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Selling Bait in the Lower Peninsula: An Insight

Posted By: Arthur on November 25, 2008 in Opinion, Outdoor News - Comments: 7 Comments »

header.jpgThe sign said it all for a friend of mine.  He was driving past a local apple orchard, and right out front was a big sign advertising apples as deer bait.  Since he knew that baiting in the Lower Peninsula is illegal – after a local cervid deer tested positive for CWD – it got him to wondering as to what the local retailers stance on baiting was.

Now, don’t get me wrong, we realize that selling bait isn’t illegal, but considering the circumstances, we were just curious as to what kind of stance local retailers would take on the issue.

When the news first broke that the baiting ban was in effect Jeff wandered into a Tractor Supply Co. store to pick up a few things, and noticed that they still had deer bait everywhere.  He ended up speaking to a local manager, and despite the managers unawareness of the baiting ban at the time, he did express a need to address the issue right away.

That was the last time I really thought about this issue until the buddy’s phone call that night expressing his displeasure about the sign.  With all the news coverage, and legislative coverage for that matter, surrounding this particular issue, there was no way that a company could claim ignorance anymore.  Sure it was fine, when Jeff first spoke to the fine folks at the local TSC, but at this point-in-time using the “I didn’t know” defense really doesn’t work for me.

So, after the conversation with the friend I decided to contact a few stores in the Lower Peninsula and ask them about their stance on selling bait, since of course, baiting is illegal in the Lower Peninsula.  I tried to be a little diverse on who I contacted, but as it always goes with these sort of things, I contacted five companies, and only got a response from two of them.  The responses I got where a little diverse, however, because they did involve one store that is locally known, and another large chain store that is known nationwide.

Joe Ross, from Cabela’s Customer Service, contacted me and gave me this response:

Although we are located in an area of the state in which baiting and feeding of deer and elk are prohibited, the sale of these products is still permitted. We have many customers that visit our store each day that live and/or hunt in areas in which the use of these products is permitted. The proper use of these products would be the responsibility of the customer that purchases the product.

To be honest, this is the type of response I expected.  With Cabela’s being such a large store, and excessible to many people from outside the state, I can kind of understand their stance on the topic.  Personally, I’m not very happy about it, because I think it tends to encourage illegal activity, but with this particular store having such a large customer base, I can understand.

I also got a response from Jeff Poet, who works for Jay’s Sporting Goods.  Jay’s is a Michigan outdoor store, and is very well-known throughout the state.  Here is what he had to say:

The products that we sell that are affected by the ban would be primarily spinning feeders and deer supplements such as pellets, attractants, and minerals. We haven’t and don’t sell bagged bait such as sugar beets, carrots, etc. With the products that we do sell, we have de-emphasized them on our retail floor in relationship to their physical positioning. Sales have obviously decreased dramatically in that category. We have seen an increase in sales in deer scent, decoys and calls. We do continue to sell the listed products above because of the strong customer base we have in the upper peninsula, or hunters traveling to the U.P., and our e-commerce business..

With the Jay’s response, I actually have to give them credit.  With their close proximity to the Upper Peninsula – where baiting is legal – I can completely understand their stance on the topic, and I applaud them for at least making these types of products less desirable for the public to purchase.  I think their rearranging of the sales floor to make these products less desirable is to be commended.  After all I do really feel that they have an obligation to their customers that head to the UP for hunting.

The thing that I did get out of these responses, is that ultimately the companies are leaving the responsibilty of obeying the law to the customers.  I find that intriguing, and a little alarming, all at the same time.  I think there is a fine line that has to be walked here, and I’m honestly not sure – if I was a company in the same position – how I would handle this issue.

On one side I think selling a product in an area where you know it is illegal to use it is encouraging that product to be used illegally.  On the other hand – if I’m a company trying to make a profit – I can totally understand still selling the products I have available in order to make a profit, especially since it is not technically illegal to do so.

