Understanding the Laws Regarding Deer Baiting in North Carolina

Deer Baiting Defined

Deer baiting is defined as the act of putting out food for deer to eat for the purpose of encouraging them to come into an area. The North Carolina General Assembly has defined it by statute as follows:
"Deer baiting" means placing, exposing, depositing, or scattering any substance that could be eaten or otherwise digested by deer for the purpose of attracting, detecting, viewing, or capturing deer by any method.
This is a pretty broad definition. There are many ways to partially interpret it.
First, this will mean that anything put out for deer as food, even if not intentionally as a lure, falls under its meaning. Placing com feed out in the field for deer because it simply is attractive to them? Deer baiting, according to the statute . Putting a pile of corn out on the bank where one often fishes a private pond because it is more conducive to success in fishing? Deer baiting, according to the statute.
Second, this means that anything put out for deer that is FOOD is considered deer baiting, even if it is put out intentionally as a lure. As you will see in the sections about the law, the mere fact that something is put out in the woods to attract deer causes it to fall within this definition.
Third, this means that anything that is placed on the ground and used to lure deer, even though that is not the intent for such placement, will be classified as deer baiting.
Also, this means that anything that is put out in the woods near or around a hunting stand, even if not intended as a lure, will be classified as deer baiting.

Current Status Under North Carolina Law

Currently, there is no ban on deer baiting statewide in North Carolina. Statewide, deer baiting is illegal during the closed season (the last day of February to the first day of August). After August 1, deer baiting is legal statewide. However, on April 19, 2023, the North Carolina Wildlife Resources Commission ("NCWRC") voted to ban deer feeding on game lands statewide.
Further regulation is imposed under the Coastal Plain Exceptions within the North Carolina Administrative Code. Within the exceptions, the NCWRC exempts members of licensed hunting preserves from prohibitions against feeding deer subject to a set of requirements as follows:
Game officials have the discretion to issue citations to members or guests who do not comply with the requirements while hunting on a licensed game preserve.

Seasonal and Geographical Considerations

While the primary state law against deer hunting over bait at G.S. 113-291.3(b) and G.S. 113-130(o) applies throughout North Carolina, there appear to be several seasonal variations in the law that may apply in certain parts of the state as well as some local regulations. The State Wildlife Resources Commission sets the deer hunting seasons each year throughout the state, and those seasons by zone are reflected in a table on page 43 of the Regulations Digest for the 2015-2016 hunting seasons. See generally N.C. Admin. Code tit. 15, 3 NCAC 10A.0100 et seq. The deer hunting season, aside from a "special January season for the taking of deer in Chowan County," runs September 12, 2015 through January 3, 2016 in the Coastal Plain zone. It runs Oct. 1, 2015 through Jan. 1, 2016 in the Mountain zone. But it runs from Sept. 19, 2015 through Jan. 1, 2016 in the Piedmont zone. Two other zones, the "Game Land Season" and "Blackpowder Season," are also available for deer hunting for part of that period, and may be of particular interest to hunters in Stokes County and those hunting in the Uwharrie National Forest. Most hunters are likely interested in the "Dog Season," which runs for several weeks in the various zones, including from Nov. 14 to Nov. 27, 2015 in Deer Zone 2 (the western counties of the Piedmont). There are no local or county provisions in the law that alter these statewide deer hunting seasons. However, local governments do have authority overall hunting, see G.S. 160A-186 so some restrictions on hunting or the taking of deer may exist in your county or municipality.

Penalties for Illegal Use of Bait

Violations of the deer baiting laws in North Carolina can lead to serious legal consequences, including significant fines and other penalties. One such consequence is a charge of "Littering of State Controlled Land or Waters." Although many offenders don’t recognize it, littering a field with food or other unwholesome substances for the purpose of attracting or baiting deer is a violation of N.C. Gen. Stat. § 18B-301(a)(8), which states:
It is unlawful for any person to bring on the premises of any land owned by the State or by any political subdivision of the State, any litter or unwholesome substance, whether in a solid, liquid, or gaseous state, for the purpose of attracting or baiting deer .
Violations of this statute are a Class 3 misdemeanor, which is punishable by a fine of up to $100. Although the offense is charged as a Class 3 misdemeanor, it appears the defendant will be punished through other means. Section 18B-301 (a)(10) provides:
A second or subsequent time that a defendant is convicted of a violation of item (8) above, the court shall order the defendant to perform not less than 75 hours nor more than 120 hours of community service conducting litter abatement, under the supervision of an agency or organization approved by the court.
While the Deer Conservation Act may have the unintended consequence of forcing hunters to keep a closer eye on their neighbors, violators of the baiting statute will be punished with community service — cleaning up after themselves.

Responsible Hunting Considerations

For many hunters, the decision on whether to bait for deer has more to do with their personal code of ethics than with any particular state law. The North Carolina Sportsmen’s Caucus (part of the General Assembly) recently conducted a survey of 17 questions. The panel heard from 52 panels representing various groups, including sportsmen, game wardens, landowners, farmers, and environmental organizations. According to the Caucus’s Report to the General Assembly, "The Caucus found there to be a near-universal agreement among all those surveyed that the use of bait is unethical." The Report did not stop there. It continued: "Of those consulted by the Caucus, only the hunting groups were strongly in support of a ban on the use of bait. Notably, there was a mix of opinion from the game wardens, with many suggesting that a ban on the use of bait would drastically decrease the revenue brought to the state by deer-hunting." One game warden explained that if deer have "broadly been trained to associate corn with safety, it can take years to deprogram the deer population." Some sport hunters argue in favor of baiting for deer. An excellent article titled "On the Ethics of Deer Baiting" posted in Coyote Blog notes: "Many rural hunters believe that baiting is the only way to guarantee themselves a deer." The article explains that there is also a shortage of hunting areas. Another article states that one argument in favor of using baited corn is that "a leisurely afternoon over a pile of corn is more appealing than trying to find a deer while it’s moving in heavy brush." On the opposite side of the argument, hunters who refuse to use artificial bait question whether a baited deer should even be harvested and if doing so is unethical. They say that if legally shot, a baited deer should be killed but not harvested. If it is legally harvested, it should be due to skill rather than bait. It appears that the debate over the ethics of bait is largely about whether it is necessary to hunt deer.

Alternatives to the Use of Bait

While the debate about deer baiting will continue, there are alternatives to baiting that all hunters should consider. Robert McCullough the North Carolina Deer Biologist says that he felt one of the reasons for decreased harvest, and possibly increased populations of deer, is that hunters were strictly accumlating locations of bait station without paying attention to deer movement. McCullough recommends that hunters not rely on bait and instead scout the areas they plan to hunt or have been successful at shooting deer. One strategy is when you see deer droppings in the area to sign in on a register. Keep a running list of the dates that you see deer sign in that area. This will allow you to see patterns and movements by the deer on your property. According to McCullough this will help make you a better "scout". If you see lots of droppings between two posted signs then it would be a good idea to put your deer stand between those two posted signs. Another strategy is to think like a deer. In addition to tracked sign , look for deer trails. Deer and other animals naturally travel in the direction that they know so a deer trail may lead you to where you can place a stand to take advantage of their natural direction. If you are baiting deer you may not be putting much thought into deer movements, but if you were able to harvest deer by watching for deer sign you may want to take the time to learn some of these strategies that Robert McCullough is promoting.