New Jersey’s attempt to tackle black bear interactions with a proposed bird feeder ban has ruffled more than a few feathers. While the bill aims to limit human-wildlife conflicts, critics argue it smacks of overreach, penalizing everyday residents for something as innocuous as feeding birds. Assemblywoman Dawn Fantasia, R-Sussex, captured the sentiment of many when she called the bill “asinine,” pointing out that it’s primarily driven by legislators from urban and suburban areas with sparse bear sightings.
The bill advanced in committee with an 8-3 vote, and if passed, it would tighten restrictions on feeding black bears. It would eliminate the current exemption for “unintentional feeding” — a provision that previously shielded residents from penalties if their actions weren’t specifically aimed at attracting bears. Instead, it would enforce specific rules for bird feeders and other potential food sources. For example, bird feeders would only be allowed from April to November if they’re at least 10 feet off the ground, emptied nightly, and the surrounding area is kept debris-free. Those who fail to comply could face fines up to $1,000, with penalties now directed to the violator’s municipality rather than the state’s Division of Fish and Wildlife.
For rural residents, this legislation feels like a misguided solution to a non-issue in much of the state. While black bear populations are a legitimate concern in bear-heavy counties like Sussex and Warren, the same can’t be said for places like East Brunswick or Cliffside Park, where bears are far from a daily threat. Yet it’s precisely lawmakers from these less bear-prone areas who are championing the legislation, further fueling the perception of a “nanny state” approach to governance.
“The idea of fining people for something as innocent as feeding birds is absurd,” critics have argued, suggesting that the bill unfairly targets those in bear-dense areas while ignoring the broader context. “We’re not dealing with Yellowstone here,” one conservative commentator quipped, highlighting that the average New Jersey resident isn’t cohabitating with roaming bears.
Another sore point is how the bill reflects a tendency to legislate blanket solutions without acknowledging regional differences. Sussex County residents, who have lived alongside black bears for decades, are generally well-versed in bear-proofing their homes and properties. The proposed legislation, however, assumes ignorance and treats rural communities with the same prescriptive rules as urban ones, even when the risks are starkly different.
The bill’s enforcement framework has also drawn criticism. By removing the “unintentional feeding” exemption, it leaves homeowners vulnerable to penalties for innocent oversights, like a forgotten backyard BBQ or a trash can mishap. And while exceptions are carved out for wildlife management and agricultural activities, everyday New Jerseyans face tighter restrictions with little evidence that such measures will meaningfully reduce bear-human interactions.
As the debate moves forward, residents and critics alike are calling for a more nuanced approach. Instead of blanket bans on bird feeders, why not focus on educating the public about secure trash storage or creating incentives for bear-proofing measures? After all, the bears aren’t reading the rulebook — they’re just looking for food wherever they can find it.