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Re: Confused about baiting rule now [Re: LIOJeff] #560972
03/22/13 01:25 PM
03/22/13 01:25 PM
Joined: Aug 2005
Posts: 8,363
Montgomery
WmHunter Offline
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Montgomery
Public = all landowners and hunters. Therefore
there *is* a legit public interest here, especially to
stop what many consider unethical hunting practices,
and also to prevent conflict between the citizenry
over such practices. Another valid public interest is the
preservation and promotion of woodsmanship skills.

Of course this would not be consistent
with libertarian anarchy.:)


"The Tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants." Thomas Jefferson

" Chuck Sykes is a dictator control freak like Vladimir Putin " WmHunter

Re: Confused about baiting rule now [Re: WmHunter] #561007
03/22/13 02:23 PM
03/22/13 02:23 PM
Joined: Oct 2005
Posts: 10,997
Warrior River Country
49er Offline
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Originally Posted By: WmHunter
Public = all landowners and hunters. Therefore
there *is* a legit public interest here, especially to
stop what many consider unethical hunting practices,
and also to prevent conflict between the citizenry
over such practices. Another valid public interest is the
preservation and promotion of woodsmanship skills.

Of course this would not be consistent
with libertarian anarchy.:)


The public certainly does include all landowners and hunters.

That means hunters whose morals and ethics allow them to hunt over bait are unjustly restricted by their government due to the ethics and morals of those who do not hunt over bait.

There is no compelling public interest that justifies the restriction.

As for your libertarian anarchy remark:

My beliefs are in support of our constitutional republican form of government. Our state's constitution defines the legitimate purpose of government in Article I, Declaration of Rights Section 35:

Quote:
... the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions it is usurpation and oppression.


My beliefs fit that defintion of the legitimate role of government. I do not believe in hunting over bait, but I do believe our government should protect freedom and liberty.


Your support for a law that attempts to force the beliefs of some on others at the expense of freedom and liberty certainly does not fit our constitutional defintion of the legitimate purpose of government.

Re: Confused about baiting rule now [Re: LIOJeff] #562481
03/25/13 03:12 PM
03/25/13 03:12 PM
Joined: Dec 2009
Posts: 137
clanton
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dattangdiff Offline
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clanton
I spoke with a local warden and he said if u got at the back of a food plot 110 yds away and left the sage standing and spread the corn out so u could see the yellow you would be fine.

I'm still not sold on the 100yd rule. I have to understand the purpose of a rule.

I just can't understand why a guy should be penalized for being 95 yds away and another guy be ok for being 110yds away.

I realize a rule is a rule but what was the point???

Re: Confused about baiting rule now [Re: LIOJeff] #562482
03/25/13 03:13 PM
03/25/13 03:13 PM
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Posts: 137
clanton
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clanton
Sorry so you could not see the corn

Re: Confused about baiting rule now [Re: dattangdiff] #562592
03/25/13 06:31 PM
03/25/13 06:31 PM
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Warrior River Country
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Originally Posted By: dattangdiff
I spoke with a local warden and he said if u got at the back of a food plot 110 yds away and left the sage standing and spread the corn out so u could see the yellow you would be fine.

I'm still not sold on the 100yd rule. I have to understand the purpose of a rule.

I just can't understand why a guy should be penalized for being 95 yds away and another guy be ok for being 110yds away.

I realize a rule is a rule but what was the point???


Speak with another game warden or two without telling them you have already gotten an opinion. then see if their opinions match.

The opinion you got does not match what the game warden's boss said:

Quote:
... A rebuttable presumption is one that is taken to be true unless someone comes forward to contest it and prove otherwise, Guy said.

"In this case, the rebuttable presumption is that if you are in compliance with the regulation, you're presumed not to be baiting, but that can be overcome by the evidence," Guy said.

The burden of proof still rests with the state to establish that the hunter placed the feed outside of an on-going supplemental feeding program and with the intent to lure or attract game to within shooting range, Guy said.

Alabama's conservation law enforcement chief Kevin Dodd said the new regulation will still require his officers to use their discretion when making baiting cases. ...



link to source here

Re: Confused about baiting rule now [Re: dattangdiff] #562661
03/25/13 08:09 PM
03/25/13 08:09 PM
Joined: Nov 2005
Posts: 4,317
Alabama
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jmj120 Offline
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Alabama
Originally Posted By: dattangdiff
I spoke with a local warden and he said if u got at the back of a food plot 110 yds away and left the sage standing and spread the corn out so u could see the yellow you would be fine.

