Despite public pressure from animal rights activists, including a visit from legendary game show host Bob Barker, Cherokee leaders do not plan to address the living conditions of captive bears at three small zoos in Cherokee.

A campaign to shut down the bear zoos in Cherokee has largely targeted Chief Michell Hicks. Hicks says he supports the bear zoos, however, and disagrees with claims driven by People for the Ethical Treatment of Animals that the bears’ conditions are inhumane.

While Hicks agreed to meet with Barker and PETA reps last week, he warned them not to protest outside the bear zoos again without permission from tribal officials or they would be kicked off the Cherokee reservation, an option in the tribe’s corner given its status as a sovereign entity.

While Hicks has made his stance clear, the elected tribal council members — not the chief — hold the power to pass new laws and ordinances. Out of the 12 tribal council members, five responded to requests for comment. All five said that tribal council has no plans to shut down the bear zoos or to impose tougher standards.

“We are going to stand with the chief on this issue,” said David Wolfe, a tribal council member from Yellowhill.

B. Ensley, also a council member from Yellowhill, agreed.

“It is dead issue as far as I am concerned,” he said.

Tribal council members say a federal inspection of the bear zoos once a year provides sufficient oversight of the animals’ care and treatment, despite accusations to the contrary.

“I think it has been overblown,” said Perry Shell, a tribal council member from Big Cove. “What (PETA) did was unfair to Cherokee and Western North Carolina.”

The bear zoos are entrenched in the Cherokee tourism scene.

“They have been around forever,” said Abe Wachacha, a tribal council member from Snowbird.

Several tribal council members cited the long-standing presence of the zoos as reason enough to let them continue.

“This has been their way of life and an attraction for Cherokee as long as I remember,” said Angie Kephart, a tribal council member from Cherokee County. “We used to go when we were little.”

Kephart said Barker’s celebrity status has propelled the issue, but is not a reason to shut down the zoos.

“I don’t understand why it is such a big issue,” Kephart said. “Whatever the case may be, I think we have bigger issues to attend to than the bears. We need to be addressing things going on with our tribal members and the reservation as a whole.”

Like Hicks, tribal council members said they were offended by outsiders trying to tell them what to do.

“They come in here harassing people and use their organization PETA to try to do things with numbers and hand out propaganda,” Wolfe said.

While sidewalk picketing is seen as a form of free speech in most places, those protections don’t necessarily apply in Cherokee as a sovereign entity with its own laws.

Kephart said Barker and PETA should have shown more respect and treaded more lightly.

“This is the tribe,” Kephart said. “We are a sovereign nation. We can do what we want to.”

Wachacha said this is not the first time outsiders have complained about the bear zoos.

“Other people have come before the tribe, even back in the 1980s,” Wachacha said.

Cherokee’s style of government allows any member of the tribe to bring proposed legislation before the tribal council. However, complaints about the bears have never come from a tribal member.

“We would consider it if a tribal member wanted to bring that in,” said Perry Shell, a tribal council member from Big Cove. “All our people have that opportunity to address their government.”

Kephart said if the issue does come before tribal council, it would be appropriate to look at the existing codes and make sure they are adequate.

But Wolfe doubts it would go anywhere.

“I don’t see us tightening up or doing anything more than what they are doing,” Wolfe said.

Bob Barker and PETA say they will continue fighting the issue, even taking it to a national stage. Wachacha said he does not think it would hamper tourism or pose an image problem for Cherokee.

Shell said he has actually noticed more cars in the parking lots of one bear zoo since PETA’s campaign grabbed headlines in recent weeks.

Known for its legendary craftsmanship, Qualla Arts and Crafts Mutual, Inc. just launched its new website, www.quallaartsandcrafts.org. For the first time, art collectors from around the world can view online what is said to be the largest collection of Cherokee art.

The website is a treasure trove of information about traditional and contemporary Cherokee art, and features extensive and detailed information about member artists, their work, techniques and the Mutual’s fascinating history.

“Launching the website was the next step in the cooperative’s progression so that we remain a leading vehicle for Cherokee art,” said Yona Wade, outreach coordinator at Qualla Arts and Crafts Mutual, Inc. “We can truly offer our members a worldwide opportunity to showcase their work, and art collectors have a new way to view and learn about Cherokee’s legendary craftsmanship.”

