Velvet
by Mbrock. 04/28/24 09:16 PM
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Bait near private property line
#2312341
11/30/17 10:14 AM
11/30/17 10:14 AM
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Joined: Feb 2013
Posts: 397 North Alabama
roscopeecotrane
OP
4 point
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OP
4 point
Joined: Feb 2013
Posts: 397
North Alabama
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I have a question. I understand the 100yd and out of sight rule for using bait. My question is how does that apply to the neighboring property owner that isn’t putting it out and is unaware of it when hunting. If the bait is 10 yds across from my property and fence line on the neighbors side will I be the be charged with hunting over bait even though I’m on my property with no knowledge of the bait but only 60yds away? I fear that what one property owner does within legal right can affect another legal hunter illegally.
Last edited by roscopeecotrane; 11/30/17 10:15 AM.
Luck is where preparation meet opportunity
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Re: Bait near private property line
[Re: roscopeecotrane]
#2312362
11/30/17 10:27 AM
11/30/17 10:27 AM
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Joined: Apr 2017
Posts: 4,597 Elmore county
GKelly
10 point
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10 point
Joined: Apr 2017
Posts: 4,597
Elmore county
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It would depend on the game warden yes he could ticket you for it the law doesn't say anything about property lines only if it's within 100 yards or in your line of sight past 100. I wouldn't worry about it to much wardens usually pretty good about figuring out who's doing what
Last edited by GKelly; 11/30/17 10:29 AM.
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Re: Bait near private property line
[Re: Remington270]
#2312364
11/30/17 10:27 AM
11/30/17 10:27 AM
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Joined: Feb 2013
Posts: 397 North Alabama
roscopeecotrane
OP
4 point
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OP
4 point
Joined: Feb 2013
Posts: 397
North Alabama
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I understand what you are saying but is that how a warden will view it also?
Luck is where preparation meet opportunity
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Re: Bait near private property line
[Re: roscopeecotrane]
#2312369
11/30/17 10:31 AM
11/30/17 10:31 AM
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Joined: Apr 2017
Posts: 4,597 Elmore county
GKelly
10 point
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10 point
Joined: Apr 2017
Posts: 4,597
Elmore county
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It's really just going to depend on his mood and what kind of evidence he can find if you're 50 yards away over a property line facing the opposite direction in thick woods. Or are you 50 yards away over a property line in a clear cut looking right at it.
Last edited by GKelly; 11/30/17 10:34 AM.
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Re: Bait near private property line
[Re: abolt300]
#2312380
11/30/17 10:39 AM
11/30/17 10:39 AM
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Joined: Apr 2017
Posts: 4,597 Elmore county
GKelly
10 point
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10 point
Joined: Apr 2017
Posts: 4,597
Elmore county
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Not to split hairs but technically, baiting deer is still illegal in AL. The 100 yds and out of sight was approved for Supplemental feeding. 70% of Alabama hunters were already hunting over corn anyway so they readily viewed the supplemental feeding rule passed by the "high fence CAB" as justification that what they were doing was now legal as long as it was 100 yds away and out of sight. Baiting to assist with harvest is still not approved in any way in Alabama.
The way our GW explained it to me was that if he felt that the feed was placed there to influence deer movement so as to assist the hunter in harvesting the animal, he was going to write the ticket. We dont allow supplemental feeding on our property during the season for that reason alone. writing a ticket and proving the charge in a court room are two different things. If you can prove its over 100 yards and out of line of sight thats the law regardless. I've had a warden in montgomery tell me the exact opposite 2 of them were eating at the stockyard cafe back when they changed it up I couldn't help but to ask and they told me that as long as it's 100 yards or more it could be on the other side of a tree as long as you can't see it he couldn't write a ticket.
Last edited by GKelly; 11/30/17 10:42 AM.
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Re: Bait near private property line
[Re: roscopeecotrane]
#2312400
11/30/17 10:52 AM
11/30/17 10:52 AM
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Joined: Nov 2011
Posts: 10,517
abolt300
Booner
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Booner
Joined: Nov 2011
Posts: 10,517
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Here's a direct quote from Sykes on the issue.
“But a supplemental-feeding program is totally different than baiting. With supplemental feeding, you’re doing it for the wildlife. With baiting, you’re being selfish and trying to kill something instead of getting out and hunting. That’s just being lazy, and it’s against the law.”
It's completely arbitrary in my book the way that the game laws are written, you have this clarification as to proximity but the actual law, as written, still says that baiting is illegal and also defines baiting. Until it is challenged in court and the state looses, there is not definitive answer. It's up the warden and it's up the judge you're brought up before. It all depends on which part of the game law he wants to interpret as being applicable to your case. When they defined area, they should have removed or revised the illegal baiting language but they did not. Both are now the "law" and they contradict each other.
