Originally Posted by ford150man
Oh Lord!! At the risk of sounding like 49er I have to bring up this point. First let me say I wear mine all the time whether in stand walking in or out, etc... But, how can the law make you wear one if you are walking out in the dark or at least past legal sunset? After sunset you are no longer hunting, or at least you shouldn't be. smile If you aren't hunting then they shouldn't be able to tell you you have to wear it. If they say you are still hunting then you would be guilty of hunting after legal sunset.


Judge Montiel quoted this opinion in discussing the orange rule:
Quote
"As a general rule, the legislature may delegate to its own appointed administrative agencies the authority to make such minor rules and regulations as are necessary or appropriate for administration or enforcement of its general statutes."

Evers v. Board of Medical Examiners, 516 So.2d 650, 655 (Ala. Civ. App. 1987) (emphasis added).


The DCNR has it backwards. They enforce their own rules while being complicit and allowing laws to be broken.

A primary duty of the DCNR is to administer and enforce the game and fish laws. The authority to make rules was authorized if it was necessary for the administration and enforcement of a law.

Which of the game and fish laws did the DCNR find it could not adminsister or enforce without having the hunter orange rule?