I'm still not sold on the 100yd rule. I have to understand the purpose of a rule.

I just can't understand why a guy should be penalized for being 95 yds away and another guy be ok for being 110yds away.

I realize a rule is a rule but what was the point???

I agree. Another problem is that game warden told you his "opinion" not the law. The next GW could view it another way.
I've spoken to 3 GW's lately and all 3 think the CAB is a joke.
They just want clarity to make their job doable.

Re: Confused about baiting rule now [Re: 49er] #562679
03/25/13 08:30 PM
03/25/13 08:30 PM
Joined: Sep 2004
Posts: 36,354
alabama
BhamFred Offline
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Quote:
... The burden of proof still rests with the state to establish that the hunter placed the feed outside of an on-going supplemental feeding program and with the intent to lure or attract game to within shooting range, Guy said.


this is unadulterated horsechitt. Make it totally illegal or make it where I can hide IN the feeder neck deep in corn and shoot the chitt out of em........and I personally don't care which it is.

this halfway, zig/zag, crap is worthless and is going to be a nightmare for the poor fellas in Enforcement...


I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....

proud Cracker-Americaan

muslims are like coyotes, only good one is a dead one
Re: Confused about baiting rule now [Re: BhamFred] #562714
03/25/13 08:59 PM
03/25/13 08:59 PM
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striker6126 Offline
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Originally Posted By: BhamFred
Quote:
... The burden of proof still rests with the state to establish that the hunter placed the feed outside of an on-going supplemental feeding program and with the intent to lure or attract game to within shooting range, Guy said.


this is unadulterated horsechitt. Make it totally illegal or make it where I can hide IN the feeder neck deep in corn and shoot the chitt out of em........and I personally don't care which it is.

this halfway, zig/zag, crap is worthless and is going to be a nightmare for the poor fellas in Enforcement...



Best post in the whole damn thread

Re: Confused about baiting rule now [Re: LIOJeff] #562762
03/25/13 09:55 PM
03/25/13 09:55 PM
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Posts: 1,557
St. Clair County
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Farmer Brown Offline
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St. Clair County
What if you set up on a long logging road 100 yds from where a feeder is off the road, in the thick pines, and out of sight. If you killed a deer crossing the road headed to the feeder, would that be baiting or feeding?

Re: Confused about baiting rule now [Re: Hogwild] #562763
03/25/13 09:59 PM
03/25/13 09:59 PM
Joined: Feb 2004
Posts: 6,539
Birmingham
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truedouble Offline
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Birmingham
Originally Posted By: Hogwild
Tell that to my Father-in-Law and two others that received tickets for hunting over bait while hunting as guests in foodplots that had hog traps set in the woods beside them. The traps were baited with corn....BUT, not in sight of the shooting house. And say what you want; BUT I am not going to walk around a food plot looking around for corn before hunting it.

Or, how about the GW's being ordered to go to a high dollar high fence and flagging areas around protein feeders to designate 'area' so as to allow hunting and feeding to go on at the same time.

Or, to the GW that told me that I could not legally release my dogs at the protein feeders to trail up and bay the hogs that were eating all the guys expensive deer feed.

I could go on.
But, I think you are plenty intelligent enough to see that there are too many loopholes and WAYYYYYYY too many exeptions based on 'who' you are.


your FIL should have been told by the landowner that there was bait. Don't see how that would be a good example of how this law is going to help. My only sympathy would be for a landowner who feeds year around but hunts in completely different areas than his feeders but had some GW interpret the law in the wrong way....I'm sure this has happened but not enough to pass another BS law that creates more questions and problems than solutions.

As for high fence areas...who gives a rats arse? Let them kill deer tied to trees, at night, over feeders...NO HUNTING LAWS should be designed around high fence deer farms. Hunting laws should without question be written based on free range/ fair chase only.

By the way, take a foodplot with a a couple of cedar trees out in the middle...place a feeder behind the cedar trees at 101 yds from your stand. This is completely legal according to one of the CAB members. Please tell me how this isn't legalizing baiting. If you are pro baiting, fine, but don't tell me that you believe this law does anything productive in regards to defining area for the sole purpose of allowing land managers to feed (not bait) year around.