Founded in 1946 to secure fair prices and provide a year-round market for Eastern Band of Cherokee Indian artisans, Qualla Arts and Crafts Mutual, Inc. is the nation’s oldest and leading arts and crafts cooperative. It has approximately 300 members who create baskets, pottery, wood and stone carved sculpture, beadwork, fine art paintings and more for display and purchase at the co-op. Many member artists work with age-old, traditional techniques and materials, while others experiment with new methods and abstract forms.

Entry to Qualla Mutual is a juried process and is restricted to enrolled members of the Eastern Band of Cherokee Indians. The purity and simplicity of ancient and contemporary Cherokee arts and crafts on display in the co-op’s gallery have attracted collectors from around the world. Free gallery tours are available Thursdays through Sundays at 11 a.m. and 2 p.m. through Aug. 29. Qualla Mutual also offers appraisal and repair services; and for more information about these services, call 828.497.3103.

Members of the Eastern Band of Cherokee Indians didn’t have to duke it out with other contestants or so much as wager a guess, but somehow, they got the price exactly right. On Tuesday, July 28, the tribe won a visit from long-time game show host Bob Barker. The legendary host of “The Price is Right” was in the area for a meeting with Chief Michell Hicks to discuss the plight of bears kept in three small zoos on the reservation.

Meeting the chief had been a goal of Barker’s since last month, when he announced he had teamed with animal rights organization PETA (People for the Ethical Treatment of Animals) to protest the conditions of the Cherokee bear zoos.

Barker’s meeting took place at 1 p.m. Tuesday, July 28, just as this paper went to press. Before the meeting, Barker planned to visit all three zoos to check out the conditions. He said the zoos would be his only stop on his trip to Western North Carolina.

“I’m just going to visit the bear zoos. I won’t have time to do anything else, unfortunately, because I think the rest of Cherokee would be much more enjoyable than seeing these bears,” Barker said.

Following the meeting with Hicks, Barker will hold a press conference at 9:30 a.m. on Wednesday, July 29, to discuss his visit to the zoos and his meeting with the chief.

Barker hoped during his visit to convince the owners of the three zoos to release the bears and allow PETA officials to transport them to a sanctuary in Northern California at no cost. Barker estimated that about 30 bears would make the trip.

“They have a place for the bears to live in the way nature intended and never again have to entertain tourists or anybody else,” said Barker.

Barker and PETA have decried the conditions at Chief Saunooke’s Trading Post, Cherokee Bear Zoo, and Santa’s Land, saying the bears are housed inadequately in concrete pens with little stimulation.

Whether Barker’s campaign will have any impact on the practice of keeping caged black bears in Cherokee is up to the Tribal Council. Though federal regulations allow the keeping of bears, the council has the authority to pass legislation outlawing the practice on the reservation.

However, that kind of change may be slow to come. Tribal Council Chairman Mike Parker said he was not aware of Barker’s upcoming visit or his meeting with the chief, though Hicks had said tribal council would likely be present. In fact, Parker said he had never heard about Barker’s campaign with PETA.

“I don’t remember or recall ever talking about it,” Parker said. “My guess is that [the zoos] comply with federal regulations. Otherwise, they wouldn’t be in business.”

Prior to the meeting, Hicks said he anticipated speaking with Barker and PETA representatives about the bears and listening to their advice, then getting feedback on tribal law and the bear zoos’ compliance with federal regulations.

“We’ll kind of see how it goes from there,” Hicks said. “It’s going to be interesting — obviously, a lot of people know Bob Barker.”

Parker said Barker was taking the correct approach in asking to meet with the chief. He cautioned against forcing the issue.

“If he’s going to talk to the chief, that’s good, but to come in and try to force an issue, I don’t necessarily agree with that. That approach has been taken with us before and had some disastrous effects, so we’re kind of leery of that approach,” Parker said.

Barker said he would ultimately like to see Tribal Council outlaw the practice of caging bears, and “never have another bear on exhibition in Cherokee.”

Barker said he thinks, overall, the campaign has been a success.

“I think there has been an awareness of it, but that nobody was speaking up. The support has been so forthcoming since we’ve got into it and it’s been publicized,” Barker said.

As 10-year-old Dayini Lossie stood on the shore eyeing the wide shallow waters of the Tuckasegee River last week listening to the marching orders for the exercise about to unfold, one word came to mind: awesome.

Lossie had never heard of a fish weir before, but now she was about to walk in her ancestors’ footsteps, using the same stone wall her people built centuries ago to once again — hopefully — trap some fish.

