Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-4 - WILDLIFE RESOURCES DIVISION › Subject 391-4-2 - HUNTING REGULATIONS › Rule 391-4-2-.41 - Baiting of Federally Regulated Migratory Game Birds

Current
				through Rules and Regulations filed through June 27, 2024
No person shall take migratory game birds by the aid of
				  baiting, or on or over any baited area, where a person knows or reasonably
				  should have known that the area is or has been baited. As used in this
				  paragraph, "baiting" shall mean the direct or indirect placing, exposing,
				  depositing, distributing, or scattering of grain, salt, or other feed that
				  could serve as a lure, or attraction for migratory game birds to, on, or over
				  any areas where hunters are attempting to take them; and "baited area" means
				  any area on which grain, salt, or other feed has been placed, exposed,
				  deposited, distributed, or scattered if that grain, salt, or other feed could
				  serve as a lure or attraction for migratory game birds to, on, or over any
				  areas where hunters are attempting to take them and such area shall remain in a
				  baited area for ten (10) days following complete removal of all such grain,
				  salt, or other feed; "normal agricultural planting, harvesting, or post-harvest
				  manipulation" means a planting or harvesting undertaken for the purpose of
				  producing and gathering a crop, or manipulation after such harvest and removal
				  of grain that is conducted in accordance with official recommendations of State
				  Extension Specialists of the Cooperative Extension Service of the U.S. Dept. of
				  Agriculture; "normal agricultural operation" means a normal agricultural
				  planting, harvesting, post-harvest manipulation, or agricultural practice that
				  is undertaken for purposes other than to produce and gather a crop - such as
				  livestock feeding or wildlife management, and is conducted in accordance with
				  official recommendations of State Extension Specialists of the Cooperative
				  Extension Service of the U.S. Dept. of Agriculture; "manipulation" means the
				  alteration of natural vegetation or agricultural crops by activities that
				  include but are not limited to mowing, shredding, discing, rolling, chopping,
				  trampling, flattening, burning, or herbicide treatments. This term does not
				  include the distributing or scattering of grain, seed, or other feed after
				  removal from or storage on the field where grown; and "natural vegetation"
				  means any non-agricultural, native, or naturalized plant species that grows at
				  a site in response to planting or from existing seeds or other propagules. This
				  term does not include planted millet. However planted millet that grows on its
				  own in subsequent years after the year of planting is considered natural
				  vegetation. However, nothing in this paragraph prohibits:
(1) The taking of any migratory game birds,
				including waterfowl, on or over the following lands or areas that are not
				otherwise baited areas: standing crops or flooded standing crops (including
				aquatics); standing, flooded, or manipulated natural vegetation; flooded
				harvested croplands; or lands or areas where seeds or grains have been
				scattered solely as the result of a normal agricultural planting, harvesting,
				postharvest manipulation, or soil stabilization practice; and
(2) The taking of any migratory game birds,
				except waterfowl, on or over any lands or areas that are not otherwise baited
				areas, and where grain or other feed has been distributed or scattered solely
				as the result of manipulation of an agricultural crop or other feed on land
				where grown, or solely as the result of a normal agricultural
				operation.
O.C.G.A. Secs.
				  27-1-4,
				  27-3-15(d).