Hunting in Washington, exactly what is "baiting"

[persistentprogrammer]

Hi, I've posted this question to the WDFW, but no response. What is the 100% complete definition of "baiting" for us in Washington, or in general? I know we can bait deer and I've done it before, but I saw a huge black bear instead. It came within 50yds of the corn pile. I didn't have a bear tag and it was the first one I've seen. No doubt the bear was the one eating my corn all that season, especially since there was vomit from it overeating. I'll always be legal in what I do, but would it have been legal to shoot that bear, since it was only in the area, not over the bait pile?

1) Does the bear have to be lured to the bait pile, then shot to constitute it being baited
2) Can I have a pile setup preseason and not hunt near it, hoping to keep a bear in the area
3) What about scents, lures, decoys
4) Can I bait for deer and if there's a bear, just hunt it down on a different trail (almost like #1,2)

I'm confused and a bit weary of our laws.

[Varmint Hunter]

In general:

If you put out a food source and use it for hunting purposes, even if you're on a trail rather than at the bait - you are baiting.

If you put out a food source and don't use it for hunting - you are feeding. However, anyone else hunting near your "food" could be considered to be hunting with the aid of bait. It doesn't matter who puts the bait down.

[JJHACK]

I have spoken to WDFW on this many times now. It's not illegal to place a bait out for coyotes, so you actually have to be caught in the act of shooting a bear off an unnatural bait. It would be Okay if you were to shoot a bear off of a dead deer/elk/animal that died of natural causes. It would also be legal to shoot a bear out of a berry field, or on a farm where corn and or Wheat grows.

I was told in no uncertain terms that a lure is absolutely Okay. The definition of bait is something that the bear can eat. Lure is just fine. If it eats your lure your breaking the law. In several instances I have been told that the decision to write a ticket is left to the officer. So if he thinks your a smart ass and skirting the law, you can probably expect a ticket.

One pointed out to me that if anyone sees or finds what your doing then you're probably not gonna have much success anyway. It's the successful hunters that remain invisible to everyone when they lure or call bears.

So this does not clearly answer this because it's only as valuable as this post. It's what I've been told by enough different Officers that I believe I could easily lure in a bear near and agricultural area without much effort and nobody is ever gonna know what I'm doing anyway.

If your dumping a pile of donuts with wrappers, cans, bottles, and store garbage and somebody finds it they will be watching and when you drive away with a bear in the truck, you're busted. If on the other hand you keep a clean bait and shoot coyotes off it your not breaking any laws.

[bscman]

IF you want a serious, well defined ruling on what is considered baiting I have an email address for a WDFW agent for you (PM me for it if interested). He WILL respond, and will do so in a timely manner. I've conversed with him several times.

As for the actual law regarding baiting:

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.
....................

   (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.
...........................
 (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.


{The "........" are where exceptions are listed....I did this in an effort to be brief. Essentially, it just says the WDWF can issue special permits, or are authorized to bait if required as an exception to the law}


You can see that, unlike many other states that have banned baiting, Washington's definition is pretty broad.
In other states, you'll find the terms "that can be ingested" in the laws, but this isn't the case in Washington's written law.

I would get an official "ruling" from a qualified agent, as I've heard others (not WDWF Agents) in the past say that you're okay to use scents--just nothing a bear can eat. Lawfully, though, the books don't say this.

My honest opinion?
Don't eve try it..it's not worth losing your license for 5 years, and putting some bad marks next to your name. Don't forget they have a right so seize anything that was used in the effort as well, which includes rifles, hunting gear, your truck, etc.

Now, also notice that the law doesn't say anything about "natural" bait sites...which would include dear/elk carcasses or "dressings" from other hutner's success. You could set up around these and hope for a bear to come around--but as soon as you move or touch 'em, you're committing a crime.

Your best bet is to find the berries...you'll find the bear. Try higher elevation huckleberry/blueberry fields in early season, then move lower to the blackberries as the season progresses. Berry patches are great natural "bait" sites. Just don't collect berries and pile 'em up in an area--as that WOULD constitue baiting.

[persistentprogrammer]

Wholly Smokes, they covered it all. I guess my only choice is to start wearing Vanilla cologne  .

Thanks for the advice and specifics.

[bscman]

I've always wanted to try this--and it might just be something to ask about.

You can buy small candle-powered "stoves" for cooking in the backwoods....mostly for bacon, eggs, and little stuff. I've often been tempted to set up a stand in an area I know bears frequent, then begin to cook breakfast.

Not sure how DFW would view this, but how could the bi-product (scent) of your early morning meal could be considered "baiting."

Realistically, it probably wouldn't work....and increased the off chance of a fire....but I'm confident you could do it quiently and make a reasonable amount of *stink.*

 

[persistentprogrammer]

I contacted a WDFW feild office and their response was exactly as you stated above, they reasured me that they're there for us and would be happy to answer any questions. I feel I have clarity on the subject and I've decided to start calling them in with fawn bleats and/or a sow call. I read a couple of posts and calling seems to work almost too well. Every year I see more and more bear sign, I'm happy to see the population high.

As a last resort I'm going to set my 10 year old out in the woods without his Nintendo and hand him couple of juicy hamburgers. I bet the complaining alone will draw in a curious bear. 

[bscman]

Calling can be very effective, and one of the better routes to take in Washington.

My first choice will always be hunting the berries, but I do enjoy calling cats and coyotes. I have had one bear respond to a call--I was on the stand for ~40 minutes before it showed....just a small guy, though and I wasn't packing much rifle.
To be honest, I wasn't expecting a bear at all--most of the area's I call show very little bear sign.

The one thing I will caution is to pay close attention, especially if using a sow or cub bawl call, for cubs. Many times a mature female will shoo the cubs and respond to the call alone....you don't want to shoot a sow with young cubs in tow!

Otherwise, my only other real advice is just be patient--especially if you're on the west-side of the state. Thick timber and brush means it'll take time for them to respond.

Good luck--there truly are a LOT of bear in this state!