Question: What are the differences between baiting and attractants? I know baiting is illegal but was curious about attractants. What qualifies something as an attractant? Can you please define and differentiate? (Josh L.)
Answer: There is no difference … bait is an attractant and an attractant is bait.
No specific definition is provided in Fish and Game laws for these terms, but the definition of "baited area" in the California Code of Regulations Title 14, section 257.5 is helpful.
It states in part: "Resident game birds and mammals may not be taken within 400 yards of any baited area. (a) . . . 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 . . . "
Under this regulation, the use of any substance (real or artificial) that is capable of attracting an animal to an area and when used causes the animal to feed (on the substance) is prohibited. Generally, aerosols sprayed into the air are permissible because there is nothing to feed on. But the same products applied to a surface (e.g. tree, brush, rock, etc.) where the animal licks, eats, chews, nibbles, etc. the surface is considered feed and is a violation.
In addition, intentional acts that disrupt any birds' or mammals' normal behavior patterns (CCR T14, section 251.1) as well as feeding big game mammals (CCR T14, section 251.3) are prohibited.
For the complete regulations, please go to http://dfg.ca.gov/regulations/ to find the California Mammal Hunting Regulations for 2012-2013.
Q: I want to use a net to cast and catch my own bait rather than continue to buy bait at the stores. Is it legal to do so? I do most of my fishing in lakes and I see shads and minnows I would like to catch. I can’t seem to find any information on the website that relates to catching your own bait and if you could what are the sizes of the nets that I can use. Any information or alternatives in regard to this would really help. (Khanh Vu)
Q: I would like to fish with two rods in the Delta but don’t know whether the regulations are in the freshwater books or in the ocean books. Is the Delta part of the ocean regulations or is it considered inland waters? Where does it change from ocean to inland if considered inland? (Brian S., Felton)
A: You can legally fish in the waters of the Delta with a second rod stamp. Inland regulations apply from upstream of the Delta to Carquinez Bridge. The definition of inland waters vs ocean waters is, "Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude the waters of San Francisco and San Pablo bays downstream from the Carquinez Bridge, the tidal portions of rivers and streams flowing into San Francisco and San Pablo bays, and the waters of Elkhorn Slough …" (CCR Title 14, section 1.53).
Q: If I hunt deer with a 30-30 cal, can I carry a .22 pistol at the same time (not to shoot deer)? And if I wound a deer with the 30-30 cal, can I kill the wounded deer with the .22 cal? (John D., Ramona)
A: Yes, it is legal to carry a .22 caliber rimfire pistol while taking deer during an open rifle season. No, you may not kill a wounded deer with any rimfire cartridge (see California Code of Regulations, Title 14, section 353). If hunting in Condor Country, remember that your pistol ammunition must also be lead-free.
Q: If I am a land owner or a land owner’s agent engaged in squirrel depredation in the condor area, do I have to use non-lead bullets? (John B.)
A: Yes, even if you are using rimfire ammunition to shoot nongame mammals, the use of projectiles containing lead is prohibited in the condor range. (California Code of Regulations, Title 14, sections 355 and 475.)
If you have a question you would like to see answered in this column, e-mail it to [email protected].
-- Image courtesy of Carrie Wilson
An attractant is not always a bait.
An attractant may be a scent (doe in heat scent, dominant buck scent, sow in heat, dominant boar, raccoon scent, etc.) that is applied to a surface or broadcasted aver an area to illicit an emotional response from an animal. Attractants do not always illicit the animal to feed. Hogs naturally follow raccoon scent, because raccoons are great at discovering food sources.
In order for an area to be considered "baited" the area must contain any substance (food, salt or mineral) that the animal may LICK or EAT ("...baited area shall mean any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed.").
If the area has the SCENT of apples, strawberries, corn, etc. applied to it and there is nothing for the animal to EAT, then the area is not considered baited. Hog & bear hunters have been known to drag a rag behind them that has been doused with strawberry extract to hide their human scent.
Apple extract on a scent cloth has also used by archers to hide their location in a tree stand. The "attractant" is 20 feet above the deer with the hunter & totally inaccessible to the deer.
So to say that, "a bait is an attractant, and an attractant is a bait" is false. It is the intent that defines what is bait.
That is why the same section defines areas with food sources left in the fields or grown through normal agricultural operations as not being 'baited areas." Therefore, if you have a plot of land and develop some of it as a "garden," plant row crops, blackberries, strawberries, plant an apple or apricot orchard or a just beautiful field of clover, and one of these animals comes into it during season - the animal is fair game. The landowner prohibited from broadcasting food, setting up a feeder (except for their own livestock) or intentionally hunting over a pile of food/garbage.
Posted by: samouel bernstein | Dec 20, 2012 at 12:19 PM