Until the appellate courts address the issue, there will be differing interpretations by judge's throughout the state. I intend to address this issue at the winter judge's conference later this month to see if there is any consensus. The regulation enacted by the DCNR does not supersede state law enacted by the legislature. The regulation only creates a "rebuttable presumption" that the bait or feed is not placed as a lure if it is more than 100 yards away and out of the line of sight. This presumption can be rebutted by evidence presented by the game warden in Court that the bait was placed in such a manner as to act as a lure. This could be through photographs or testimony. I have discussed my interpretation of the regulation with our wardens in Lowndes County. Other judges may have a different interpretation, but the regulation does very little to clarify this issue from a legal standpoint. It only serves to muddy the water. I suspect there will be some cases addressed by the Court of Criminal Appeals that will help clarify the application of the regulation to the baiting statute but that will not be for several months or perhaps a year. Until then I suggest that you consult with your local game warden before placing any corn or other feed in an area that you may think is questionable.

Baiting in Alabama is illegal, period. This law was written to allow for secondary feeding. NOT BAITING