# Baited Public Water



## HawgHunterMK (Nov 19, 2011)

Watch DNR write 3 different boats a ticket for hunting the same general area over bait.... talked to guys on two of the boats and they seamd honest that they were just at the wrong place at the wrong time...kinda scary considerin we were only 200 yards away and hadnt been to the lake since last year, till this mornin. We coulda easily rolled up on the spot and set up in an area that someone else baited and been in the same boat as the honest fellas.


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## duckhunter6 (Nov 19, 2011)

not mention the idiots who drove through our spread and bust a decoy!!


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## 270 Sendero (Nov 19, 2011)

what lake?


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## duckhunter6 (Nov 19, 2011)

blackshear, be cautious man


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## LipRip'r (Nov 20, 2011)

I was one of the lucky ticket holders!  I scouted Friday & found those birds, 4 of us went back Saturday morn & set up 30yds from the bait!! I believe that last boat in the hole were the baiters....but who knows. 

What would y'all do? I'm taking it to court...we had no idea that bait was there till green britches pointed it out.


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## LipRip'r (Nov 20, 2011)

duckhunter6 said:


> not mention the idiots who drove through our spread and bust a decoy!!





It was impossible to exit the creek without driving through that spread bud, we didn't hit a deke though


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## RB8782 (Nov 20, 2011)

did you at least get to put that bait to good use?


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## LipRip'r (Nov 21, 2011)

RB8782 said:


> did you at least get to put that bait to good use?



Warden confiscated the 10 we had down when he showed and gave us a little yellow slip in return


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## Sea dawg1978 (Nov 21, 2011)

thats awful man, but just another reason i hate to hunt public land.


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## chadf (Nov 21, 2011)

Keep us informed how this goes.....
I've always wondered this !


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## chadf (Nov 21, 2011)

Keep us informed how this goes.....
I've always wondered this !

*sweet iPhone double post *


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## duckhunter6 (Nov 21, 2011)

naw liprripr, it wasnt you it was the guys who left early who did it.  and i would take it to court.


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## Quackhead34 (Nov 21, 2011)

Happened to a buddy of mine on Oconee last year. He took it to court and the judge through it out.


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## chashlls150 (Nov 21, 2011)

Was it local or fed. GW?


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## LOVEMYLABXS (Nov 21, 2011)

LipRip'r said:


> I was one of the lucky ticket holders! I scouted Friday & found those birds, 4 of us went back Saturday morn & set up 30yds from the bait!! I believe that last boat in the hole were the baiters....but who knows.
> 
> What would y'all do? I'm taking it to court...we had no idea that bait was there till green britches pointed it out.


 

Dang that sucks Lips hope all goes well when you go to court


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## LipRip'r (Nov 21, 2011)

chashlls150 said:


> Was it local or fed. GW?



Local


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## triton196 (Nov 22, 2011)

good luck some green pants are fair some are too lazy to do their investigating before just writing tickets. take it to court its a 50 50 chance.


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## Dr. Strangelove (Nov 22, 2011)

My responsibility as a hunter is to hunt ethically and adhere to the laws that apply to my firearms, bag limits, etc.

On public land/waters, I have no control of others' actions. If my party and I are otherwise legal, and the baiting is not obvious from my position, why is this my problem?

I'll gladly pay a ticket if I do break a game law, but I'll fight it as far as I financially can if I didn't do the deed.


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## jero77 (Nov 22, 2011)

this is bull. if it is public water and the GW knew it was baited ( which i assume he did to show up with tickets) I feel like it is his job to warn would be hunters that the area is baited to avoid any game violations. just like a dove field if he knows it is baited before the shooting begins he posts the field with all the no hunting baited field signs


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## BFifer (Nov 22, 2011)

I really can't see ducks working into a spread 30 yards from a bait pile if the bait pile is clearly evident; wouldn't they go straight to it... if that's the case, it would make 0 sense for you guys to be set up 30 yards away if it was your bait pile, unless you wanted to take sub-par shots or light 'em up on the water, maintaining some semblance of innocence, but why would you have the guts to bait and then not have the guts to have that centered inside your spread... doesn't make sense. I'd think that would be justification enough to get the ticket thrown out and, if I were in the GW's shoes, I would have pointed out the bait pile, told you to pick up and move to a new location. As much as that would tick me off, I'd understand that would allow him to do his job while allowing you to effectively hunt in an area that he clearly has to monitor. Good luck with the judge.


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## duckyaker90 (Nov 22, 2011)

Im with you jero they should have posted it


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## LipRip'r (Nov 22, 2011)

jero77 said:


> this is bull. if it is public water and the GW knew it was baited ( which i assume he did to show up with tickets) I feel like it is his job to warn would be hunters that the area is baited to avoid any game violations. just like a dove field if he knows it is baited before the shooting begins he posts the field with all the no hunting baited field signs



That is one thing I have since thought about too.  It was obvious they already knew it was there b/c they went straight to it.  And I believe it was pretty obvious to them that we did not know it was there...


