I don't see it quite this way, though I see your point. The persimmon tree is enticing the game whether or not you choose to hunt there. You didn't place the fruit, so you didn't use the fruit as bait, and your action didn't cause the deer to gather in one spot. You are just hunting where they were already enticed. Either way, the lawmakers have to draw the line somewhere, and I think the intent is clear.
I never unstood this ^^^ a fully mature apple tree that's been their of year.( you didn't plant it) IT GROW THEIR ON IT'S OWN so how can they call that baiting?
Um....they don't call that baiting. It is growing there and dropping it's fruit voluntarily to where it grows.