October 8, 2012
DNR statement on hunting deer over bait
DNR issues the following statement to clarify the law on hunting deer over bait and to help guide the public in the upcoming deer season.
Recent decisions by a Greenwood County magistrate and the state Attorney General's Office have overturned the long standing prohibition against hunting deer over bait on private lands in the Upstate. It has been unlawful to hunt deer over bait on private lands in the counties that now comprise Game Zones 1 & 2 since the state began stocking deer in the Upstate in the 1950's.
The events leading to the current situation were put in motion by Act 286 of 2008, which was enacted into law by the General Assembly. Prior to 2008, the prohibition on hunting deer over bait on private lands was contained in regulations written by DNR which stated that big game could not "be baited or hunted over bait." Act 286 struck the regulations and enacted the prohibition into law. When the law was amended it stated that it was unlawful to "bait for deer." Under the current law it is unlawful to bait for deer in the Upstate, but it is not unlawful to hunt deer over bait. The recent decisions of the magistrate and the Attorney General's Office lend themselves to the conclusion that it is lawful to hunt deer over bait, but unlawful to bait for deer. These decisions have the unintended consequence of making existing law confusing for both the public and DNR law enforcement officers and staff.
Deer baiting on private lands is still unlawful in Game Zones 1 & 2 and remains a vital concern of the department, however, there will be less priority placed on enforcing the statute due to the confusing nature of the law and a diminished DNR work force of 192 officers. There were no changes to wildlife management area regulations and it remains unlawful to bait for deer, or to hunt deer over bait on all wildlife management area lands statewide.
The department will seek to have the law clarified during the upcoming legislative session which begins in January 2013.
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