At this point in time, and after both of these responses, I think I would personally go the route that Jay’s Sporting Goods has gone on the issue:  Keep selling the product, but deemphasize their appeal on the sales floor.  I think by doing that they are discouraging the compulsive buy, but at the same time, are not alienating those customers who are actually going to use it in an area where it is legal to do so.

So, what do you all think?  If you were Jay’s or Cabelas, where would you stand on the selling of bait in an area where baiting is illegal?  I’d love to hear what you all have to say in the comments.

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  1. Matt says:

    Very interesting post. I’ve wanted to write one like it for a long time.

    Here in Virginia, it is not only illegal to hunt over bait but in fact illegal to feed deer for any reason from September 1 to January 1. These bans are common knowledge, yet Tractor Supply and other stores continue to sell all manner of deer bait and feeders.

    I’ve just never been able to get up the nerve to ask the manager why!

    Good reporting Arthur. Keep it up.

  2. Jon says:

    I think that both of the stores have a legit argument for continuing to sell these items based on their broad customer reach (e-commerce, catalog sales, etc.) as well as the local proximity to areas where the activity is legal. I believe in the old personal responsibility rule, that whomever is going to hunt has to take personal responsibility for following the rules. Whether it is seasons and bag limits or the use of electronic calls and baits, I believe we can only hold ourselves accountable for knowing what is legal and what is not. Great post!

  3. Adam says:

    I don’t have a problem with a company selling or advertising bait. As long as the law says they can do it. I think it is the responsibility of the person that buys it to abide by the laws where they are speciffically hunting. I recently went on my first hunting trip outside of my home state. I bought most of my supplies at home to take on my trip. Although we did stop once we arrived in Illinois. To buy some last minute items. I just feel like the company, if they sell bait in an area where it is illegal to bait they should be required to have a sign telling hunters to be sure and check there local laws where they will be hunting, before using it.

  4. Blessed says:

    I actually don’t have a problem with either response. Like you say – Cabela’s has a very wide customer base and I know we get people from a few hundred miles away at our local Cabela’s so in my mind it makes sense for them to keep these products on the sales floor.

    Ultimate responsibility lies with the consumer. I can buy fertilizer and use it to fertilize my lawn or I can use it (and some other ingredients) to build a bomb… retailers cannot be responsible for what their customers do with the products they purchase. That would open up too many lawsuit possibilities!

  5. Phillip says:

    Good question, Arthur!

    I suppose, truth be told, that if I owned a shop in a town or area where baiting was illegal, I’d probably choose not to sell bait. I absolutely agree that in most cases it indicates a willingness with a wink and a nod to the folks who are going to break the law (and I’m sure there are plenty in this issue).

    At the same time, if I honestly had a legitimate business from customers out of town where bait was legal, I might keep it in stock for those customers. There’s no sense in me taking a financial hit, particularly in a business like sporting goods or guns and ammo where margins are always close anyway.

    In the end, though, it shouldn’t be the responsibility of the merchants to make sure their customers use the products legally, safely, and responsibly. That would be no different than the folks who want to sue gunmakers because their products are used in crime. If I’m selling a legal product and people use it for illegal ends, I can’t and won’t be held responsible.

  6. The problem I have with the selling of bait isn’t the stores like Cabela’s or Jays. It is with the gas stations that continue to truck in the carrots, beats, corn, and apples to sell in the small home towns. I know someone is going to slam me for this because of the mom and pop stores need the money. But this open selling of bulk bait in these instances everyone knows is going to the local wood lots, not to the U.P. or Ohio across the boarder. If they are not near the boarder or the U.P. DON’T sell it!

  7. CDGardens says:

    I believe that the big retailers should be allowed to keep their bait inventories in their retail outlets, because of the wide census of indivuduals that live outside affected areas.

    Assuredly there will be those that will try to live above the rules, but as it has already been said it isn’t up to the retailer to police what happens after it leaves their premises.

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