Appeals Court: Bear collars amount to possession
Published 10:34 am Tuesday, July 14, 2015
MINNEAPOLIS — Attaching a radio collar to a bear so it can be remotely tracked requires a permit because it amounts to possession under Minnesota’s fish and game laws, the state Court of Appeals ruled Monday.
The ruling comes in the case of Lynn Rogers, an Ely-based researcher who gained international attention for his work, which included placing cameras in the dens of black bears in northern Minnesota to stream live video of births to huge online audiences.
Rogers, who is chairman of both the Wildlife Research Institute and the North American Bear Center, has been studying bears for years, getting close enough to hand-feed them, put collars on them and even take their pulse.
In 2013, the Department of Natural Resources refused to renew his permit to collar the bears, citing public safety concerns after reports that bears were approaching humans for food and not easily turned away. Rogers sued, and the case ultimately went to the appeals court.
The DNR reasoned that a permit is required because possession happens when a bear has a collar that gives researchers continued access and leaves the animal “unable to avoid the continued human intervention.”
On Monday, the appeals court said the DNR’s interpretation was reasonable, so it would defer the decision on a permit to the DNR commissioner.
While the issue on appeal focused on the radio collars, the appeals court also said Rogers does not need a permit to place cameras in bear dens.
Rogers released a statement Monday saying he plans to resume den camera broadcasts this winter and that he is considering whether to re-apply for a permit to collar the bears or take the issue to the Minnesota Supreme Court.
DNR spokesman Chris Niskanen said the agency won’t renew Rogers’ permit for radio collaring. When it comes to the den cameras, he said another state statute prohibits anyone from disturbing a bear’s den from Nov. 1 through April 1 without a permit.
Rogers would be allowed to set up his cameras before Nov. 1 and leave them alone all winter. But if he plans to set up cameras after Nov. 1 or adjust them at all during the winter months, he’ll need to apply for a permit, which Niskanen said the DNR would review.
Rogers attracted a devoted online following when he installed a camera in the den of a bear named Lily, who gave birth to a cub on the Internet in 2010.
In an email to The Associated Press, Rogers said he’s pleased with the appeals court finding on the den cameras, which he called “a groundbreaking opportunity to study the least-studied half of black bear life.”
He added: “I just want to move ahead for science and education and am thrilled that the judges saw the value of our research and ruled that we can resume broadcast of the Den Cams to learn all we can from that opportunity.”