The new laws about bait placement consider any public access road or lane or logging road that a motor vehicle can go down counts as a right of way. Baits must be 200 meters from any of these. Apparently they don't give a #### about older hunters or those with limited mobility. Where I traditionally hunt this bans all of my current bait sights and leaves me hunting open clear cuts or from the water
ontario bear hunters beware
- Thread starter brybenn
- Start date
That's not exactly what the regulation states.
It says:
"bait must not be placed within 200 metres of a right of way for public vehicular traffic or a recreational trail that is established and maintained by an organization for use by the general public."
It might be difficult to classify a "logging road", especially if it's abandoned and not "maintained" by the township etc as a "right of way" - if it's a "right of way" they better be plowing it in the winter, repairing it when it washes out etc - like if I cut in a road on my 500 acres and no level of government maintains it (because it's a "private" road), it's not there for "public vehicular traffic".
Likewise with a trail - it (the regulation) specifies a trail that is established and maintained by an organization - so a recognized/maintained ATV trail, Snowmobile trail, Trans-Canada trail or one of the township trails, but not one that a "bunch of guys" on ATV's have hacked through the woods, that is "not maintained" by an organization.
Again though, another one of those cases where there is no definition of, so open to interpretation - however, it is generally taken to mean:
Right of way for public vehicular traffic not defined, but in the case of roads, is essentially what a “highway” is under Highway Traffic Act :“highway” includes a common and public highway, street, avenue, parkway,driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;
So maybe, if you require "permission to use" and the road or trail is "private", it would be hard to argue that it's a "public road or trail" - since the general public would have to "trespass" to use it...
It says:
"bait must not be placed within 200 metres of a right of way for public vehicular traffic or a recreational trail that is established and maintained by an organization for use by the general public."
It might be difficult to classify a "logging road", especially if it's abandoned and not "maintained" by the township etc as a "right of way" - if it's a "right of way" they better be plowing it in the winter, repairing it when it washes out etc - like if I cut in a road on my 500 acres and no level of government maintains it (because it's a "private" road), it's not there for "public vehicular traffic".
Likewise with a trail - it (the regulation) specifies a trail that is established and maintained by an organization - so a recognized/maintained ATV trail, Snowmobile trail, Trans-Canada trail or one of the township trails, but not one that a "bunch of guys" on ATV's have hacked through the woods, that is "not maintained" by an organization.
Again though, another one of those cases where there is no definition of, so open to interpretation - however, it is generally taken to mean:
Right of way for public vehicular traffic not defined, but in the case of roads, is essentially what a “highway” is under Highway Traffic Act :“highway” includes a common and public highway, street, avenue, parkway,driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;
So maybe, if you require "permission to use" and the road or trail is "private", it would be hard to argue that it's a "public road or trail" - since the general public would have to "trespass" to use it...
beretta boy
CGN Ultra frequent flyer
- Location
- Orillia, Ontario
Not a lawyer, but it seems they are trying to exert regulation to keep bait locations away from publically travelled roads, whether assumed or private and trails like OFSC trails and
heavily used walking/hiking/ATV trails maintained by the public or other organizations.
There are a lot of "private" roads, i.e. not assumed and/or maintained by the local municipality in cottage country. Many are/were privately built and are maintained by a cottagers association or even a "local", but is otherwise open to "public" traffic ... someone other than the "owner" visiting a cottage site. If there's a locked gate & a sign, good bet it's private. If you can "drive right in" and take your ATV up a groomed trail, chances are it may be open to the "public", especially if there is no "no trespassing" or "private property" signage.
heavily used walking/hiking/ATV trails maintained by the public or other organizations.
There are a lot of "private" roads, i.e. not assumed and/or maintained by the local municipality in cottage country. Many are/were privately built and are maintained by a cottagers association or even a "local", but is otherwise open to "public" traffic ... someone other than the "owner" visiting a cottage site. If there's a locked gate & a sign, good bet it's private. If you can "drive right in" and take your ATV up a groomed trail, chances are it may be open to the "public", especially if there is no "no trespassing" or "private property" signage.
The other part of the new regs to be aware of is, no baits within 500m of a house or dwelling. This eliminates a lot of hunting ground in areas I hunt. It is acceptable however if you ask permission of the owner.
After further searching (Ontario makes it easy to find the Hunting Regulation "Summary", but not the "actual" regulations) there is a slightly more complete set of details as follows:
61.1 (1) A person who places bait for the purpose of bear hunting shall comply with the following requirements:
1. Bait must not be placed within 500 metres of a dwelling, unless written permission is obtained from the owner of the dwelling.
