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Old 05-10-2004, 05:04 PM   #1
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Default Would this be baiting? (Colorado)

You have an elk and bear tag. You kill your elk and obviously leave a big gut pile. Would the gut pile be considered bait if one hunted over or near it?
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Old 05-10-2004, 08:26 PM   #2
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Default RE: Would this be baiting? (Colorado)

dont have regs to look at but i would quess it would be considered baiting
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Old 05-10-2004, 08:31 PM   #3
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Default RE: Would this be baiting? (Colorado)

Are you asking if it is legal or if we think it would be ok to do? I would have no problem personally doing it, but I am not sure it is legal. And that is after reading the regs too. The only thing I could find the the Big game regs. is

"It's against the law to:"

9) "Use dogs or bait to hunt bears, deer, elk, pronghorn or moose. Bait means to put, expose, deposit, distribute or scatter salt, minerals, grain, ANIMAL PARTS or other food as a lure, attraction or enticement for big game."

You tell me after reading that. Is it legal or not? I don't know.
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Old 05-10-2004, 10:03 PM   #4
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Default RE: Would this be baiting? (Colorado)

I dunno either, but, I would guess it is not illegal since in your situation you would not do so: ".....as a lure, attraction or enticement for big game."
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Old 05-10-2004, 10:15 PM   #5
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Default RE: Would this be baiting? (Colorado)

Yes this question is from a legality stand point.

After reading that I would guess that it would be illegal since I would be "exposing animal parts" be gutting an elk.

However it could be read as being legal as well since I am not puposely exposing these animal parts as lure, attraction, or enticement. They are meerly being exposed as part of the field dressing process of an elk.


Oh man I am so confused! My brain hurts!!!!!!!!!!!!!!!!!![8D][8D][8D][8D]
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Old 05-11-2004, 06:05 AM   #6
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Default RE: Would this be baiting? (Colorado)

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 05-11-2004, 07:39 AM   #7
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Default RE: Would this be baiting? (Colorado)

IMO it's not baiting because it wasn't put there for the purpose of luring in a bear. No different than hunting an alfalfa field where deer/elk are coming into feed

Baiting to me is where someone puts out food or plants food for the purpose of having game come in to feed.
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Old 05-11-2004, 07:43 AM   #8
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Default RE: Would this be baiting? (Colorado)

When in doubt call your local DOW office, the personal in the office cann't answer the question leave a message for the field officer to return your call.
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Old 05-11-2004, 08:11 AM   #9
 
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Default RE: Would this be baiting? (Colorado)

Sounds legal to me. You did not place the animal there with "intent" to bait a bear.
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Old 05-11-2004, 11:13 AM   #10
 
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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[b][/b], or other food, [b][/b]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.
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