Latest news with #AlabamaDepartmentofConservationandNaturalResources
Yahoo
21-05-2025
- Yahoo
3 Alabama land owners file lawsuit challenging ‘warrantless' searches by game wardens
LAUDERDALE COUNTY, Ala. (WHNT) — Three landowners in Lauderdale County have filed a lawsuit against five employees of the Alabama Department of Conservation and Natural Resources on claims of warrantless searches of land. Lauderdale County court records show that on May 20, Dalton Boley, Regina Williams and Dale Liles filed a lawsuit against five people listed as employed by the Alabama Department of Conservation and Natural Resources, saying their private properties were searched without a warrant or consent. The five defendants are listed as: Chris Blankenship, Commissioner of DCNR Charles Sykes, Director of Wildlife and Freshwater Fisheries within DCNR Chad Howell, game warden within the Wildlife and Freshwater Fisheries division of DCNR Jarrod Poole, game warden within the Wildlife and Freshwater Fisheries division of DCNR Unknown officer, game warden within the Wildlife and Freshwater Fisheries division of DCNR The three teamed up with the Institute for Justice, a nonprofit, public interest law firm, to file the lawsuit in Lauderdale County. The document says the case seeks to 'vindicate' the three defendants to be free from unreasonable searches of their land. 'Alabama Department of Conservation and Natural Resources (DCNR) officers, relying on a statute, see Ala. Code § 9-2-65(a)(6), have repeatedly entered Plaintiffs' land without consent or a warrant,' the lawsuit says. According to the lawsuit, Williams owns roughly 10 acres of land immediately behind her house, which she has lived on her entire life, and she has granted Boley, her next-door neighbor, a license in 2021 to use it for recreational and family purposes. It says the surrounding properties are fenced and all entrances to Williams' land have 'no tresspassing' signs. However, the document says on multiple occasions, DCNR officers went onto Williams' land without her consent or a warrant and looked around for 'potential wildlife violations.' During one of the unwarranted searches, the lawsuit says a DCNR officer tampered with a camera that Boley put on a tree by turning it around to avoid videoing the officer. Liles has owned roughly 86 acres of rural land in Muscle Shoals since 2014, according to the lawsuit. It says he primarily uses it to hunt with his grandchildren and the document says it is 'clearly not open to the public: There are only two entrances—one by the main road, and the other blocked by a locked gate accessible only through a neighbor's private property—and both entrances are marked with 'no trespassing' signs.' The lawsuit says the defendants believe their intrusions are justified under Ala. Code § 9-2-65(a)(6), which provides that '[g]ame and fish wardens shall have power . . . [t]o enter upon any land or water in the performance of their duty.' However, the lawsuit says Article 1, Section 5 of the Alabama Constitution forbids ''unreasonable… searches' (warrantless and similar discretionary searches) of 'possessions' (including private land).' The lawsuit says Blankenship, as Commissioner, 'may exercise [a]ll functions and duties of the Department of Conservation and Natural Resources' personally or through DCNR's divisions or employees. Id. § 9-2-6. He has, through DCNR officers, executed DCNR's policy of conducting warrantless entries and searches of Plaintiffs' (and others') private lands.' Sykes' role, as Director of Wildlife and Freshwater Fisheries, 'serves directly under Defendant Blankenship and he supervises DCNR's game wardens. Id. § 9-2-65(b). Through those game wardens, Sykes has executed DCNR's policy of conducting warrantless entries onto and searches of Plaintiffs' (and others') private land,' the lawsuit says. As a game warden, the document says Howell, Poole and the unknown officer are charged with ''enforc[ing] all laws of this state relating to birds, animals and fish.' Ala. Code § 9-2-65(a)(1). He may 'enter upon any land or water in the performance of [his] duty.' Id. § 9-2-65(a)(6).' Below are points listed about the landowners' use and ownership of their land in the lawsuit: Her land is composed of three contiguous parcels, all located within a residential subdivision in Killen. Williams' family bought the land in 1959, she is currently the sole owner, and she has lived there her entire life. There is no way to enter Regina's land that does not involve crossing a fence or a 'no trespassing' sign. There are only two ways to enter Regina's land that do not involve crossing a neighbor's fenced property or largely impassable woods: (1) the main entrance, which consists of a private gravel path that meets a public road, and (2) a small, wooded creek that meets a public road. Williams does not hunt on her land, nor has she ever hunted there. She has never received any citation for violating wildlife laws. In December 2021, Williams granted Boley a license to use her land for family and recreational purposes—including, but not limited to, walking, biking, camping, hunting, playing, meditating, and