2. Bait must not be placed within 500 metres of a public building.
3. Bait must not be placed within 200 metres of,
i. a right of way for public vehicular traffic, or
ii. a recreational trail that,
A. is established and maintained by an organization for the general public, and
B. is reasonably signposted and marked as a trail. O. Reg. 37/16, s. 7 (1).
(2) In this section,
“bait” means any organic matter that may attract bear;
“public building” means any building that is open to the public or to which the public may be admitted, including both commercial and non-commercial establishments. O. Reg. 37/16, s. 7 (1).
So while not in the "spirit" of the regulations, if you used a "fully synthetic bear attractant" you are "technically" not "baiting" according to the regulations - so the Donut scent by Buck Bomb or the Bacon Smoking Sticks by Tinks, being 100% "synthetic" are NOT "organic matter".
But also agree with the other comments - if you can't find a single square of land that is more than 200 meters away from some "public right of way" be it road or trail, you probably shouldn't be hunting there - at least not with a rifle - 200 meters just isn't that far to be "off the beaten path"
61.1 (1) A person who places bait for the purpose of bear hunting shall comply with the following requirements:
1. Bait must not be placed within 500 metres of a dwelling, unless written permission is obtained from the owner of the dwelling.
2. Bait must not be placed within 500 metres of a public building.
3. Bait must not be placed within 200 metres of,
i. a right of way for public vehicular traffic, or
ii. a recreational trail that,
A. is established and maintained by an organization for the general public, and
B. is reasonably signposted and marked as a trail. O. Reg. 37/16, s. 7 (1).
(2) In this section,
“bait” means any organic matter that may attract bear;
“public building” means any building that is open to the public or to which the public may be admitted, including both commercial and non-commercial establishments. O. Reg. 37/16, s. 7 (1).
So while not in the "spirit" of the regulations, if you used a "fully synthetic bear attractant" you are "technically" not "baiting" according to the regulations - so the Donut scent by Buck Bomb or the Bacon Smoking Sticks by Tinks, being 100% "synthetic" are NOT "organic matter".
But also agree with the other comments - if you can't find a single square of land that is more than 200 meters away from some "public right of way" be it road or trail, you probably shouldn't be hunting there - at least not with a rifle - 200 meters just isn't that far to be "off the beaten path"
- Location
- WMU248 near Edmonton
so if the trail is maintained and signed but not open to the public, the organization that maintains the trail insist that you must be a member to use 'their' trail, then I guess your good to go
Trimmer 905
CGN Ultra frequent flyer
Why go to all the trouble with baiting? Just build a small fire and start cooking some bacon and eggs for breakfast. If there's a Bear around,it'll pay you a visit soon enough. Heck,it sure works for campers,doesn't it? LOL
Trimmer 905
CGN Ultra frequent flyer
so if the trail is maintained and signed but not open to the public, the organization that maintains the trail insist that you must be a member to use 'their' trail, then I guess your good to go
As for maintained ATV and snowmobile trails,that's quite true if a hunter is using either one,but,it's a very raw bone of contention in Ontario where hunters and anglers are using the trails to access traditional hunting camps and lakes. In that case,organizations may NOT enforce their rules,regulations or fees.
There are an awful lot of bear baits in NWO that resemble fairly large garbage dumps. MNR gets a fair number of complaints from the general public about this.
I have guided in the National Forest in Wisconsin as well as NWO.
The rule in Wisconsin is only 50 yards but it is strictly enforced. They also strictly enforce the rule of no man made products in the bait--one piece of candy wrapper in the bait will get you a ticket.
I have guided in the National Forest in Wisconsin as well as NWO.
The rule in Wisconsin is only 50 yards but it is strictly enforced. They also strictly enforce the rule of no man made products in the bait--one piece of candy wrapper in the bait will get you a ticket.
The response I got from the ministry was that the un maintained logging roads in the area I hunt are classed as public right of ways because anyone can drive a truck or car down them. There's literally miles of these back road loops thru the bush. It's common for hunters to bait 40-50 yards off these roads in the areas cut out for gravel deposits or natural windfalls. I can see not baiting on public trails but if I drive 10 miles down a beat up logging road to get away from everyone I have to be 200 meters into the bush. That's just stupid. But that is the way of our ministry
the spank
CGN Ultra frequent flyer
- Location
- Planet Earth Wearing My Tinfoil Hat
That's a pretty rude comment. There are many people who hunt who would have great difficulty getting 200 metres off a trail. Have you never seen a hunter in a wheelchair in your life or someone with mobility issues? Who are you to tell them hunting is not for them or ask them if they would shoot something and leave it to rot? Get off your self righteous horse!!
+2 ...... As I see the old guys drop off from my camp, it saddens me...... We have guys at deer camp that hunt off parked four wheelers because they just can't do the walk anymore..... To someone with arthritis, hip issues, 200 meters is a long haul over uneven terrain, not to mention while dragging bait......
Btw, since you quoted me, I will elaborate...... By road, I was speaking of a regularly travelled surface, not a logging road or gravel trail or cut trail in the middle of nowhere...... These are rarely maintained by the authorities.......
