Education not incarceration

#educationnotincarceration

So one day when my Dad was alive he decided that he was taking my mom and moving from Boca Raton to Boulder, Colorado.

One of them was sick and my sister and her family were out of town and I was at their home with one of my favorite dogs, Blue.

This was a great trip. I wrote a kick ass article about the issues with dogs in the open spaces for Boca Dog Magazine while I dealt with my aging parents medical issues.
One morning I was sleeping and Blue came in and would not leave me alone. This is one of best dogs I have ever known. You could take  her anywhere (except to  the vet and that’s another story) off leash. I’m having this crazy dream and Blue is waking me up and I’m digging the dreams and I’m sleeping and she just won’t stop. I get up and she throws herself up against the window and down below I see this huge black bear feasting on the garbage.
I apologize to Blue and I just stand there and watch because I have no earthly idea of what to do.
I had seen lots of animals here. In the foothills of Boulder there are  deer, mountain lions,  but I had never seen a bear this close before. So i decided it (he she?)would eventually go away when it (he/she) was full.

Fast forward to a few years ago I was sitting at a table with my friend Maryanne and she’s pitching this film about “The Cape Cod Bear.” I love this idea. I knew about the Boulder bear and other bear stories and I thought it was great.

Fast forward again to last year I went up to Gainesville with Maryanne  to the Cinema Verde Environmental Film Festival and Maryanne had invited a guest to come to the screening  from Florida Wildlife and the one thing I learned from that day is “Don’t feed the bears.” That was the big sticking point. We, humans, are the worse enemy of the bears. Us.

One other thing I learned is that male bears leave their homes in search of mates far away because genetically that is the right thing to do. At this point the black bears in Florida are smarter than our legislators. They at have sense to follow their good intuition and do the right thing.

Sorry I digress.

So here is the film and maybe you all could watch it and learn something.  It’s playing all over including

Official Selection 50th Annual Conference of the Animal Behavior Society at UC Boulder, CO

http://www.mgproductions.biz/rewilding-america-lessons-learned-cape-cod-bear

So fast forward to now.
Our Florida legislators are considering opening up hunting because we humans can’t stop feeding them.

and they are putting this in place.
http://miami.cbslocal.com/2015/04/27/lawmakers-look-to-curb-bear-gator-feeding
TALLAHASSEE (CBSMiami/NSF) – As the state tries to reduce dangerous interactions between bears and humans, lawmakers have given final approval to a bill that would change the penalties for feeding wildlife.
The Senate on Friday unanimously approved the bill (HB 7021), which passed the House earlier and now goes to Gov. Rick Scott.
The bill, sponsored by Rep. Jennifer Sullivan, R-Mount Dora, and Rep. Jay Trumbull, R-Panama City, comes as the Florida Fish and Wildlife Conservation Commission prepares to give formal approval to a black bear hunt this fall — the first such hunt in two decades.
The hunt stems from interactions between bears and humans in some parts of the state, with wildlife officials saying a major cause of the problem is residents leaving out garbage that attracts bears.
The bill, in part, would increase penalties for people charged a fourth time with feeding bears and alligators not in captivity. The charge would be a third-degree felony.
Currently, a fourth offense of illegally feeding wildlife within a 10-year period is a first-degree misdemeanor.

So what is a third degree felony?
http://www.ericmathenylaw.com/Criminal-Defense-Blog/2010/December/3rd-Degree-Felonies.aspx
A third degree felony is the least serious of all the felonies.

3rd Degree Felonies
Posted on Dec 25, 2010 7:55am PST
3rd degree felonies are some of the most common felony offenses committed in Florida.

Everybody charged with a felony is facing a maximum sentence of state prison.

3rd degree felonies are punishable by a maximum of 5 years in prison.  If you are a Habitual Offender (HO), you face 10 years for most 3rd degree felonies.

The penalties for 3rd degree felonies can range from PTI (Pretrial Intervention), all the way up to prison.

For the most part, 3rd degree felonies are non-violent property crimes and drug possession-level offenses.