Last edited by abolt300; 11/30/17 11:02 AM.
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Re: Bait near private property line
[Re: roscopeecotrane]
#2312462
11/30/17 11:40 AM
11/30/17 11:40 AM
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Joined: Nov 2015
Posts: 14,092 Chilton County
MarksOutdoors
Booner
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Booner
Joined: Nov 2015
Posts: 14,092
Chilton County
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I've got a feeder flinging corn just over the neighbor's side everyday at 16:00. I couldn't quite figure out what the sound was until after the season was over. Not sure how far away it is but I just use it to my advantage on my side.
"The true soldier fights not because he hates what is in front of him, but because he loves what is behind him." -G. K. Chesterton
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Re: Bait near private property line
[Re: roscopeecotrane]
#2312484
11/30/17 11:53 AM
11/30/17 11:53 AM
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Joined: Dec 2014
Posts: 2,082 Hamilton/Auburn
Shotts
8 point
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8 point
Joined: Dec 2014
Posts: 2,082
Hamilton/Auburn
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Had a neighbor ask me was this still applicable if the feeder was in a pasture with livestock?
Life is difficult Science prevails over bulldoodoo and superstition every time
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Re: Bait near private property line
[Re: GKelly]
#2312517
11/30/17 12:23 PM
11/30/17 12:23 PM
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Joined: May 2012
Posts: 12,481 Pike County, AL
Fuzzy_Bunny
Booner
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Booner
Joined: May 2012
Posts: 12,481
Pike County, AL
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If you can prove its over 100 yards and out of line of sight thats the law regardless.
No that is the regulation, not lthe law. The law says no baiting.
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Re: Bait near private property line
[Re: SuperSpike]
#2312691
11/30/17 02:35 PM
11/30/17 02:35 PM
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Joined: May 2011
Posts: 20,017 PDL, Fl
timbercruiser
Freak of Nature
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Freak of Nature
Joined: May 2011
Posts: 20,017
PDL, Fl
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You could ask 5 different wardens and prob get 5 different interpretations. And there is the problem. You need to talk to your game warden in your area and ask specific questions on their interpretations..
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Re: Bait near private property line
[Re: timbercruiser]
#2315872
12/02/17 06:54 PM
12/02/17 06:54 PM
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Joined: Sep 2014
Posts: 8,119 Moundville, Al
SuperSpike
40 Year Old Bowhunting Virgin
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40 Year Old Bowhunting Virgin
Joined: Sep 2014
Posts: 8,119
Moundville, Al
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You could ask 5 different wardens and prob get 5 different interpretations. And there is the problem. You need to talk to your game warden in your area and ask specific questions on their interpretations.. Doesn't matter. "Your" game warden may not even show up that day and another one does. You should be able to ask any game warden in the state the same question and get the same answer across the board no matter what it is.
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Re: Bait near private property line
[Re: SuperSpike]
#2315948
12/02/17 07:43 PM
12/02/17 07:43 PM
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Joined: Feb 2010
Posts: 547 stapleton
fromthedepths
4 point
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4 point
Joined: Feb 2010
Posts: 547
stapleton
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You could ask 5 different wardens and prob get 5 different interpretations. And there is the problem. You need to talk to your game warden in your area and ask specific questions on their interpretations.. Doesn't matter. "Your" game warden may not even show up that day and another one does. You should be able to ask any game warden in the state the same question and get the same answer across the board no matter what it is. Amen , everything should be cut and dry , not to some joe blows " disgression.
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Re: Bait near private property line
[Re: roscopeecotrane]
#2315982
12/02/17 11:25 PM
12/02/17 11:25 PM
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Joined: Jun 2013
Posts: 52,225 Gee's Bend/At The Hog Pen
James
Freak of Nature
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Freak of Nature
Joined: Jun 2013
Posts: 52,225
Gee's Bend/At The Hog Pen
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I understand what you are saying but is that how a warden will view it also? My old landowner received a ticket (about 15 years ago) for what u are referring to. Gw told him u should've known you're hunting near bait! Landowner asked him oh really how is that, it's 30 yards over on his property, and i would have had to trepass to know it was there lol. Case was throwed out quick, but he still had to deal with the hassle of going to court...
How many people am i willing to sacrifice for freedom? Everyone. All of them...
Do not regret growing older, it's a privilege denied to many!
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Re: Bait near private property line
[Re: roscopeecotrane]
#2315986
12/03/17 12:02 AM
12/03/17 12:02 AM
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Joined: Dec 2003
Posts: 9,712 Cleburne
.308
14 point
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14 point
Joined: Dec 2003
Posts: 9,712
Cleburne
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Call your local warden, invite him out & let him decide what is best.
"When you've stared down the barrel of a shotgun in your own home, 3rd & 20 don't seem too bad"......Ken "Snake" Stabler
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