Is it legal?

[HuntNHookSports]

1. Food plots for waterfowl. Is it legal to plant millet or a crop strictly to attract waterfowl to hunt over.

http://www.seedland.com/seedland/images/penn/wing-duckmix.jpg

2. Flashing LED lights. Some decoys use flashing lights instead of motion to attract ducks. If it is used during legal shooting hours.


http://www.edgebyexpedite.com/files/thumbnails/t_16761.jpg

It's not that I want to use these products but when I saw them advertised I questioned their legalities.

[mark]

I like the duck with landing lights, thats funny! Cant iimagine why other ducks would fall for that though!

[f350ps]

Bait isn't legal but I'm not sure about the lights. Have to read the regs. K

[Marc]

Bait isn't legal but I'm not sure about the lights. Have to read the regs. K

This could be one of those fine line things. If you plant corn and then hunt over it when it's up or when it's cut is this considered baiting? Hunting over grain fields that have been planted? I'm not sure if this would fall under baiting or not. It's just another type of attraction crop.

[mark]

Bait isn't legal but I'm not sure about the lights. Have to read the regs. K

Show me where it says bait isnt legal?????

http://www.env.gov.bc.ca/fw/wildlife/hunting/regulations/

[Marc]

It's a federal regulation not a provincial one. If my memory serves me right you can't hunt an area for a weeks after all the bait is gone or 400 meters from a bait site. I'd have to do some digging to find it. My question is though is a crop considered bait if it's a living plant.

[Marc]

This should give you an idea of the laws for baiting waterfowl taken from http://www.canlii.org/en/ca/laws/regu/crc-c-1035/latest/crc-c-1035.html



BAIT RESTRICTIONS

14. (1) Subject to section 23.3, no person shall hunt for migratory game birds within 400 m of any place where bait has been deposited unless the place has been free of bait for at least seven days.
(2) [Repealed, SOR/93-431, s. 2]
(3) Subject to section 23.3, no person shall deposit bait in any place during the period beginning 14 days before the first day of the open season for that place and ending on the day immediately following the last day of the open season for that place, unless the person, at least 30 days prior to depositing the bait,
(a) obtains the consent in writing of
(i) every landowner and lessee or tenant whose land is located within 400 metres of that place,
(ii) the Regional Director, and
(iii) the chief game officer of a province or any game officer of the province authorized by him to act on his behalf; and
(b) posts in that place signs of a type and wording satisfactory to, and in a location designated by, the Regional Director.
(4) A consent obtained pursuant to paragraph (3)(a) is valid only in respect of the open seasons in respect of which it was obtained.
(5) Subsection (3) does not apply to the holder of a permit referred to in section 19 or 20 who places bait
(a) in a confined area specified in his permit, or
(b) at a distance of not less than 400 metres from an area where the hunting of migratory birds is permitted
for the sole purpose of feeding migratory birds lawfully in his possession.
(6) For the purpose of subsection (1), any area
(a) of standing crops, whether flooded or not,
(b) of harvested crop land that is flooded,
(c) where crops are properly shocked in the field where they grow, or
(d) where grain is scattered solely as a result of normal agricultural or harvesting operations
shall not be regarded as a place where bait has been deposited.
(7) [Repealed, SOR/81-641, s. 2]
SOR/78-490, s. 3; SOR/79-544, s. 6; SOR/80-577, s. 6; SOR/81-641, s. 2; SOR/93-431, s. 2; SOR/99-147, s. 3; SOR/2001-323, s. 2.

[Fisher-Dude]

Show me where it says bait isnt legal?????

http://www.env.gov.bc.ca/fw/wildlife/hunting/regulations/

"It is unlawful" section, number 16 on page 18 of last year's regs.

I'm betting the flashing lights would get caught up by number 12 on the same page:

It is unlawful to hunt wildlife by the use of, or with the aid of, a light or an illuminating device.

[branthunter]

This should give you an idea of the laws for baiting waterfowl taken from http://www.canlii.org/en/ca/laws/regu/crc-c-1035/latest/crc-c-1035.html

S14(6) makes it pretty clear.

[Marc]

S14(6) makes it pretty clear.

OK this is about as clear as mud to me. Is it saying it's ok to plant attractant crops?

[f350ps]

Show me where it says bait isnt legal?????

http://www.env.gov.bc.ca/fw/wildlife/hunting/regulations/
Now why would I waste my time proving to you something that I know is illegal?? Look it up then report back your findings, or better still, go throw some grain in a field and let us know how ya make out. K

[Steeleco]

Not to mention the risk of introducing non native species of vegetation?
The only guy that truly understands any regulations, is the one that wrote them!!

[mark]

Now why would I waste my time proving to you something that I know is illegal?? Look it up then report back your findings, or better still, go throw some grain in a field and let us know how ya make out. K

hey I was just asking, as I thought bears were the only baiting issue in BC.
Its been pointed out to me by others, thanks!

