I. The Law

Section 9-11-244 prohibits the baiting, feeding and simultaneous hunting of protected

game animals and birds to the extent that the feed material constitutes a lure, attraction or

enticement to, on or over the area being hunted.

Regulation 220-2-.11(7), further establishes a ten (10) day waiting period after

feed has been removed before the area may be hunted.

II. Elements for Determining an Offense

Section 9-11-244 establishes several elements of the offense. These elements are; (1) the

hunted species must be a protected game species as defined by Regulation; (2) the feed or

bait material must be attractive to the hunted species. For example, corn is attractive to

doves, hickory nuts are not. It would also have to be placed in such a manner as to be

accessible and attractive to the species; (3) the feed or bait must attract the species to, on,

or over the area where the hunter is located. The term "area" in this context is that

geographic space, including the air space above, within which the hunter is physically

capable of harvesting the bird or animal. Area in this sense will vary depending on visibility,The burden of proof is upon the State to prove all these elements of the offense.

weaponry, natural or man-made barriers, vegetation, terrain and distance; and (4) it must

be established is that the hunter knew or reasonably should have known that the area was

III. Supplemental Feeding

Neither Section 9-11-244, 9-11-245 or Regulation 220-2-.11 addresses the issue of

supplemental feeding as it relates to hunting on a specific piece of property. Therefore,

simultaneous hunting and feeding on a specific property, regardless of the size of the

property or the number of feeding locations, is not, in and of itself, illegal. Only if the

hunting and feeding satisfies all the elements of baiting previously stated does it become

illegal.

IV. Summary

To evaluate a particular situation one must consider the totality of the circumstances, such

as distance, terrain, vegetation, visibility, natural or man-made barriers, weaponry, the

species being hunted and the hunter’s knowledge of the bait. No one standard will ensure

that the legislative intent is fulfilled and that the law is applied fairly and reasonably. The

vast majority of bait cases are made where the hunter and the bait are all well within the area

being hunted. These are certainly the most flagrant cases. However, innocence must be

presumed, unless it can be proven otherwise based on the totality of the above stated

circumstances.

V. Frequently asked questions:

Q: Can I put out supplemental feed and hunt deer on my property during the hunting season?

A: Yes you may, if you can do so without the feed being a lure or attraction to, on or over the

area (see definition) being hunted. Certainly you should not be within sight or shot of the

feed or the area around the feed, or of any well defined trail or pathway to the feed.

Q: What would be your recommendation about feeding during the hunting season?

A: While it is not expressly prohibited, we do not recommend feeding during the hunting season

for the following reasons:

1) You will have to sacrifice some portion of your acreage that you have available

for hunting.

2) You may not be able to direct or control the actions of other hunters who may,

accidentally or intentionally, hunt the area affected by the feed.

3) When an officer locates a feeding area, regular, unannounced monitoring will be required to determine if the feeding area is being hunted illegally. This demands an additional expenditure of your hunting and fishing license fees which could be used

enforcing other serious offenses such as hunting at night, hunting from public

roads, and hunting without permission.

4) From a biological standpoint supplemental feeding is not a recommended practice.

However, feeding only during the closed season (8 ½ months) would have no legal

impact on your hunting. This covers the antler development period, the gestation and

fawning period and the time of year when native foods are poorest and in shortest

supply (late winter and late summer).

5) Supplemental feeding can increase risks for the spread of communicable diseases.

Increased periods of supplemental feeding increase the time that animals are

exposed to concentrations of potentially diseased infected animals.

6) Established food plots are legal to hunt and provide a low maintenance, reliable source of supplemental nutrition over a longer period of time and provide a multitude of other benefits to wildlife.

Q: Am I responsible for bait or feed that may be placed by someone else?

A: Only if it can be established that you knew, or reasonably should have known it was there. In

Phillips v. State, the Alabama Supreme Court ruled that proving “actual guilty knowledge” is

not required. However, it also ruled that it was reasonable to expect the hunter to clear the

area such that with a “reasonable investigation” the hunter could have discovered the bait.

Generally, it is not reasonable to expect a hunter to know what is placed on an adjoining

landowner where he/she has no access.

Q: What should I do to determine if a property is baited when I am invited to hunt on another’s

property?

A: First, ask the landowner or person responsible for the property before you go hunting. Also,

you should pay attention to your surroundings and investigate anything that looks out of

place, such as an obvious feeder, grain in an area where no crops are grown, grain of one

type in an area where another type is grown or unusually high wildlife activity (scratching,

tracks, etc.) in your location.

If you have more questions, please contact the Wildlife and Freshwater Fisheries Division, Law Enforcement Section, or your nearest District office.

baited.