Aldeer.com Forums Alabama Deer Talk Serious Deer Talk Forum Definition of Area Rule

Here's the actual wording of the new rule as it now appears in the Administrative Code of Alabama:


220-2-.157 Definition Of Area Regulation. For the purposes of Section 9-11-244, Code of Ala. 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.
Author: N. Gunter Guy, Jr.
Statutory Authority: Code of Ala. 1975, §§9-2-7, 9-2-8, 9-2-12.
History: New Rule: Filed May 23, 2013; effective June 27, 2013.
PENALTY: As provided by law.


Link: Administrative Code of Alabama Chapter 220 *** click here ***



Notice that there is nothing about an "ongoing supplemental feeding program" in the language of the rule.






Note: Here's what 220-2-.11 says about baiting:

220-2-.11 Prohibited Methods And Devices For Hunting. 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: …

… (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.

Thanks for clarifying this.

the long hammered point???

Well, from a layman's look ... the 'new' rule appears to legalize hunting deer/hogs with the aid of feed since there is nothing about a feeding program, while the 220.2-.11/7 seems to contradict that.

Which is it?

The commissioner seems to think the new rule only applies to property with "a year-round supplemental-feeding program" and has probably instructed his green army to enforce it along those lines. That's the impression I get from his quotes in the various media articles I've read.

Just trying to help my fellow hunters stay out of a mess. No need to get your panties in a wad.



"Alabama conservation officials: Supplemental feeding 'area' definition does not legalize baiting"
Article *** click here ***

you call that a wad????

the Commissioner rarely gives any marching orders to the "green army". Heck I rarely ever heard of Chief give out any marching orders, usually up to the District Supervisors.

You never marched under Gunter Guy did you?

I marched under some asshat Commissioners in my time....

difference was the Chiefs and Directors I worked under a large part of the time didn't play those games. I do understand things are different now though.....

I had a pretty big run in with Charles Kelly early one, I was right, he was wrong, he won.

BUT, nobody above him or the Al government, or the public messed with HIS Officers if they were right. I arrested the Prison Commish and his wife on prison grounds one time, knew that was going to cause a stink. Mr Kelly called me at 9am Monday morning...this was after out lil fight. All he wanted to know was what happened and was I in the right. Never heard another word and the Commish and wife paid tickets in District Court.

I may be wrong but the way I read this "(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." Would be what youre doing hunting inside of the 100 yard Area of Regulation.

is not a lure, attraction or enticement to,< that is a stupid rule.The game warden can say you was hunting 125 yards from the feeder and u was using it as a lure than u will have to pay the fine,.Why can they not just say 100 yards and out of sight?All that other craps leaves the door open to get a ticket.Makes no sense

Ever heard the saying "be careful what you ask for"?

Whether bait is within 100 yards, or outside of 100 yards, in sight, or out of sight any reasonable person knows if they are hunting over bait or not.

The answer is really simple, learn how to hunt, enjoy the experience and leave the excuses at home.

The whole rebuttable presumption thing comes into play too. Seems to me a person could say I didnt know the feeder is there and thats the end of it unless the gw witnessed you filling the feeder or pouring the feed.

Whoa, whoa, whoa...hold the phone...it's illegal to molest an animal now??? Since when?

Depends on the animal, doesn't it?

Theyre not talking about stump broke goats.Calm down

I think the GW's will still have "priority one" as catching/ticketing hunting over bait. This "change" in regulations simply gives them more lee way to NOT prosecute those they wish to give a pass. In other words, it's still totally their discretion as to whether someone is legal or not in regards to hunting on property containing bait. Maybe I'm wrong. It won't really effect me, but I would like to see a level playing field one way or the other.

Sorry I'm not sorry but I must be in the minority when I read those regulations but I came away with what seems to apparently be two very complex points:

1) It is illegal to hunt any "area" that uses feed or bait until 10 days of it's existence.
2) An area is constrained to within 100 yards of your location while hunting and within your "line of sight" while hunting.

My conclusion based on regulation is that I can hunt deer as long as feed/bait is beyond 100 yards and out of my "line of sight" as defined in the regulations. It doesn't matter if I run a feeding operation or not.

Am I the only one that took it that way?

You're not the only one who will interpret the words of the rule like that.

The key to the confusion is the "rebuttable presumption" language. That means that the game warden can present evidence that you were using the bait to attract deer or hogs for hunting, even if it is more than 100 yards away, and you can be found in violation.

The commissioner's motive, according to those who have quoted him in news articles, was to exempt people who engage in ongoing supplemental feeding practices from the penalties of the baiting law.

The words of the rule do not reflect that exemption, but I'm sure the game wardens have been told not to enforce the law under certain circumstances described by the commissioner.


Bottom line:

If you can afford year round supplemental feeding, the commissioner will exempt you from the penalties of the law. If you can't, get ready to pay up if there is bait anywhere around where you hunt.

This law is so gray that its going to be up to the gw at the time on if you get a ticket or not. some people will get a ticket this year going by this law while others doing the same thing will not. you hunt like this new law says flip a coin and cause you got a 50/50 chance of a ticket the way i see it.