Living with Bears

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Man accused of illegally shooting bear
from the Star-Ledger , New Jersey
Friday, June 13, 2003

BY JIM LOCKWOOD AND PATTY PAUGH
Star-Ledger Staff

A West Milford [New Jersey] man who told police he shot a bear in
self-defense was charged yesterday with illegally shooting the bruin in the
rear as it was "retreating," authorities said.

The state Division of Fish and Wildlife issued a summons to Patrick Flynn of
Greenwood Lake for unlawfully injuring a bear, which carries a fine of
between $100 and $300.

A necropsy determined the bear was shot from 15 yards, or 45 feet away,
based on the spread of buckshot wounds, and not 10 to 15 feet away as Flynn
had claimed, said Jack Kaskey, a spokesman for the state Department of
Environmental Protection.

"Communities need to understand that shooting bears is unlawful," DEP
Commissioner Bradley Campbell said. "While there may be circumstances in
which an immediate threat to safety would excuse a killing, that
justification was not presented by the facts in this case."

Campbell's comments angered Flynn's wife, Kristine.

"Let him come and live at my house and let a 550-pound bear come to your
screen door. You don't know what you're doing to do until it happens," she
said.

A hearing is scheduled in West Milford Municipal Court on July 1 for Patrick
Flynn, who declined to comment yesterday.

Kristine Flynn said the couple had only talked about the matter briefly and
had not decided whether to contest it. She said her husband would not have
shot the bear unless he deemed it a threat. He expressed concerns about the
state making an example of him, she said.

"My husband was afraid that was going to happen. He said that from Day One,"
she said.

"The bear wouldn't have even been on my property anymore (if it was 14 yards
away). At that range, he would have been down a cliff," Kristine Flynn said.

The West Milford incident was just one of several recent human- bear
encounters that have fueled debate over a proposal for a bear hunt in
December. The state's bear population -- estimated at between 1,350 and
3,300 -- has led to an increasing number of complaints and reports of
aggressive behavior.

The shooting was the second time the DEP sided with bears over humans.

On May 23, another West Milford resident was injured after he tackled a
black bear to save his dog. Afterward, Campbell suggested the man may have
provoked the incident by leaving diapers outside in a garbage can.

The Flynns' encounter occurred June 5 when Kristine Flynn spotted a female
bear and her two cubs rummaging through garbage and then coming up to the
front door. She called the police, but by the time they arrived the bruins
were gone. Soon afterward, a large male bear came toward the door, drooling
and growling, she said.

Authorities said the male may have been attracted by the smell of pork chops
on the stove or by the female bear, since it is mating season.

Because of the large number of bears traversing the Flynns' property, state
officials yesterday set up a trap at their home at their request.

Kristine Flynn said a bear pried open the door of a greenhouse room attached
to the house where trash was stored Wednesday. The couple found their
garbage can and spilled bags over a cliff, she said.

Susan Kuchenreuther of the Bear Truth, a group based in West Milford that
supports the bear hunt, called the citation a shame.

"Obviously, the wife was frightened. One bear had already been at the house.
A second one was there. My guess is that it was a gut reaction, no doubt
trying to protect his family," she said.

Lynda Smith, director of the Bear Education and Research group, also based
in West Milford, countered that the citation was appropriate.

"I do think that the Flynns overreacted to the situation and they're (state
officials) saying the bear was retreating. I wouldn't want people to think
they can take matters into their own hands. It is dangerous to discharge a
firearm in a residential neighborhood," Smith said.

Smith described the family as "a classic example of people who have not been
educated about bears," although she noted "there are a lot" of bruins in the
Flynns' neighborhood.

"If they were, they wouldn't be frightened to the degree that they are. I
think if they are educated, they would feel more comfortable living in their
own house. She (Kristine Flynn) said to me last night she's ready to put a
for-sale sign up," Smith said.

With mating season getting into full swing and a long summer ahead, no one
expects human/bear conflicts to cease.

On Wednesday, a 200-pound female bear crashed through the screen door of a
Vernon home, ransacking the kitchen. A woman and her two young children
escaped to a bedroom until police arrived. Authorities shot and killed the
bear as it was leaving through an open window.

Last Friday, three members of a Hamburg family each were charged with
illegally feeding bears after police saw a bear eating from a bucket left
outside their home. These were the first summonses issued under a new law
prohibiting feeding of bears that went into effect in November with a
maximum $1,000 fine.

On May 20, a Sparta toddler was swatted by a bear as the boy sat on his
front stoop, where open trash cans nearby were thought to have enticed the
bear.

Last year, four people shot bears in their yards; two received summonses but
the other two were deemed justified, Kaskey said.

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