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Author Topic: What is considered bait?  (Read 2774 times)

Offline Bogie85

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Re: What is considered bait?
« Reply #45 on: June 18, 2021, 12:44:57 AM »
Washington has some pretty goofy rules for hunting and fishing. Makes it difficult to figure out for the Ďnewbiesí that either move here or are just getting into hunting. After a decade or so you start to get a Ďfeelí for it!
🤣🤣🤣🤣🤯

Seems about right lol, I am 5 years into hunting and hunting Washington. The mud is slightly clearer,  :chuckle: :chuckle: :chuckle:

Offline hunter399

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Re: What is considered bait?
« Reply #46 on: June 18, 2021, 05:31:42 AM »
I'm fully aware that most guys that are baiting deer and elk don't want anything to do with baiting bear. Most of us really don't want bears there at all. Eating the food that you lay out for the deer and elk.

With all this talk about it. I'm going to throw a few thing into the pot. I'm not encourage illegal acts.
With that said.......
Can a warden read your SD card.
Is your cam in a lock box.
Is there pics of yourself dropping bait at your site.
Is your bait just salt or mineral or are you dropping sweet cob and deer blocks,Apple scented corn.
Do you post everything you do on Facebook,huntwa,internet ECT.

I ask these because Alot of wardens are not gonna put the time and energy into it.But they will use evidence that is already at your bait site.
With that on the table I believe in accountability,you are responsible for your own actions.

Now ask yourself is it worth it.........
 gross misdemeanor:
A gross misdemeanor is any crime that isn't classified as a plain misdemeanor or a felony in Washington. The maximum punishment for a gross misdemeanor is 364 days in county jail and/or a fine of up to $5,000. Examples of gross misdemeanors include: violating certain provisions in a domestic violence protective order.
Loss of hunting privaleges for 5 years ,possibly your rifle or bow taken as evidence.

Now just to keep this topic going ,I have heard in certain circles of friends. About this person shooting a bear from there deer stand Durring bow season.Im sure it has happened Durring rifle and muzzy as well. Just not enough enforcement to watch the thousands of bait sites all over Washington. I don't believe anybody is baiting bears till the second they drop the hammer on a bear at a bait site.All it takes is that one time that your site is being watched.
« Last Edit: June 18, 2021, 05:37:54 AM by hunter399 »
Two birds in the Bush is always better than one in the hand-that way you can always go to the Bush and hunt another day .conservation=Better hunting.
Wrote by hunter399

Offline Skyvalhunter

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Re: What is considered bait?
« Reply #47 on: June 18, 2021, 05:37:46 AM »
More so it takes someone to complain about your site and that you are baiting bears. Thats because there isn't enough wardens for them to be out looking for baiting sites. They are too busy with office work and have very little time in the field these days or like I see them doing near me just sitting in the shade in their trucks.

Offline hunter399

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Re: What is considered bait?
« Reply #48 on: June 18, 2021, 05:44:20 AM »
More so it takes someone to complain about your site and that you are baiting bears. Thats because there isn't enough wardens for them to be out looking for baiting sites. They are too busy with office work and have very little time in the field these days or like I see them doing near me just sitting in the shade in their trucks.
Totally agree .......
Enforcement is stretched thin.
I would rather see enforcement worry about some other issues than deer and elk bait sites.
But we all know you might have one warden look the other way or not give a rats @$!. Then some want first blood and will bend you over for anything.
Two birds in the Bush is always better than one in the hand-that way you can always go to the Bush and hunt another day .conservation=Better hunting.
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Offline dilleytech

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Re: What is considered bait?
« Reply #49 on: June 18, 2021, 09:13:02 AM »
To throw another wrench into this discussion. Letís say youíre out huntin,you see bear sign so you sit down and start blowing on your rabbit in distress call. Bear comes running in you shoot it. Just so happens that bear was eating on someoneís deer bait that you were unaware of. Did you just break a law? I assume a warden would say your fine but how do you prove you actually called him in? I think the majority of the time you just donít have to worry about these small things in the laws. If your obviously baiting bear for the purpose of harvesting bear you will get nailed if caught. But how do you get caught? Someone turns you in. What are the odds of that?

If a bear walks by me when Iím out walking in the woods Iím shooting it. If they say that bear was going to a bait Iíll see them in court and likely I will win. But a good warden wouldnít even bother because he probably knows the majority of bears in this state get killed on this sort of fashion and who cares really.