Re: Confused about baiting rule now [Re: Hogwild] #562765
03/25/13 10:05 PM
03/25/13 10:05 PM
Joined: Feb 2004
Posts: 6,539
Birmingham
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truedouble Offline
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Birmingham
Originally Posted By: Hogwild
Originally Posted By: Fun4all
Originally Posted By: Hogwild
The most reasonable thing would be to either make feeding legal, or illegal, and quit beating around the bush!!!!


Feeding was already legal and so was baiting, it was just NOT in the form that everybody wanted, much easier to pour it out of the bag than to plant it and let it grow and continue to feed the wildlife after the season goes out. But that is obviously to hard for some to understand, or more likely requires effort. Now the baiting, excuse me, feeding is good for gun hunters but not for bowhunters, so why can't they say it only has to be ten yards from away and out of sight from the bowhunter??????????????????????

Sad when egos, ineptitude and searching for the lowest common denominator of effort and skill defind "hunting"!



I am afraid that you are a little too full of yourself this afternoon.

Feeding is legal.
Baiting is illegal.

NO possible way, but the current Law, that feeding can be legally done on the same property as hunting under the current Regs.


you sure about that?

Re: Confused about baiting rule now [Re: LIOJeff] #562767
03/25/13 10:07 PM
03/25/13 10:07 PM
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Posts: 20,017
PDL, Fl
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timbercruiser Offline
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PDL, Fl
Year round supplemental feeding doesn't have to be sack feed, a food plot that has been fertilized, even if it is only natural weeds that deer eat or a green field should be legal as I read the proposal.

Re: Confused about baiting rule now [Re: 2Dogs] #562769
03/25/13 10:11 PM
03/25/13 10:11 PM
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Posts: 6,539
Birmingham
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truedouble Offline
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Birmingham
Originally Posted By: 2Dogs
Originally Posted By: Clem
Quote:
NO possible way, but the current Law, that feeding can be legally done on the same property as hunting under the current Regs.


Sure, it can. Depends on the game warden's discretion.


It's up to the GW's first, then the Judge. Seems we keep forgetting about him.


I'd be very curious to know how many tickets are written annually for situations involving someone feeding their deer but hunting 400+ yds away and out of sight of a feeder. I bet it is minimal at best. A few on here act like this is a huge problem, but it's really not. Those that feed but don't push the limits on hunting near the feed are not in jeopardy of getting ticketed 99% of the time. It would take a corrupt GW and then even at that would likely get thrown out by the judge.

Re: Confused about baiting rule now [Re: LIOJeff] #562837
03/26/13 07:35 AM
03/26/13 07:35 AM
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Thomasville, AL
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Hogwild Offline
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Sounds like you like to feed on your property but don't want anyone else to.

Just because the local GW in YOUR area let's it slide......that does not make it legal and is the problem in itself! No consistency!

Re: Confused about baiting rule now [Re: BhamFred] #562845
03/26/13 07:43 AM
03/26/13 07:43 AM
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Posts: 11,348
Prattville AL
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ElkHunter Offline
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Prattville AL
Originally Posted By: BhamFred
Quote:
... The burden of proof still rests with the state to establish that the hunter placed the feed outside of an on-going supplemental feeding program and with the intent to lure or attract game to within shooting range, Guy said.


this is unadulterated horsechitt. Make it totally illegal or make it where I can hide IN the feeder neck deep in corn and shoot the chitt out of em........and I personally don't care which it is.

this halfway, zig/zag, crap is worthless and is going to be a nightmare for the poor fellas in Enforcement...



Well said sir!


Alabama Hog Control, Inc.
www.alabamahogcontrol.com
Barry Estes

The only thing necessary for the triumph of evil is for good men to do nothing. Edmund Burke
Re: Confused about baiting rule now [Re: LIOJeff] #562853
03/26/13 07:57 AM
03/26/13 07:57 AM
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Thomasville, AL
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Hogwild Offline
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Also, in talking to a couple of locals at our Courthouse......MANY cases have been being thrown out once they make it to the Courthouse.

Total waste of time for the GW AND the person thicketed if the Law is so vague that the case gets thrown out if contested.

Like I said earlier in the thread.....either make it legal or illegal and be done with the whole Area thing. It is impossible to satisfy people with the definition of Area, and it only leads to confusion for the wardens.

Re: Confused about baiting rule now [Re: Hogwild] #562879
03/26/13 08:54 AM
03/26/13 08:54 AM
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Birmingham
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truedouble Offline
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Originally Posted By: Hogwild
Sounds like you like to feed on your property but don't want anyone else to.

