Man cited for killing black bear in his yard

Daily Freeman (Kingston, NY) - - FRONT PAGE - By Jay Bra­man Jr. news@free­manon­

A man has been tick­eted for il­le­gally shoot­ing a bear in this town of Shan­daken ham­let, ac­cord­ing to the state Depart­ment of En­vi­ron­men­tal Con­ser­va­tion.

The man, a Phoenicia res­i­dent whose name was not pro­vided, was cited af­ter the en­vi­ron­men­tal depart­ment and Shan­daken po­lice were no­ti­fied about 11 p.m. Oct. 11 about a firearm be­ing dis­charged in a res­i­den­tial area.

The incident hap­pened at 10 Main St., ac­cord­ing to Shan­daken Po­lice Chef Chad Storey.

Of­fi­cers from the town and state agen­cies found a black bear in a back­yard that had been fa­tally shot. The man who shot the bear told of­fi­cers he did so out of fear, but an in­ves­ti­ga­tion found no ev­i­dence to sup­port that claim, the state agency said.

En­vi­ron­men­tal Con­ser­va­tion spokes­woman Wendy Rosen­bach said there were no signs the bear had bro­ken into the man’s home or tried to do so. The state officer did find trash strewn about the man’s back­yard, Rosen­bach said.

The man was tick­eted un­der the state’s En­vi­ron­men­tal Con­ser­va­tion Law for il­le­gally shoot­ing a bear and dis­charg­ing a firearm within 500 feet of nearby houses, Rosen­bach said.

The agency spokes­woman said it’s le­gal to kill a bear with­out a per­mit if the an­i­mal has at­tacked or tried to in­jure a per­son or pet; has bro­ken into a house; or is de­stroy­ing live­stock or an api­ary, but that au­thor­i­ties must be no­ti­fied im­me­di­ately af­ter. Also, she said, the state can is­sued a per­mit for a landowner to kill a bear if there is proof the an­i­mal is caus­ing prop­erty dam­age.

Asked why she would not pro­vide the name of the Phoenicia man who was tick­eted, Rosen­bach said: “We don’t typ­i­cally re­lease that in­for­ma­tion.”

A per­son an­swer­ing the phone at the Depart­ment of En­vi­ron­men­tal Con­ser­va­tion’s main of­fice in Albany also would not pro­vide the man’s name.

The man is to ap­pear in Shan­daken Town Court.

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