Webb town board debates tougher fines and clearer definitions for the proposed law on feeding and harassing wild animals, following death of bear family
By Jamie Organski
Town of Webb residents weighed in on a proposed local law that would prohibit the feeding and harassment of wild animals during a public hearing Sept. 10. Both the meeting and proposed law are in reaction to an incident last month where a mother bear and her two cubs were euthanized by a New York State Environmental Conservation Officer. The bears were deemed a threat to people as a result of prolonged human contact.
The draft law defines wild animals as “any animal that is not normally domesticated in New York state,” including, but not limited to, bears, coyotes, deer, foxes, groundhogs, opossums, raccoons, skunks, waterfowl, and nuisance birds other than songbirds or hummingbirds.
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The proposed law states that no person shall knowingly feed, bait, harass in any manner, or provide access to food to any wild animal in the town of Webb.
Exceptions are listed as veterinarians, certified wildlife foundations or other nonprofits who rehabilitate injured animals, and any agent of the town, Herkimer County, or state who is authorized to implement an alternative control method in an approved management plan.
According to the draft law, violators will be subject to a fine of no less than $1,000 and no more than $1,500 for each offense, together with the cost of prosecution. Currently in New York state, incidental or indirect feeding of black bears becomes unlawful after the issuance of a written warning. These are violations with a penalty of up to 15 days imprisonment and / or a fine of no more than $250.
Residents’ reactions
Resident Charlie Crawford asked for clarification on what constitutes harassment of wildlife. He suggested the proposed law includes specific verbiage such as touching, approaching, throwing objects at wildlife, and failing to obey instructions of enforcing officers.
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“If people are told to back off and they don’t, it should be a violation,” Crawford said.
Lisa Bolton suggested a steeper fine than $1,500 after a third offense, stating she recently observed a mother attempting to seat her child on top of a deer’s back in order to snap a photo. Bolton expressed frustration with the improper storage of garbage, noting it exacerbates the issue by inviting bears and deer to roam populated areas of town. Bolton urged business owners to ensure dumpsters are equipped with lids, electric fencing, and that the lids are closed at night.
“We are killing animals for nonsense,” Bolton said. “We as a community are also responsible. Townspeople have to be on notice too. It has to be on us, then it trickles down.”
Vicki Kline of Pine Knoll Hotel Lakeside Lodge & Cabins said she does her best to responsibly store garbage in a shed, explaining that an especially eager bear recently broke into the shed.
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“The shed is electrified at the highest level, and this bear wasn’t stopping at any cost,” she said.
Bird feeders
The proposed law prohibits the storage of refuse, garbage, food products, pet food or forage products, salt, seed or birdseed that could attract wildlife.
The feeding of wild birds other than nuisance birds (gulls, swans, wild ducks, mute swans, Canada geese, etc.) and waterfowl will be permitted outdoors from Oct. 1 to April 30, provided it doesn’t create an unreasonable disturbance, according to the proposed law.
Andrew MacDuff of the DEC said that bird feeders have the potential to be problematic. Currently, if a bird feeder becomes an attractant to wild animals, the owner is issued a written warning, and receives a violation upon a second offense.
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Relocation as an option?
Don Andrews said he reviewed the DEC’s 119-page black bear response manual that describes how bears are dealt with in different scenarios. He asked if relocation could be an alternative solution as it has been done in the past
“I’m sure the DEC officers that respond to these [interactions] do not want to destroy these bears,” Andrews said.
MacDuff made the decision to have the bear and cubs destroyed last month, adding that when relocation of bears was practiced, they came back more often than not.
“We do rehab cubs, but only have one facility to do that,” he said. “We aren’t perfect, but we are certainly doing what we can. I think this proposal is another good step in the right direction.”
Former Webb Councilman Kurt Gardner said he believes there are lots of layers to this issue, adding he is hopeful for police support with enforcement. Gardner suggested verbiage be added to specify that harassment of wildlife includes people cornering animals.
“I find people in our yard all the time trying to go after animals,” Gardner said.
Town of Webb Councilman Mike Ross thanked attendees for their input, indicating the town board, along with the town lawyer, will be going back to the drawing board. A new draft law will be presented during a public hearing to be scheduled at a later date. The Webb Town Board estimates a law would likely be put into action in 2025.
Photo at top: One of many signs posted throughout the Town of Webb, urging people to refrain from feeding wild animals. Photo by Jamie Organski.
Editor’s note: A previous version of this story quoting the draft law included phoenix, griffons, hydra and wombats in the list of wild animals. We are seeking clarification about why these animals are included and have taken them out of the list for now.
So a hummingbird feeder will be illegal in the summer?
I wondered about that too. You have to place them so the birds and only the birds can get to them. Can be challenging but can be done.
And it would be illegal.
“The draft law defines wild animals as “any animal that is not normally domesticated in New York state,” including, but not limited to, bears, coyotes, deer, foxes, griffons, groundhogs, hydra, opossums, phoenix, raccoons, skunks, waterfowl, wombats, and nuisance birds other than songbirds or hummingbirds.”
Who exactly wrote this draft? Unicorns not mentioned? I haven’t seen a phoenix in ages, and it was ‘rasslin’ with a griffon at the time.
And by hydra I bet they meant the a gigantic water-snake-like monster with nine heads rather than the freshwater hydrozoan.
Good points! We asked about those non-Adirondack additions and were told that’s what the lawyer wrote.
It’s because the lawyer thinks that the town of Webb people are just a bunch of dumb hicks and is having fun at their expense.
It is already illegal to feed deer in NY. How about charging people who do it. That is part of the problem with wildlife in Old Forge, filled with tourists who don’t know the laws and feed the deer. A bunch of locals feed them also.
Hello- I live in the Adirondacks in the summer, but I am a resident of NH now. Previously I lived for 30 years in Vermont and bears are an issue there too. I do feel that humans are encroaching on all bear habitat, so it is imperative that humans take the necessary steps to make sure bears cannot have access to human food, compost, chicken coops etc. If you would please tell the people involved in the government in Old Forge area, that Meredith, NH required that all commercial establishments invest in super heavy garbage containers. Supposedly it takes two humans to open these containers to throw in the nightly garbage, but the town has been highly successful in stopping the bears roaming into town and eating garbage because they cannot open these new containers! I guess it will take some investment in decent containers to stop bears from gaining access to commercial garbage? In many Western US towns citizens are forced to buy expensive, bear proof garbage containers. They are very expensive, but seem to work. Bears are very smart. Why go forage for acorns when someone will feed you a yummy meal for free? And then the sow teaches her cubs to repeat this efficient, high caloric behavior.
On the other side of the equation, it is against the law to feed bears in Vermont too, but more and more bears are having run ins with humans. I feel that enforcing the illegal feeding is paramount to stopping humans from feeding bears in all states. Put some teeth in the fines and perhaps this will begin to protect the wildlife in the Adirondacks? A fed bear is a dead bear.
You can look at it a few ways. Sure it was bear habitat before we got there. But now bears are encroaching on human territory. Lots more bears now than in the past, fueled by us. Not just feeding them on purpose but its easier to be a bear where we live, minimal threats. Losing a few bears each summer now is not a big deal. Sorry.
“The proposed law states that no person shall knowingly feed, bait, harass in any manner, or provide access to food to any wild animal in the town of Webb.”
This would also include pollinators. They are wild animals. Planting of flowers or forage plants would also be illegal and violators should face stiff fines and penalties.
Humans are not encroaching on bear habitat. Humans are making their habitat more hospitable for bears. That’s why we have so many more bears.