No charge in Asheville bear cub 'harassment' spurs petitions to NC Wildlife Commission

ASHEVILLE — Following North Carolina Wildlife Resources Commission’s decision not to charge people seen on video pulling black bear cubs from a tree to take a picture, multiple online petitions have generated thousands of signatures seeking penalties and stronger wildlife protection laws.

Taylor Adams, 35, who’s lived in Asheville for nine years, started one of the Change.org petitions, reaching over 1,500 signatures in four days. Adams told the Citizen Times April 23 that she started the petition because “so many stories have happened locally that have broken my heart,” giving the example of Blue Ridge Parkway visitors attempted to hold and feed a young bear last year.

“I do strongly feel as though the continual action against wildlife in our area goes unjustified, and people aren’t held accountable,” Adams said. “I really want (the petition) to start a movement to where people see that you can’t get away with that, that this is not acceptable.”

Adams said she used to work in management at Berrington Village Apartments — off of Charlotte Highway southeast of downtown Asheville — where the group was caught on video holding a bear cub. She feels there isn’t enough support to hold tenants accountable and she’s seen wildlife interactions like this one happen in the past, the worst being when a group of children shot BB guns at a bear.

Capt. Branden Jones with the wildlife commission told the Citizen Times April 23 that he’s heard of some of the petitions, but “at this time, we don’t have any plan to reopen this case.”

Jones said officers looked at the “totality of the circumstances” while investigating this incident and ultimately deciding not to press charges.

Previous reporting: Video, witness: Asheville apartment residents pulled black bear cubs from tree for selfie

No charges for bear cub 'harassment': NC Wildlife: No charges in Asheville 'black bear cub harassment' for selfies

“In North Carolina law, it’s definitely unlawful to catch and keep bears, but they didn’t put it in a vehicle, they didn’t put it in a house, they didn’t put it in an enclosure,” Jones said, adding that the woman held the bear for “literally seconds” before it was let go.

Jones said they also examined what the group’s intent was, which was not to keep the bear cubs. He also said this was determined to be an isolated incident.

North Carolina General Statute 113‑294 (c1) states that "any person who unlawfully takes, possesses, transports, sells, possesses for sale, or buys any bear or bear part is guilty of a Class 1 misdemeanor," punishable by a fine of at least $2,000.

Video: Bear cubs snatched from tree for selfie

Jones said the closest element in the law that this bear cub selfie could fall under is possession, which is not clearly defined.

“There’s really no definition for the possess part and there’s no distance (that defines what transport means),” Jones said. “It is the discretion of the agency … and discretion is a large part of law enforcement in general, whether it be wildlife conservation or normal law enforcement.”

“That tells me that our laws are too ambiguous, and that they need to be more well-defined,” Adams said, which is one of the goals of her petition.

“So essentially, what you’re saying is it’s OK to interfere with wildlife, to mess with wildlife and put yourself in danger in the meantime.”

More: 'Shocked' Blue Ridge Parkway traveler recounts seeing visitors 'inches' from black bear

Lisa Ward, 53, a former wildlife biologist with the Florida Aquarium who started a different online petition with over 400 signatures in response to this bear cub incident, said she used to work with Florida Fish and Wildlife Commission in her previous role.

“I don't think I have ever seen a situation where they didn’t file charges, even when the people were ignorant of the law,” Ward said. “There is no disturbance of wildlife allowed there.”

“I believe (N.C. Wildlife’s) interpretation of the law was too lenient,” Ward said.

Jones said in his three years with the commission, there have been “a lot of interactions all the time” between humans and bears, including anything from a bear on someone’s back porch to bears getting in people’s houses. Many of those did not harm the animals and were not a direct result of human action, he said. He’s aware of “maybe one” where a person faced a criminal charge.

While game wardens with the wildlife commission have full law enforcement capabilities with statewide jurisdiction, Jones said education is “our biggest resource at our disposal to try and discourage that behavior.” They do most of this education through their BearWise program.

What to do if you see an orphaned bear cub

The public should contact NCWRC if they suspect they’ve encountered an orphaned bear cub. If you believe a cub has been orphaned, do not attempt to capture it. Instead, give the mother plenty of room and time to reconnect with her cub. To avoid harming yourself or the bear cub:

• Do not handle it.

• Do not attempt to catch it.

• Do not remove it.

• Do not feed it.

• Do take note of your location and call the NC Wildlife Helpline (866-318-2401). If after hours or on weekends, call a district wildlife biologist to report it.

Ryley Ober is the Public Safety Reporter for Asheville Citizen Times, part of the USA Today Network. Email her at rober@gannett.com and follow her on Twitter @ryleyober

This article originally appeared on Asheville Citizen Times: NC Wildlife petitioned after Asheville black bear cub 'harassment'