Great debate about incidental take of coyote/foxes while deer hunting!

[Nomad]

As per 2017 regulations:

 

"Pursuant to NJSA 23:4-24.2, no person shall kill,destroy, injure, shoot, shoot at, take, wound, or attempt to take, kill or wound a game bird or game animal, or have in possession or control any firearmor other weapon of any kind, while elevated in a standing tree, or in a structure of any kind within300 feet of a baited area."

Show us where it says except while deer hunting... You can shoot ducks while you're pheasent hunting so that must mean you can use lead.

Right from the game laws: "Baiting is allowed for deer hunting. Hunters may hunt for deer while in a tree, on the ground or in a structure and from any height and any distance from the bait pile. Hunters should check with the landowner or administrative agency before placing bait on their hunting area as baiting is not allowed on properties such as national wildlife refuges."

[GhostBear]

Right, so what's your point? We all know that the only animal you can legally hunt over bait is deer, BUT the regulation on incidental take allows a DEER hunters to shoot a coyote or fox incidental to legal deer hunting, so long as the deer regulations are followed and a deer was not shot first. Baiting is legal during deer season, and taking a fox incidental to legal deer hunting is legal, you are not baiting the fox, seems plain as day to me. That while in the legal pursuit of deer, with all that goes with it, you'd be legal to take incidentally to deer hunting a fox or coyote, corn or no corn, as its part of the DEER regulation not the fox or Coyote regulation, same as allowing a guy to take a fox or coyote during six day with any Ammo suitable for the taking of deer so long as a Deer was not shot first.

[BowhunterNJ]

As per 2017 regulations:

 

"Pursuant to NJSA 23:4-24.2, no person shall kill,destroy, injure, shoot, shoot at, take, wound, or attempt to take, kill or wound a game bird or game animal, or have in possession or control any firearmor other weapon of any kind, while elevated in a standing tree, or in a structure of any kind within300 feet of a baited area."

Show us where it says except while deer hunting... You can shoot ducks while you're pheasent hunting so that must mean you can use lead.

 

 

As per page 55 of the 2017 regulations:

 

 

In addition to the general coyote and fox seasons described in the table on page 54, properly licensed turkey hunters may legally harvest coyotes if encountered incidental to legal turkey hunting. Turkey hunters shall not actively pursue coyotes or have coyote calls or decoys in possession. Also, properly licensed persons hunting deer during the Six-day Firearm, Permit Muzzleloader or Permit Shotgun deer seasons may kill coyote or fox if the coyote or fox is encountered before the hunter has taken the season bag limit of deer. However, after the hunter has taken a daily bag limit of deer, they must cease hunting immediately. Incidental hunting of coyote or fox while deer hunting may resume the following day (provided the season remains open and the season bag limit of deer has not been reached.) Only applicable projectiles approved for deer hunting may be used to take coyote and fox incidental to deer hunting during the deer seasons described above. See Firearms, Bow and Ammunition chart, page 34. Baiting for coyote/fox is prohibited while hunting elevated in a standing tree or in a structure of any kind within 300 feet of a baited area.

[BowhunterNJ]

It appears incidental applies to gun hunting (specifically cited), but archery season is not and may fall under the standard small game season regulations:

 

[BowhunterNJ]

And baiting wise, if you say you are baiting for deer...does that mean because something else eats it you were baiting them too? 

Anyone call DFW to clarify?

 

 

 

 Baiting for coyote/fox is prohibited while hunting elevated in a standing tree or in a structure of any kind within 300 feet of a baited area.

[Rdfhunter]

That's doesn't supersede the fact that

 

Pursuant to NJSA 23:4-24.2, no person shall kill,destroy, injure, shoot, shoot at, take, wound, orattempt to take, kill or wound a game bird or gameanimal, or have in possession or control any firearmor other weapon of any kind, while elevated in astanding tree, or in a structure of any kind within300 feet of a baited area.""""""

 

Not every deer hunter is elevated over bait ..

 

It even says as specified under small game hunting and under small game hunting regs it's illegal to hunt any game other than deer while elevated over bait ...

[GhostBear]

It appears incidental applies to gun hunting (specifically cited), but archery season is not and may fall under the standard small game season regulations:

 

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great, just add more fuel to the fire!!! Lol this is a very good debate, and folks are being very civil!! Lol but this whole debate doesn't alley to me since I don't bait, and never see a fox or coyote in range anyway! Lol, hell I was under the impression the the bow seasons where included, but it seems you need to follow the small game regs, so then how would it be incidental? Now I'm very confused! Lol

[Nomad]

great, just add more fuel to the fire!!! Lol this is a very good debate, and folks are being very civil!! Lol but this whole debate doesn't alley to me since I don't bait, and never see a fox or coyote in range anyway! Lol, hell I was under the impression the the bow seasons where included, but it seems you need to follow the small game regs, so then how would it be incidental? Now I'm very confused! Lol

The small game regulations only apply if you are specifically hunting coyotes and do not apply if you are shooting a coyote or fox incidental to deer hunting.

[Rdfhunter]

Ghost ear it says it right in the pic he posted ...

 

" with restrictions as per small game rules "

The small game rules say " not elevated over bait "

Can it be any clearer ?

[GhostBear]

Ok, but I think they need to be spicific and stating you can while legally hunting over bait for deer, looks to me the bait and being elevated is the sticking point.

[Rdfhunter]

The small game regulations only apply if you are specifically hunting coyotes and do not apply if you are shooting a coyote or fox incidental to deer hunting.

Thevsentence says it right there as it pertains to " while deer hunting " .

" restrictions "

 

Those being

 

Pursuant to NJSA 23:4-24.2, no person shall kill,destroy, injure, shoot, shoot at, take, wound, orattempt to take, kill or wound a game bird or gameanimal, or have in possession or control any firearmor other weapon of any kind, while elevated in astanding tree, or in a structure of any kind within300 feet of a baited area.""""""

[buckhound]

by logic you have to have a predator call to hunt coyotes driving them is not legal means of hunting so in that case shooting them while driving deer should not be legal however i see several killed while driving deer each year....

[Nomad]

Ghost ear it says it right in the pic he posted ...

 

" with restrictions as per small game rules "

The small game rules say " not elevated over bait "

Can it be any clearer ?

That's if you are hunting specifically for coyote.  Not if you want to shoot one while incidental to deer hunting.

[GhostBear]

Well? I'll be bored to tears while I recover from neck surgery, guess I can call the division and get the low down on what they mean by Incidental to deer hunting! Seems contradictory to me. Good luck and stay safe, and if in doubt? Let it walk! Lol

[Nomad]

Well? I'll be bored to tears while I recover from neck surgery, guess I can call the division and get the low down on what they mean by Incidental to deer hunting! Seems contradictory to me. Good luck and stay safe, and if in doubt? Let it walk! Lol

Call a few different people and see how many different answers you get. lol Let us know.