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Would this be baiting? (Colorado)

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Old 05-11-2004, 11:41 AM
  #11  
Typical Buck
 
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Default RE: Would this be baiting? (Colorado)

No its not illegal in mind because you did haul to the location, kill, or trap that elk or parts of the elk for the sole purpose of killing a bear. It is NOT A LURE because you killed an elk legally and legally disposed of its parts by simply leaving them where they lay. If you move the parts then you crossed the line for the purpose of killing a bear. You are NOT enticing or attempting in any way to attract bears with the elk parts. They would be attracted of course but thats not due to a deliberate attempt to do so. I'd say its perfectly legal, however the ethics of it would be a individual decision. Let us know what you find out if you happen to talk to an "official."
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Old 05-11-2004, 01:29 PM
  #12  
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Default RE: Would this be baiting? (Colorado)

33-4-101.3 reads "bait" means to place, expose, deposit, distribute, or scatter, salt, minerals, grain, animal parts, or other food, so as to constitute a lure, attraction, or enticement for black bears on or over any area where hunters are attempting to take black bears.

My read is that you can gut your elk but if you come back to it with the intent of shooting a bear over it - you are using it as a lure at that point and that is illegal. In reality - the difficulty would proving the sequence of events necessary to make the charge stick. Just my perspective.
coop is right, as in the case for most laws grey areas exist but if you were to define the above law on strictly legal premise, you have the intention to harvest a bear by sitting over top of a gut pile, that gut pile is no more natural than a bait pile, sure you never hauled it in persay but had you not harvested the elk and field dressed it there...no gut pile which would mean no attractant to a roaming yogi! Would you be convicted is another question but I'd say don't risk it! Now had you been walking then unknownily found a bear that was unknownily munching on some other elk hunter leave behind goodies, by definition of the law it would be legal. However you can see how grey it can be and the chance theory might just leave you with egg on your face even if true!
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Old 05-11-2004, 05:05 PM
  #13  
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Default RE: Would this be baiting? (Colorado)

I don't think you could ever be convicted on that. Like the guy said it's not different than sitting on a natural salt lick or a alfalfa field.
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Old 05-11-2004, 05:11 PM
  #14  
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Default RE: Would this be baiting? (Colorado)

After reading the responses, I am going to bet a dollar that it is legal. I have emailed the DOW and asked them the question. I will post the answer.
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Old 05-11-2004, 05:30 PM
  #15  
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Default RE: Would this be baiting? (Colorado)

a couple of years back when I was waiting in line at the DOW for left-over tags the guy infront of me ask this question to a warden, that is where my answer came from

It's legal in Colorado to hunt a bear over a gut pile. Now if you bag up a gut pile and move it then it's illegal. Make any sense, not really
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Old 05-12-2004, 09:13 AM
  #16  
 
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Default RE: Would this be baiting? (Colorado)

Intersting question. Right now the anti's have a referendum quetion on the ballot in Maine for November that would make it a crime to hunt bear over bait, with dogs or trap. The actuall law attached to the referendum is very vague on what is bait, done so on purpose. The best that we can figure out it could possible include, the way it is worded, standing and naturally ocuuring food sources, like cord, apples or blueberry fields. Gotta love the Human society for this one. If it passes here in Maine with the current wording they will have shut down bear hunting here in Maine. We need help to fight this one. Please go to the Sportsman Allaince of Maine web site for information and ways you can help us here in Maine fight this one. You guys in Colorado know all to well that when people sit back and don't take action what happens. I tells the groups I speak to on this issue. You can be part of the solution or live with the consiquences. All hunters across the contry need to banned together and focus resources on the State that is under attack. After all, the Human society focuses all thier efforts on one state at a time. We can't function as an island and see state after state fall to these idiots. If we organize and help each other out we have a much better chance of defeating them. Kinda of a long comintary on your baiting question, but I need to get the word out. Thanks for reading
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Old 05-12-2004, 11:43 AM
  #17  
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Default RE: Would this be baiting? (Colorado)

Here is a reply I got from the Colorado DOW to the gut pile question:

Hi,



Yes, you can hunt over a gut pile, provided that you do not move it from the original spot.



Have a nice day.



David Dokken

6060 Broadway

Denver, CO 80216
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Old 05-12-2004, 05:05 PM
  #18  
 
Join Date: May 2003
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Default RE: Would this be baiting? (Colorado)

Thanks Jorgy & txhunter58. I have e-mailed them as well but haven't got a reply back yet.

We got lots of blackies where we hunt so I just may have to get me a tag this year.


BTW. This is bigbulls. for some reason I can't log in so I'm on my sons user name.
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Old 05-12-2004, 05:14 PM
  #19  
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Default RE: Would this be baiting? (Colorado)

Ok, now it's working.

Thanks again guys.
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Old 05-14-2004, 12:20 PM
  #20  
 
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Default RE: Would this be baiting? (Colorado)

If hunting over a gut pile is illegal, then no matter whether you or someone else shot the elk, deer, mule deer etc... and your sitting over ANY gut pile with the intensions of shooting a bear that was attracted to it......then it's illegal. Ethics or morals don't factor into this one at all. Especially with your full knowledge that hunting over this type of bait is illegal.
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