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Update Court: Rogers can’t collar bears, but he can place den cams ..........
The Minnesota Court of Appeals on Monday gave what amounted to a win for both parties in the case of Ely bear researcher Lynn Rogers versus the Minnesota DNR.
Rogers will not be able to collar bears but he will be able to place cameras in bear dens.
The DNR, however, has pointed out there is a state law that requires a permit to disturb bear dens between Nov. 1 and April 1.
In a press release, Rogers said he will resume den camera broadcasts this winter.
The DNR has stated that Rogers could place the den camera prior to Nov. 1 without a permit. But he couldn’t go in and adjust it.
On the issue of collaring bears, the DNR was the clear winner.
The court ruled that the DNR has authority to require a permit to collar bears since collaring falls under possession of an animal.
The court wrote, “The act of attaching a radio collar to an habituated black bear with the resulting capacities to remotely track and locate the bear in the wild and to locate the den of the bear, amounts to constructive possession of the wild animal.”
Rogers said in the press release that he “is considering whether to re-apply for a permit to radio collar bears, or appeal this narrow legal issue to the Minnesota Supreme Court.”
The issue turned into a legal one after the DNR denied Rogers a permit to collar bears and had an administrative law judge rule in the agency’s favor.
Rogers appealed the ruling and the Court of Appeals issued its opinion Monday.
The court compared den cameras to trail or game cameras now commonly used by hunters and outdoorsmen.
“We note that the use of trail cameras and the like is commonplace; they are used by hunters and wildlife enthusiasts. No argument is made in this appeal that automated photography of wildlife requires a permit.”
Rogers was first given a permit to collar bears in April of 1999.
The research turned into a business in 2003 when through his Wildlife Research Institute, Rogers operated a bear field study course.
The court wrote, “For $2,500 each, participants may participate in a four-day program that allows them to locate a collared bear in the wild, observe bears at WRI, listen to lectures presented by relator, visit an unoccupied bear den, look for bear signs in the forest, analyze bear scat, and, until 2012, hand feed uncollared and collared bears, as well as pet, kiss, sit next to, and pose for pictures with bears.”
In June 2013, the DNR decided not to renew Rogers’ permit due to public safety concerns and a lack of peer-reviewed studies based on his research permit.
The court noted Rogers research was “built upon intentional activities that cause habituation in bears.
“Rogers habituated bears using food. As a result he is able to closely observe bears, rest with them, and place radio collars around their necks. The bears are ‘continually fed’ at WRI from feeding troughs and, until 2012, by hand. Rogers is able to get close enough to the bears to take their pulse. Rogers also pets, pats, strokes, and engages in other physical contact with the bears.”
The DNR started investigating Rogers in 2012 after incidents where bears came in contact with people in the Eagles Nest Area.
The court noted in 2013, the DNR received information that Rogers had taught over 650 bear field study course participants how to feed bears by hand.
The focus of the case in relation to collaring bears was what the definition of possession was in relation to Rogers’ activities.
“We hold that the act of attaching a radio collar to a bear with the attendant capacities to track and locate the bear in the wild and to locate the bear’s den amounts to constructive possession of the bear,” was the court’s ruling.
The two sides have been spent a combing $850,000 in legal fees on these issues.
Rogers has said there are 50 wild bears in the Eagles Nest area that are human-habituated and food conditioned.
Minnesota’s game and fish laws make it clear that bears are wild animals owned by the state.