Bear Baiting Legal?

[Shannon]

What is the latest with this?http://www.citizenreviewonline.org/june2004/bear.htm
I heard a little bit about it a few years ago but nothing new. Just curious. I would think that if the baiting initiative was done incorrectly I would think the same would hold true for hound hunting on the same initiative. Anyone have any new news?

[Coasthunterjay]

kind of sounds like the judges think it should be lkegal, but sounds like Fish and wildlife are the only ones that care.......

still stated in the regs though.......No baiting of bears, so untill it says otherwise im a straight arrow!

sure would like to bait if i could though!

[Abolt338]

I wonder where this stands now since the district court ruling makes perfect sense.  When you have a statewide public initiative it MUST encompass only ONE issue.  The initiative banned bear baiting and hunting with hounds, which are TWO issues and thus one can argue that some folks voted on hound hunting while some others voted on baiting and the combined total is what passed the ban.

This type of issue was replayed when the state passed another public initiated concerning certain traps as well as certain types of poison.  I believe the State Supreme Court ruled in favor of the initiative in that particular case (though I believe they were wrong).

We'll just have to wait and see.

RW

[HEADSHOT]

it is illegal to bait bears during hunting season! but is it illegal to put biodegradable food in the woods? Meaning say you have a left over food pile in the woods and bears start coming into it! A few weeks before august 1st you add some vanillia to the left overs then the day of the season you pour vinillia in the area the food was? You have stoped throwing your left overs away, and are using a scent to attract and hopefully harvest your animal! Is this legal?

[PolarBear]

Nope.  The use of bait or any other attractants, including scents is illegal for bear.

[ThePascoKid]

doesn't sound like a ticket would hold up in court to me, but it sure would cause you a lot of hassle.

[Tall Chief Hunting Club]

if i remember correctly....you may use any scents you like for bears but it can not be anything they can eat or taste

[billythekidrock]

if i remember correctly....you may use any scents you like for bears but it can not be anything they can eat or taste

Scent is against the law.

[DeKuma]

Can you just cook bacon in the morning and slobber ot all over yourself?  Is that still legal?

[bucklucky]

Just happen to let the bacon grease drip all over the tree you tree stand is in

[ICEMAN]

Bring it with you.....mmmmmmmm, bacon, egg and syrup sandwich.....

[Tall Chief Hunting Club]

if someone could please point me to a page or location where i can read that scent is illegal i would appreciate it.....there is nothing that i can find in the regs.....if it is illegal then i have come across some mighty powerful perfume on some people in the woods

[robodad]

It would seem kind of dumb to put scent on anyway after all you don't want a bear getting that close to you don't you think ??   

And if you put the stuff on a rag on the ground 20 yds away it would be considered bait then wouldn't it ?? 

[WDFW-SUX]

Here is the abomination........



RCW 77.15.245
Unlawful practices -- Black bear baiting -- Exceptions -- Illegal hunting -- Use of dogs -- Exceptions -- Penalties.
(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.

     (a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety.

     (b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland.

     (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes.

     (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.

     (2) Notwithstanding RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to hunt or pursue black bear, cougar, bobcat, or lynx with the aid of a dog or dogs.

     (a) Nothing in this subsection shall be construed to prohibit the killing of black bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the director.

     (b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, capture and relocation, of black bear, cougar, bobcat, or lynx for scientific purposes.

     (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the killing of black bear, cougar, or bobcat, for the protection of a state and/or federally listed threatened or endangered species.

     (3)(a) Notwithstanding subsection (2) of this section, the commission shall authorize the use of dogs only in selected areas within a game management unit to address a public safety need presented by one or more cougar. This authority may only be exercised after the commission has determined that no other practical alternative to the use of dogs exists, and after the commission has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations.

     (b) The department shall post on their internet web site the known details of all reported cougar/human, cougar/pet, or cougar/livestock interactions within ten days of receiving the report. The posted material must include, but is not limited to, the location and time of all reported sightings, and the known details of any cougar/livestock incidents.

     (4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the department shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and order the suspension of wildlife hunting privileges for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.


[2005 c 107 § 1; 2001 c 253 § 31. Prior: 2000 c 248 § 1; 2000 c 107 § 260; 1997 c 1 § 1 (Initiative Measure No. 655, approved November 5, 1996). Formerly RCW 77.16.360.]

NOTES:


Effective date -- 2000 c 248: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2000]." [2000 c 248 § 2.]


Severability -- 1997 c 1 (Initiative Measure No. 655): "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 1 § 2 (Initiative Measure No. 655, approved November 5, 1996).]

[Gutpile]

Thanks alot Passion. Life was just a little happier before I read that!  I would have bet money that scents were ok. I used some Anise a few years back but don't anymore it just got everywhere and I hate the smell. I would have thought nothing of useing scents. 