“The objective is to herd the fish, stomping and screaming and basically scaring them downstream,” explained Mark Cantrell, a biologist with U.S. Fish and Wildlife.

Lossie, along with two dozen other Cherokee students, couldn’t wait. They’d been in and out of the river all day, their shoes, shirts and shorts soaked through many times over as they swam, splashed and explored aquatic biology along the way.

But as they waded into the river this time, stringing themselves out in a long line and facing the ancient weir downstream, they realized they were part of something big.

“We’re learning about our history and how our ancestors used the river,” Lossie said.

As the students began moving downstream, flushing the fish toward a trap at the mouth of the weir, it didn’t exactly go off without a hitch. One student would fall, then another, then suddenly the chain would disintegrate leaving big gaps for the fish to sneak through. Some started splashing each other instead of the water in front of them. Others took intermittent breaks to float on their backs.

But eventually, the line closed in on the weir and two modest-sized fish were ushered into the trap.

“We all would have starved if this was dinner tonight,” Cantrell declared.

It became apparent just how much cooperation a fish weir entailed.

“I learned so much myself,” said Roger Clapp, director of the Watershed Association of the Tuckasegee River, which coordinated the event. “Though it is obvious, you could really see how Cherokee fishing at a weir is a community experience, not just one, two or three people.”

The re-enactment was orchestrated by WATR, an environmental group whose central focus is water quality. Funding came from the Cherokee Preservation Foundation, World Wildlife Fund, the Royal Bank of Canada and WATR. To help pull off the re-enactment, biologists with the Cherokee Fish and Wildlife, U.S. Fish and Wildlife, and several volunteers with WATR pitched in.

The field trip brought kids not only in touch with their heritage, but the ecosystem, Clapp said.

Armed with nets and buckets, kids took to the river upturning rocks and sifting through sediment in search of crawdads, bugs and fish lurking below the surface. A science station allowed them to examine their finds under microscopes.

“The creek bottom underneath them is actually teeming with life,” said Clapp. “It is a living ecological unit.”

The students also got to hear a program from Russ Townsend, a historic preservation officer for the Cherokee, who quizzed them on the role rivers played for their ancestors, which included everything from transportation to the gathering of mussel shells that were ground up and mixed with clay for pottery.

“The Cherokee were very smart. They knew how to use the environment. They loved living here because they could get everything they needed and the rivers were a major source of that,” said Townsend

“Cherokee has so much to offer, such as its beautiful mountains, museums, cultural and historical exhibits, Native American shops, friendly residents, and casino. The caged bears may have been a big attraction at one time but are now seen as an embarrassment to the community and should be permanently closed down.”

— Bob Barker, in a letter to Cherokee Chief Michell Hicks

The caged bears in Cherokee that a national animal rights group has recently launched a campaign against have long struck a nerve among many residents and visitors to the area. This most recent effort will once again draw attention to this outdated practice and perhaps end it, but PETA’s (People for the Ethical Treatment of Animals) own tainted reputation is likely to be as much discussed as the inhumane treatment charges it has brought up.

According to PETA and others — this newspaper has received letters and phone calls from a half dozen visitors to Cherokee over the past 10 years — the bears kept at Santa’s Land, Chief Saunooke’s Trading Post and the Cherokee Bear Zoo are “not being treated humanely.” The organization has garnered the support of popular game show host Bob Barker in the campaign. Barker was raised on a reservation in South Dakota and, according to his biography, is one-eighth Sioux. He has also spent many years as an animal rights activist.

The issue of treating animals humanely is an important one. At least two of the zoos in Cherokee — Santa’s Land and Chief Saunooke’s — have been cited for problems by the U.S. Department of Agriculture, the agency responsible for regulating businesses that keep wild animals. PETA’s foray into Cherokee may lead to discussions by the Tribal Council and Hicks to enact tougher local regulations, which in the long run would likely benefit the businesses who keep bears.

Times are changing, and the very fact that 30 years ago many more businesses in Cherokee had bear displays is evidence that the “market” for this kind of “product” is disappearing. People don’t want to pay to see animals kept in enclosures that don’t mimic their natural habitat. In the end, that fact — that the business model for habitats deemed unethical is shrinking — is what will likely bring an end to these practices. And, conversely, places that go through the expense to keep captive bears in habitats that mimic the wild — like the WNC Nature Center in Asheville — earn kudos from most animal rights groups and get more visitors.