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## Strutter (Nov 22, 2011)

Quackhead34 said:


> Happened to a buddy of mine on Oconee last year. He took it to court and the judge through it out.


Judge through it out???? My understanding is that the officers agreed to drop the tickets because the person responsible for the bait was located and it never went to trial, get your facts strait...


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## kscoggins (Nov 22, 2011)

what was it ? corn?  in the water or on the ground?


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## bnew17 (Nov 23, 2011)

i dont think its going to matter if you take it to court or not. a good friend of mine and his father in law and a few other people hunted a duck hole on a property line that was baited by what they think was the adjoining property owners. hadnt been to this hole since the year before. GW showed up and wrote them tickets. They pleaded their case but it didnt work. they all had some pretty hefty fines $$$


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## 440Mopar (Nov 23, 2011)

bnew17 said:


> i dont think its going to matter if you take it to court or not. a good friend of mine and his father in law and a few other people hunted a duck hole on a property line that was baited by what they think was the adjoining property owners. hadnt been to this hole since the year before. GW showed up and wrote them tickets. They pleaded their case but it didnt work. they all had some pretty hefty fines $$$



i bet i know where that hole is at 
  u cant out cheat a cheater :nono::nono::nono::nono:


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## EEFowl (Nov 25, 2011)

Has anyone ever admitted to the GW that they knew a duck hole was baited.  The answer is NO!

EF


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## bnew17 (Nov 25, 2011)

EEFowl said:


> Has anyone ever admitted to the GW that they knew a duck hole was baited.  The answer is NO!
> 
> EF



These were honest men that did not know the hole was baited. Dont blame the GW for writing them a ticket. Just at the wrong place at the wrong time.


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## Grady (Nov 25, 2011)

I AM NOT A LAWYER. THIS IS NOT LEGAL ADVICE. Just thinking about the situation where a hunter innocently hunts over bait. If this is what happened, here are some thoughts:

Ga. Code Ann. § 27-3-9(b)(1) Except as otherwise provided by law or regulation, it shall be unlawful for any person to hunt any game bird or game animal upon, over, around, or near any place where any corn, wheat, or other grains, salts, apples, or other feed or bait has been placed, exposed, deposited, distributed, or scattered so as to constitute a lure, attraction, or enticement to such birds or animals. It shall also be unlawful to hunt any game animal or game bird upon, over, around, or near any such place for a period of ten days following the complete removal of all such feed or bait.

Under this provision, It does not seem to matter whether or not you put the bait down yourself, just whether you were hunting over a place where bait had been placed. The state has the burden to prove that you were doing this. Not hard, I wouldn't think, as you admit you were hunting over or at  least around the bait (I am assuming corn). Seems like your defense has to do with not knowing you were hunting over corn.  I am not sure if the state has to prove that you were knowingly, recklessly, negligently, or under some other mental standard, hunting over corn. I would try to figure this out. Obviously "knowing" is better than "negligently." I would also try to put together some explanation/evidence of why you were, if you were, unaware the hole had been baited. For instance, I know where I hunt I can rarely see the bottom of the lake/swamp. I would think this evidence, that the lake is murky and the bait was not visible, is a good start. :nono::nono::nono::nono:, maybe the DNR only noticed it was baited after they saw ducks feeding in the hole (maybe irregularly) and scooped the bottom of the lake,  rather than just seeing the corn while boating by. In the case it was clear that corn was on land near where the person was hunting, and this was enough evidence that defendant knew/was reckless/ or negligent of the corn (again, whatever the std required is). Again, I am not an attorney and this is not legal advice, but seems like consulting with a lawyer may be helpful. I would think evidence of good character is always helpful too. Maybe you can convince the DNR or prosecutor to drop the claim before having to appear in court.  
Being optimistic about the US legal system (at least the part about being innocent until proven guilty) I would like to think your chances are better than 50/50.

Redding v. State, 217 Ga.App. 529, (1995)(finding evidence was sufficient to support the defendant's conviction for hunting over a baited field in violation of O.C.G.A. § 27-3-9. The ranger testified that he found the defendant with a loaded firearm, surrounded by boot tracks matching his boots, standing right in the area of approximately 20 pounds of clearly visible shelled corn that had been spread on the ground).


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## BREAK'N WINGS (Nov 26, 2011)

Im suprised with all the folks and boats ya'll even found a spot to hunt..........lol  Looked like black friday at the victoria secrets store.


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## BigSwole (Apr 6, 2013)

How did this turn out?


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## Woods Savvy (Apr 8, 2013)

Always carry your bait net.


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## ugabulldog56 (Apr 8, 2013)

Woods Savvy said:


> Always carry your bait net.



Tombstone.  I was there when this happened.  Sad thing is that someone baited that hole just so steve couldnt hunt there and kill birds.  That was nothing more than a case of pure jealously.


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## Woods Savvy (Apr 11, 2013)

Tombstone, How many mornings have you seen the sunrise in that hole.


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