[Crazy_Farmer]

I'd say the light is a no go becuase of the rule in the regs about a light or luminated device to attract wildlife, besides that it would be pretty useless once it gets light enough out. Would probably only be good for the 1/2 hour before and after sunset.

As for the planting of millet or others, like BrantHunter said 14(6) is the exception to the rule.

6) For the purpose of subsection (1), any area


(a) of standing crops, whether flooded or not,



(b) of harvested crop land that is flooded,



(c) where crops are properly shocked in the field where they grow, or



(d) where grain is scattered solely as a result of normal agricultural or harvesting operations



shall not be regarded as a place where bait has been deposited

[Jimbo]

I doubt that a bag of mixed seeds could produce any kind of harvestable crop.


Sounds like "bait seed" that is allowed to mature for the purpose of attracting birds.

[branthunter]

OK this is about as clear as mud to me. Is it saying it's ok to plant attractant crops?

I believe it is, especially if the attractant crop had some agricultural purpose. The danger would be that the Crown, in seeking to avoid a S.14(6) defense,might possibly try to persuade the court to put emphasis on the meaning of the word "crop" to the extent that grain was found not to be a "crop" if there was no intention to harvest it. More importantly though, the prohibition in S.14(1) is against the "deposit" of "bait", not the growing of "bait". "Bait" is defined as any grain, pulse (whatever that is), or imitation thereof. Subsection (6) is just clarifying that you are not depositing "bait" when you are doing any of those things enumerated in the subsection.

[Crazy_Farmer]

Always nice to have a lawyer sort things out, and explain it alot easier. Bob :smile:

[000buck]

Always nice to have a lawyer sort things out, and explain it alot easier. :smile:

I keep a lawyers phone # right next to my hunting and fishing lisences in my wallet.

[huntwriter]

I'd say the light is a no go becuase of the rule in the regs about a light or luminated device to attract wildlife, besides that it would be pretty useless once it gets light enough out. Would probably only be good for the 1/2 hour before and after sunset.

As for the planting of millet or others, like BrantHunter said 14(6) is the exception to the rule.

6) For the purpose of subsection (1), any area


(a) of standing crops, whether flooded or not,



(b) of harvested crop land that is flooded,



(c) where crops are properly shocked in the field where they grow, or



(d) where grain is scattered solely as a result of normal agricultural or harvesting operations



shall not be regarded as a place where bait has been deposited

That's what I thought too. The original poster of this thread wants to plant a crop and that is very different from baiting by means of laying out food to attract wildlife. We hunt ducks and geese all the time off crop or alfalfa fields. Of course it would be much easier for everybody if the government would scrap that silly baiting ban law altogether.

As for the comment, “Not to mention the risk of introducing non native species of vegetation?” Millet is a very common agricultural plant like alfalafa or corn.

[shotgunjohn]

My understanding is that it is o.k. to plant a crop to attract ducks but not okay to place bait (i.e. grain) for the same purpose. It would be much harder to plan what crop to plant so that ducks find it during open season and when moisture levels are high enough for the ducks. Also ducks will clean out a preferred food in a relatively short period of time whereas bait could be continually added. As for the millet in these seed mixes I suspect it is wild millet which is considered a noxious weed by us farmers but makes for very tasty ducks.

[danfloris]

Call the CO's they will be the only ones to tell you for sure..... everyone has there own opinion and some of them are wrong whether they like it or not. last year i had the same sort of argument with a bunch of guys about baiting deer they thought that i was ******ed for think that it was ok....i called the CO's and got the striaght answer. yes biating deer is legal in BC.

I personally agree that its not biating if its a planted crop. baiting would be bring out the apples and replaceing them when they are gone...

just my thoughts.

[crazy ducker]

I know that if I found out that any hunter spread (seeds) out on my fields that would be the end of hunting in my fields(for all hunters). if you have to use bait then you must not be a good hunter. It's not exactly rocket science to hunt ducks and geese. thats the hole fun of hunting them. then this bring back the hole e-caller thing.(sorry kelly)

[HuntNHookSports]

I know that if I found out that any hunter spread (seeds) out on my fields that would be the end of hunting in my fields(for all hunters). if you have to use bait then you must not be a good hunter. It's not exactly rocket science to hunt ducks and geese. thats the hole fun of hunting them. then this bring back the hole e-caller thing.(sorry kelly)

So you are saying it is legal or not?

I think putting an e-caller in a hole is illegal.:D

What's the difference between hunting a planted field and hunting in a Ducks Unlimited swamp. Either way you are hunting in a man made waterfowl habitat.

[Gateholio]

So you are saying it is legal or not?
.

I think he is saying that he doesn't want people introducing seeds to his fields.s