SB 12

Under existing law and by rule 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 when a person purchases a baiting privilege license from the Department of Conservation and Natural Resources

This bill would also provide the Commissioner of the Department of Conservation and Natural Resources with the authority to establish Chronic Wasting Disease management zones and disease management zones for other infectious or contagious diseases, would allow for the suspension of the use of a baiting privilege license in these disease management zones under certain conditions, and would prohibit the use of bait in any county containing a portion of a disease management zone

To amend Section 9-11-244 of the Code of Alabama 1975, relating to hunting; to allow the taking of whitetail deer or feral swine by means of bait when a person purchases a baiting privilege license from the Department of Conservation and Natural Resources; to provide for Chronic Wasting Disease management zones and disease management zones for other infectious or contagious diseases; to provide for the suspension of the use of a baiting privilege license in disease management zones; and to prohibit the use of bait in any county containing a portion of a disease management zone.

Section 1

Section 9-11-244 of the Code of Alabama 1975, is amended to read as follows:

§9-11-244.

(a) No Except as provided in subsection (b), 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 rule 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 the birds or animals a lure, attraction, or enticement to, on, or over the area where such a hunter or hunters are attempting to kill or take them; provided, that such the birds or animals may be taken under properly shocked 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 regulations established by the U.S. Fish and Wildlife Service or regulations rules promulgated adopted by the Commissioner of the Department of Conservation and Natural Resources within the limits of the federal regulations.

(b)(1) This section shall not apply to a person hunting whitetail deer or feral swine with the aid of bait on privately owned or leased lands; provided, that the person has purchased, and is in possession of, a bait privilege license issued by the Department of Conservation and Natural Resources as follows:

a. The annual resident bait privilege license fee shall be fourteen dollars ($14), plus an issuance fee of one dollar ($1).

b. The annual nonresident bait privilege license fee shall be fifty dollars ($50), plus an issuance fee of one dollar ($1).

(2) The fees provided for by this section shall be subject to adjustment as provided in Section 9-11-68.

(3) A bait privilege license required by this section shall be procured in the same manner as an annual hunting license, with the issuance fee for the bait privilege license paid to and retained by the issuing office or agency.

(4) A person who is exempt from purchasing a hunting license shall not be exempt from the requirement to purchase a bait privilege license pursuant to this section.

(c)(1) To help prevent the spread of Chronic Wasting Disease and other infectious or contagious diseases, the commissioner may establish Chronic Wasting Disease management zones and disease management zones for other wildlife diseases if Chronic Wasting Disease or any other infectious or contagious disease impacting any bird or animal protected by law or rule of this state are found within this state or within 25 miles of the state border.

(2) Notwithstanding the baiting privilege license provided in subsection (b), no person shall use bait in any county containing any portion of a Chronic Wasting Disease management zone or other disease management zone as provided for in subdivision (1).

(3) The commissioner may, without refund, suspend the use of a baiting privilege license on a county, regional, or statewide basis to prevent the spread of diseases among wildlife by announcing the suspension in a news release.

(d) The Department of Conservation and Natural Resources may adopt rules to implement the act adding this amendatory language."

Section 2

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