[Tall Chief Hunting Club]

that sucks....i would have bet that scent was legal. i guess i will back out of areas where i know i can smell vanilla or attractants. i have come across smells and poeple a few times inthe 460 unit....not goo. besides i don't usually need scents to get bears close. i have yet to shoot a bear that has been more than 15 feet from me. they like to get real close for some reason

[WDFW-SUX]

460 is ground zero for shady hunters

[Tall Chief Hunting Club]

ouch....that hurts...lol. there are a few good ones but i have come across some idiots...must be a king county thing

[HEADSHOT]

thats a bunch of crap and they wonder why bear and cougar are on the rebound! Been hunting the west side of wash/or. for 15+ yrs and have only seen 2 cats in washington and 7 on the oregon coast! Bear on the other hand depending on the area can be a daily sight! The bad thing is, take the dogs n bait out of the woods and the critters numbers increase! scents should be legal! Baiting "placing food" should be reconsidered! Oh well my opinion doesnt matter, but I wonder where are you supposed to use all the chemical attractants "cover scents" at? If they are illegal?

[billythekidrock]

take the dogs n bait out of the woods and the critters numbers increase!

I have to disagree with this one statement. We are killing more bears now then we did before and the population is still increasing. It has nothing to do with the lack of bait or hounds. It is (was) sound management by F&G and sportsmen that allowed the population to grow into a large breeding base that now expands exponentially.

[HEADSHOT]

Okay sound management was the same 10 yrs ago, the difference is when you use bait an attractant and or dogs breed to track, I feel your chances are greater at taking a bear or cat? Yes sound game management is a reason for all game on the rise, but all I was saying maybe "misunderstood" I saw more animals by dog n bait then I ever saw by tracking or spotting. Not to say anyone is wrong....

[billythekidrock]

I definately saw more bears before the ban. I think that most of them were traveling back to their hiding spots after being chased.

[Bofire]

I don't think using cover scent,on your body, is illegal. BUT call your local office of Game Dept. first. A few years ago a Lady lawyer fought a case where a guy was using cover scent, on his body, and won.

She argued that a guy cooking in camp carried scent on him, a woman in her time has a scent, even a guy camping for several days without bathing facilities carries a scent. Does that mean they are baiting?
Anyway she won the case and her argument was used to win other cases.
Carl

[robodad]

I agree with you Bofire but I don't think I would want to be caught with attractant on me ever in the woods while hunting for cougars or bears, it just don't seem too safe IMO. Nevermind the GW it is the game I would worry about especially if I were to take a little nap or something. 

I think the law is for spreading the stuff for the purpose of attracting them or intentionally placing a substance out for the purpose of hunting over and not necessarily for what kind of perfume you prefer !!!

[DeKuma]

You don't like Cologne de Bacon?

[Coasthunterjay]

i would still like an absolute answer because now that this comes up it makes it very vague, and ide love nothing more than to bait some bears........hell yah!

[robodad]

i would still like an absolute answer because now that this comes up it makes it very vague, and ide love nothing more than to bait some bears........hell yah!

OMG !! OK, NO BAIT.

How's that 

If you want to put a doughnut or two in your pocket, that is up to you, the law does not say you cannot pack a lunch, if you take the doughnuts out of your pocket and set them on a stump it is illegal.

Same with scents, if you want to attract a cougar to you by placing scent on your body then you are an idiot IMO but legal, squirting it on a trail or bush or stump or whatever would be illegal.

[Bofire]

Call the game agent in the area you are gonna hunt Jay. What I do is use a scent that cant be an attractant, like Cedar, dirt, fir etc. no berry, vanilla, anise, bacon or anything like that.

I like to spray some around me and the caller.
Carl

[bearmanric]

most gamewarden's are going to bust you if you have scent on you even elk one told me. that is what i use to spray around when bear calling. not now go ahead and fight it. cost those bunch of guy's that baited up on the coast big money. they had scent on there feet. it's funny how preople say i will fight it. first they take your gun. that is at least $450.00 you dont get it back. gamewarden's are alot different now. not friendly. you would be surprised at all the thing's they could bust us for. need a laywer with you now day's. i spot and stock and call. i'll try fir or ceder for a cover help's a little. Rick

[ThePascoKid]

it would almost be worth it to have them smell the elk piss on your boots,  almost.

[rasbo]

I guess a bacon thong is out of the ?

[Timberlineduke]

Here is the abomination........



RCW 77.15.245
     (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.

     As a matter of fact.......it could be read into this...that if you happen upon an unoccupied bait area, or an area that has a natural food source, but was moved or piled up.....and you hunt over one of these areas....you could be quilty of baiting.

Case and point: A young kid has permission to hunt geese in a farmers potatoe field.....but a day or two before....the farmer gets a truck full of potatoes stuck in the muddy field while on the way out with a load.....the only way to get the truck out is to dump the load of potatoes in the field and pull just the truck out with a tractor......two days later...the kid shows up to hunt geese.....sees the load of potatoes in the field and that it's attracking geese.....so he uses the potatoe pile as a blind and slays them......lo and behold....here comes one of our agents and tickets the kid for hunting over bait. Takes his geese, his gun and leaves him with a ticket. The kid finds a lawyer who is also a hunter to defend him in court.......the kid mows.....weedeats....split wood for the lawyer in order to pay him back somehow........they go to court.........lost......$500.00 fine.....a hunting violation on his record and no gun.

Now tell me that a hunter can know that by reading that RCW.......not a very warm and fuzzy feeling about what is given to us in our Game Reg's.