Question

[D-Rock425]

#1 would not be baiting but I think without a doubt if you got caught shooting a bear over your own gut pile me game warden is not going to be happy with you.

[bentley30-06]

Both of these scenarios relate directly to natural predation, which states that the predators may or may not kill their prey prior to feeding on them and consuming them, and you would not be at fault for either since you did not drag the carcass to a desired hunting location, with the intentions of baiting a bear, and dispose of it.  If you had more than one carcass in there in the same place then you might find yourself in a little heat with the officer.  However, depending on your rap sheet, a truthful hunter should be able to successfully plead his case.  It is just a form of natural predation and is completely legal. I do often check my gutpile for any predators though......

[windygorge]

its funny how everyone breaks down and analyzes bear baiting.  baiting is a premeditated scenario for the purpose of killing a bear........hopefully a big one.   until it says in the regs that a carcass or any other natural occuring food source cannot be used to entice a bear for a shot, then by all means do it.  you are not making scheduled drops of glazed donuts, fat, bacon grease, bread and molassas.....oh im gettin hungry...to a site that you have designated as a "bait site".    quit psycho-analyzing everything.  if you don't think its legal, well then you are thinking too much.  plain and simple.......if it is not written down...word for word...THEN ITS LEGAL!!!!!!!   

[kbyers]

I think in either situation it would be tough to prove that you were baiting, especially if the officer didn't see you put the carcass there. Unfortunately i think the burden of proof would be on you not him.

The burden of proof is supposed to always be on the state.

This is similar to a duck hunting problem that we have.  Walla Walla river delta is a great place to hunt but due to a rule change a couple years ago have limited the area that we can "legally" hunt.  The area in in a natural fly way between 2 refuges.  There is also a grain elevator that is used to load barges.  3 years ago I think it was the regs changed and stated something to the effect of you must be a "reasonable" distance away.  Nothing specific give.  different LEOs enforce the regulation differently.

Thanks again Washington for another clear hunting regulation.

[OlympicElkJunkie]

In both situations you could potentially argue with a warden and get away with it or argue with a warden and not get away with it... just depends on there mood

As a rule of thumb, in dealing with any law enforcement officer, I would caution anyone against arguing with them. First of all, they are not there to judge the case, only to collect evidence against you. Secondly, anything you say can and will be used against you. He won't be looking for the merits in your argument, only the holes.

You generally only make legal arguments in front of a judge. The arguments on the side of a road or in the woods or in an interrogation room are never won.