The ethical treatment of animals is a complicated issue, however, and sometimes campaigns like this by PETA don’t address the nuances. We won’t defend any mistreatment of animals, but shouldn’t we differentiate between bears born in captivity that are more like pets from those captured after their mother was perhaps killed by a car or hunters, or an animal wounded that couldn’t survive in the wild? Would PETA better serve the animals whose rights it is fighting for by providing grants to businesses to upgrade their habitats, rather than spending money mounting some of the campaigns that has tainted its reputation? And we won’t even go into the area of whether animals should be used in scientific research.

The real world is also nuanced. These Cherokee operations are legitimate businesses owned by families who are trying to make a living, providing jobs and surviving in this economic environment. That’s not to say it’s all right to treat animals inhumanely in the name of money, but remember there are regulators who do inspect and keep tabs on these businesses.

Cherokee would be better off by enacting stricter regulations, establishing itself as a leader in the field of captive animal welfare, and then helping businesses find a way to comply. That would go along way toward ending this lingering practice that, on its own, will likely die a slow death and likely continue to bring criticism to the Tribe.

Lamar Marshall had been canoeing the Little Tennessee for years before he knew what a fish weir was. In retrospect, the low rock walls spanning the river are too symmetrical and too uniform to be a naturally occurring rock vein. But for years, Marshall paid them no heed other than reveling in the small rapid they created.

That was before Marshall started spending time on the river with Brent Martin, an outdoor friend in Macon County who works for the Wilderness Society. Martin introduced Marshall to the hidden world of fish weirs, ancient stone walls placed in the river to corral fish into traps.

Marshall knew what fishing weirs were, of course, but like most, he didn’t realize the community fishing practice was once used in the mountains by Cherokee. To Marshall, the ancient weirs are a symbol of a time when man lived in harmony with nature.

“The lifestyle of the Native Americans was self-sufficient. Nature provided everything. It was an intense form of freedom,” said Marshall, who works for the environmental organization WildSouth.

A few weirs in the region are so pronounced they show up in aerial photographs and are even obvious when viewed from the shore. But the vast majority are only visible from the river itself, and thus have gone uncatalogued. It was astonishing to Marshall that there had been no systematic effort to map the weirs so far.

“These weirs are national treasures,” Marshall said. “Every stone you see in that weir was picked up and placed there by a Native American. They are historical landmarks. More than that, these are relics, traditional places where people can connect to their heritage.”

So when water levels in the Little Tennessee dropped to record lows during the height of severe drought last August, Marshall called Martin and pitched the idea of a scouting trip to plot all the weirs they could find. Low water would render any weirs that are typically obscured much easier to spot.

“We were seeing weirs everywhere,” Marshall said of their trip. “They are so defined, once you know what you are looking for there is no missing them.”

The team counted 13 weirs in a single seven-mile stretch of the Little Tennessee. Marshall’s GPS unit was broken at the time, so the best he could do was sketch their location in on a map as they paddled downstream. But Marshall knew he would one day have to repeat the exercise and capture their exact coordinates.

That chance came last week, thanks to a break in the rains that had dominated the summer so far. Marshall set out on a downriver expedition, this time with a GPS unit in hand.

Marshall’s expedition came at the perfect time for Dan Perlmutter, a professor at Southwestern Community College and a long-time fish weir enthusiast. This month, Perlmutter is leading a week-long field course on fish weirs for middle and high school students, many of them Cherokee.

His goal is to give students hands-on experience using surveying instruments to map the rocks of a single weir, hopefully inspiring the students to pursue math and science fields. The project is funded in part by Burroughs Wellcome Fund and the Cherokee Preservation Foundation.

“When the students have a concrete product and one with community significance, it automatically interests them,” Perlmutter said. “In school, when someone talks in the abstract about research they will have a practical knowledge of it. They’ll say ‘I’ve done some of that.’ They aren’t just passive observers.”

Among those cashing in on the chance to spend a day on the river with Marshall was Mo Moody, who put aside reservations about never being in a kayak before and joined the expedition. Moody, a recent graduate of the surveying program at Southwestern Community College, will lead the technical aspects of surveying with the students in Perlmutter’s program.

Moody will show the students how to use surveying instruments to capture the shape, size and exact location of the rocks in a weir. If the weir was vandalized or disturbed by flooding, it could be reconstructed based on the survey work.

