Longtime bear reÂsearchÂer Lynn Rogers can reÂsume his InÂterÂnet vidÂeÂo den camÂeras, but he canÂnot use raÂdiÂo colÂlars to track the wild aniÂmals, the Minnesota Court of Appeals ruled MonÂday.
"I'm thrilled that the court recÂogÂnized the value of my reÂsearch and ruled I can place the den camÂeras for sciÂence reÂsearch," Rogers said. "But we could do a much betÂter job with raÂdiÂo colÂlars to find parÂticÂuÂlar bears. We will do the best that we can."
Last year, the Department of NatÂuÂral Resources afÂfirmed its earliÂer deÂciÂsion to deny a perÂmit to Rogers, who gained fame by putÂting raÂdiÂo colÂlars on North American black bears in northÂern Minnesota. The DNR deÂciÂsion came afÂter an adÂminÂisÂtraÂtive law judge said the DNR had the auÂthorÂiÂty to reÂfuse to reÂnew Rogers' perÂmit.
For 14 years, Rogers had hand-fed wild black bears in ordÂer to colÂlar them with satÂelÂlite trackÂing deÂvices.
He would post live InÂterÂnet vidÂeÂo feeds from their dens. He drew a gloÂbal audiÂence and more than 140,000 FaceÂbook folÂlowÂers, who got to know bears such as Lily and Hope through Rogers' live feeds. The camÂeras have been highÂly praised by scientists and teachers.
But on MonÂday, the Court of Appeals ruled that raÂdiÂo colÂlarÂing of bears meets the statuÂtory defiÂniÂtion of "conÂstrucÂtive posÂsesÂsion," which reÂquires a perÂmit. Rogers' lawÂyer David MarÂshall said he is conÂsidÂerÂing whethÂer to reÂapply for a perÂmit or apÂpeal to the SuÂpreme Court.
DNR spokesÂman Chris NisÂkanÂen said it's very unÂlikeÂly the aÂgenÂcy would isÂsue a perÂmit to Rogers beÂcause of conÂtinuÂing public safeÂty conÂcerns. "We are very satisÂfied with the court's deÂciÂsion," Niskanen said. "The deÂciÂsion was reÂalÂly about whethÂer a perÂmit is reÂquired to colÂlar a bear. We beÂlieve we are the aÂgenÂcy that's reÂsponÂsible for perÂmitÂting wildÂlife reÂsearch. AnyÂone inÂterÂestÂed in it needs to come to us."
The Court of Appeals ruled that Rogers needs no perÂmit to use den camÂeras. Rogers plans to reÂsume the broadÂcasts this winÂter. He has reÂsearch inÂforÂmaÂtion, inÂcludÂing GPS coÂorÂdiÂnates, reÂgardÂing the loÂcaÂtion of bear dens, which he will use for camÂerÂa placeÂment. State law does not alÂlow a perÂson to disÂturb the burÂrow or den of a wild aniÂmal beÂtween NoÂvemÂber 1 and April 1. If Rogers needÂed to adÂjust a den camÂerÂa durÂing that time, he would need a DNR perÂmit. The aÂgenÂcy would have to see his proÂposÂal beÂfore it would conÂsider it, but NisÂkanÂen aÂgain said it is doubtÂful they would isÂsue such a perÂmit.
A wildlife biologist, Rogers, 76, opÂerÂates the WildÂlife Research Institute in Eagles Nest Township near Ely, Minn., withÂin the SuÂpeÂriÂor National Forest. He bought land in the townÂship to study bears afÂter hearÂing that local resiÂdents had been feedÂing bears for years with very few "nuiÂsance probÂlems." Rogers not only feeds the bears, but pets, pats and strokes them. For $2,500, peoÂple can parÂticiÂpate in a four-day bear edÂuÂcaÂtion program at the Institute.
He first started placing radio collars on bears in the late 1990s and regularly got permits from the DNR until 2013. That's when the agency began getting reports from homeowners that local bears were coming up to their residences and refusing to leave. There also were reports of dogs being injured by bears and a videotape of Rogers punching a bear in the face.
When the DNR reÂfused Rogers' perÂmit last year, it cited public safeÂty isÂsues, conÂduct that it conÂsidÂered unÂproÂfesÂsionÂal and quesÂtions about the vaÂlidÂiÂty of Rogers' reÂsearch, inÂcludÂing his failÂure to pubÂlish sufficient peer-reÂviewed reÂsearch. The DNR has reÂceived 69 comÂplaints from area resiÂdents about Rogers' bears since 2009, court docuÂments said. The DNR's ordÂer did alÂlow Rogers to conÂtinÂue feedÂing and interacting with bears and conÂduct edÂuÂcaÂtion.
"We beÂlieve hand feedÂing of bears and tamÂing these wild aniÂmals pose a public safeÂty isÂsue," NisÂkanÂen said. "Many bears in Eagles Nest Township view huÂmans as a source of food."
Rogers enÂjoys wide supÂport of resiÂdents, his atÂtorÂney said. In 2011 and 2013, the Ely City Council isÂsued resoÂluÂtions supÂportÂing Rogers and his reÂsearch. Rogers beÂlieves comÂplaints against him to the DNR startÂed when he chalÂlenged the aÂgenÂcy and its efÂfort to reÂvoke his perÂmits. He said the DNR had a camÂpaign to disÂcredÂit him through false claims, such as the public safeÂty isÂsue. In one year, he went from no comÂplaints to 17.
For his work, Rogers asked three reÂsearchÂers to reÂview his study protocols, and they found no safeÂty isÂsues. He interÂviewed hikÂers and runÂners in the area, and alÂmost no one said they had safeÂty conÂcerns reÂgardÂing his bears.
On MonÂday, the Court of Appeals ruled the DNR made a reaÂsonÂable inÂterÂpreÂtaÂtion of state law that putÂting a raÂdiÂo colÂlar on a bear means that perÂson posÂsessÂes the bear, which reÂquires a perÂmit.
David Chanen • 612-673-4465