Just because the local GW in YOUR area let's it slide......that does not make it legal and is the problem in itself! No consistency!


if you are referring to me you would be wrong. I am and always have been completely apposed to being able to hunt over a pile of corn or a feeder. And for the record I haven't seen a GW on my place in over 20 years so I don't know how they used to interpret the old law. I am against this law because this law makes it legal to hunt over a bait pile or feeder, plain and simple. I'm not opposed to year around feeding...so my point is the law should have been 350 yds. (minimum) and out of the line of sight. I and most others that don't want baiting legalized would have been 100% fine with that distance...IMO

Re: Confused about baiting rule now [Re: Hogwild] #562882
03/26/13 08:57 AM
03/26/13 08:57 AM
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Birmingham
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truedouble Offline
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Originally Posted By: Hogwild
Also, in talking to a couple of locals at our Courthouse......MANY cases have been being thrown out once they make it to the Courthouse.

Total waste of time for the GW AND the person thicketed if the Law is so vague that the case gets thrown out if contested.

Like I said earlier in the thread.....either make it legal or illegal and be done with the whole Area thing. It is impossible to satisfy people with the definition of Area, and it only leads to confusion for the wardens.


agree with you here...but you have to admit the 100 yds was purposely used to help Moultrie and the Ainsworth clan and the other's that would like to see feeders legal to hunt over. that's all I'm saying

Re: Confused about baiting rule now [Re: Hogwild] #562886
03/26/13 09:02 AM
03/26/13 09:02 AM
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Posts: 10,997
Warrior River Country
49er Offline
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I fixed it:

Quote:
Section 9-11-244

Taking, etc., of protected birds or animals by means of bait.

[s]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.)[/s]


Quote:
Section 9-11-245

Unlawful methods of hunting birds or animals protected by law or regulation.

No person shall at any time make use of any pitfall, deadfall, baited field, cage, trap, net, pen, baited hook, snare, poison, explosive, or chemical for the purpose of injuring, capturing, or killing birds or animals protected by law or regulation of this state. This section shall not prevent the trapping of animals classified as fur-bearing animals by a duly licensed fur catcher. It shall be legal to use a scaffold for gun hunting of all legal game species except wild turkey and to use a scaffold for bow hunting of all legal game species.

(Acts 1951, No. 1001, p. 1672, 2; Acts 1975, No. 195, p. 681, 1; Acts 1995, No. 95-563, p. 1174, 1.)



Quote:
220-2-.06 Game Animals Designated
The following animals are hereby designated as game animals: Bear, Beaver, Coyote, Deer, Opossum, Rabbit, Raccoon, Squirrel, Nutria, Fox,Mountain Lion (Cougar), Groundhog, Bobcat, Red Wolf, Feral Swine (Wild Hog), except those feral swine reduced to the personal possession of a landowner or his agent, provided, however, that notwithstanding such reduction to personal possession, in the event such feral swine are hunted, they shall at such time of hunting be designated as game animals.
______________________________________________________________
220-2-.86 Feral Swine Regulation
All feral swine (wild hogs) found in the wild are hereby classed as game animals. The seasons and methods for taking feral swine will be as provided in Rule 220-2-.01. Once reduced to personal possession of the landowner or agent, feral swine will no longer be considered a game animal. However, feral swine will be considered a game animal at any time they are hunted. Notwithstanding any other regulation to the contrary, it shall be unlawful to transport feral swine alive beyond the boundaries of the property from which they are taken without a permit from the local conservation officer, or to release feral swine into any area of the state, except ...



Re: Confused about baiting rule now [Re: truedouble] #562888
03/26/13 09:05 AM
03/26/13 09:05 AM
Joined: Jul 2011
Posts: 34,844
Boxes Cove
2Dogs Offline
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Boxes Cove
Originally Posted By: truedouble
Originally Posted By: Hogwild
Also, in talking to a couple of locals at our Courthouse......MANY cases have been being thrown out once they make it to the Courthouse.

Total waste of time for the GW AND the person thicketed if the Law is so vague that the case gets thrown out if contested.

Like I said earlier in the thread.....either make it legal or illegal and be done with the whole Area thing. It is impossible to satisfy people with the definition of Area, and it only leads to confusion for the wardens.


agree with you here...but you have to admit the 100 yds was purposely used to help Moultrie and the Ainsworth clan and the other's that would like to see feeders legal to hunt over. that's all I'm saying

I agree and concur...with both of you.



"Why do you ask"?

Always vote the slowest path to socialism.







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