troy and Matt,

I answered his question truthfully with my first post in this thread:
Quote:
In Alabama, the affected "area" remains undefined even though it is several years after a previous DCNR commissioner, a WFF director, and a DCNR enforcement section chief promised a judge that they would come up with a defintion of "area".

If the game warden sees your feeder, he may very well rely on his own discretion and declare your whole little farm as being within the affected "area". You weren't planning to hunt there were you?

If so, you need to ask for a depredation baiting permit so the game warden will turn his head while you hunt over bait but charge your neighbor with violating the law for "hunting over bait without the DCNR's permission" [btw: I can't cite that law because there ain't one]. He may very well require you to leave the deer to rot in your fields as a condition of using the permit though.

Any questions?


Here's what I based my answer on:


Supreme Court of Alabama
March 10, 2000
Phillips v State
Quote:
...Because we conclude that a conviction under 9-11-244 requires a showing that the defendant either knew or should have known that the area over which he was hunting was baited, the trial court erred in instructing the jury that Phillips could be found guilty even without proof that he baited the field or knew that the field was baited. Therefore, we remand this case for further proceedings consistent with this opinion.