Deer Baiting

Briefing Book > Briefing Book 2024 > Deer Baiting

What is Deer Baiting?

Deer baiting is a practice that involves intentionally placing food or nutrient substances to manipulate the behavior of deer, according to the Kansas Department of Wildlife and
Parks (KDWP).

What is Not Considered Deer Baiting?

Deer baiting does not include the use of food plots that are planted in accordance with accepted local and regional agricultural guidelines. Deer baiting also does not include the use of liquids or sprays to attract wildlife (e.g., doe urine).

Is Deer Baiting Allowed in Kansas?

Currently, deer baiting is an allowable and legal practice on private property in Kansas; however, KAR 115-8-23 does not allow the baiting of any wildlife species on public lands and land enrolled in the KDWP’s Walk-in Hunting Access program.

This rule and regulation was first adopted in 2012 and was amended in 2013. The Wildlife and Parks Commission (Commission) voted on June 22, 2023, to amend KAR 115-8-23 to add language stating that the practice of baiting would be prohibited for “all activities” on public lands and not just for “hunting,” as the original rule and regulation stated.

Do Surrounding or Other Regional States Allow Deer Baiting?

Deer baiting is fully banned in the following states: Colorado, Illinois, Indiana, Iowa, Minnesota, Missouri, Montana, Nebraska, and South Dakota.

Deer baiting is not allowed on public land but is allowed on private property in Kansas and the following states: Arkansas, Kentucky, North Dakota, and Oklahoma.

In Michigan and Wisconsin, deer baiting is not allowed in counties where Chronic Wasting Disease has been found.

What is Chronic Wasting Disease?

According to the Centers for Disease Control and Prevention (CDC), Chronic Wasting Disease (CWD) is a progressive neurodegenerative disorder that affects deer, elk, reindeer, sika deer, and moose. CWD is a prion disease – a prion is a type of protein that can trigger normal proteins in the brain to become abnormal.

CWD has been found in some areas of Canada and the United States, including Kansas and its surrounding states.

How does Chronic Wasting Disease Affect Deer Populations?

According to the CDC, the scientific community believes CWD spreads between animals through body fluids such as blood, feces, saliva, or urine, either through direct contact or indirectly through environmental contamination of soil, food, or water. Once CWD is introduced, the disease is contagious within deer populations and can spread quickly. It is also thought that CWD remains in the environment for a long time — so other animals can contract CWD from the environment even after an infected deer has died.

The CDC states there have been no reported cases of CWD infection in people.
According to the U.S. Geological Survey, CWD has an extended incubation period that averages 18-24 months between infection and the onset of noticeable signs. The most obvious sign of CWD is progressive weight loss. Other behavioral changes have also been reported, including loss of awareness and loss of fear of humans. Infected animals may also have excessive salivation and increased thirst and urination.

Is There a Connection Between Deer Baiting and Chronic Wasting Disease?

According to the National Deer Association, the scientific community has conducted several studies in recent years to determine whether CWD exists at baiting sites in CWD-infected areas and have concluded that CWD is contagious and self-sustaining in a deer herd. CWD may remain infectious in the environment for at least two years, which can increase the disease transmission potential at baiting sites where saliva, feces, and urine are deposited at greater levels than other areas throughout an animal’s home range.

Is Kansas Considering a Ban on Deer Baiting?

The Kansas Wildlife and Parks Commission first discussed updating KAR 115-8-23 at its January 13, 2022, meeting. This regulation was further discussed in some manner at the Commission’s March, April, June, August, September, and November meetings in 2022.

At the Commission’s January 12, 2023, meeting, a member of the public provided comments on baiting. Further discussion on KAR 115-8-23 and baiting occurred at the Commission’s March 9, 2023, meeting.

On June 22, 2023, the Commission held a general public panel discussion on wildlife baiting, at which subject matter experts from Kansas, North Dakota, and Oklahoma discussed baiting in other Midwestern states, disease transmission risks and other issues associated with baiting, and other related topics. [Note: This is the same meeting at which the Commission voted to approve the updated KAR 115-8-23.]

A KDWP news release on July 3, 2023, announced the agency would host several town hall-style public meetings to solicit broader input on baiting. KDWP held a public hearing on September 21, 2023. No further public hearings have been scheduled.

As of publication, the KDWP has not proposed or promulgated any new rules and regulations regarding the baiting of wildlife on private lands in Kansas.