When it is legal to bait bears in Washington

[woodman]

I have been talking with another member about baiting bears at a trail cam. We both can't seem to find a thread here about bear baiting with cameras. I called the Dept of Fish and Wildlife in Olympia  and they told that it was absolutely legal to put bait for predators in front of a trail cam and go ahead and do it as long as I am not hunting. When I asked, there was no hesitation with an answer from them. It seems that every time baiting is brought up here and bears are in the conversation, members jump on it right away and say it is illegal. I am hoping to get feed back if anyone knows anything different, especially Big Tex.

[Bob33]

I don't see how you can draw any other conclusion.  Can you?

(1) Notwithstanding the provisions of RCW 77.12.240, *77.36.020, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.


http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.245

[rb2506]

just don't shoot a bear anywhere near your bait station

[woodman]

I don't see how you can draw any other conclusion.  Can you?

(1) Notwithstanding the provisions of RCW 77.12.240, *77.36.020, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.


http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.245

Why would the state Dept. of Fish and Game headquarters say that it is legal to attract to a trail cam and go ahead and do it?

[huntnnw]

but when your dumping bait for deer (legal) bears come in

[Bob33]

I don't see how you can draw any other conclusion.  Can you?

(1) Notwithstanding the provisions of RCW 77.12.240, *77.36.020, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.


http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.245

Why would the state Dept. of Fish and Game headquarters say that it is legal to attract to a trail cam and go ahead and do it?

I don't know why, but they have been known to be wrong on occasion.

[woodman]

I don't see how you can draw any other conclusion.  Can you?

(1) Notwithstanding the provisions of RCW 77.12.240, *77.36.020, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.


http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.245

Why would the state Dept. of Fish and Game headquarters say that it is legal to attract to a trail cam and go ahead and do it?

I don't know why, but they have been known to be wrong on occasion.

Just curious, have you talked to any legal authorities about this?

[Bob33]

No.  Your question was whether or not it is legal.  Forget for a moment what anyone else said: can you reach any other conclusion when reading the RCW?

As for whether or not someone would be cited, that's an entirely different question.

[woodman]

No.  Your question was whether or not it is legal.  Forget for a moment what anyone else said: can you reach any other conclusion when reading the RCW?

As for whether or not someone would be cited, that's an entirely different question.

   

 (d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.

Here it says that bait means to hunt for bears, I do think that trail cams do not fall under this description.

[KillBilly]

I have had the same conversation with several enforcement officers. I get the same answer from them. It is and has been legal to bait bears for the purpose of taking pictures or studying habits, etc. The caveat is that you can never harvest a bear at your bait sight. You also cannot harvest a bear at any deer or elk bait sight. In the rare occurence that you had to kill a bear near a bait sight to protect yourself, then you would have to report the incident, enforcement would investigate and take possesion of the bear. Bottom line it is legal to bait bear for almost any purpose other than to harvest it.

[Bob33]

Fair point.  I think it is unlikely it would cause a problem except during a hunting season.

[woodman]

Fair point.  I think it is unlikely it would cause a problem except during a hunting season.

Bob 33, I thank you for that. It would have been easy for you to be stubborn on your point.  I just really am curious because of the normal response that is given here.

[billythekidrock]

I have been talking with another member about baiting bears at a trail cam. We both can't seem to find a thread here about bear baiting with cameras. I called the Dept of Fish and Wildlife in Olympia  and they told that it was absolutely legal to put bait for predators in front of a trail cam and go ahead and do it as long as I am not hunting. When I asked, there was no hesitation with an answer from them. It seems that every time baiting is brought up here and bears are in the conversation, members jump on it right away and say it is illegal. I am hoping to get feed back if anyone knows anything different, especially Big Tex.

It is currently legal to bait for cameras, but you can bet when Enforcement passes their no feeding wildlife laws things will change.
 
Remember the ten bears killed or relocated near Long Beach?

[woodman]

 
Remember the ten bears killed or relocated near Long Beach?
[/quote]

No, I do not know about this. Is it listed somewhere on this site?

