This is a Message Board Post that is gatewayed to this mailing list. Author: marysday Surnames: Noyes Classification: biography Message Board URL: http://boards.rootsweb.com/localities.northam.usa.states.oregon.counties.lincoln/5496/mb.ashx Message Board Post: The News Times, Newport, OR 97365 Posted: Friday, Jul 16th, 2010 BY: Larry Coonrod WOMAN APPEALS BEAR FEEDING CONVICTION Ordered out of her rural Yachats area home for three years after a jury found her guilty in 2009 of disturbing wildlife by feeding bears, Karen Noyes is appealing the conviction. Lincoln County District Deputy Attorney Elijah Michalowski said Noyes, who spent $100,000 feeding bears over about a five-year period, disrupted their natural feeding habits. (Courtesy photo) Lawyer says Noyes did not harm wildlife By Larry Coonrod Of the News-Times A Yachats woman convicted last summer in Lincoln County Circuit Court for feeding black bears has filed an appeal in the Oregon Court of Appeals. A jury found Karen Noyes, 62, guilty on June 2, 2009 of a state law prohibiting chasing, harassing or disturbing wildlife. By her own admission, Noyes spent about $100,000 over several years feeding bears at her five-acre property three miles up the Yachats River valley. Noyes, who moved to Yachats in 2002, started feeding the bears after the death of her husband. Their presence was comforting, she said. A photo taken by Noyes shows 14 bears in her backyard. Oregon State Police charged Noyes with five counts of recklessly endangering another person and four counts of harassing wildlife in August 2008. The charges came after neighbors and state wildlife officials killed four bears in a four-week period after a rash of property damage and livestock loss. The state said the bears, accustomed to an easy source of food, began raiding surrounding properties when Noyes went on vacation in the summer of 2008. A marauding bear killed 60 turkeys at a nearby poultry farm. Another neighbor testified at Noyes' trial about finding a bear with its head poking through a pet door one night. A bear tore through a wall in the same neighbor's barn in search of horse grain. Lincoln County Deputy District Attorney Elijah Michalowski argued that Noyes disturbed the bears by disrupting their natural feeding patterns. Noyes is the first person in Oregon ever convicted of disturbing wildlife by providing food. Oregon Department of Fish and Wildlife biologist Doug Cottam testified that a person putting birdseed out is also disturbing wildlife, especially in the summer when young birds should be eating insects and not grain. The jury deliberated three-hours before finding Noyes guilty on one count of disturbing wildlife and not guilty on all five counts of reckless endangerment. At sentencing, Judge Thomas Branford ordered Noyes out of her home for three years. As a condition of her probation, Noyes cannot even be on Yachats River Road between its junction with Highway 101 and the north and south forks seven miles up river. Attorney Geordie Duckler with The Animal Law Practice in Tigard is handling Noyes' appeal. Duckler said he will argue that the harassing and disturbing wildlife law is intended to prevent people from harming wildlife, which he says Noyes did not do. "Since the only evidence ever against her was she fed wildlife, the connection would have to be that somehow feeding wildlife is inheritably harmful," Duckler said. "That can't be so, and would certainly be a big shock to anyone who puts birdseed out or puts some corn out for a squirrel." Duckler says it will be several months before the appellate court hears arguments in the case. The Oregon Department of Justice is handling the appeal on behalf of the state. Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.