Keep in mind that the
Hunter's Digest that you were given does not contain the rules you are charged you with breaking. It is a poor substitute for the pamphlet required by law that the DCNR does not abide by.
My recent request to Commissioner Guy for the law pamphlet mentioned in the
Regulation Book as being published separately has gone unanswered. You have been deprived of a pamphlet that is required by law when the commissioner makes rules. The purpose of that pamphlet is to combine all rules and laws together in order to avoid the confusion that you encountered.
Bear in mind also that the rule you are charged with breaking was approved by the CAB in it's third regular meeting that year. The law states there shall be
semiannual regular meetings of the CAB.
If you have to follow a rule to the letter, make sure that rule was passed following the letter of the law. 220-2-146 wasn't.
I wish you the best. Fighting these nit-picking tickets is a necessary evil hunters face these days unfortunately.
Eddie
This e-mail was sent 3/7/11. I have not recieved a reply.
N. Gunter Guy, Jr.
Commissioner of Conservation
Dear Mr. Guy,
The Alabama Regulations 2010-2011 Game, Fish, and Fur Bearing Animals states that the
pamphlet required by the Code of Alabama 1975, Section 9-2-8 is being published in separate
pamphlets. I have been unsuccessful in my requests at the Department of Conservation to obtain
the pamphlet that contains the laws relating to game and fish.
I have asked for the pamphlet at Division III headquarters and at the main office in Montgomery.
Could you please furnish me with a copy of the pamphlet containing the laws relating to game
and fish that is required by Code of Alabama 1975, Section 9-2-8 and referred to in the regulation
book.
I have also been unsuccessful in finding the rules that apply to dog deer hunting permits in either
the Code of Alabama or the Alabama Regulations 2010-2011 Game, Fish, and Fur Bearing Animals
pamphlet. The permits are referred to as “special permits” in the hunting schedules. Please send me
a copy of all the rules that apply to those “special permits” for dog deer hunting.
Sincerely,
Eddie H. Maxwell
