Been wondering the same thing since I have been here....

Matt,

I have presented my complaints as well as my proposals for improvements to all of those you named on multiple occasions. Your list falls short of the governor, the attorney general and even local enforcement authorities where the last illegal CAB meeting was held.

Some have led to changes, some have not. I don't make it a practice to toot my own horn when I feel like I've been instrumental in effecting needed changes.

This forum may or may not be useful in gaining public support for the positions I take. Often, it seems like a small group of members that are very vocal have succeeded in destroying any good I've tried to accomplish... only to discover later that others who are not vocal at all were paying attention and learning from the information I shared.

My purpose is not to offend anyone unless it's the truth that offends.

The truth in the matter of scientific collections of protected animals at night is that those who have given exceptions not already found within the law have no authority to add exceptions to the law. Only our legislature has that power as stated in the constitution of our state that you swore to support as an officer of the executive branch.

Constitution of Alabama 1901

Don't know if the obvious has already been stated but if what the WFF if doing is illegal do you think a article would have been written in a magazine easily available to the public?

Yes.

I don't remember I erased it as soon as I read it cause I figured if I did not erase it it would respond in an unkind manner. Sorry wish I could provide more info.

Eddie,

I know you mean well. And because of that I will remain civil. My permit covers hogs and coyotes. Hogs are not native to Alabama and are a tremendous burden to landowners. And I am sure you do not fault the landowners for wanting to rid their properties of the hogs. So, your problem is with me for getting the permit and with the DCNR for issuing it.

So, here goes, show me in the law where it specifically says that non native invasive species are protected under the law. And we will start from there.

Code of Alabama 1975
Section 9-2-7
Commissioner of Conservation and Natural Resources - Powers and duties as to game, fish and seafood generally.
… (b) The commissioner is empowered to do all of the following:
… (8) To designate by name what animals shall be classed as game or fur-bearing animals and the time, manner, means, and devices for taking same.



ALABAMA REGULATIONS 2012-2013
GAME, FISH, FURBEARERS,AND OTHER WILDLIFE
______________________________________________________________
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 they may be released onto the property from which they were originally taken.

So a feral hog is a game animal until it is killed. Then it is not. And for the record my permit for hogs doesn't read anything like the one you attached. But, I doubt that matters to you since Reg 220-2-.01 doesn't allow everyone to hunt them at night with weapons.

Now with that said, do you think landowners should have the right to protect their property from feral hogs?

Constitution of Alabama 1901
Article 1 Declaration of Rights.

That the great, general, and essential principles of liberty and free government may be recognized and established, we declare:

SECTION 35
Objective of government.

That 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.


AMENDMENT 597 RATIFIED

Sportsperson's Bill of Rights.
(a) All persons shall have the right to hunt and fish in this state in accordance with law and regulations.

(b) This amendment shall be known as the "Sportsperson's Bill of Rights."

But, does a landowner have the right to protect their land and their crops from feral hogs?

Yes, but within the limits set by law.

So, am I in violation of the law or the regs?

Only if you hunt in an unlawful manner.


Examples:

Section 9-11-235
Taking, etc., of protected birds or animals, raccoons or opossums at night; nighttime hunting of foxes with dogs.
It shall be unlawful, except as to trapping as otherwise provided by law, for a person to take, capture, or kill, or attempt to take, capture, or kill any bird or animal protected by the laws of this state between sunset and daylight of the following day, except that the Commissioner of Conservation and Natural Resources may by a duly promulgated regulation, allow the taking, catching, or killing of raccoons and opossums between sunset and daylight in any county or counties within the state. …

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 …


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.)

Okay I hunt hogs at night via my permit. Am I hunting in an unlawful manner?

Yes:

An administrative regulation must be consistent with the statute pursuant to which it was promulgated; it cannot usurp legislative power, and may neither subvert nor enlarge upon statutory policy. E.g., Ex parte Jones Mfg. Co., 589 So.2d 208 (Ala.1991);

Ex parte State Dep't of Human Res., 548 So.2d 176 (Ala.1988)(regulation must be consistent with the statute under which it is promulgated);

Ex parte City of Florence, 417 So.2d 191 (Ala.1982)
(administrative agency cannot usurp legislative powers or contravene statutes);

Alabama State Milk Control Bd. v. Graham, 250 Ala. 49, 33 So.2d 11 (1947) (regulation cannot subvert or enlarge upon statutory policy).



con•tra•vene: Violate the prohibition or order of (a law, treaty, or code of conduct).
Conflict with (a right, principle, etc.), esp. to its detriment.

sub•vert : To destroy completely; ruin

Does your permit require you to vow to abide by all laws and ordinances?

Barry i feel based on what is given you are commissioned by the landowner as an agent to take feral swine on his property and with that thought in mind, yes you are good to go. not unlawful but within the limits of the law of the land. better than using claymore mines,

No it does not.

Why do you need a permit?



How does this affect those permits?

Constitution of Alabama 1901






Why not just call a nuisance species a nuisance instead of game?

A valid question from day one regarding feral swine.