Offline Stein

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Re: What is considered bait?
« Reply #50 on: June 18, 2021, 09:21:34 AM »
To throw another wrench into this discussion. Letís say youíre out huntin,you see bear sign so you sit down and start blowing on your rabbit in distress call. Bear comes running in you shoot it. Just so happens that bear was eating on someoneís deer bait that you were unaware of. Did you just break a law? I assume a warden would say your fine but how do you prove you actually called him in? I think the majority of the time you just donít have to worry about these small things in the laws. If your obviously baiting bear for the purpose of harvesting bear you will get nailed if caught. But how do you get caught? Someone turns you in. What are the odds of that?

If a bear walks by me when Iím out walking in the woods Iím shooting it. If they say that bear was going to a bait Iíll see them in court and likely I will win. But a good warden wouldnít even bother because he probably knows the majority of bears in this state get killed on this sort of fashion and who cares really.

You wouldn't be breaking the law.  If you were ticketed you would have the option of paying it or going to court and having the state prove you intentionally baited the bear.

Offline hunter399

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Re: What is considered bait?
« Reply #51 on: June 18, 2021, 01:43:47 PM »
To throw another wrench into this discussion. Letís say youíre out huntin,you see bear sign so you sit down and start blowing on your rabbit in distress call. Bear comes running in you shoot it. Just so happens that bear was eating on someoneís deer bait that you were unaware of. Did you just break a law? I assume a warden would say your fine but how do you prove you actually called him in? I think the majority of the time you just donít have to worry about these small things in the laws. If your obviously baiting bear for the purpose of harvesting bear you will get nailed if caught. But how do you get caught? Someone turns you in. What are the odds of that?

If a bear walks by me when Iím out walking in the woods Iím shooting it. If they say that bear was going to a bait Iíll see them in court and likely I will win. But a good warden wouldnít even bother because he probably knows the majority of bears in this state get killed on this sort of fashion and who cares really.

You wouldn't be breaking the law.  If you were ticketed you would have the option of paying it or going to court and having the state prove you intentionally baited the bear.
Agreed no not breaking any laws.
But if some circumstances change maybe.
Basically a few things have to happen.

1) You have to set bait.(doesn't matter intended target animal)
2)Be actively hunting bear within a reasonable distance to bait.(Harvest of bear is pretty hard to lie and say not hunting bear)
3)Warden has to prove you did these things.By witnessed it or trail cam or whatever.

So like the story above if a warden could prove those where your bait sites and not just someone's bait site.
That's the difference in the story illegal vs legal.
These are reasons basically to try an avoid being on someone's game came or bait site cam,with bait in your hand.
There are Alot of cams out from Johnny law to timber company's,on and on .I try as hard as I can to avoid others cams.
Two birds in the Bush is always better than one in the hand-that way you can always go to the Bush and hunt another day .conservation=Better hunting.
Wrote by hunter399

Offline hunter399

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Re: What is considered bait?
« Reply #52 on: June 18, 2021, 01:56:40 PM »
I'll throw down a story.
You set a trail cam with salt out today.
Then you go back to check end of July notice you have way to many bears.
Go back August 1 within a 1/4 mile of your cam setup and start blowing a distress call.
Bear come in you shoot it.

End of July warden noticed your truck and finds your cam download pics of you at the site.
Comes back August 1 and see your pickup decided to walk in and talk with ya after hearing a shot.
August only Big game open is bear.

Are you legal vs illegal and why!
To add bear was shot exactly 1/4 mile from bait site,your case and blood show the warden where bear was and from where you shot from.
Salt is a bait.

Tell you guys truth I don't know answer.
« Last Edit: June 18, 2021, 02:14:21 PM by hunter399 »
Two birds in the Bush is always better than one in the hand-that way you can always go to the Bush and hunt another day .conservation=Better hunting.
Wrote by hunter399

Offline Stein

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Re: What is considered bait?
« Reply #53 on: June 18, 2021, 06:52:49 PM »
Warden did an illegal search and seizure to get the pics.

That said I wouldnít bait if there was any chance of bear hunting.


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Offline hunter399

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Re: What is considered bait?
« Reply #54 on: June 19, 2021, 01:05:28 PM »
Warden did an illegal search and seizure to get the pics.

That said I wouldnít bait if there was any chance of bear hunting.


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I don't know if warden checking someone's SD card
Would be illegal search and seizure .
Since your game cam is on public land.
Maybe on private land you could say that.
I really don't know though I'm not a lawyer.
That was something I didn't really think about.
That's another circumstance
Two birds in the Bush is always better than one in the hand-that way you can always go to the Bush and hunt another day .conservation=Better hunting.
Wrote by hunter399

Offline Stein

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Re: What is considered bait?
« Reply #55 on: June 19, 2021, 01:18:12 PM »
I don't know if WA has any case law or supreme court rulings on it, but other states confirmed a digital camera is the same as a cell phone - no search without warrant regardless of where it is.

Of course, the warden could come up with probable cause whether that's legit or not depends on the warden.

 


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