I am not sure. You should contact your local wildlife center or game warden and ask. They might be protected in your state/county. My best suggestion is just keep an eye on him/her and see if its damaging anything. If its close to anywhere you live make sure you dont let any food stay out. My aunt lives in Blue Ridge up in a nice cabin on the mountain. She had a bear break in her house to get some chicken that was in the trash. They have a great sense of smell which can work for you. Like I said just leave some apples and ripe fruit around, he'll smell it and maybe you can get some better pictures. He looked like a good sized bear from the eyes to the ground. Black as the ace of spades so its hard to tell his girth but i'd say its not as wide as he is just a tall bear.