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 March 20, 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).
