OK.....you got me.....

I 'chose' to go by the Regulation (220-2-.07) that the ALDCNR set instead of the State Law dictated by the Legislature. The Regulation says 'daylight hours'.

… The provisions of a statute will prevail in any case of a conflict between a statute and an agency regulation.
Ex parte State Dep't of Human Resources, 548 So.2d 176 (Ala.1988).

An administrative regulation must be consistent with the statutes under which its promulgation is authorized.
Ex parte City of Florence, 417 So.2d 191 (Ala.1982).

An administrative agency cannot usurp legislative powers or contravene a statute.
Alabama State Milk Control Bd. v. Graham, 250 Ala. 49, 33 So.2d 11 (1947).

A regulation cannot subvert or enlarge upon statutory policy.
Jefferson County Bd. of Ed. v. Alabama Bd. of Cosmetology, 380 So.2d 913 (Ala.Civ.App.1980).

Regulation 810-3-15-.05(10) therefore cannot override Ala. Code 1975, § 40-18-8(j).

"`It is well established that criminal statutes should not be "extended by construction."'"
Ex parte Mutrie, 658 So.2d 347, 349 (Ala.1993)...

"`Principles of statutory construction instruct this Court to interpret the plain language of a statute to mean exactly what it says and to engage in judicial construction only if the language in the statute is ambiguous.' Ex parte Pratt, 815 So. 2d 532, 535 (Ala. 2001).