[bobcat]

WASHINGTON DEPARTMENT OF FISH AND WILDLIFE
 NEWS RELEASE
 600 Capitol Way North, Olympia, WA 98501-1091   
 

June 29, 2010  Contact: Mike Cenci, (360) 902-2938      Ten bears removed from Long Beach Peninsula town OLYMPIA - Washington Department of Fish and Wildlife (WDFW) officers and biologists last week removed 10 black bears that had been fed by people from the town of Oysterville, on the Long Beach Peninsula in Pacific County. Five of the bears - female adults and cubs - were relocated to the Mount Rainier area. Another five were so dangerously habituated to people that they were euthanized. Meat from the euthanized bears was donated to an area food program. "I hope we never have to do anything like this again," said WDFW Enforcement Sgt. Dan Chadwick, who helped coordinate the bear removal in response to public-safety concerns about the growing number of bears in the area. "I've never seen such a concentration of bears in such a small area. It was completely unnatural and it was caused by people feeding wild animals," Chadwick said. A bear that learns to associate people with food is a potentially dangerous bear, and cannot be relocated in the wild, Chadwick said. "We can't risk human life by releasing a bear that would cause problems for other people," he said. "A fed bear is a dead bear. We keep trying to communicate that, to try to prevent situations like this one." The Oysterville bear-feeding situation apparently had been going on for some time before a complaint was made, according to WDFW officers.  Most, if not all, the bear feeding was conducted at one residence. The residents told WDFW officers they were spending $4,000 a year on dog food to feed the bears. Neighbors reported they became concerned when more and more bears showed up looking for food. The bears were so familiar around people that when a WDFW officer arrived on the scene, one of the bears crawled into the cab of his pick-up truck, said WDFW Deputy Chief Mike Cenci. "This was a tragedy for wildlife," said Cenci. "We were obligated to act to prevent a human tragedy as well."  Photos Click on photos to enlarge

[billythekidrock]

Thanks bobcat.
 

[champ41]

what about bear lure. can you use that? i saw it at cabelas and at a local outdoor store. could you put it out when you go hunting? 

[Machias]

what about bear lure. can you use that? i saw it at cabelas and at a local outdoor store. could you put it out when you go hunting? 

No

[huntnnw]

There are some guides who bait ID on the WA border and hunt bears in WA as spot and stalk and hunt the ID clients as bait hunts 

[cryfowl]

I have used the stick things you burn, as well as the anise oil attractant.  I have a few friends with Wildlife and I am guessing it comes down to the individual officers interpretation of the law.  The ones I know refer to bait as something that the animal can consume.  Of course, Bears do on occassion eat people, so just by walking out in the woods you could be considered baiting.

[sebek556]

I have used the stick things you burn, as well as the anise oil attractant.  I have a few friends with Wildlife and I am guessing it comes down to the individual officers interpretation of the law.  The ones I know refer to bait as something that the animal can consume.  Of course, Bears do on occassion eat people, so just by walking out in the woods you could be considered baiting.

had a game warden in SC tell me that doe estrus was baiting the deer.

[Machias]

I have used the stick things you burn, as well as the anise oil attractant.  I have a few friends with Wildlife and I am guessing it comes down to the individual officers interpretation of the law.  The ones I know refer to bait as something that the animal can consume.  Of course, Bears do on occassion eat people, so just by walking out in the woods you could be considered baiting.

had a game warden in SC tell me that doe estrus was baiting the deer.

Deer baiting is perfectly legal.

[Machias]

I have used the stick things you burn, as well as the anise oil attractant.  I have a few friends with Wildlife and I am guessing it comes down to the individual officers interpretation of the law.  The ones I know refer to bait as something that the animal can consume.  Of course, Bears do on occassion eat people, so just by walking out in the woods you could be considered baiting.

Trust me it does not have to be consumable to be considered bait:
 
(d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.

[h20hunter]

After my last trip to my DEER bait area I felt kind of like human bear bait. Walking thru the wet cob/corn fermented mix to get to my cam left my boots well covered with slimy smelly gunk. I figured after that I was a walking chew toy!

I think the incense would be legal as a cover or curiousity scent for deer but would be considered baiting for bear.