“It’s important to be able to put them back in the exact same spot,” Moody said. “Surveying is going to lock it down on the map.”

Moody, a recent convert to the circle of fish weir enthusiasts, finds it hard to believe this work hasn’t been done already.

“It’s like an ancient find right here for us to see,” Moody said.

The fish weirs are one piece of what Marshall and others have come to call the “cultural landscape” — essentially what the landscape would have looked like during the time of the Cherokee. The broad rivers served as highways for trade and communication, with a network of Cherokee towns along their shores. Large mounds marked the political and spiritual centers for the villages. Cleared fields radiated through the flat river bottoms, while forested mountainsides served as hunting grounds.

“This was the Garden of Eden for the Cherokee Nation, right here in the Cowee Valley,” Marshall said.

Saving the cultural landscape has become the rallying cry of preservation groups in recent years, including the Land Trust for the Little Tennessee.

Another unmapped piece of that landscape is the myriad Cherokee trails that moved trade and foot traffic. Marshall is currently engaged in a year-long project through WildSouth to map those Indian routes, thanks to funding by the Cherokee Preservation Foundation.

For a man who’s spent his entire life outdoors — alternately making a living as a fur trapper, outfitter and environmental advocate — Marshall calls his current job the best he’s ever had. He holds a deep respect for the Cherokee.

“I love everything to do with the Indians and their way of life. They lived independently of this corporate-dependent system that now seems to be failing us,” Marshall said.

While today’s fishermen are partial to the big fillets like brook trout and small-mouth bass, Cherokee used even the tiniest fish, like silversides and shiners, drying them on long strings or making them into stews.

Myrtle Driver, a Cherokee elder, has a recipe for fish stew that has been passed down through her family. Gut the fish, but you can leave the head and skin on. Bake them slowly for a long time, although she isn’t sure how long.

“We don’t time it. We just look at it. We don’t measure either,” Driver said.

Once the bones have become soft during baking, put them, in a pot of boiling water and season with fatback grease and salt.

“The bones will become so soft you can eat them. They just fall apart,” Driver said.

Recently, the Eastern Band of Cherokee Indians found itself the whipping boy of an unlikely opponent.

Much to the tribe’s surprise, the national organization People for the Ethical Treatment of Animals last month released a statement calling for an end to the practice of keeping caged bears in Cherokee. The statement named three small zoos as the culprits, the last holdouts of a practice that was once common in the area’s early days as a tourist destination.

“Tell Cherokee to end cruel bear pits,” the release said, citing the zoos — Chief Saunooke’s Trading Post, the Cherokee Bear Zoo, and Santa’s Land — for keeping “neurotic” bears in “grossly inhumane conditions.” PETA had even gotten a celebrity to sign on to the cause — none other than Bob Barker, former host of “The Price is Right” and a Native American from the Sioux tribe. In a letter, Barker requested a meeting with Eastern Band Chief Michell Hicks to discuss the practice.

PETA’s campaign took Cherokee officials off guard. Suddenly, Hicks’ personal email was flooded with 650 messages from angry PETA supporters — so many he had to block the address they were being sent from.

“I just think it was pretty disturbing how PETA approached this issue, when one didn’t even exist,” Hicks says.

That’s precisely where Hicks and the PETA organization disagree.

PETA has waged something of an undercover operation in Cherokee in recent months since it was alerted to the bears’ existence by Barker (see related article). The group has traveled to the region with experts to study and film the caged bears at the three zoos.

PETA says it found the bears housed in cramped, concrete pits with few toys for stimulation. They denounced the feeding of the bears by visitors who are given small snack trays containing lettuce, apples and bread at two of the zoos to toss down to the animals. The group is convinced that there is indeed a problem.

“Neurotic behavior is evident in these bears,” said Debbie Leahy, head of PETA’s captive animal division. “You see a lot of crying, whimpering, pacing, walking in circles, and fighting.”

Barker is fully on board with calling attention to the bear’s plight, he said in an interview with The Smoky Mountain News.

“I do not purport to be an expert on bears, but I’m impressed with the experts who’ve seen the bears themselves and seen the films,” said Barker. “All of them agree that the bears are not being adequately cared for, and that they are showing signs of stress. They are not healthy.”

Barker wants to arrange a meeting with Hicks to discuss the bear exhibits. Hicks said he was amenable to discussing the situation with Barker, but as of press time no meeting had been arranged.

