ASHEVILLE — After a group of people were videotaped pulling two young black bear cubs from a tree to take a selfie at an Asheville apartment complex April 16, officers with the North Carolina Wildlife Resources Commission have decided not to press charges, drawing surprise and criticism from wildlife advocates.

Wildlife commission officers began investigating after they were contacted by the Buncombe County Sheriff’s Office regarding what the commission later called “harassment of black bear cubs” at Berrington Village Apartments. When staff arrived on scene, they were told “both cubs had escaped after a cub bit one of the people,” according to previous news release.

“Officers with the N.C. Wildlife Resources Commission have investigated this incident, and, while dangerous and unfortunate, it appears to be an isolated event,” said commission spokesperson Failey Mahlum.

“It is unlawful in NC to capture and keep black bears. However, the bear cubs were immediately released, and officers have determined there will be no charges filed.” 

Mahlum confirmed that the investigation into the incident is now closed.

Ashely Hobbs, a special projects biologist with NCWRC, previously told the Citizen Times that when she arrived at the apartment complex, one bear cub was wet, cold and alone, sitting in a retention pond.

Hobbs said it must have been there for a while and was “obviously a bit traumatized.” In the later-released news alert April 18, Hobbs said the cub was “favoring one of its front paws.”

Previous reporting: Video, witness: Asheville apartment residents pulled black bear cubs from tree for selfie

More: Fines levied for visitors feeding bear on Blue Ridge Parkway? When will road reopen?

NC Humane Society director encouraged penalties, ‘surprised’ there’s none

Gail Thomssen, the North Carolina state director for the Humane Society of the United States, called this incident a “startling and serious reminder of the severe lack of awareness, caution and respect for wildlife that some can exhibit when chasing opportunities to interact, handle and pose for photos with wild animals.”

Thomssen said it was part of a “shockingly irresponsible” trend of people interacting with wildlife. “It is cruel to the animals and puts the public in harm’s way.”

While in an initial statement Thomssen “encouraged penalties,: when asked for her reaction to the commission’s decision not to press charges, she said the Humane Society was “surprised that no charges were filed since it is illegal to capture and keep black bears in North Carolina,” adding that she believed the wildlife commission “conducted a thorough investigation.”

“We do hope at the very least, that the critical attention this sad situation is receiving, that the public can reflect on what happened to these animals and hopefully have more respect and leave wildlife alone,” Thomssen said.

North Carolina General Statute 113‑294 (c1) states that “any person who unlawfully takes, possesses, transports, sells, possesses for sale, or buys any bear or bear part is guilty of a Class 1 misdemeanor,” punishable by a fine of at least $2,000.

The law does not stipulate how long a person must be in possession of a bear to be in violation of the statute.

“The commission’s tired argument that the perpetrators quickly released the cubs is yet another feeble excuse for the commission’s refusal to enforce North Carolina’s wildlife laws that are already wholly inadequate, even if the commission enforced them,” Diana Starr, an Asheville multispecies geographer and bear advocate, told the Citizen Times April 19.

“These ‘abuse for likes’ cases must be vigorously prosecuted to deter other abusers and are why wildlife harassment and abuse laws must be strengthened and enforced,” Starr said. 

More: ‘Shocked’ Blue Ridge Parkway traveler recounts seeing visitors ‘inches’ from black bear

What did the video show? Where are the bear cubs now?

The video, obtained by the Citizen Times, shows a group of people trying to grab the black bear cubs from a tree branch extending over a short fence to the apartment complex’s property. One woman snatches a cub, and after screaming in excitement, she poses for a picture with the bear.

The cub then drops to the ground and runs along the inside of the fence, attempting to climb the fence a couple of times while the women chases after it.

“I tried telling them to stop, but they wouldn’t listen so I thought recording it might help get justice for the sweet bear cub,” said Rachel Staudt, a resident of the apartment complex who took the video.

Mahlum said wildlife officers and biologists have spoken with the individuals involved about the importance of leaving bear cubs alone.

“We hope the media attention this incident has received will re-emphasize the importance of following the BearWise® Basics and to leave wild animals alone,” Mahlum said.

The cub rescued from the retention pond remains at the Appalachian Wildlife Refuge in Candler, a licensed orphaned bear cub rehabilitation facility, according to Mahlum.

“She appears to be in stable condition and has been placed with another orphaned cub rescued earlier this year,” Mahlum said. “The second cub in the video has not been located, but we continue to monitor the area for signs of it or the mother bear.”

Ryley Ober is the Public Safety Reporter for Asheville Citizen Times, part of the USA Today Network. Email her at rober@gannett.com and follow her on Twitter @ryleyober