enjoying privacy—in exchange for Boley maintaining a walking and biking trail on the land, maintaining 'no trespassing' signs around the land, and excluding intruders. Consistent with his duties under the license, Dalton posted 'no trespassing' signs along Regina's property lines (in addition to signs that were already on the property) at all entrances where there is no fence, to ensure that nobody could come upon the property without seeing that it is a private place and that intruders are not welcome. Further, to monitor for intruders, Dalton put up five motion-sensor trail cameras that were active when the DCNR officer intrusions described below occurred. Boley has a valid hunting license. Boley has never received a citation for violating any wildlife law or regulation. Neither Boley's residential property nor the land he leases from Williams is open to the public. Below is a map listed in the lawsuit of Williams' land & Boley's property. Alabama-Open-Fields-Filed-Complaint-pg-12Download Liles is the current president of his local chapter of Ducks Unlimited, an organization dedicated to promoting responsible hunting and conservation. In 2014, Liles acquired about 86 acres of contiguous hunting land (some of it owned, some of it leased) near his home in Muscle Shoals. The land is almost entirely surrounded by private residential or commercial properties that nobody could mistake for public land—they have visible homes and development. Due to thick brush and wetlands surrounding Dale's land, there are only two ways to enter: (1) the main entrance, which consists of a private gravel path that meets a public road, and (2) a path through a neighbor's property. 'No Tresspassing' signs are visible on trees and wooden posts on the property line. There is 'no way' to enter Dale's property that does not involve (1) crossing private property through thick brush and wetlands, (2) driving onto a private path and passing 'no trespassing' signs, or (3) crossing private residential property with a locked gate, then passing 'no trespassing' signs. Below is a map of Liles' property, as listed in the lawsuit. Alabama-Open-Fields-Filed-Complaint-pg-15Download The lawsuit states that in Feb. 2024, Poole entered and searched Williams' property (where Boley holds a license) without a warrant or without consent. During this listed offense, Poole reportedly tampered with Boley's trail camera so nothing could be seen. Again in Nov. 2024, the lawsuit says Williams was awoken by Poole and the unknown officer who 'demanded' to know who was using the land behind her house. When she said Boley uses it with her permission, the officers then went to Boley's door. When they arrived, the document says Boley accused Poole of tresspassing onto the land earlier that year and tampering with his camera. 'Neither Poole nor Unknown Officer denied Dalton's accusations,' the lawsuit says. Instead, the document says Poole and the unknown officer said they had been on the land 'several times before,' justifying their actions by referencing the 'open fields doctrine.' The officers then accused Boley of baiting a deer, according to the lawsuit. 'Poole's and the Unknown Officer's warrantless entries and searches have had further spillover effects: Dalton feels less secure in his own residential backyard and Regina feels less secure in her own home, knowing that armed government officials could be out roaming the land or spying on them at any time,' the document says. For Liles, the lawsuit says that in August 2018, Howell entered and searched Liles' property without consent or a warrant. On this day, the document says Liles was on the land at the time, but was never notified that anyone else was there. The reason Liles knew someone was there was because he spotted Howell's truck parked near the entrance. The lawsuit says that when Howell spotted Liles, he reportedly 'quickly drove away, speeding out of the property along the private gravel trail that meets the public road.' Following a warning not to return to the property by Liles, Howell returned to the property in Nov. 2024. Liles received a photo from a neighbor of Howell's vehicle parked on the property line. Following this incident, the lawsuit says Liles installed motion-activated cameras at the entrances to his land. 'In January 2025, Dale's camera recorded a video of a DCNR officer attempting to enter Dale's land, and, once he approached the camera, he turned around so not to be caught further on camera,' the document says. The landowners are seeking compensation in the amount of $1 from the game wardens to Boley, Williams and Liles for each trespass committed. You can read the full lawsuit below. Alabama-Open-Fields-Filed-ComplaintDownload 'The Alabama Constitution makes it clear that if the government wants to come searching on your property, they need a warrant based on probable cause, and game wardens are not exempt from the Constitution,' IJ Attorney Suranjan Sen said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
12-05-2025
- General
- Yahoo
Argentine tegus are rare, but they've been seen in Alabama. Have you spotted one?
