Except as otherwise provided in these regulations or in the Fish and Game Code, resident game birds and mammals may not be taken within 400 yards of any baited area.
(a) Definition of Baited Area. As used in this regulation, “baited area” shall mean any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed, or scattered, and such area shall remain a baited area for ten days following complete removal
(b) Exceptions:
(1) The taking of domestically reared and released game birds on licensed pheasant clubs and other licensed game bird clubs;
(2) The taking of resident game birds and mammals on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting;
(3) The taking of resident game birds and mammals on or over any lands where shelled, shucked or unshucked corn, wheat or other grain, salt, or other feed have been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: provided that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.
When I hear bait I think food. Most people think food. Right? That’s understood and I am OK with that, but the regulation says nothing of scents and attractants… it says feed. I did some research and someone else asked the same question to CA DFG Q&A back in Nov. 2010. Carrie Wilson answered this question:
Can Scent Attractants Be Considered Bait?
Question: I understand the baiting issue, but I would like clarification on deer and elk attractant scents, like “Tink’s” or “BuckBombs”. There are also scents for bears, hogs and predators and I want to be in full compliance for whatever I’m hunting for. (Michael J., Mojave)
Answer: California Fish and Game Commission regulations do not specifically prohibit using the products you mention. However, the regulations do prohibit taking resident game birds and mammals within 400 yards of any baited area.
The definition of baited area is, “. . . any area where shelled, shucked or unshucked corn, wheat or other grains, salt or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed or scattered, and such area shall remain a baited area for ten days following complete removal of all such corn, wheat or other grains, salt or other feed.”
According to retired Department of Fish and Game (DFG) Captain Phil Nelms, scents sprayed into the air and allowed to disperse over a wide area in the wind generally do not fall within the definition of bait. Scent products that have to be applied directly to a surface such as a rock, tree or bush generally cause the game to come to that specific place, and if they feed on it, it is bait.
So, if the product you use causes the game to chew on, nibble at, lick, etc. the surface it is applied to, it is “feed” and as such falls within the definition of bait. In that case, you are prohibited from taking (e.g., hunt, pursue, catch, capture or kill or attempt any of those actions) game within 400 yards of that area.
So, I wrote to Marc from DFG about using scents and he responded with this:
Scented lures are legal for black bear. The caveat is that there cannot be any type of food reward associated with it. Typically, scented lures are paper strips that have some sort of chemical applied to them either with a spray or dropper. A vanilla scented candle is made of wax and is edible, therefore may be classified as bait. Your best bet would be to discuss this with the warden who patrols the area you hunt, as he or she would have the last say.
Only DFG employees may validate bear tags. Bear tags must be validated before the bear can be transported except for the purpose of taking it directly to the nearest person authorized to validate the tag.
It is illegal to feed or bait bears for the purpose of hunting them. It is illegal to hunt bear over bait, or within a 400-yard radius of a garbage dump or bait.
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