Alabama Canned Hunt Statutes and Regulations

Partial Ban: Native animals are permitted with reasonable opportunity to evade. Feral swine are permitted.

Statute

Alabama statutes authorize the Commissioner of Conservation and Natural Resources, with federal consent, to develop and maintain for hunting state shooting preserves and game refuges in national forest or other federal owned lands (§9-11-4).

The term "protected game animals" means any species designated by the Commissioner, species of the family Cervidae (whitetail deer, elk and fallow deer) documented to exist in the wild prior to May 1, 2006, or "species of nonindigenous animals lawfully brought into this state prior to May 1, 2006, and their offspring." The Commissioner may issue an annual game breeder's license to engage in raising protected "game animals, or fur-bearing animals, for propagating purposes." The fee shall be $250 for all species except of the family Cervidae, where the fee shall be $250 for the first 50 animals, $500 for 51-100 animals, and $1000 for any number over 100 (§9-11-30).

Any game breeder may then sell live protected game animals to any purchaser as long as it is reported before the sale or shipment. Any person in lawful possession of nonindigenous game animals prior to May 1, 2006 may apply for an option to their license for an additional fee of $50. The animals may then be sold only to other holders of the option license, or out-of-state buyers. (§9-11-31).

It is unlawful to "make use of any pitfall, deadfall, baited field, cage, trap, net, (or) pen" for the purpose of injuring, capturing, or killing animals protected by law or regulation" (§9-11-245).

The term game animal means "any game or fur-bearing animal that exists historically and naturally in the wild, or any game animal of the species of the family Cervidae" existing in the wild as a result of natural expansion prior to May 1, 2006. The term nonindigenous animal means a species, other than birds, that does not exist historically and naturally in the wild, or as a result of natural expansion. The term tame game animal means one that has been "held captive as a zoological attraction or exhibit, or any animal, at the time of hunting, not exhibiting the flight characteristics or wariness for the species" (§9-11-500).

It is illegal to hunt native animals if the animal does not have a reasonable opportunity to evade (if the animal is tied, staked, hobbled or caged), released from confinement less than 10 days, or taken by aid of any remote controlled or computer aided device (§9-11-501).

It is illegal to hunt tame animals, and a promise, guarantee or contract for such a kill is considered evidence of a violation (§9-11-502).

It is illegal to hunt nonindigenous animals. This does not apply to feral swine, any species deemed a nuisance, nor any species lawfully brought into this state prior to May 1, 2006, and their offspring as long as the Commissioner is notified in writing (§9-11-503).

According to an official, these operations have been grandfathered in, and very few of them actually exist.

Regulation

According to the Alabama Commissioner of Conservation and Natural Resources, the following are designated as game animals: Bear, Beaver, Coyote, Deer, Opossum, Rabbit, Raccoon, Squirrel, Nutria, Fox, Mountain Lion (Cougar), Groundhog, Bobcat, Red Wolf, Feral Swine (except those reduced to personal possession) (220-2-.06).

It is unlawful to hunt in 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" (220-2-.11).

No one shall possess, sell or import the following live animals: family Cervidae, coyote, fox, raccoon, skunk, wild rodent, black bear, mountain lion, bobcat, Pronghorn Antelope, nondomestic members of the families Suidae (pigs), Tayassuidae (peccaries), or Bovidae (except Bison) or transport these animals unless properly licensed (220-2-.26).

Licensed game breeders must submit an accurate inventory of stock and changes to stock, and allow inspection at all reasonable times. Licensed nonindigenous game breeders who are not engaged in breeding or handling may submit a good faith estimate of stock and changes to stock. By April 1, 2008 (and by April of each year after), before any sale or transfer, all Cervidae stock shall be identified by a nontransferable implant. Location of each facility by physical address, any changes in size or location, any escapes or deaths of animals must be identified to the Division (220-2-.138).

According to an official, the Department of Conservation and Natural Resources does have authority to regulate canned hunting facilities and shooting preserves where mammals are involved. There are no size definitions, but the animal must show wild characteristics (e.g. flee at the sight of man), and some expectation of escape (e.g. pine trees, thickets).

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