[sebek556]

its was on a millitary base where baiting deer is not legal, but I never considered scent a bait or even thought of it till he was trying to pull my hunting privilages on base. Luckly the head game warden said that scent is not baiting so i was ok. but on a side note putty out a 3d archery deer was legal?? lol hunting on base best of both worlds 2 goverment agencys trying to figure out one thing 

[billythekidrock]

I have used the stick things you burn, as well as the anise oil attractant.  I have a few friends with Wildlife and I am guessing it comes down to the individual officers interpretation of the law.  The ones I know refer to bait as something that the animal can consume.

Those tactics are against the law.
You would be surprised at how many folks at F&W don't know the laws.

[bigtex]

It really has to do with the placement of a substance for the purpose of hunting. Many people think it is illegal to hunt the area around the commercial bee hives that are often in the woods in the summer, that's not true. The bee hives are not their to attract bear for hunting. In fact many bee hive keepers want you to hunt the area around their hives because they are frequently attacked by bears which means a loss of $.

[billythekidrock]

Correct. Just like hunting an orchard....vs placing apples.

[Elkslayer]

Here's my  .
If you are putting bait, and or attractant's out for the purpose of attracting a black bear, and with the intention to shoot a bear with that bait or attractant then you are guilty of baiting black bears. However if you put out a bait or attractant with the soul purpose of attracting deer or elk and intend on hunting that stand for deer or elk and a bear comes in and you shoot it, then you are not guilty of baiting black bears.
This is the department's own definition of bait as it is in the hunting regs.

(d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.
In order to be guilty you have to be putting that bait out for the purpose of attracting black bears.

[BOWHUNTER45]

This happened to us once .. a buddy was baiting deer and someone saw the bait and called in ... after surrounding our camp they said someone said we were baiting bear and when they went to check it out ...guess what ? their was a bear on the bait .. so they tried busting my buddy but could not prove he was targeting bear but they also said if he shoots the bear near the bait it will be considered bear baiting .. So be careful because its easy to guess what they might do compared to what they will do !!

[woodman]

Many just beat around the bush here, let me ask Bigtex a straight up question. Bigtex, is it legal to bait bears to a trail cam without the intention of hunting. I think this is a yes or no question.

[Elkslayer]

Woodman,
The answer to your question is yes, you can bait bears to a trail cam all year long if you like and it is perfectly legal. What others are saying is simply be careful. Make sure you never go in the area with any type of weapon because if you do and someone sees you and turns you in the WDFW would interpret it as hunting and it would be up to you to prove that you were not. I would not even have a weapon in my rig if i were you. So as long as you are only baiting with the intention to take pictures you are 100% legal. "For now!"
 

This happened to us once .. a buddy was baiting deer and someone saw the bait and called in ... after surrounding our camp they said someone said we were baiting bear and when they went to check it out ...guess what ? their was a bear on the bait .. so they tried busting my buddy but could not prove he was targeting bear but they also said if he shoots the bear near the bait it will be considered bear baiting .. So be careful because its easy to guess what they might do compared to what they will do !!

This same thing happened to a person that I know this past year up in Pend Orielle County. The only difference is, he shot the bear. The game department found out and they came in and confiscated the bear and his bow and charged him for it. A few months later the charges were dropped. Prosecutor said they did not have a case against him. He had deer corn and a deer block out for bait. Now had he had something else out there such as apples, donut's, stale bread, or something that is normally used for the purpose of attracting black bears I'm sure the outcome would have been different.

[bigtex]

Many just beat around the bush here, let me ask Bigtex a straight up question. Bigtex, is it legal to bait bears to a trail cam without the intention of hunting. I think this is a yes or no question.

perfectly legal

[huntnnw]

I would venture to guess that close to 50% of bears harvested are guys baiting deer and a bear shows up.

[woodman]

Many just beat around the bush here, let me ask Bigtex a straight up question. Bigtex, is it legal to bait bears to a trail cam without the intention of hunting. I think this is a yes or no question.

perfectly legal

Bigtex,
 
Thank you for responding, your voice carries a lot of weight here. Not that others that have responded don't, but yours seems very official.

Woodman