feeder permit shall be issued to be 2 operated upon any privately owned land without the written 3 consent of the owner or individual in lawful possession of the 4 land. 5 (3) No male whitetail deer harvested using this 6 feeding program may have less than three one-inch points above 7 the hairline on one side. However, this restriction does not 8 apply to hunters under the age of 16 or a licensed hunter who 9 is legally handicapped. 10 (4) No feeder may be placed within 500 feet of a 11 public road. 12 (5) The requirements of this act are for hunting 13 purposes only and shall be a part of an overall deer 14 management program. This act does not affect or place 15 obligations on any person that desires to feed game for any 16 reason other than hunting. 17 (6) Each feeder shall be located within 200 yards of 18 a prepared seedbed wildlife food plot or green field during 19 the deer hunting season and the field shall be at least 1 acre 20 in size. A waiver of this requirement may be applied for with 21 the Department of Conservation and Natural Resources on leased 22 property that has a written prohibition on the clearing of 23 land. 24 (7) Each feeder shall be located at least 300 feet 25 from any adjacent property line. 26 (8) Feeders used on property during deer or turkey 27 season may be hunted over if the hunter is 100 yards or more Page 5 1 from the feeder and the feeder is out of the hunter's line of 2 sight. 3 Section 5. A violation of this act constitutes a 4 misdemeanor, and upon conviction, an individual shall be fined 5 not less than three hundred dollars ($300) nor more than five 6 hundred dollars ($500) for each violation. 7 Section 6. All revenue received from fees except the 8 issuance fees under this act shall be forwarded by the issuing 9 official to the Commissioner of Conservation and Natural 10 Resources on the first day of each month and shall be 11 deposited into the Game and Fish Fund of the Department of 12 Conservation and Natural Resources. All revenue received from 13 fines and penalties for violations of this act shall be 14 forwarded to the Commissioner of Conservation and Natural 15 Resources by the trial court on the first day of each month to 16 be deposited into the Game and Fish Fund of the Department of 17 Conservation and Natural Resources. 18 Section 7. The Commissioner of Conservation and 19 Natural Resources may promulgate rules and regulations to 20 carry out this act. In addition to this authority, the State 21 Veterinarian in agreement with the Commissioner of Agriculture 22 and Industries and the Commissioner of Conservation and 23 Natural Resources may declare an emergency because of disease 24 or other outbreak and suspend this feeding program. 25 Section 8. This act is voluntary for hunters. 26 Hunters not wanting to participate are under no obligations or 27 restrictions of this act. Page 6 1 Section 9. Although this bill would have as its 2 purpose or effect the requirement of a new or increased 3 expenditure of local funds, the bill is excluded from further 4 requirements and application under Amendment 621 because the 5 bill defines a new crime or amends the definition of an 6 existing crime. 7 Section 10. All laws or parts of laws which conflict 8 with this act are repealed. Sections 9-11-244 and 9-11-245, 9 Code of Alabama 1975, shall not apply to any activity in 10 compliance with this act. 11 Section 11. This act shall become effective 12 immediately following its passage and approval by the 13 Governor, or its otherwise becoming law. Page 7
Did NOT pass. You are making things more muddled up than they were before!
Jon Bartlett
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: mman]
#1527401
11/19/15 04:57 AM
11/19/15 04:57 AM
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Joined: Jul 2011
Posts: 34,805 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,805
Boxes Cove
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If common sense ruled then we would take the regulations for what they say. 220-2-.157 was put in place to clarify Section 9-11-244 since it defines the "area".
So, if the bait is beyond 100 yards and is hidden by natural vegetation or natural terrain, then any legal deer you see can be killed since the rebuttable presumption is that the bait or feed is not a lure, attraction, or enticement. That is what the law says, if words have meaning.
If it was closer than 100 yards or not out of the line of sight, then it can be considered a lure, enticement, or attraction and thus illegal as per 9-11-244.
The bait or feed has the same attraction whether it can be seen or not. However, if it is beyond 100 yards and out of sight, the rebuttable presumption is that it is not a lure or attraction.
However, if you try to actually follow the law, as it is written, it seems that some Johnny Greenshorts may be prone to handing out tickets because you are pushing the boundaries.
JMHO. My point has nothing to do with the " 100 yd/out of sight" reg. It's the fact of what 9-11-244 says, but DCNR has said ya can hunt over white salt, trophy rock, bush hogged corn and such. 49er was spot on that stuff , like it or not.
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: 2Dogs]
#1527549
11/19/15 06:50 AM
11/19/15 06:50 AM
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Joined: Nov 2010
Posts: 10,646 Past Ol’ man Finley’s plac...
Southwood7
Booner
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Booner
Joined: Nov 2010
Posts: 10,646
Past Ol’ man Finley’s plac...
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If common sense ruled then we would take the regulations for what they say. 220-2-.157 was put in place to clarify Section 9-11-244 since it defines the "area".
So, if the bait is beyond 100 yards and is hidden by natural vegetation or natural terrain, then any legal deer you see can be killed since the rebuttable presumption is that the bait or feed is not a lure, attraction, or enticement. That is what the law says, if words have meaning.
