CAB February 7, 2009


23 At this time is there any old
0007
1 business that we need to take up at this time?
2 DR. MAY: I do --
3 CHAIRMAN HATLEY: Dr. May?
4 DR. MAY: I do have something
5 that I -- I consider old. It's been eight months
6 since I requested it. If you remember I was going
7 to make a motion on supplemental feeding to correct
8 the area in which feed could be so the judges and
9 all law enforcement people would know what area
10 meant.
11 And I believe the Department was
12 supposed to let me know something within two or
13 three weeks of their ruling and whether they
14 thought that motion was legal, and I haven't heard
15 from them.
16 But since they didn't notify me, I
17 put it upon myself to visit a few attorneys and get
18 their opinion and they assured me it was nothing
19 illegal about it. I even talked to one judge. He
20 said anything you can clear up in the regulation or
21 law that will help me make an honest ruling that's
22 what I want.
23 I'm in the process of making a couple
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1 of appointments with some other judges to get their
2 opinions. So I would like to know what all legal
3 requirements are.
4 CHAIRMAN HATLEY: Who would like
5 to respond to Dr. May? Gary? Allen?
6 MR. SELF: Mr. Chairman --
7 CHAIRMAN HATLEY: Yes.
8 MR. SELF: I don't understand the
9 question.
10 CHAIRMAN HATLEY: Dr. May, would
11 you clarify that for Mr. Self, please?
12 MR. SELF: What is the question?
13 DR. MAY: At the time I wanted to
14 make a motion at the last meeting. The
15 Department -- members of the Department decided my
16 motion may be illegal, so they wanted to discuss it
17 with the legal department to decide if it was or
18 was not, and they were going to let me know in two
19 or three weeks, and I haven't heard from them. Now
20 I'm asking if they do have it.
21 CHAIRMAN HATLEY: Dr. May, for
22 everyone's clarification, what was your motion, if
23 you don't mind repeating it, please?
0009
1 DR. MAY: The purpose of my
2 motion was to eliminate making the decision as to
3 what the area means for the honor and law
4 enforcement personnel. I asked the Advisory Board
5 to approve the motion to amend the current
6 supplementary feeding regulation, 220-2-11,
7 Paragraph 7.
8 The motion reads -- no hunter and/or
9 hunting stand, climbing, shooting house, ladder,
10 ground, and so forth is allowed within natural
11 sight -- "sight" meaning blocked by natural
12 vegetation from rain and so forth -- or within
13 one-eighth mile radius of any city official, and
14 the animal to be harvested must be at least
15 one-eighth mile away from any feed or feeder.
16 MR. ANDRESS: Dr. May?
17 DR. MAY: Yes, sir.
18 MR. ANDRESS: Yes. David Dean
19 and I did get together and work up a report on
20 that. I understood that you had it. But if you
21 don't, I have do have a copy of it here. If you
22 would like it, I will --
23 DR. MAY: I appreciate it.
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1 CHAIRMAN HATLEY: Allen, do do you
2 have a copy for everyone on the board?
3 MR. ANDRESS: I do not, sir.
MR. COLES: Ms. Nummy, could we
5 get -- do you have access to a copy machine?
6 CHAIRMAN HATLEY: Mr. Coles, if
7 you don't mind, address the Chair, please, sir.
8 MR. COLES: Mr. Hatley, do we
9 have a copy machine?
10 (Audience interference.)
11 CHAIRMAN HATLEY: (inaudible) we
12 do not have access to a copy machine at this time?
13 MS. NUMMY: I can come back in a
14 little while. Is that okay, or we could get it out
15 to you-all?
16 CHAIRMAN HATLEY: No. You can
17 just hand it out. It'll be fine. Thank you.
18 Dr. May, have you had an opportunity
19 to look at that?
20 DR. MAY: No, sir. I haven't.
21 I'm getting old.
22 Would you like me to?
23 CHAIRMAN HATLEY: Well, we'll
0011
1 proceed, and then we'll come back to you at
2 whatever point you would like to address this group
3 again. Okay?
4 DR. MAY: Thank you.

1 Dr. May?
2 DR. MAY: I'd like to get clear
3 on what -- if you-all agree if Allen, the legal
4 department, the way I read it they agree with me
5 that I what I have stated is legal?
6 MR. ANDRESS: The conclusion was
7 that it is legally feasible to define an area for
8 the purposes of that statute. Yes, sir.
9 DR. MAY: But you-all would
10 prefer that it be designated to for what species of
11 animals?
12 MR. ANDRESS: Due to the
13 differences in daily movement, food habits, hunting
14 practices, and those sorts of things, it would have
15 to be done species-specific. And I think my
16 comments were that I felt like deer, turkey, and
17 feral swine were similar enough in those things to
18 be considered together.
19 DR. MAY: They could be
20 complicated in --
21 MR. ANDRESS: Yes.
22 DR. MAY: In other words, I could
23 be prepared to bring a motion at the next meeting?
0155
1 MR. ANDRESS: It is legally
2 possible to define area, it was our conclusion.
3 Yes, sir.
4 DR. MAY: Okay. I appreciate
5 it.
6 One other thing I had, Mr. Hatley,
7 was we will probably -- either I or Mr. Johnson

8 will bring some type of motion on Choctaw County
9 that we heard from Mr. Smith today.
10 So if there's any more discussion on
11 it, or if there's any that anybody wants to discus
12 the area situation on the supplemental feeding,
13 I'll be glad to answer any questions.
14 CHAIRMAN HATLEY: Thank you,
15 Dr. May. So noted.
16 Mr. Jones, do you have something?
17 MR. JONES: I was going to ask
18 Dr. May in particular on the defining the area.
19 Dr. May, are you going to present at
20 the next meeting what your definition, or what your
21 recommended definition of area is for us to


22 consider for the vote in May, or would it be for --
23 DR. MAY: Yes. That's what I
0156
1 want. I want it on the agenda that we will discuss
2 it, and I will bring a motion to recognize what I
3 say is the area -- what Allen has agreed and the
4 Department has agreed.
5 MR. JONES: But we would actually
6 vote on that in May, is that what you are saying?
7 DR. MAY: March.
8 MR. JONES: Okay. Is there any
9 way that we can see the language prior to that
10 meeting is what I would like to --
11 DR. MAY: You can see it today.
12 MR. JONES: Okay. In order to
13 give public -- you know, they need to be able to
14 see that as well.
15 CHAIRMAN HATLEY: You got that
16 clear, Mr. Jones?