Out with the old

Though PETA only recently got wind of the practice, the exhibition of bears as a way to lure tourists is hardly new to Cherokee. In fact, it was once much more common. Sitting outside of the Tribal Grounds coffee shop, Eastern Band member Dennis Watty points across the street.

“I remember there was a cage right over there,” Watty says. “There were bears in cages all along the side of the road.”

Jeff Goss is the owner of the Goss Agency marketing firm, which works with the tribe. As he explains, the practice started to take off when more and more tourists flocked to the newly established Great Smoky Mountains National Park. The poverty-stricken Cherokee were desperate for income, and many capitalized on the stream of visitors passing through the area. The Wild West, cowboys and Indians themes dominated pop culture at the time, so the Cherokee adopted a fittingly rugged persona, building teepees (though that wasn’t a part of their culture) and displaying native black bears to gawking tourists.

“The teepees and bears were there simply to make a little bit of money to survive as tourists were coming through to the Park. They had no real source of income,” Goss says. “(Tourists) didn’t want to see the real Cherokee — they wanted to see what they saw in the movies.”

But the bears often suffered as a result of the practice. The animals were sometimes lured from the wild into the trunks of cars by the smell of bacon, remembers writer Gary Carden of Sylva. They were then taken to live in small cages where tourists were free to feed them.

“It was definitely inhumane,” Carden remembers. “The bears were frequently sick and malformed from living on a diet of candy and junk food.”

The popularity of the caged bears has dwindled in recent years, however, as Cherokee has worked to redefine itself and its image. The Goss Agency was put in charge of the tribe’s marketing plan five years ago.

“There’s been a move and concentrated effort to establish the rich, authentic Cherokee culture,” Goss says. “As a result, that’s shedding that image.”

The tribe’s marketing campaign, emphasizing its natural and cultural features, has been wildly successful. PETA advocates say the continued existence of caged bears is a huge step back.

“This is truly a relic,” says Leahy. “I don’t think there are too many other places in the country that still maintain any sort of wildlife in these archaic pits. They really seem to be locked in some 1950s time warp.”

Barker says the tribe has so much else to offer — the mountains, museums, cultural exhibits, friendly residents, and the casino — that the bear exhibits are obsolete.

“Bear pits may have been a big attraction at one time, but are now seen as an embarrassment,” Barker said.

Goss is skeptical. He said he’s never heard concerns about the caged bears come up in any of his research, part of which involves asking visitors about negative perceptions or barriers to the experience.

“There’s so little of it, and it’s so insignificant. What does exist, there’s little awareness of it,” Goss says. “For the few people that might stumble onto that while in Cherokee, that’s not the overall impression they take away.”

“They’re family”

The Cherokee Bear Zoo, a nondescript building which houses a fudge and ice cream shop along with a variety of exotic animals, is one of the only remaining places exhibiting bears. Caretaker Norbert Santiago is incensed at PETA’s accusations. He’s looked after the zoo’s 10 black and grizzly bears for a decade, and considers them to be family.

“We take good care of them,” he repeats several times. “They are happy here. This is home.”

The bears are housed in pairs in pens with four cinderblock walls and a concrete floor. The facilities are sparsely furnished, with a tree limb, a couple rocks, a small piece of cloth that provides a square of shade, and a pool with cold water piped in directly from the river. The bears don’t have much to play with, except one another, and are kept amused by visitors chucking down pieces of lettuce, apple and bread. Like dogs, the bears beg and even do tricks for their food.

It’s a far cry from the grassy, treed, expansive environment the animals would experience in the wild, but then again, these hardly seem like wild bears. In fact, none of them has ever lived anywhere else, Santiago says.

“They’re bred and raised in captivity from the time they’re babies. None of them have lived in the wild,” he says. “They wouldn’t survive.”

Santiago calls the bears “our pets,” and indeed, that’s how the bears seem. They even respond to their names — a large grizzly named Elvis lumbers over when Santiago calls for him.

Santiago maintains that the bears are content.

“I know they’re happy. If they weren’t happy, they would show it,” he says.

In fact, PETA alleges that the bears do show signs of unhappiness, including whining and crying out. But Santiago says the bears don’t do that, and accuses PETA of “making things up. I don’t see them crying,” he says.

Indeed, it’s difficult to picture Santiago willingly committing the abuse PETA alleges on animals he refers to as his family.