If it was closer than 100 yards or not out of the line of sight, then it can be considered a lure, enticement, or attraction and thus illegal as per 9-11-244.
The bait or feed has the same attraction whether it can be seen or not. However, if it is beyond 100 yards and out of sight, the rebuttable presumption is that it is not a lure or attraction.
However, if you try to actually follow the law, as it is written, it seems that some Johnny Greenshorts may be prone to handing out tickets because you are pushing the boundaries.
JMHO. My point has nothing to do with the " 100 yd/out of sight" reg. It's the fact of what 9-11-244 says, but DCNR has said ya can hunt over white salt, trophy rock, bush hogged corn and such. 49er was spot on that stuff , like it or not. 49er was dead on. He just lacked any tact in delivering his position. He needs to read, "how to wins friends and influence people"
The Spirit of God has made me; the breath of the Almighty gives me life. Job 33:4
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: 2Dogs]
#1527594
11/19/15 07:27 AM
11/19/15 07:27 AM
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Joined: Jan 2006
Posts: 1,258 Cullman County
yotetrapper
8 point
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8 point
Joined: Jan 2006
Posts: 1,258
Cullman County
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If common sense ruled then we would take the regulations for what they say. 220-2-.157 was put in place to clarify Section 9-11-244 since it defines the "area".
So, if the bait is beyond 100 yards and is hidden by natural vegetation or natural terrain, then any legal deer you see can be killed since the rebuttable presumption is that the bait or feed is not a lure, attraction, or enticement. That is what the law says, if words have meaning.
If it was closer than 100 yards or not out of the line of sight, then it can be considered a lure, enticement, or attraction and thus illegal as per 9-11-244.
The bait or feed has the same attraction whether it can be seen or not. However, if it is beyond 100 yards and out of sight, the rebuttable presumption is that it is not a lure or attraction.
However, if you try to actually follow the law, as it is written, it seems that some Johnny Greenshorts may be prone to handing out tickets because you are pushing the boundaries.
JMHO. My point has nothing to do with the " 100 yd/out of sight" reg. It's the fact of what 9-11-244 says, but DCNR has said ya can hunt over white salt, trophy rock, bush hogged corn and such. 49er was spot on that stuff , like it or not. At some point in the past 49er posted a picture of a memo that our Chief sent him which explained why plain white salt is allowed for deer. The reason is that in 1975 the legislature amended 9-11-245 and they were going to put the exception to allow the hunting of deer over salt in 9-11-244, but this was inadvertently left out. So our department honored the intent of the legislature to allow the hunting of deer over plain white salt. Trophy rocks are a rock salt. Therefore legal.
Jon Bartlett
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: yotetrapper]
#1527601
11/19/15 07:32 AM
11/19/15 07:32 AM
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Joined: Jul 2011
Posts: 34,805 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,805
Boxes Cove
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If common sense ruled then we would take the regulations for what they say. 220-2-.157 was put in place to clarify Section 9-11-244 since it defines the "area".
So, if the bait is beyond 100 yards and is hidden by natural vegetation or natural terrain, then any legal deer you see can be killed since the rebuttable presumption is that the bait or feed is not a lure, attraction, or enticement. That is what the law says, if words have meaning.
If it was closer than 100 yards or not out of the line of sight, then it can be considered a lure, enticement, or attraction and thus illegal as per 9-11-244.
The bait or feed has the same attraction whether it can be seen or not. However, if it is beyond 100 yards and out of sight, the rebuttable presumption is that it is not a lure or attraction.
However, if you try to actually follow the law, as it is written, it seems that some Johnny Greenshorts may be prone to handing out tickets because you are pushing the boundaries.
JMHO. My point has nothing to do with the " 100 yd/out of sight" reg. It's the fact of what 9-11-244 says, but DCNR has said ya can hunt over white salt, trophy rock, bush hogged corn and such. 49er was spot on that stuff , like it or not. At some point in the past 49er posted a picture of a memo that our Chief sent him which explained why plain white salt is allowed for deer. The reason is that in 1975 the legislature amended 9-11-245 and they were going to put the exception to allow the hunting of deer over salt in 9-11-244, but this was inadvertently left out. So our department honored the intent of the legislature to allow the hunting of deer over plain white salt. Trophy rocks are a rock salt. Therefore legal. Yep, mined in Utah and trucked in. But ya can't pick up acorns out of your yard and throw them around the oak your stand is in. And the whole bush hogging corn is not baiting thing? Not buying it, sorry.
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: HERE IS THE CORN RULE. CUT AND DRY
[Re: 2Dogs]
#1527629
11/19/15 08:11 AM
11/19/15 08:11 AM
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Joined: Jan 2011
Posts: 1,361
mman
8 point
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8 point
Joined: Jan 2011
Posts: 1,361
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Yep, mined in Utah and trucked in. But ya can't pick up acorns out of your yard and throw them around the oak your stand is in.
And the whole bush hogging corn is not baiting thing? Not buying it, sorry. Don't try to make sense out of it. Remove logic from the equation and just accept the situation for what it is...ILLOGICAL.
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