4VAC15-40-282. Game: In General. Unauthorized feeding of bear.
Summary
The proposal is to remove the requirement that a person be notified by Department personnel that they are purposefully or inadvertently feeding a bear(s) prior to being found in violation of this regulation.
Proposed Language
Note: In the “Proposed Language” document, underlined text denotes proposed new language, while text with a strikethrough denotes language that is proposed to be deleted.
Rationale
It has been illegal to feed bears in Virginia since 2003, with a modification to the regulation in 2011 to further specify attractants and responsible parties. The unauthorized feeding of bears, either intentionally or unintentionally through unsecured attractants, accounts for over 70% of all reported human-bear conflict calls each year. These attractants include birdseed, residential garbage, pet or domestic livestock feed, and/or foods placed out specifically to attract bears. Unauthorized feeding of bears has been addressed in each iteration of the Virginia Bear Management Plan and is included in Goal 5: Human-Bear Conflict, of the 2023-2032 plan. Within this goal area, strategies to prevent and mitigate human-bear conflict center around enforcement of 4VAC15-40-282 and education on problems associated with unsecured attractants.
Each year, escalated feeding situations (often intentional feeding) occur that result in the humane dispatch of the bear(s) involved due to extreme habituation and food conditioned behaviors. These scenarios are often unreported until they have escalated to a high level. Additionally, disease transmission (e.g. sarcoptic mange) from the unnatural congregation of animals at a feeding site can exacerbate health and welfare concerns, while also creating human health and wildlife conflict concerns. The requirement for a prior notification in instances such as these are contrary to the intent of the feeding regulation and can lead to the problem continuing to escalate, often impacting multiple property owners and members of the public.
Since 2013, most human-bear conflict calls are reported through the USDA-WS Conflict Helpline. Bear conflict calls peaked in 2020 with a total of 3,500 calls while FY24 had 2,431. Even with the assistance of the Conflict Helpline, bear conflict calls often result in copious amounts of staff time to investigate and resolve. Many situations involve more than a single property/person and can occupy both wildlife and law division staff throughout most of the spring and summer months.
The “prior notification” requirement can increase staff time devoted to these conflict/feeding situations due to the necessity of making multiple visits to the same property. Notifications can come in various forms but are most often a signed letter given to the person by a CPO. Following the notification, it is then the responsibility of the officer to follow back up with the person to ensure that compliance with the feeding regulation per the notification has occurred.
It is important to note that the removal of the prior notification clause does not mean that a citation would automatically be issued by an officer during an initial investigation or report of feeding. As clearly indicated by DWR Law Enforcement Officers, situational officer discretion and the ability to provide warnings versus a citation is used when enforcing all of the DWR (or other VA specific) regulations with or without notification requirement. The requirement of prior notification and the additional time and resources needed to ensure compliance limits officers in their ability to quickly resolve public safety issues where time is a critical component in preventing escalation and subsequent effect to property and human safety. In a majority of instances, a warning or notification will often still be the first course of action to educate the person on the issue. But in instances where egregious feeding is occurring, particularly where adjoining properties or/people are being impacted, the ability to issue a citation immediately would expedite the resolution of the issue.
Information pertaining to the bear feeding regulation can be found on all DWR bear handout materials (BearWise® brochures, Living with Black Bears), the DWR bear website, the DWR annual Hunting and Trapping digest, and throughout many partner agency brochures or recreation areas (US Forest Service, Virginia State Parks). This point is also reiterated in all bear management presentations across the state and in most media contacts pertaining to bears in Virginia.