Lyme Disease Debate—

Residents Raise Deer Management Arguments

By Kendra Bobowick

In tears, Patricia Fogelstrom tried to control her voice last week when she told Conservation Commission members, “There is a strip of woods behind my house and my neighbor shot all the deer with a bow and arrow. He shot them in the backyard.”

Unraveling the thread of her story, she next explained, “They said I would be arrested.” Licensed archery hunting on private property is legal in this state, as clarified in the Connecticut Hunting and Trapping Guide, 2008, which is available at the town clerk’s office. The book also notes that harassment laws “protect the rights of sportsmen.”

From her front row seat in a conference room at the Kendro building Tuesday, November 25, Ms Fogelstrom continued, “I fed them, and now all I have left are the babies.” The commission members were quiet. She continued, “I have had solace in the backyard, and enjoyed the animals, and this man, within a month, has changed everything. And the embarrassment of a police officer saying I’ll be arrested — something is wrong.”

Among a handful of like-minded residents, including Lorrie Silber, who witnessed a deer shot with an arrow last week, Ms Fogelstrom was among those wishing to oppose or discuss the town’s recent considerations for a deer-culling program. Past months have found Newtown’s Lyme Disease Task Force members and supporters making an appeal to officials to reduce the deer population with the hopes of also bringing down the number of Lyme disease cases. Conservation members had listed on their agenda discussion regarding whether or not hunting should be permissible on the town’s open spaces.

Acknowledging that the issue first arose when Lyme Disease Task Force members suggested a link between the deer population and Lyme disease, Conservation Chairman Joe Hovious admitted that this is an emotional issue. “This is not an easy thing,” he said. As of last week, he confirmed after a brief back-and-forth among commission members, that “we’re not ready to debate” the topic conclusively regarding deer culling on town land, “But, we’re ready for input.”

Also speaking at the meeting, Ms Silber told the commission she had heard about the deer culling proposals. “As an animal lover it piqued my attention,” she said. As a realtor, she worried about the use of open space, calling it “our solitude and refuge, our security.” The idea of hunters on these parcels “made me go into action,” she said. Arguing from a market viewpoint, she said, “Those forests and preserves are a huge selling point. You can nature walk, there are horse trails used for enjoyment; it’s designated safe open space and I am afraid we’ll change it.” Why open the town’s peaceful land to hunting, she asked.

Animal Control Officer and resident Carolee Mason “is not for” deer culling, she said, but added, “I know that hunters have rights.” She was concerned, however, with whether hunting and open space areas should be clearly marked.

Ms Mason and her son Anthony explained at the meeting that in the woods near their house is a hiking trail with a neighboring property owner’s deer stand about 20 yards away. Land Use Deputy Director Rob Sibley specified, “If the stand is on public property, they’re trespassing. That’s easy to take care of.”

Charles Mason asked, “Don’t they have to be a certain distance away?” Mr Sibley answered, “The [Department of Environmental Protection] regulates the hunting. I can’t tell someone on their own property to move.” This week, Mr Hovious advised residents to raise concerns — if any — over particular pieces of open space. His advisory commission will address the deer culling and open space issue in the future. For concerned residents, he said, “We are the place to begin talking about it.”

Commissioners listened to arguments that archery is frightening for a resident, and especially a child, hiking through an open space to find a wounded deer, or blood trails. Arguments suggested that populations that are diminished will rebound, and other sources of the deer ticks’ life cycle might be interrupted rather than culling the deer, which serves as a host for the adult tick. Commissioners heard other ideas: Open space should be used for nature, not hunting; the open space should be peaceful; horseback riding is disturbed by the sound of distant gunshots. Jodi Bialik also raised the specter of hunting accidents.

In a separate interview, the state’s Environmental Conservation Division Captain Rick Lewis said that archery hunting is permissible on private property as long as the hunter is legally shooting and has the proper permits. “It can be done,” he confirmed.

Aware that a deer culling conversation has started in Newtown, he noted that the town, as a property owner, also must abide by laws. Neighbors bordering the property also must abide. “A hunter does have rights,” he said, and indicated the specific statute guarding the hunter against harassment: State statute, Sec. 53a-183a refers to obstructing or interfering with the lawful taking of wildlife — a Class C misdemeanor.

The statute reads: “No person shall obstruct or interfere with the lawful taking of wildlife by another person at the location where the activity is taking place with intent to prevent such taking.

“A person violates this section when he intentionally or knowingly: (1) Drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife where another person is engaged in the process of lawfully taking wildlife; (2) blocks, impedes or otherwise harasses another person who is engaged in the process of lawfully taking wildlife; (3) uses natural or artificial visual, aural, olfactory or physical stimuli to affect wildlife behavior in order to hinder or prevent the lawful taking of wildlife; (4) erects barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife may occur; (5) interjects himself into the line of fire; (6) affects the condition or placement of personal or public property intended for use in the lawful taking of wildlife in order to impair its usefulness or prevent its use; or (7) enters or remains upon private lands without the permission of the owner or his agent, with intent to violate this section.

“Any person who violates any provision of this section shall be guilty of a class C misdemeanor.”

At A Glance

The topic has only recently come up in Newtown, and the Conservation Commission has “just opened the door to begin talking about” hunting on the towns open spaces, many of which come with “restrictive covenants,” said Mr Hovious. For example, “Mr Jones” may have deeded a property with the provision that since he hunted the land, others would be able to continue hunting on those acres. Another deeded piece may come with the stipulation that the space remain a sanctuary. “A fair amount of research has to be done,” he said. Looking into individual town open space properties will likely be ad-hoc effort.

To view the state’s hunting areas visit the DEP website at depdata.ct.gov/wildlife/hunting/hntareas.asp.

(See story below)