The biggest problem in all of this is the wording of the hunting definition. Under that definition you could charge a number of people who were not hunting.

A jogger jogging down the road jumps a deer. Are they hunting since the are worrying wildlife?

A photographer is looking for deer to take photographs is he hunting?

A deer standing on the side of the road., you slow your vehicle both for safety and to look. Are you hunting from a public road?

This list goes on and on.

You can use this hunting definition to charge almost anyone at anytime in a mass of areas where hunting is not allowed. This was never the intent of 9-11-257.

I was for a fact walking back to my truck after scouting for a place to hunt. Chris knew that this was my first time on the WMA. I introduced myself and talked to him for a short time when I checked in. He reccomended I look down by the river if I liked oaks. Brandau road where I was parked is a paved road that goes all the way to the river. I parked walked in on a dirt road that runs beside the track the wanders around through a lot of scrub brush and dead ends at the railroad. Under the definition of hunting as published by DCNR. I was illegal when I parked by Brandau road and got out of my truck. Illegal when I walked the road along the river since it was within 50 yards of the boundry and guilty when I was on the railroad track. By the LEO's definition I was pretty much guilty most of the time I was out of my truck on Perdido River WMA. Call the LEO's at Barbour County WMA. Bill Gray has known me for 20+ yrears I have never had a problem with them even thinking I was an unethical hunter. My experiences on Barbour go all the way back to the 70's. Troy you probably knew Billy Sharp. Furthermore I in no way want to reflect badly on the LEO's at Perdido River, but in my opininion this was not a just citation, both the AG opinion and other case precedence shows this. The DA knows this is a very difficult case for him to win in front of a jury, on May 9th we are suppose to try the case. I will keep you posted.

Regardless the outcome, you will never catch me on a railroad again or on Perdido River WMA.