A new slithering species has been spotted in Alabama, adding to the state's already rich reptile population. Though only spotted once so far, the Argentine tegu has entered Alabama. But what exactly is an Argentine tegu, and does it pose any threat? Here's what we know: The tegu is a large, invasive, commonly black and white lizard from Argentina. They can grow up to 4 feet long and weighing 10 pounds or more, according to Georgia Wildlife. Unlike some other lizards, the tegu rarely climbs more than a few feet off the ground, but they are strong swimmers. From late fall and through the winter months, tegus head into burrows for a hibernation-type period known as brumation to avoid freezing temperatures. They usually breed in the spring and typically lay 35 eggs per year which have a 60-day incubation. They may live up to 20 years. The University of Georgia runs an interactive map with detailed info about tegus in Alabama. Over the last few years, there has been one report coming out of Tallapoosa, Ala. from a private landowner. The tegu was reported in June 2022, accompanied by a photograph showing the lizard measuring over two feet in length and missing half of its tail. Although not considered aggressive toward people, tegus will defend themselves if threatened, according to Georgia Wildlife. They can react fast and lash with their tails. They also have sharp teeth and claws and strong jaws. Tegus also represent a natural threat because they have few predators and can multiple quickly. They eat the eggs of ground-nesting birds—including quail and turkeys—and other reptiles like the American alligator and gopher tortoise which are protected species. They will also eat chicken eggs, fruit, vegetables, plants, pet food, carrion and small live animals. As of October 15, 2020, all species of tegu are prohibited by law in the state of Alabama due to "ecological, economic, and human health and safety concerns related to potential impacts of nonnative animals in Alabama." This ban makes it illegal to possess, sell, import or release tegus within the state. If you spot a tegu in Alabama, contact the Alabama Department of Conservation and Natural Resources by calling (334) 242-3469. Suspected illegal possession can be reported through Operation GameWatch at 1-800-272-4263. Contributing: Miguel Legoas of the Deep South Connect Team Georgia contributed to this article. Jennifer Lindahl is a Breaking and Trending Reporter for the Deep South Connect Team for Gannett/USA Today. Connect with her on X @jenn_lindahl and email at jlindahl@ This article originally appeared on Montgomery Advertiser: Argentine tegu is rare to alabama but they have been reported
Yahoo
09-04-2025
- Politics
- Yahoo
This Bill Would Give Deer Breeders a Free Pass to Ignore Alabama's CWD Laws
A handful of Alabama lawmakers are pushing a bill that could totally upend whitetail deer management there. Introduced in the state House Thursday, the proposed legislation would make all of the state's high-fence deer private property, and it would make deer breeders immune to the CWD regulations that have been imposed in Alabama, as in other states, to protect wild deer herds. State wildlife officials are not mincing words about the bill, which they view as a direct threat to Alabama's wildlife and hunting traditions. The National Deer Association is also speaking out against it. If passed, HB509 would revise the laws that allow Alabamians to raise and propagate designated game birds, game animals, and fur-bearers. Under current law, licensed individuals can breed not only whitetails, but also elk, fallow deer, and any other nonnative species that was brought into Alabama prior to 2006. Although they're defined as livestock under the legal code, pen-raised whitetail deer are still considered a public resource in the state. But HB509 would make all of those captive critters the personal property of the breeders themselves. It would also prohibit state agencies from euthanizing, testing, or prohibiting the transfer of 'certain cervids' (notably whitetails) due to disease 'except under certain circumstances.' Read Next: Texas Officials Kill Off Deer Breeder's Entire Herd, Ending Yearslong Legal War Over CWD Management According to the current language of the bill, those circumstances would only apply if the specific disease had already been detected in another one of the breeder's deer, or in a deer that was transferred from another breeder. It's unclear how those detections could occur, however, if breeders aren't required to test their animals and if the state isn't allowed to. The Alabama Department of Conservation and Natural Resources said it is 'strongly opposed' to these proposed changes in a statement shared Monday. 