Some examples of 3rd degree felonies are:

Possession of cocaine
Possession of oxycodone
Possession of marijuana (more than 20 grams)
Grand theft 3rd
Burglary of an unoccupied conveyance
Burglary of an unoccupied structure
Driving as a Habitual Traffic Offender (HTO)
Aggravated assault
Felony battery
Battery on a law enforcement officer
Resisting an officer with violence
Uttering a forged instrument
3rd or subsequent DUI
3rd degree felonies are punishable by a maximum of 5 years in prison.  If you are a Habitual Offender (HO), you face 10 years for most 3rd degree felonies.

The penalties for 3rd degree felonies can range from PTI (Pretrial Intervention), all the way up to prison.

So, if my adventure with the bear was today or at least when this law is past – orange would be my new black. As bad as possessing cocaine or battery on a law enforcement officer or forgery.

How in the world did we get here?

Instead of killing bears and going to jail why not educate people on how to deal with bears. This is not grizzly man.

http://www.skinnymoose.com/bbb/2007/06/23/expert-advice-on-dealing-with-black-bears

and please stop feeding them.

Education not incarceration.

Addendum

Yes, it is strictly against the law to intentionally feed bears in Florida. [1]

The Law

Under Florida law and Florida Fish and Wildlife Conservation Commission (FWC) rules, it is illegal to intentionally feed black bears or to intentionally leave out food, garbage, or other attractants that lure bears in and create a nuisance. [1, 2]

Has anyone in Florida ever been arrested for feeding a bear?

es, an 81-year-old woman named Mary H. Musselman from Sebring, Florida, was arrested in January 2014 for intentionally feeding black bears.

Key Details of the Case

• The Violation: She repeatedly put out large amounts of food—including dog food, birdseed, and corn—for black bears coming onto her property, despite multiple warnings and a court probation order telling her to stop. [1, 2, 3]
• The Arrest: Wildlife officers and a Highlands County Sheriff’s Office deputy arrested her after finding fresh feed in her yard in violation of her probation, during which she also fought with authorities. [1, 2]
• The Impact: Officials stated that one of the bears visiting her property lost its fear of humans and had to be euthanized for public safety. [1, 2]

Then this happened!

81-year-old Fla. woman arrested, held without bond — for feeding bears

• Feb 2, 2014 Updated Dec 2, 2021

Wildlife officers went to Musselman’s home on Nov. 12 and immediately spotted a black bear on her property, Morse said. “It was coming right up to people.”

On Nov. 19, officers visited Musselman’s property again and saw that she was putting out birdseed and dog food.

“She admitted to purposefully feeding bears,” Morse said. Musselman told officers she was afraid the bears would starve if she didn’t feed them, Morse said.

Then, after being warned, bird seed and dog food were once again found on Musselman’s lawn three separate times in December, officials said.

She was given two misdemeanors and another warning, but on Jan. 5 an officer did a weekly inspection and found Musselman was still continuing to feed bears, which landed her in court on January 24.

She was told, “If she violated the conditions of her probation she’d be picked up and jailed,” Morse said.

During a subsequent inspection, more food was found on Musselman’s property, and the Wildlife Conservation Commission kept their promise, arresting her on Wednesday, Jan. 29.

In the process of being brought into custody she allegedly fought and kicked officers, which resulted in charges of resisting arrest and battery on a law enforcement officer.

She additionally “threatened to shoot and kill the officer if she set foot on her property again,” Morse said. “And I will tell you that is recorded on tape.”

Sadly, I found her obituary.

MUSSELMAN, Mary E., 81, of Sebring passed away Friday, August 29, 2014. She was born October 28, 1932 to Bernard and Leona Horwedel of Vermont, IL. She is survived by her husband, William R. (Bill) Musselman of Sebring, FL, her twin brother, Merle (Ruth Ann) Horwedel of Buda, IL, and her older brother, Harold (Mary) Horwedel of Vermont, IL. She is also survived by many nieces and nephews who describe her as so close and special to them that she was more of a mother than an aunt. Mary grew up on a farm in Illinois. In her younger years, she described herself as a “tomboy” and was always nursing and caring for animals and birds. 

Her lifelong love of animals started early with lots of pets including raccoons, rabbits, kittens, squirrels, birds, pigs, calves, chickens, dogs, and horses. She could control pets, animals and livestock often when her two brothers and her dad could not.

She obtained her master degree. She was a teacher. There was no mention of her bear debacle. What a perfect end. May you rest in peace Mary and thank you for everything you did especially for the bears.