California Law regarding scents for hogs

[Hogs_and_Sturgeons]

I know it's illegal to use bait to hunt hogs, or hunt within 200 of what could be bait. However, can you use all those scent products on ebay? It seems like spraying them on the ground or tree could be construed as using bait.

Also, if anyone has used them which would you suggest? I have a corn meal sour mash one which smells absolutely disgusting. But, I want to try some the feral sow spray, which I assume is legal. Would any of you guys suggest these products or should I just save my money?

thanks for the help,

H&S

 

[hiline345]

First off I am not a expert but what I have read/saw is as long as the pig cant eat it it's OK.
Second I have used hog bombs before mainly to check the wind. Hog bomb is a spray like a fogger that comes in a few different scents, you could lock it down and it will emptie in like 30 seconds or you can hit it a few times with out locking it down this is the way I use it.

 

[RIFLEMAN]

I know it's illegal to use bait to hunt hogs, or hunt within 200 of what could be bait. However, can you use all those scent products on ebay? It seems like spraying them on the ground or tree could be construed as using bait.

Please note it is 400 yards rather than 200.

For resident game, bait is defined as salt, grains of all kinds, or any other feed that could be used to lure game once offered. As such, it is my layman's opinion that you would be legally allowed to distribute scents because they cannot be consumed and therefore would not logically be considered to be feed.

 

[DFG_Bear]

I had to ask a warden friend of mine for his opinion on this one, and here's what he said:

"Neither Fish and Game Code nor the Fish and Game Mammal Hunting Regulations define bait. To define bait, we look to the Code of Federal Regulations, under waterfowl.

The closest we get is Title 14 section 257.5 which defines a "baited area" and is pretty specific as to what constitutes "Baited" and is the best we have.

Scents are not included and thus we do not include artificial scents in the definition of bait."

Go figure!

 

[ltdann]

Actually, its CCR (California Code of Regualtions) vice CFR (code of federal regulations, otherwise, exactly as stated.

Thats interesting, I would have thought scents would be mentioned.

 

[RIFLEMAN]

Hi Marc,

Neither Fish and Game Code nor the Fish and Game Mammal Hunting Regulations define bait. To define bait, we look to the Code of Federal Regulations, under waterfowl. The closest we get is Title 14 section 257.5 which defines a "baited area" and is pretty specific as to what constitutes "Baited" and is the best we have.

The only definition the Fish and Game Code offers is 4004.g which defines bait (for purposes of trapping) as anything, "composed of mammal, bird, or fish flesh, fure, hide, entrails, or feathers."

However, in addition to the baited area definition that your buddy cites, there are other sections of the current regulations that I am familiar with that qualify what bait is. I drew upon these sections when indicating that using a scent was legal for hogs:

• Section 365 for general bear stipulates, "Bait: No feed, bait or other materials capable of attracting a bear shall be placed or used for the purpose of taking or pursuing a bear."
• Section 366 for archery bear stipulates, "Bait. No feed, bait or other materials capable of attracting a bear to a feeding area shall be placed or used for the purpose of taking or pursuing a bear."
• Section 475 for non game stipulates, "No feed, bait or other material capable of attracting a nongame mammal may be placed or used in conjunction with dogs for the purpose of taking any nongame mammals."

Scents are not included and thus we do not include artificial scents in the definition of bait."

Given your friend's indication, am I to safely assume that a scent would not qualify as bait within the contexts I mention above?

 

[#1Predator]

RIFLEMAN and Marc,

Section 365(e) for general bear stipulates, "Bait: No feed, bait or other materials capable of attracting a bear shall be placed or used for the purpose of taking or pursuing a bear."

The kicker here is the wording, "or other materials capable of attracting....". I have an e-mail from Lt. Liz Schall (DFG, Sacto.) from 1/7/2006 in which she answered this question specifically as it related to bears. Scents are considered bait when it comes to bears. Anise oil (licorice) is an excellent bear attractant when applied to a small piece of cloth suspended from a branch but it is illegal in California for taking bears.

As to baiting for pigs, scents appear to be legal. As stated by RIFLEMAN,

"For resident game, bait is defined as salt, grains of all kinds, or any other feed that could be used to lure game once offered. As such, it is my layman's opinion that you would be legally allowed to distribute scents because they cannot be consumed and therefore would not logically be considered to be feed." Logical, reasonable and well stated.

 

[larrysogla]

The only problem with "sow in heat" scent in a bottle is when you spill it in your pants. Then I should say...............if it ever happened to me while in that Houston ranch where 300+ lb. boars were common and even two 500 lb. boars were shot and killed............then even my Marlin 45-70 loaded with hardcast Garrett +P hotloads will not comfort me. It would be utterly unnerving..........a change of clothes is an emergency.
'Nuff said
larrysogla

 

[RIFLEMAN]

Predator,

Section 365(e) for general bear stipulates, "Bait: No feed, bait or other materials capable of attracting a bear shall be placed or used for the purpose of taking or pursuing a bear."

The kicker here is the wording, "or other materials capable of attracting....". I have an e-mail from Lt. Liz Schall (DFG, Sacto.) from 1/7/2006 in which she answered this question specifically as it related to bears. Scents are considered bait when it comes to bears. Anise oil (licorice) is an excellent bear attractant when applied to a small piece of cloth suspended from a branch but it is illegal in California for taking bears.

Yep, we cited the same regulation and I think that we are both correct...I have spoken with Lt. Schwall on another legal question before and believe her to be credible. I raised this question to Marc in order to get his friend's response to the existence of other definitions of bait and see if it influenced his assertions.

 

[Hogs_and_Sturgeons]

LMAO

Nice post Larry :rotflmao:...'nuff said. I will definitely try not to spill any sow in heat on my pants...lol.

Thanks for all the responses guys. Will definitely keep using the scents, however, I think they might be able to ding ya (me) since most of the scents contain salts (which is weird because I've read that pigs tend to avoid salty foods since they can't sweat) but, I don't think I've found any that don't have salt as an ingredient.

H&S