Ala. Admin. Code r. 220-2-.109
Current through Register Vol. 43, No. 1, October 31, 2024
Section 220-2-.109 - Physically Disabled Hunting Areas(1) It shall be unlawful on any area designated by the Department of Conservation and Natural Resources as a "Physically Disabled Hunting Area": (a) To violate any terms or conditions of his certificate of qualification, permit, or other authorization, for participation in any such hunts, including, but not limited to, the times, dates, locations, manners and means for hunting.(b) To hunt, trap, use dogs, possess firearms, traps, or bow and arrow, without a valid permit. A permit is valid only during scheduled area seasons during legal hunting hours and only with the required hunting license(s) and stamps and only with weapons and ammunition permitted for hunting the wildlife listed on permit.(c) To have in possession any fully automatic rifle or any firearms, ammunition or bow and arrow (including crossbows) except as allowed by law for the species hunted.(d) For any person to hunt without having his/her required hunting licenses and authorization and checking in at the checking station, except Big Oak.(e) For any person to carry firearms in or on vehicle with ammunition in the magazine, breech or clip attached to firearms, cocked crossbow, or black powder weapons with primer, cap or flash powder in place.(f) Nothing in this regulation shall prohibit the possession of handguns by lawfully authorized persons for their personal protection, provided the handguns are not used to hunt or take or to attempt to take wildlife except as otherwise provided by this regulation.(g) To camp in the area, except Big Oak where the designated campground must be used.(h) To kill or willfully molest any species of wildlife except those designated for hunting. However, bobcat, or fox may be killed during all scheduled area hunts that occur during the dates of the gun deer and turkey seasons, and coyote or feral swine may be killed during all scheduled area hunts.(i) To discharge fireworks at any time.(j) To discharge firearms for target practice.(k) To use fire to smoke out game.(l) For any person to possess any firearm while hunting with bow and arrow.(m) To transport deer killed from the area before recording pertinent data at the designated checking station, except Big Oak.(n) For any person except those authorized to operate any motor driven vehicle behind, under or around any locked gate, barricaded road or sign which prohibits vehicular traffic.(o) For any person to hunt deer or assist in said hunting, on days of scheduled hunts without wearing a vest containing a minimum of 144 square inches of hunter orange color or either a full size hunter orange hat or cap. The hunter orange must be of solid color, except for a small logo and/or printing on the front of the cap, and visible from any angle.(p) For any person except authorized personnel to block or otherwise stop traffic on any road by parking a vehicle in such a way that passage around the vehicle is impossible.(q) To damage or remove any trees, crops, or other plants, dirt, gravel or sod without legal authorization.(r) To hunt from an elevated platform, except at Big Oak (where it is unlawful to hunt from an elevated stand or platform without attaching themselves to the tree or platform with a full body harness capable of supporting their weight).(s) To hunt without first making a reservation for the particular hunt, except at Big Oak.(t) To hunt more often at any area than is authorized. Failure to cancel a reservation at least 48 hours prior to the hunt date will be considered the same as if the individual hunted in determining when that person could reserve another hunt date, except at Big Oak.(u) To hunt outside the area designated to the hunter for each hunt. At the time of check-in the hunter will receive, on a first come basis, a shooting house on a segment of the hunting area that will be his/her exclusive area for the day, except at Big Oak. Hunter must hunt from the shooting house, except at Big Oak.(v) To check-in to any Physically Disabled Hunting Area prior to 5 am on the scheduled hunt days.(w) To change stand locations after signing in for that stand. Once signed in for a stand, the hunter shall not change stands for the duration of that hunt.(x) For any person to be on any Physically Disabled Hunting Area unless registered to hunt on that day.(2) Individuals must follow the listed rules to participate in the scheduled deer hunts for the physically disabled.(a) Each participant must submit, on a Department form, an application to participate in such hunts. The application will include a doctor's statement certifying the physical disability. The Department will review the application and notify each participant if they are approved for such hunts.(b) Each participant must provide any assistants that are required. Only the physically disabled individual will be eligible to hunt.(c) All license requirements and other rules, laws, and regulations, are in effect.(d) Physical disability is defined as an individual that is permanently physically disabled by one or more of the following:1. Has permanent physical disability, is unable to ambulate and requires a wheelchair, walker, one long leg brace or two short leg braces, external prosthesis below knee or above, two canes or two crutches for mobility.2. Has at least 80% permanent impairment of one hand or arm as determined by a physician using the standards outlined in the "Guide to Evaluation of Permanent Impairment Rating," published by the American Medical Association.3. Has a permanent physical disability for which they are considered "totally" disabled under guidelines established by the Veterans' Administration and/or the U.S. Social Security Administration.(3) If convicted of violating any part of this regulation or any other regulation relating to Game, Fish, and Fur-Bearing Animals, the individual's Physically Disabled Permit may be revoked up to and including permanently.(4) Cherokee Physically Disabled Hunting Area is available for muzzleloader season.(5) The following Physically Disabled Hunting Areas are suitable for turkey hunting: (g) Turnipsee-Ikenberry, andAla. Admin. Code r. 220-2-.109
New Rule: Filed January 12, 1995; effective February 16, 1995. Amended: Filed February 2, 2005; effective March 9, 2005. Amended: Filed September 9, 2009; effective October 14, 2009. Amended: Filed August 26, 2011; effective September 30, 2011. Amended: Filed August 20, 2012; effective September 24, 2012.Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 11, August 30, 2019, eff. 10/3/2019.Author: Christopher M. Blankenship
Statutory Authority:Code of Ala. 1975, §§ 9-2-7, 9-2-8, 9-2-12.