You asked about the rights of a person who encounters a bear on his property or the property of another. You want to know what methods Connecticut has considered to control its bear population. OLR is not authorized to give legal opinions and this report should not be considered one.

SUMMARY

According to the Department of Environmental Protection (DEP), a person may kill a bear if he reasonably believes it is going to kill or seriously injure him or others, regardless of where the threat takes place. Additionally, the law allows farmers or farm workers to legally kill a bear that damages any property on land used for agriculture. Connecticut does not have a bear hunting or trapping season.

DEP is developing a bear management plan, and is now reviewing what other northeastern states have done. These management methods may include banning the feeding of bears, educational programs, creation of hunting seasons, relocating problem bears, official culling, and other methods. DEP hopes to complete the plan and submit it for approval by department officials by the end of 2007.

CONNECTICUT'S BEAR POPULATION

DEP believes there are about 300 black bears in Connecticut, and that the bear population may be growing at an annual rate of 10% to 20%. In 2006, there were more than 2,000 bear sightings in 125 Connecticut towns.

Bears cannot be legally hunted or trapped in Connecticut. But the law allows landowners and lessees of land used for agricultural purposes, or a person regularly employed by these landowners or lessees, to pursue, trap, and kill any fur-bearing animal (except deer, which are dealt with separately) that is injuring his property (CGS § 26-72). DEP states that if such an individual asks DEP for help, the department's first option would be to trap the bear, not kill it.

Environmental Conservation Police Col. Eric Nelson states that people are allowed to defend themselves if they reasonably believe a bear is threatening to kill or cause serious physical injury to them or others, but that DEP will investigate such instances to determine if it was justified. People found to have violated the law regarding the trapping or killing of a bear would be subject to a fine of up to $ 200, up to 60 days in jail, or both (CGS §§ 26-72 and 26-81 (§ 26-81 also sets a minimum fine of $ 10)).

DEALING WITH BEARS

DEP has created several websites to advise residents on how to deal with bears. This information can be found at DEP: Problems with Bears (http: //www. ct. gov/dep/cwp/view. asp?a=2723&q=325930&depNav_GID=1655), and DEP: Black Bear Fact Sheet (http: //www. ct. gov/dep/cwp/ view. asp?a=2723&q=325968&depNav_GID=1655). Residents may report a black bear sighting to DEP at Black Bear Report Form (http: //www. depdata. ct. gov/wildlife/sighting/bearrpt. htm). Information about a bear that DEP had to destroy can be found at DEP: Problem Bear Euthanized (http: //www. ct. gov/dep/cwp/view. asp?a=2723&q=326116& depNav_GID=1655). These sites provide much of the following information on how to prevent bears from causing problems. We are attaching some of the information included on these sites.

DEP advises people not to feed bears, either intentionally or unintentionally. Bears that associate food with people become problem bears that not all property owners will tolerate.

Residential Problems

DEP says most residential problems occur because bears are attracted to outside, available food sources, such as bird feeders and household garbage. DEP recommends that people who maintain backyard birdfeeders remove them from spring until late fall. Garbage should be stored in a garage or shed, placed in airtight containers, or combined with ammonia. Bears also may be attracted by (1) pet or livestock feed stored outdoors, (2) grease and drippings from barbecue grills, (3) sweet or fatty food placed on compost piles, and (4) fruit on or fallen from trees.

Homeowners should stay away from bears on their property, or try to frighten them with loud noises. People encountering a bear should wait in a vehicle or building for the bear to leave. Given an avenue for escape, bears will usually wander off into more secluded areas.

Farmers

Farmers can protect their animals with electric fencing, by moving them into sheds at night, containing their feed, keeping stock away from forested areas, or by using guard dogs.

Campers and Hikers

When camping, people should keep a clean campsite, and store food and garbage away from the campsite in secure containers. A hiker encountering a bear should make his or her presence known by yelling or making other loud noises. If the bear does not retreat, the hiker should slowly leave the area.

REMOVING AND RELOCATING PROBLEM BEARS

Because black bears are rarely aggressive toward humans, the mere presence of a bear does not mean DEP will remove it. DEP works with local public safety officials to monitor bear activity in developed areas. The department says coordination and cooperation with local police officials is critical in educating the public and assuring a safe, desirable outcome.

Although DEP seldom relocates bears, it will remove a bear from an urban location when (1) there is little likelihood that it can leave safely on its own and (2) the bear is in a position where it can be safely immobilized. DEP tranquilizing teams, consisting of Environmental Conservation Police Officers and wildlife biologists, are trained and equipped to immobilize wildlife.

Bears cannot be relocated to another state because other states do not allow it. DEP may have to kill bears that show persistent, serious, dangerous behavior, such as killing protected livestock or entering buildings.