Referencing a question I asked on 7/14/14, "Using Salt/Mineral licks to "scout" for deer and elk," Blake Phillips said it was legal to bait for deer and elk as long as you are using the bait for photography, wildlife viewing or scouting activities, provided, you don't hunt directly over the baited location.
Is it then legal to do the same thing for black bears (I don't see why they would be treated any differently than deer and elk)?
Mr. Phillip's answer essentially allows for baiting of black bears (or any big game species for that matter) anytime for photographic purposes as long as you don't hunt over the location. It would also be nice to clarify this "loophole" in the regulations. The way they currently read, attracting any big game (other than black bears with a valid baiting permit) is unlawful regardless of intent to harvest over the bait.
Answer:
Thanks again for your question regarding baiting.
The answer to your question is that bait can be placed for all big game on private property with permission from the landowner if the purpose is for wildlife photography and viewing only. In contrast, baiting for photography and viewing on public lands (Forest Service, BLM etc) could be illegal as it would or could be considered to be littering. You must contact the land management agency for rules and regulations regarding placing bait on public lands for the purpose of Wildlife viewing or photography. Game animals harvested over this salt or any bait wether on private or public lands would be taken unlawfully (exceptions apply for bear baiting).
Regulations regarding bait and baiting can be found on pages 69-70 and 97-98 of the 2014 Big Game Regulations. The following Idaho statute might help with clarification, it states:
IC 36-202 (j) "Hunting" means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, shooting at, stalking, or lying in wait for, any wildlife whether or not such wildlife is then or subsequently captured, killed, taken, or wounded. Such term does not include stalking, attracting, searching for, or lying in wait for, any wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures thereof.
Feel free to give me a call if you would like to discuss further. Blake Phillips 208-287-2762
Answered on:
Sunday, August 24, 2014 - 8:30 PM MDT