Is it legal to hunt bear over the remains of a quartered game animal?

I know it's against the rules to use any big game animal as bait when hunting bear, however, I have a question about hunting over a legally harvested elk kill. My brother-in-law recently took a cow elk, and after we harvested all of the meat we left the cape, entrails, and most of the skeleton on the mountain. The next day when walking by the kill site to fill my elk tag we encountered a large boar eating and burying the remains. If I would have had a bear tag, would it be legal to set up and hunt bear over the kill site, essentially using the remains as bait?


For bears, the definition of bait is any substance placed to attract game animals.  You are not allowed to place parts of animals or fish that are currently classified as game animals or fish that come from the wild or commercial domestic sources.  However, under the scenario you explained:
Under IDAPA §13.01.017, an activity qualifies as baiting only if the substance is placed for the purpose of attracting big game animals.  If a carcass/bones/gutpile happens to be at a lion/ bear/wolf hunting location by coincidence—whether through take by the same or another hunter, roadkill, predation or other causes, a hunter may legally hunt over it.  Lawful harvest and field processing of a game animal consistent with reasonable hunting practice does not qualify as bait placement.  However, it is baiting if the carcass is not at its location by coincidence (e.g., the hunter or someone else moved it for the purpose of attracting big game animals), or if the hunter adds other substances to it (like salt or scent).  Although it may also qualify as baiting if used to attract big game, leaving excessive meat in the field is more clearly illegal under IDAPA § and Idaho Code 36-1202(a) (waste of meat).

Answered on: 
Tuesday, October 29, 2013 - 4:20 PM MDT