SB189 By Senators Whatley and Dial RFD Agriculture, Conservation, and Forestry Rd 1 14-FEB-17

SYNOPSIS: Under existing law, by regulation of the Department of Conservation and Natural Resources, as it relates to hunting deer on private lands, there is a rebuttable presumption that any bait or feed located beyond 100 yards from the hunter and not within the line of sight of the hunter is not a lure, attraction or enticement to, on, or over the areas where the hunter is attempting to kill or take the deer.

This bill would allow the taking of whitetail deer or feral swine by means of bait.

A BILL TO BE ENTITLED AN ACT

To amend Sections 9-11-244 and 9-11-245 of the Code of Alabama 1975, relating to hunting; to allow the taking of whitetail deer or feral swine by means of bait.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 9-11-244 and 9-11-245 of the Code of Alabama 1975, are amended to read as follows:

§9-11-244.

"No person at any time shall take, catch, kill or attempt to take, catch or kill any bird or animal protected by law or regulation of the State of Alabama by means, aid or use, directly or indirectly, of any bait such as shelled, shucked or unshucked corn or of wheat or other grain, salt or any other feed whatsoever that has been so deposited, placed, distributed or scattered as to constitute for such birds or animals a lure, attraction or enticement to, on or over the area where such hunter or hunters are attempting to kill or take them; provided, that such birds or animals may be taken under properly shocked shucked corn and standing crops of corn, wheat or other grain or feed and grains scattered solely as a result of normal agricultural harvesting and provided further, migratory birds may be hunted under the most recent provisions established by the U.S. Fish and Wildlife Service or regulations promulgated by the Commissioner of the Department of Conservation and Natural Resources within the limits of the federal regulations. This section shall not apply to whitetail deer or feral swine.

§9-11-245.

"No person shall at any time make use of any pitfall, deadfall, baited field, cage, trap, net, pen, baited hook, snare, poison, explosive, or chemical for the purpose of injuring, capturing, or killing birds or animals protected by law or regulation of this state. This section shall not prevent the trapping of animals classified as fur-bearing animals by a duly licensed fur catcher. It shall be legal to use a scaffold for gun hunting of all legal game species except wild turkey and to use a scaffold for bow hunting of all legal game species."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Hunters and Hunting

Conservation and Natural Resources Department

Whitetail Deer

Feral Swine

Code Amended