Yachats woman found guilty of Harassing Wildlife:
Conviction believed to be a first in Oregon involving feeding wildlife
June 2, 2009
NEWPORT, Ore.—A jury at the Lincoln County Courthouse today found Karen Jean Noyes of Yachats guilty of Harassing Wildlife in the case State of Oregon vs. Noyes.
These photos were part of the evidence presented by the Lincoln County DA at the trial. Photos courtesy of Lincoln County District Attorney’s office and Oregon State Police.
The charge and conviction stems from her feeding of black bears from August 2006 to August 2008. Oregon State Police (OSP) and ODFW believe this is the first time the Harassing Wildlife charge has been used in a case involving the feeding of wildlife.
ODFW and Noyes’ neighbors had asked her to stop feeding bears on several occasions before she was cited and charged. ODFW’s first contact with Noyes to discourage her from feeding bears happened five years ago. OSP cited Noyes for one count of Harassing Wildlife on Aug. 1, 2008.
“Feeding bears is bad for people, for property and for bears,” said ODFW Mid-Coast District Wildlife Biologist Dr. Doug Cottam, who testified during the trial. “Please, don’t feed the bears.”
Bears fed by people become habituated and food-conditioned, losing their natural fear of people and becoming nuisances or public safety threats. Bears that become human safety issues are often destroyed to protect the public safety. Bears like this often cause property damage, too.
ODFW routinely urges people to never feed black bears and to secure food sources such as garbage cans so bears are not accidentally fed.
Evidence presented at trial During the trial May 28-29 and June 2 at the Lincoln County courthouse, evidence was presented that Noyes and another person living on the property fed bears a variety of different foods including fruit, vegetables, sunflower seeds, honey and pet food. Photographs presented as evidence show Noyes hand-feeding bears and 14 bears on the property at one time. Cottam testified that bears are typically solitary but will tolerate each other when there is a high concentration of food.
Several neighbors testified that the bears on their property showed no fear of people, whereas other bears they had seen while hiking or in other situations always ran away. Most of the neighbors had not experienced damage by black bears before the summer of 2008, even though some had bird feeders and compost piles on their property. One neighbor testified that the bears bypassed available apples and berries, a natural food source that they had previously eaten, and broke into her barn to get at feed sacks instead.
Oregon Revised Statutes 498.006 says “no person shall chase, harass, molest, worry or disturb wildlife…” Lincoln County’s District Attorney argued that Noyes had disturbed wildlife by altering the bears’ natural behaviors, including their feeding habits and their wariness of people.
“These bears’ natural cycle—what they ate and where they got the food they ate—was changed. It was disturbed,” said Lincoln County Deputy District Attorney Elijah Michalowski during closing arguments. “The way they interacted with humans was also disturbed. Experts said bears are naturally afraid of humans but these bears were not afraid.”
Damage and human safety concerns Five of Noyes’ neighbors testified about experienci