Room to roam

Still, PETA says that the bear’s surroundings at the three facilities aren’t adequate.

“Bears are extraordinarily difficult to keep in captivity,” says Leahy. “They’re so intelligent, so curious, such active animals that you need to provide with a lot of diversity and space. They need opportunities to forage, dig, and nest, and things to climb on.”

The WNC Nature Center in Asheville, one of the only other regional facilities that exhibit bears, takes a different approach to housing its animals, striving to provide them with an environment similar to their wild habitat.

“To be honest, bears are a challenge even for multi-million dollar zoos to keep in captivity,” says Henry Bulluck, animal curator for the Nature Center.

Bulluck says that bears can develop physical ticks when housed in small concrete cages with little stimulation. To prevent this, the Nature Center keeps its bears in a one-acre facility with natural ground, grass, trees, a large pool, and plenty of logs to crawl on. Throughout the day, the bears are given different enrichment devices.

But there’s a major difference between the bear zoos in Cherokee and the WNC Nature Center — namely, the guidelines each facility must follow.

Playing by ear

Every facility in the country that houses captive animals for exhibition must comply with the Animal Welfare Act, which is enforced by the Animal Welfare Division of the U.S. Department of Agriculture. The act requires captive animals to have shelter, food, water, a sanitary environment, protection from extreme temperatures, and adequate veterinary care. Just what defines those things is largely up to the USDA inspector of a facility. Animal advocates have criticized the act for being too lax and vague.

“One of our frustrations is that the Federal Animal Welfare Act only establishes bare minimum guidelines,” says Leahy. “Unfortunately, we would consider the minimum requirements to be inhumane.”

One of the major downfalls of the Animal Welfare Act is that “there are no explicit regulations and standards that address the complex needs of bears,” Leahy says.

To encourage higher standards, the WNC Nature Center completed a strenuous accreditation process through the Association of Zoos and Aquariums. Participation in the association is voluntary, and demonstrates a more stringent level of commitment to animal welfare.

“It took a lot of work to become a part of it, but we want to show we’re following the best principle of animal care,” Bulluck says.

The tribe’s Cherokee Code, which the Cherokee zoos must comply with in addition to USDA guidelines, puts forth specific regulations on the handling of bears in captivity. Still, the requirements are basic. Cages for bears must be 8 feet by 12 feet with a concrete floor and include a pool and a den. Cages must be kept clean and shaded during the hottest parts of summer days.

So as sparse as the bears’ accommodations may appear at the Cherokee zoos, they’re within the law — which means there’s little PETA or anyone else can do to keep the facilities from operating.

“Tribal law allows for them to have captive animals, as long as they’re in compliance with tribal law and USDA standards,” said Hicks. “As far as I’m concerned, our businesses are within compliance.”

The fact that the bear zoos comply with existing USDA and tribal regulations matters little to PETA, an organization recognized for its often-zealous campaigns. One of PETA’s best-known tactics involves throwing fake blood on people wearing animal fur.

Over the top? Maybe a little, says Barker, but PETA knows how to get things done.

“I understand they (PETA) have been criticized as being radical on occasion, but I also know them to be one of the most effective, productive organizations in the country,” Barker says. “In a case such as these bears, no organization could help more than PETA.”

Slap on the wrist

Yet even PETA is limited in what it can do for the bears — a real change in the practice may require broader, institutional change. Currently, even when the zoos don’t meet regulations, it appears little is done about it by the officials inspecting the facilities.

USDA inspectors check up on the Cherokee bear zoos once a year, as they do with all other captive animal facilities. Inspectors have cited both Chief Saunooke’s Trading Post and Santa’s Land for numerous citations involving bears in recent years (the Cherokee Bear Zoo has received citations for its care of other animals, but none involving its bears).

For instance, in 2008, the inspector found that the Trading Post did not have adequate barriers to prevent public contact with the bears. The facility received several citations the previous year, in 2007, for what the inspector described as “the overwhelming nauseating foul odor of ammonia and feces,” dim lighting, failure to clean the cages, and an inadequate feeding tube that posed an injury risk to the bear cubs.

Santa’s Land also got written up in 2008 for unleashing bear cubs during public feedings and posing a threat to public safety, as well as for a jagged feeding tube. In 2006, the park was docked for failing to have a regular veterinarian, inadequate shelter, and improper handling of the bear cubs to prevent contact with public.

