bears visiting deer bait: am i in violation if closer to residences than bear bait allowed?

I have permission to archery hunt for deer on a 60 acre parcel behind a rural residential area. I have been throwing down some corn and minerals to get an inventory of the deer and to create some feeding patterns to draw them in during the season. A black bear sow and her two cubs have started to visit the site regularly along with 3-4 deer. Am I in violation of the new bear baiting laws if i am not the required distance away from a residence even though I am not hunting or intentionally baiting for bears? I am just under the required distance away for a bear bait. It is not a built up area by any means, essentially a rural road with a scattering of homes. Anyone has any idea about how the CO would look at this, please let me know. Thanks

No, you are not in violation. You are not baiting with the intent of attracting bears, nor are you bear hunting. It happens all the time. Just make sure you aren’t baiting with donuts... stick to deer bait, as you indicated, and you will be fine.

Would apply only if you have a bear tag.

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Originally Posted by finsfurfeathers

Would apply only if you have a bear tag.

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It will make no difference if he has a bear licence or not.
His intent is to deer hunt, with bait typically used for deer ....

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Originally Posted by rick_iles

It will make no difference if he has a bear licence or not.
His intent is to deer hunt, with bait typically used for deer ....

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So your deer hunting over your deer bait. You still have your bear tag. Bear shows up. You shoot it. C.O, shows up. You tell him you were deer hunting but you had the opportunity to take a bear instead. Will he believe your telling the truth? I have bear eating my deer bait all the time. Not a problem for me. My bait is at a legal distance from any home or road if I were to shoot a bear while deer hunting. Could it be a grey area? I don't know. Anyone else know the answer to this regulation?

The bait has to be placed with the intent to attract bears. Bear baiting is totally different than deer bait. It would be pretty easy for a CO to identify your intentions.
A bear coming to your deer bait, is fair game as long as you have a licence and season is open. The bear baiting Regs specifically say “bait for the purposes of bear hunting”. Your deer bait does not meet that criteria.
It all boils down to “intent”.
If you are concerned, contact your area CO. He/she would be more than happy to assist you.

From the Regs.....
[COLOR=#505050]61.1 (1) A person who places bait for the purpose of bear hunting shall comply with the following requirements:
[COLOR=#505050]1. Bait must not be placed within 500 metres of a dwelling, unless written permission is obtained from the owner of the dwelling.
[COLOR=#505050]2. Bait must not be placed within 500 metres of a public building.
[COLOR=#505050]3. Bait must not be placed within 200 metres of,
[COLOR=#505050]i. a right of way for public vehicular traffic, or
[COLOR=#505050]ii. a recreational trail that,
[COLOR=#505050]A. is established and maintained by an organization for the general public, and
[COLOR=#505050]B. is reasonably signposted and marked as a trail. O. Reg. 37/16, s. 7 (1

Thanks for all the input. I do have a bear tag left over from an unsuccessful spring hunt, and would use it of the opportunity arose, but I do not bait for bears in the fall as it seems to disrupt the deer patterns and sometimes make them a bit skittish, and fall is all about deer for me. So intent is not to draw in bears. Based on what I am reading, I think I will carry on with what I am doing and leave my bear tag at home to avoid any issues with this property. That way if the CO were ever to become involved, and i have a bear tag but am not carrying it, it may add further proof that my intent is not to bait or hunt bears at this site.

We deer hunt up in 7b. It’s not unusual to get bears coming to our deer bait.

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Originally Posted by dwahutch

Thanks for all the input. I do have a bear tag left over from an unsuccessful spring hunt, and would use it of the opportunity arose, but I do not bait for bears in the fall as it seems to disrupt the deer patterns and sometimes make them a bit skittish, and fall is all about deer for me. So intent is not to draw in bears. Based on what I am reading, I think I will carry on with what I am doing and leave my bear tag at home to avoid any issues with this property. That way if the CO were ever to become involved, and i have a bear tag but am not carrying it, it may add further proof that my intent is not to bait or hunt bears at this site.

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I would be bring my bear, you just never know when one will show up. We bait our bear sites during the November deer hunt and do get lots of bear activity even that late in the year

I hope I have a bear visit my bait next week while I'm bear hunting! lol