From the rule book: It is illegal to : Take a deer, whether dead or alive, from the waters of this State.
I would understand not shooting one while swimming, but surely it doesnt mean you cant recover a shot deer that died in the water.

Can you explain the ruling on this one Fred? I have thought that was true also.

The rule states You may not Hunt resident birds or animals on any floodwaters or backwaters, or islands less than 40 acres created by such.

I always thought this would include any island but the wording seems to be where it may not. I understand the floodwaters part meaning that if there is a flood that has created an island less than 40 acres then you couldn't hunt them. I'm not so sure about the backwaters though. I've always considered backwaters to be waters in swamps or sloughs that were just shallower waters. That would make the islands in such an area to be permanent. Would islands like that apply, and if so how would you differentiate islands in backwaters from just islands in general?

"created by floodwaters" is the key.

Yep

When I was in the wheeler visitor center talking to their people about certain hunting spots they didn't define it that way. I asked them about a certain area and they said all those islands were under 40 acres and couldn't be hunted.

Doesn't surprise me about WWR, to be honest. I think they'd eliminate hunting altogether if they could.

Best thing to do is call DCNR at (334) 242-3465, ask for the Law Enforcement Section and then ask for clarification. Or call your local district office.

This is from the DCNR. Ital emphasis added is mine:

220-2-.11 (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.

you can hunt deer on a year round size 2 acre island, just not on a 40 and under island formed by flood waters. This ruling came about from folks using boats to kill deer and hogs in way south Al during high water floods along the river swamps.

It has absolutely nothing to do with any size island NOT formed by flood waters.

Now Mr. Troy you know we wouldn't do anything like that down here!

Which is why the WNWR folks in the visitor's center are/were wrong.

now Clem, they may have their own rules, but if they were trying to quote state regs then they are wrong.

True. They may have their own NWR regs/rules, like not hunting on Sunday.

WHICH IS $@#*$# IDIOTIC.

I cant find it in their hunting regulations where it specifically says anything about it. The only reason I thought that the law was the way I mentioned it was from them. I didn't even know about the law and so just figured they knew what the law was. I have not hunted several pieces of land the last 5 years since them telling me that. I will now have a few n ew spots I may try.