Despite numerous violations, the facilities continue to operate. Santa’s Land did not respond to numerous phone calls. The Smoky Mountain News visited Saunooke Trading Post and tried to contact managers in charge of the animals but was unsuccessful.

“Not only should USDA regulations be stronger, they should be stringently enforced,” says Barker.

Barker says the USDA lacks the staff to adequately follow through with the citations inspectors issued.

“There are so many animals being mistreated across the country, and they don’t have enough USDA inspectors to keep up with them,” Barker said. “Now that we’ve brought attention to this, hopefully the USDA will do something.”

The Cherokee School Board is on the verge of appointing a new superintendent following the termination of Rosemary Townsend after three years on the job.

Board Chairman Anthony Sequoyah said Townsend was an at-will employee and that the board chose not to renew her contract “for several reasons,” which he declined to specify. The vote came three weeks ago.

Sequoyah named former Cherokee Chief Joyce Dugan as a leading contender for superintendent, but no action was taken at the board’s Monday (June 29) meeting to confirm a contract offer.

William Geddes, principal of Cherokee Elementary School, also retired last week for health reasons, according to Sequoyah. Geddes had chosen not to renew his Assistant Principal Keith Mallonee’s contract shortly before the time Townsend was terminated, Sequoyah said.

Sequoyah categorically denied that Townsend’s departure had anything to do with a large school budget shortfall, which she sought stopgap funds from the tribal council to cover — albeit unsuccessfully.

Sequoyah disputed a rumor that an exodus of teachers was imminent if Townsend was kept on. Sequoyah called that “ridiculous, especially with all the younger teachers coming up from other school systems. I have no knowledge of anything like that.”

Bob Barker?!

The involvement of famed television host Bob Barker in the fight to end the Cherokee bear exhibits took many by surprise.

During a phone interview with The Smoky Mountain News, Barker explained that he first became aware of the bears through his long-time friend, Florida Congressman Bill Young. Young stopped through Cherokee with his family on a trip from Florida to Washington, D.C., and visited the bear exhibits. The Youngs weren’t impressed, to say the least — Young’s wife was practically in tears when the family left.

“He and his family were aghast at the condition of the bears. When he got home, he promptly called me,” Barker says.

Barker has long been an advocate of animal rights, ending each episode of The Price is Right with a reminder to “spay and neuter your pets.” Barker is well acquainted with PETA President Ingrid Newkirk, and informed her of what Young had seen.

“She promptly sent a couple people down there and they reported that some of the conditions were worse than had been reported,” says Barker.

Barker agreed to put his name to the cause.

“Mr. Barker has been a longtime animal rights advocate and we’re glad he’s taken an interest in this. It’s something that has been the source of a high number of complaints to PETA,” said Debbie Leahy, head of PETA’s Captive Animals Division.

When PETA released a nationally circulated statement June 8 calling for an end to the bear exhibits, it was accompanied by a letter from Bob Barker requesting a meeting with Eastern Band Chief Michell Hicks. The statement made note of Barker’s letter.

What happened next is a bit hard to decipher. Hicks says that the supposed letter mentioned in PETA’s statement was never actually sent to him.

“That was a big lie on their part,” Hicks says of PETA.

Hicks says he had to call PETA to obtain the letter, at which point they sent him a faxed copy that wasn’t signed. He then requested a stamped, signed letter, which he finally received.

“That was a big farce, was all it was,” says Hicks.

Barker disagrees, maintaining that the press release with the letter followed an earlier press release PETA had put out on the issue.

By last week, on Wednesday, June 24, PETA had still not heard back from Hicks’ office about setting up the requested meeting, though they continued to hope a call would come.

“We think the solution is going to require an opportunity to sit down with the chief and other members of the tribal council and discuss improvements that can be made for these bears,” Leahy said.

When The Smoky Mountain News spoke with Hicks on June 25, he told the paper he had still not responded to Barker’s request. Asked if he would indeed agree to it, Hicks said, “I will absolutely honor a meeting. I have no reason not to do that.”

Later that day, Barker confirmed that he had not heard back from Hicks. The SMN informed Barker of Hicks’ willingness to meet.

“Maybe we can get together then,” said Barker. He added, “I’d come down and meet with them. I’ll call PETA and arrange a trip to Cherokee.”

Barker said he looks forward to meeting with the chief in an effort to find some common ground on the issue of bear exhibits.

“I want to smoke the peace pipe with him,” Barker said.

— Julia Merchant