Ala. Admin. Code r. 220-2-.11

Current through Register Vol. 43, No. 02, November 27, 2024

Section 220-2-.11 - Prohibited Methods And Devices For Hunting

(1) 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:

(a) Any automobile, motorcar, aircraft, train, motorboat, sailboat or any type mechanically propelled device, or any other device being operated in conjunction with any of the above-mentioned devices of transportation. Provided, however, that nothing in this regulation shall prevent hunting from a floating craft (except a sinkbox), including those propelled by motor, sail and wind, or both, when the motor of such craft has been completely shut off and/or the sails furled, as the case may be, its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor, or it is being propelled by paddle, oars or pole, and provided further that nothing in this regulation shall prevent the taking of game birds and game animals from any stationary motor vehicle or stationary motor driven land conveyance provided any forward motion is ceased and engine is shut off. Nothing in this regulation allows the hunting, taking or killing or attempting to hunt, take or kill any bird of animal from any vehicle on a public road.

(b) Any electrically amplified turkey, dove or waterfowl calls or sound whether real or imitation. Nothing in this regulation shall prevent the use of electrically amplified crow calls. The possession of any electrical device and/or records capable of producing real or imitation turkey, dove or waterfowl calls of any type in the woods, field, or on the waters of this State shall be a violation of this regulation.

(c) Fire or smoke whether man-made or natural.

(d) Any live decoys, except when hunting unprotected birds or animals, provided that banded live pen raised quail may be used in a recovery pen as a call bird when such recovery pen is used to recover pen raised quail as provided for in Regulation 220-2-.16.

(e) It shall be unlawful for any person while engaged in hunting turkey in this State to use or have in his possession a decoy which has mechanical or electronic parts which makes the decoy capable of movement or producing sound or which can be manipulated to produce movement or sound. Mechanical parts include, but are limited to, decoys attached to weapons or handheld and manipulated to produce movement such as fanning or reaping. It is further provided, however, that no turkey decoys shall be lawful except during spring turkey season in the area of use.

(f) From floodwater. It shall be a violation of this regulation to hunt or attempt to hunt or take any species of resident bird or animal taking refuge in, swimming through, flying over, or resting in a tree, bush, or log standing or floating in any floodwaters or backwaters or taking refuge on any island less than forty acres in size created by any such flood or backwaters. Provided, however, that nothing in this regulation shall prevent the taking of migratory waterfowl from such areas.

(g) 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, except those in possession of a current bait privilege license hunting white-tailed deer or feral swine on privately owned or leased lands.

(h) Gasoline or any noxious chemical or gaseous substance to drive wildlife from their burrows, dens, or retreats.

(i) It shall be unlawful to possess fully automatic firearms while hunting any species of wildlife.

(2) It shall be unlawful for any person to hunt with a bow or gun that has a light source attached that is capable of casting a beam of light (including a laser sight) forward of said bow or gun or to possess such a light source adapted for attachment to said bow or gun while hunting except for laser type range finders with computational capabilities; or as provided by Rule 220-2-.02(1)(c) for conditional use of laser sighting devices by legally blind hunters; or when the person possesses a current nighttime feral swine and coyote license and is hunting those species during the date of the established special nighttime feral swine and coyote hunting season.

(a) It shall be unlawful to possess any equipment that uses electronics to increase the ability to see in the dark (night vision/thermal equipment) while hunting any species of wildlife, both protected or unprotected species except for persons possessing a current nighttime feral swine and coyote license, hunting those species during dates of the established special nighttime feral swine and coyote hunting season."

Ala. Admin. Code r. 220-2-.11

Filed September 30, 1982. Amended: September 12, 1983; January 22, 1986; August 18, 1988; December 3, 1988; November 16, 1989; September 27, 1990; November 13, 1991. Amended: Filed August 28, 2001; effective October 2, 2001. Amended: Filed August 10, 2004; effective September 14, 2004. Amended: Filed February 5, 2010; effective March 12, 2010. Amended: Filed October 12, 2011; effective November 16, 2010. Amended: Filed August 15, 2012; effective September 19, 2012.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 09, June 30, 2015, eff. 7/15/2015.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 10, July 31, 2020, eff. 9/14/2020.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 10, July 30, 2021, eff. 9/13/2021.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 02, November 30, 2023, eff. 1/14/2024.

Author: Christopher M. Blankenship

Statutory Authority:Code of Ala. 1975, §§ 9-2-7, 9-2-8, 9-2-12, Code of Alabama 1975.

Penalty: As provided by Law.