Trapping bait illegal in Washington??

[bearpaw]

The key word in the washington laws is "edible", you can't use the "edible" parts of game. This was discussed in another topic not long ago about baiting on national forest, I think the language was posted there.

[bearpaw]

http://hunting-washington.com/smf/index.php?topic=92639.30   reply #41

It is not illegal to leave trail cameras on public land (to include USFS, DFW, or DNR). Baiting for deer and elk is not illegal either.
 
USFS can cite for state violations by using the federal venue as they have essentially incorporated our laws by reference (see 36 CFR 261.8a – State law violations occurring on Federal property……abbreviated title). Forest Service Law Enforcement Officers are also considered ex officio State Fish and Wildlife Officers and can address violations of state fish and wildlife regulations in a local venue. Generally, violations of state law are referred to our Officers.
 
Hope this helps. – OG

[Elkaholic daWg]

I just got off the phone with the trapper who had the incident with the agent.  There were apparently calls made back and forth since my first post.  The agent is now conceding that there isn't a state law that would disallow the use of bait, but the agent said there is a law against feeding wildlife on forest service lands and he could have the forest service cop write him a ticket.  I think the agent is blowing smoke.  The Federal Government does not have the authority to set hunting/trapping/fishing seasons or means and methods.  That is left to the States.  There are a couple of exceptions; such as for migratory birds.  I would chalk incident this up to: a young, new, over-zealous agent.

That needs to be in a different line of work. If he writes it, you will have to go to court. No money lost there, eh?

[Humptulips]

The law is pretty clear that bait is  legal.
Next time ask him to quote the statute.

Here is what the law says from: ( I highlighted the applicable section.)

WAC 232-12-141

 (1) The trapping season authorizes the taking of furbearing animals for their hides and pelts only. Furbearers may not be taken from the wild and held alive for sale or personal use without a special permit pursuant to WAC 232-12-064.

     (2) Any wildlife trapped for which the season is not open shall be released unharmed. Any wildlife that cannot be released unharmed must be left in the trap, and the department of fish and wildlife must be notified immediately.

     (3) Lawfully trapped wild animals must be lethally dispatched or immediately released. A firearm may be used to dispatch trapped animals.

     (4) It is unlawful to trap for wild animals:
     (a) With body-gripping traps, EXCEPT as provided for in subsection (b).

     (b) Conibear-type traps in water, nonstrangling foot snares, and padded foot-hold traps may be used for the following purposes with a permit issued by the director:

     (i) To protect public health and safety, in consultation with the department of social and health services or the United States Department of Health and Human Services.

     (ii) To abate damages caused to private property, domestic animals, livestock or timber, that cannot be reasonably abated by nonlethal control tools. Any person requesting a damage control permit must apply in writing, stating the threat or damages, the nonlethal control methods attempted or why they cannot be applied, and agree to use the above traps for no more than thirty days under the permit granted.

     (iii) To protect threatened or endangered species, if such traps are used by department employees or agents.

     (iv) To conduct wildlife research, EXCEPT that Conibear-type traps are prohibited for this purpose.

     (c) Unless kill traps are checked and animals removed within seventy-two hours.

     (d) Unless animals captured in restraining traps (any nonkilling set) are removed within twenty-four hours of capture.

     (e) Using game birds, game fish or game animals for bait, except nonedible parts of game birds, game fish or game animals may be used as bait.     (f) Within thirty feet of any exposed meat bait or nonedible game parts which are visible to flying raptors.

     (5) Game bird feathers may be used as an attractor.

[UrbanTrapper]

1.  Where does it say baiting for deer is illegal?

2.  Would it be illegal to use a live non-game fish in a submerged otter cage trap?

[Humptulips]

1.  Where does it say baiting for deer is illegal?

2.  Would it be illegal to use a live non-game fish in a submerged otter cage trap?

Baiting deer is legal from what I understand.

Interesting thought on the live fish. I have thought about it but never pursued the idea.  Thought I would look and see what you could use.
Here is the list of game fish.

 rock bass
 lake white fish
 blue catfish
black bullhead
yellow bullhead
brown bullhead
channel catfish
 green sunfish
pumpkinseed
warmouth
bluegill
 burbot or freshwater ling
smallmouth bass
largemouth bass
 kokanee or silver trout
yellow perch
white crappie
black crappie
mountain white fish
golden trout
cutthroat trout
rainbow or steelhead trout
Atlantic salmon
brown trout
eastern brook trout
Dolly Varden trout
lake trout
Walleye
arctic grayling

     (2) Private sector cultured aquatic products as defined in RCW 15.85.020 are not game fish

Here's how the law reads:
(4) It is unlawful to trap for wild animals:
(e) Using game birds, game fish or game animals for bait, except nonedible parts of game birds, game fish or game animals may be used as bait.

It would seem if it is not on that list you would be good to go.
A lot of fish are defined as food fish but it would seem to be legal to use food fish for bait. They would have to be legally taken.

I find it strange as I thought it would be illegal to use something like a King salmon or sturgeon or even a crawfish. But it looks to me like they would be legal to use as bait alive or dead.
Feel free to set me straight if I'm wrong.

[bigtex]

The Federal Government does not have the authority to set hunting/trapping/fishing seasons or means and methods.  That is left to the States.  There are a couple of exceptions; such as for migratory birds.  I would chalk this incident up to: a young, new, over-zealous agent.

100% INCORRECT.

Federal agencies can decide laws and regulations regarding to trapping/fishing/hunting on their lands. For example, while coyote hunting is open statewide, it is closed on USFWS refuges in WA.

If the USFS wanted to they could ban hunting or methods of hunting on their lands, and in some areas in the country they have restricted hunting access, mainly due to public safety issues.

So to say that the feds have no control over hunting methods/seasons is incorrect.

[pnwmtnmn]

Differnet agencies in the same big confusion.
The Game Warden said he could have the forest service cop write him a ticket.

You are citing US Fish and Wildlife Services different entity. The USFWS in Washington does not allow ANY trapping on any of the refuges in the State. They call in the USDA trappers if they need help.

[bearpaw]

1.  Where does it say baiting for deer is illegal?

You can legally bait deer....