#1567750 - 03/26/1409:10 AM
Re: Hunting near someone baiting
[Re: deep callin]
EnCon Police Moderator
Registered: 03/01/04
Posts: 3899
I know nobody on this site would do it, but there are hunters out there who are not ethical, who will figure they can get away with baiting by putting bait on adjacent property and set up their firing lanes to target deer/turkey that are going to move towards the bait across the property they have permission for. When we catch them they all say the same thing....they didn't put the bait there and they didn't know it was there. I've let people in on a little known secret that cops know......people lie to us all the time. (That doesn't include anyone on this site...all CTF members are 100% ethical all the time and would never lie to us.) So, if we tend to take a hard line on things or tend not to believe people a lot of the time when they tell us things, like they didn't know the bait was there, it's based on past history and experience.
It all comes down to you knowing the bait is there. The OP was asking about a small parcel of land. The bait may not be on the property being hunted but if the bait is close enough to the property so that it can be seen and is within range, then a case could be made for hunting over bait. I'm just trying to err on the side of caution as I don't want to seen anyone get jammed up over something like this. We don't tell our officers when they should or shouldn't make arrests. That's up to them based on what they see or find in the field. I would be willing to bet that if you were on a 2 acre piece of land and could see bait on an adjoining piece that was within range, you would get arrested. If you want to hunt in an area adjacent to what amounts to bait which even though it's not on the property that you are hunting can draw deer or turkey in, go ahead, it's on you. If you don't know the bait is there and you can't see it from where you are hunting or it's so far away that it's not in range, then it's not an issue.
As far as someone being on the property you are hunting walking their dog or feeding wildlife on that property, if the property owner doesn't have a problem with it or doesn't want to deal with it then you're stuck.
Sec. 26-66-12. Wild Turkey Seasons, Bag Limits, Firearms, Ammunition, Archery Equipment, Methods, Permits, Tags and Reporting(c) Method of take (3) No person shall take or attempt to take any wild turkey with the aid of real or artificial bait; over any baited area; with the use of electronic amplified turkey calling device or live decoy.
Sec. 26-82. Killing of deer regulated..... No person shall make, set or use any trap, snare, salt lick, bait or other device for the purpose of taking, injuring or killing any deer, except that deer may be taken over an attractant in areas designated by the commissioner. For the purposes of this section, an attractant means any natural or artificial substance placed, exposed, deposited, distributed or scattered that is used to attract, entice or lure deer to a specific location including, but not limited to, salt, chemicals or minerals, including their residues or any natural or artificial food, hay, grain, fruit or nuts.