'This bill should be disturbing to all ethical sportsmen, hunters, and citizens in Alabama,' Chris Blankenship, the Commissioner of the ADCNR, said in the written statement. 'Alabamians have a constitutional right to hunt and fish in this state. HB 509 would jeopardize that right.' Blankenship said the proposed law would also 'drastically increase the risk of the spread of CWD or other diseases to all parts of Alabama.' The commissioner had a few other choice adjectives to describe the bill — among them: 'reckless, disturbing, and unfathomable.' Hunters must currently obey CWD carcass movement and transportation restrictions on deer carcasses in the state. While not quite as brazen as another recent bill, introduced in Texas, that would have abolished the Texas Parks and Wildlife Department for the benefit of deer breeders, the proposed legislation in Alabama is still staggering in terms of what it would mean for wildlife and hunters. The notion that deer and other wild game are resources to be conserved and held in the public trust for all state citizens is sacrosanct under the North American Model of Wildlife Management. Turning the pen-raised ones into privately owned pets is not only a depressing idea but a dangerous one. As Blankenship points out, it would allow deer farmers to bypass state hunting regulations and put their animals in small pens or fences, where 'they could be shot by individuals for a large fee paid to the breeder.' What's even scarier, though, at least for wild deer, is that the legislation would severely limit the ADCNR's ability to inspect and test for CWD and other diseases at high-fence breeding operations. By tying the state's hands this way, the bill's proponents seem to be purposefully ignoring the evidence at hand; several breeders have been linked to CWD outbreaks in other deer-farming states, and experts say the transfer of infected deer from captive herds remains a very real risk. Read Next: In the War Against CWD, Deer Breeders in Texas Are Being Cast as Both the Enemy and the Answer By preventing the ADCNR 'or any other agency of the state' from testing, euthanizing, or even restricting the transfer of farmed deer, HB 509 not only encourages deer breeders to go about their business without considering the implications of CWD. It shields them from the pesky regulations that could otherwise impact their profitability. Alabama's CWD regs increased in scope in 2022, when wildlife officials confirmed the state's first CWD case and implemented its strategic surveillance and response plan. This plan is similar to the ones that are underway in other CWD-positive states. It establishes high-risk CWD zones and buffer zones, and it requires hunters to submit any deer killed in those zones for postmortem testing. The plan limits the movement of deer carcasses and parts, and it prohibits the transfer of any deer (alive or dead) in counties that fall within the zones. It also prohibits baiting and supplemental feeding in those zones. From Blankenship's perspective, giving licensed breeders carte blanche to transfer their pet deer wherever they like, without any sort of testing, is the 'most concerning' piece of all this, as it would allow for the 'reckless transfer of diseased deer' all across the state. 'This is totally unacceptable,' Blankenship said.
Yahoo
11-03-2025
- Entertainment
- Yahoo
2025 Outdoor Alabama Photo Contest winners announced
BIRMINGHAM, Ala. (WIAT) — The Alabama Department of Conservation and Natural Resources announced Tuesday the winners of the 2025 Outdoor Alabama Photo Contest. Each winner will receive a prize pack and be featured in a traveling exhibit. When the traveling exhibit is finalized, it will be posted on the Outdoor Alabama website. Here's a list of the winners and the categories: Alabama State Parks: Jennifer Grainger, Cheaha State Park Overlook Birds: Debra Lucas, ruby-throated hummingbird in Alabaster Wildlife: Christopher Baker, river otter in Madison Cold-Blooded Critters: Timothy Huber, ghost crab on Dauphin Island Bugs and Butterflies: Jeff Payne, bee in Morris Sweet Home Alabama: Christopher Baker, Old Red Mill in Albertville Nature-Based Recreation: Christopher Baker, exploring Stephens Gap in Jackson County Shoots and Roots: Brad Lackey, mushroom in Huntsville Scenic: Edward Townsend, Green Mountain Nature Trail covered bridge in Huntsville Young Photographers: 10-year-old Killete Brickley, green lynx spider in Scottsboro To see second place, third place, honorable mention and more information, click here. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
05-02-2025
- Health
- Yahoo
New, possibly deadly virus found in Alabama animals. Could it reach Mississippi wildlife?
