#3145651 - 01/30/13 01:17 PM
Re: Am I baiting if I'm trapping....
[Re: BlountArrow]
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scn
12 Point
Registered: 02/05/03
Posts: 6960
Loc: Brentwood, TN US
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You cannot used bait as stated in the following statute while trapping:
70-4-113. Use of bait, pitfalls and certain other devices in taking birds and animals prohibited -- Penalty -- Exceptions.
(a) It is unlawful for any person at any time to make use of any pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set guns, spotlights, electric lights or torches, bait, which includes any grain, or mixture of any ingredients, used as or for food purposes, or other devices for the purpose of killing, injuring, or capturing any birds or animals protected by the wildlife laws of this state, except as otherwise expressly provided.
(b) The executive director or the executive director's designees may use any chemical, biological substance, poison or device under controlled conditions to capture or kill any bird or animal for scientific, propagating, enforcement, humane or rescue purposes or when it is considered necessary by the executive director to reduce or control any species that may be detrimental to human safety, health or property. No action on the part of the executive director, directed to the control of rabies or other diseases spread from wildlife to human beings, shall be taken until the following conditions have been met:
(1) The county board of health in the affected county shall have met in open session and, by appropriate resolution, declared that a condition detrimental to the human safety, health or property exists within the affected county;
(2) An official quarantine by the county board of health has been established on all dogs, cats and pets in the county; and
(3) An official request has been made by the county board of health, through and with the concurrence of the commissioner of health, to the executive director to take such action as is necessary by the executive director or the executive director's designees and by such means as are authorized in this section to bring the disease under control in the affected county. This subsection (b) is effective in every county in this state.
(c) A violation of this section is a Class C misdemeanor; provided, that spot, electric or torch lights may be used in the hunting and taking of raccoons, opossums and frogs, and box traps may be used for the taking of rabbits during the open shooting season for the same.
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#3145711 - 01/30/13 01:47 PM
Re: Am I baiting if I'm trapping....
[Re: BlountArrow]
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catman529
spiderboy
16 Point
Registered: 11/10/10
Posts: 10869
Loc: Franklin TN
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These TCAs or whatever they are always make me feel like an idiot. So the way I read section (a), if the animal is protected by wildlife laws, which raccoons are protected by season, then I cannot bait raccoon traps???
_________________________
A good day in the woods is best finished off with an ice cold Sun Drop.
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#3145800 - 01/30/13 02:58 PM
Re: Am I baiting if I'm trapping....
[Re: catman529]
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pass-thru
10 Point
Registered: 10/10/04
Posts: 3047
Loc: va beach
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I have one question. Live traps are legal for trapping but how do you set a live trap without bait? The whole purpose is to place bait in the back of the trap so the animal goes inside and sets off the trap. At least that is how everyone does it. Sorry I don't know much about trapping
It clearly states that it is unlawful "to make use of any pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set guns, spotlights, electric lights or torches, bait, which includes any grain, or mixture of any ingredients, used as or for food purposes, or other devices for the purpose of killing, injuring, or capturing...."
so to the same extent that it is unlawful to use bait, in the same breath it is also already unlawful to use a cage or trap.
From this excerpt it is not clear what "protected" wildlife constitutes. But to the extent that trapping is legal, it cannot apply to trapping, because it says it is unlawful to trap 
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#3145816 - 01/30/13 03:11 PM
Re: Am I baiting if I'm trapping....
[Re: pass-thru]
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catman529
spiderboy
16 Point
Registered: 11/10/10
Posts: 10869
Loc: Franklin TN
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I have one question. Live traps are legal for trapping but how do you set a live trap without bait? The whole purpose is to place bait in the back of the trap so the animal goes inside and sets off the trap. At least that is how everyone does it. Sorry I don't know much about trapping It clearly states that it is unlawful "to make use of any pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set guns, spotlights, electric lights or torches, bait, which includes any grain, or mixture of any ingredients, used as or for food purposes, or other devices for the purpose of killing, injuring, or capturing...." so to the same extent that it is unlawful to use bait, in the same breath it is also already unlawful to use a cage or trap. From this excerpt it is not clear what "protected" wildlife constitutes. But to the extent that trapping is legal, it cannot apply to trapping, because it says it is unlawful to trap
Edited by catman529 (01/30/13 03:11 PM)
_________________________
A good day in the woods is best finished off with an ice cold Sun Drop.
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#3145938 - 01/30/13 04:37 PM
Re: Am I baiting if I'm trapping....
[Re: pass-thru]
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scn
12 Point
Registered: 02/05/03
Posts: 6960
Loc: Brentwood, TN US
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I have one question. Live traps are legal for trapping but how do you set a live trap without bait? The whole purpose is to place bait in the back of the trap so the animal goes inside and sets off the trap. At least that is how everyone does it. Sorry I don't know much about trapping It clearly states that it is unlawful "to make use of any pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set guns, spotlights, electric lights or torches, bait, which includes any grain, or mixture of any ingredients, used as or for food purposes, or other devices for the purpose of killing, injuring, or capturing...." so to the same extent that it is unlawful to use bait, in the same breath it is also already unlawful to use a cage or trap. From this excerpt it is not clear what "protected" wildlife constitutes. But to the extent that trapping is legal, it cannot apply to trapping, because it says it is unlawful to trap
Unfortunately, in your analysis, you ommitted the key wording at the end of section (a) of "except as otherwise exressively provided." Language making sport trapping legal is found in TCA 70-4-120. The seasons for sport trapping are set by the TFWC in the Statewide Small Game Proclamation. Specifics on the types of traps that can be legally used are found in the Manner and Means Proclamation.
I'll disagree with your analysis that 70-4-113 can't apply to trapping becausee trapping is illegal. That is incorrect due to the last part of those sections and other statutes and proclamations that make it legal.
In TCA 70-4-120 section (a)(1) it says that it is illegal to bait any trap or device except during open season and if the person is either the landowner or has wtittten permission.
My interpretation of that is it is legal to bait a trap. However, I stand by my interpretation that it is illegal to bait an animal into an area with bait as defined in 70-4-113. I'll stand by my answer that live traps around a corn pile would not be legal.
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#3145943 - 01/30/13 04:44 PM
Re: Am I baiting if I'm trapping....
[Re: scn]
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TNCharlie
8 Point
Registered: 10/06/03
Posts: 1175
Loc: Columbia TN
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70-4-113. Use of bait, pitfalls and certain other devices in taking birds and animals prohibited -- Penalty -- Exceptions.
(a) It is unlawful for any person at any time to make use of any pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set guns, spotlights, electric lights or torches, bait, which includes any grain, or mixture of any ingredients, used as or for food purposes, or other devices for the purpose of killing, injuring, or capturing any birds or animals protected by the wildlife laws of this state, except as otherwise expressly provided.
I'm neither TWRA nor a lawyer, but while we're waiting for the ones that know to respond, I'll take a stab a this.
Note the "except as otherwise provided" part. I believe that would be the hunting/fishing regs under the auspices of the TWRA. In oversimplified terms, everything is illegal unless there is an exception making a particular action legal.
Taken literally, that law would prevent the use of a landing net while fishing. But that's an "exception" which has been allowed.
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#3145946 - 01/30/13 04:45 PM
Re: Am I baiting if I'm trapping....
[Re: TNCharlie]
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TNCharlie
8 Point
Registered: 10/06/03
Posts: 1175
Loc: Columbia TN
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Looks like I was typing as scn was responding. oops
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