Code of Alabama

Ala. Code § 9-11-244 (2026)

Taking, Etc., of Protected Birds or Animals by Means of Bait; Bait Privilege License.

✓ official Alabama Legislature (ALISON) text, current July 2026

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THIS SECTION WAS AMENDED BY ACT 2019-103 IN THE 2019 REGULAR SESSION, EFFECTIVE MAY 6, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) 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 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 the birds or animals a lure, attraction, or enticement to, on, or over the area where a hunter or hunters are attempting to kill or take them; provided, that 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 regulations established by the U.S. Fish and Wildlife Service or rules 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) The commissioner may, without refund, suspend the use of a baiting privilege license and adopt rules to manage the feeding of wild game animal populations 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 this section.

(Acts 1951, No. 1001, p. 1672, §1; Acts 1991, No. 91-591, p. 1093, §1; Act 2019-103, §1.)

Notes of Decisions

Cited in 3 cases, 1998–2015 · leading case: Scott v. State, 917 So. 2d 159 (Ala. Crim. App. 2005).

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Scott v. State, 917 So. 2d 159 (Ala. Crim. App. 2005). “2000) ("Therefore, we must assume that the Legislature was aware of § 13A-2-4, when it revised § 9-11-244, and chose not to make the offense a strict-liability offense.”

Phillips v. State, 771 So. 2d 1061 (Ala. Crim. App. 1998). · cites it 7× “On March 30, 1995, Willie Morris, an officer with the Alabama Department of Conservation and Natural Resources, received a telephone call from Don Taylor.”

W.F. v. State, 214 So. 3d 1153 (Ala. 2015). · cites it 2× “1998), the Court of Criminal Appeals held that hunting over a baited field, a violation of § 9-11-244, Ala.Code 1975, is a strict-liability offense with no requirement of a culpable mental state.”

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