A new animal-borne virus has been discovered in Alabama. But the creature that carries it can be found along parts of the Atlantic seaboard, as far north as southern Saskatchewan, Canada, as far south as the Gulf states and as far west as Kansas. Could it come to Mississippi or be here already? A group of researchers from the The University of Queensland in Australia have identified a new strain of henipavirus in North America, the first found in the continent. 'Henipaviruses have caused serious disease and death in people and animals in other regions,' Dr. Rhys Parry of the UQ School of Chemistry and Molecular Biosciences said in a release from the university. This strain is called Camp Hill, named for the Tallapoosa County town near Auburn, Alabama, where four infected northern short-tailed shrews were caught in 2021. 'The discovery of a henipavirus in North America is highly significant, as it suggests these viruses may be more globally distributed than previously thought.," Parry said. Here's what we know so far about the new illness. The Alabama Department of Conservation and Natural Resources data shows these animals are also called: Short-tailed Blarina. Mole Shrew. Large Short-tailed Shrew. According to the National Park Service, these shrews are about 4 inches long and weigh about an ounce. They're insectivores in the same family of animals as moles, and they aren't rodents like mice or rats. They spend most of their time underground or in leaf litter and use echolocation to move in the dark. These shrews have venomous saliva that's enough to paralyze or kill some prey. Because the shrew doesn't have fangs, it introduces the neurotoxin by chewing or gnawing on its intended victim. Here's what Mississippi needs to know: First human bird flu death in the US reported. 'The closest known henipavirus to Camp Hill virus that has caused disease in humans is Langya virus, which crossed from shrews to humans in China,' Parry said. 'This indicates that shrew-to-human transmission can occur.' Shrews are considered the primary carrier for Langya, but it's also been found in goats and dogs. "Given the high case-fatality rates associated with henipaviruses, detection of CHV in North America raises concerns about past and potential future spillover events. Further investigation is needed into the potential for human infection and strategies for mitigating transmission," reads the research letter published in Emerging Infectious Diseases. 'Henipaviruses have caused serious disease and death in people and animals in other regions,' Parry said. He said the Hendra virus has a 70% fatality rate, and Nipah has "recorded fatality rates between 40 and 75 per cent in outbreaks in South-East Asia, including in Malaysia and Bangladesh." They can cause respiratory distress and encephalitis. No fatalities were reported from Langya, but infected people did reportedly have: Fever. Fatigue. Cough. Impaired liver or kidney funtion. Norovirus survival guide: How to get through the stomach flu According to information from the CDC, henipaviruses are single-strand RNA viruses that can infect humans. Of six that were previously identified, "Hendra virus and Nipah virus are highly virulent emerging pathogens that cause outbreaks in humans and are associated with high case-fatality ratios." The CDC has it listed as a travel-association infection primarily found in other countries: Nipah virus: Southeast Asia and Bangladesh, India. Hendra virus: Austrailia. Langya virus: China. The CDC noted that travelers should avoid bat roosting areas and practice food safety to avoid food contaminated by infected animals. Flying fox bats are known to be carriers, and horses exposed to bat urine can infect people. More research was needed, according to the CDC, to see how Langya virus was transferred to humans from shrews. Raw milk in Mississippi: What you need to know about state law, your health Dr. Ariel Isaacs, who co-authored the research, said developing a vaccines for this virus family is an important next step in the UQ news release. 'The next step for this work is to characterise key surface proteins on the virus that are involved in cell entry to broaden our understanding of the virus family and identify better ways to protect against it,' Isaacs said. The infected animals also carried Camp Ripley Virus, a hantavirus previously found in northern short-tailed shrews. Hantavirus is commonly carried by rodents and can be spread to people via infected urine, feces or saliva and can be made airborne while cleaning. According to the New York Department of Health, it can't be spread from person to person. Hantavirus can be deadly with symptoms possibly showing up weeks after infection. Early symptoms can look like fever, fatigue and muscle pain. More advanced infections might include headache, diarrhea, dizziness and nausea/vomiting. The main issue is fluid buildup in the lungs. It can be diagnosed with a blood test. Seek medical attention quickly if you have symptoms and think you've been exposed. Bonnie Bolden is the Deep South Connect reporter for Mississippi with Gannett/USA Today. Email her at bbolden@ This article originally appeared on Mississippi Clarion Ledger: Could new strain of possibly deadly virus affect Mississippi animals?
