HERE IS THE CORN RULE. CUT AND DRY

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.
__________________________________________________________

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.

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.)

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.

SO YEA ITS VERY DAMN CUT AND DRY..

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.

Well do what you been doin until you get caught. Folks gonna bait.

It's just a fine. Ain't like you goin to prison for it.

49er is that you?

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

What is the fine?

Did NOT pass. You are making things more muddled up than they were before!

It also states no mechanical use of crow calls,which people do,nothing is done about that.coyote electronic calls ,which are used,dove mechanical decoy,s are used which dove is hunted as by many or more people than deer. But back to bait I agree with you.people is gonna bait with the 100 yard rule stated. It dont make any sense for the fish and game to say you can bait in writeing,then turn around and ticket you for doing it.it,s kinda like a boobie trap,because 100 yards you are gonna have to walk closer to bait site either to get to a stand,or check your cameras.now this is really what it comes down to which county you live in and which gw that checks you.for intance some counties will through the book at you when others look the other way.ok say your leaseing 400acres that joins a 6000 acre hunting club run by lawyers police and even judges .there not gonna bother the 6000 acre club but if the 400 acres starts killing good deer there gonna get checked all the time.its mostly all in politics.

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.

This whole law is nothing less than a money trap. Its design is to leave the hunter unsure if he can place feeders or not and also gives way too much discretion to the GW. Thats my opinion.

49er was dead on. He just lacked any tact in delivering his position. He needs to read, "how to wins friends and influence people"

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.

Don't try to make sense out of it. Remove logic from the equation and just accept the situation for what it is...ILLOGICAL.

I guess if you supplement feed during deer season you need to bring a damn lawyer hunting with you to sort through all the should haves and could haves or maybes.

Serious question. Since the law did not change, by what authority did your department change or ignore the existing law? I'm sure there are lots of things they were going to put in various laws, but since they were omitted, they are not binding. Hunting over salt is still illegal according to the law, but your department has basically published that it will not enforce the law as it is written??? Shouldn't your department just enforce the laws that are written and let the legislature change it if they want to or if they made a mistake???

Guys I'm just trying to answer your questions and I believe I have answered your questions as best as I can. I will not continue to waste my time explaining the same things again and again and again. If you need further clarification I suggest you contact your local DCNR office.

And if you really want to scratch your head look up 13A-12-1.

See ya Sunday fellas...













Disclaimer: this is a joke, but the statute is real...

How bush hoggin' perfectly good standing corn is NOT bait has never been explained far as I know,by anyone, so ya won't be doing it again. Ah , come on.

For dove this is legal. For deer state law prohibits bush hogging corn or other standing grain.

Well you are correct, law prohibits it, however it's allowed.

So you've never heard a DCNR official, biologist or GW say it was OK to do for deer just the fellow that did the bush hoggin' can't hunt it? I have.

Two pages worth of commentary on this. It must not be too cut and dry!!!

I bet 49er is chomping at the bit wanting to get in on this, I wonder how many times he's yelled at his puter screen by now.

It's amazing how much time and effort people put into trying to figure out how to bait for deer so they can look legal, SMDH.

I know! It's ridiculous!! You DON'T EVEN NEED TO

The regulations are perfectly clear. It's written to allow people who supplemental feed year around to hunt away from established feed sites. Only confusion is caused by hunters who want to use bait to kill deer. The law very clearly states that you can not hunt with the aid of bait.

Nope. The law does not address manipulating a standing crop to hunt deer over.

Lazarus

You must be bored beyond belief. This thread was 4 years ago.

To much to read