Mary Cummins Animal Advocates Los Angeles California Wildlife Rehabilitation Real Estate

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Showing posts with label conservation. Show all posts
Showing posts with label conservation. Show all posts

Wednesday, November 27, 2024

Peanut the Squirrel's Owner Sues New York. Major Flaws in their Potential Lawsuit, by Mary Cummins of Animal Advocates

Photo: Wikipedia, Peanut (squirrel)

Mark Longo and Daniela Bittner filed their notice of intention to make a claim against the New York State Department of Conservation for the death of Peanut the squirrel and Fred the raccoon. You must file a notice within six months of filing a lawsuit to give state a chance to solve issue. They allege unlawful search and seizure, violation of freedom of speech, and other due process violations.

Longo and Bittner stated the incident was the result of alleged "negligence, carelessness, and recklessness" by the state of NY and its agents. They stated they may have violated due process laws by not revealing to a judge their intention to kill the animals after raiding Longo and Bittner's home.

Another alleged issue is that Longo and Bittner stated Peanut and Fred were "companion animals" under the law and not wild animals. This claim was allegedly never discussed in court before the raid, which was another oversight, in their opinion.

"Peanut and Fred were not euthanized, according to the notice, because they weren't sick. Mark and Daniela say the two animals were "executed." That said, Longo and Daniela say they were acting in good faith by trying to get Wildlife Rehabilitators licenses and other permits before the raid occurred.

They will sue for emotional distress, pain and suffering, violations of their constitutional rights and lost wages since Peanut's online presence supplemented their income."

Longo and Daniela's attorney needs to look at relevant Fish & Wildlife laws. They have major flaws in their notice of intent to file a lawsuit. While I agree that the Department handled the situation poorly at least from a public relations standpoint Longo and Daniela knew they never had the legal right to possess wildlife. They were very irresponsible to be widely publicly exhibiting wildlife to the public online especially in a pet-like manner. I warned them as did others. FYI I never reported them. NY rehabbers reported them.

Turns out they were reported over a year ago by NY licensed wildlife rehabilitators. The Department of Conservation contacted them January 2024 and told them to transfer the animals to a licensed facility. Allegedly Longo stated he released them which was a lie.  Longo admitted he knew he needed a permit but didn't have one. He stated he was in the process of getting an "educational permit." Longo and Daniela knew the laws yet continued to violate them which endangered Peanut and Fred who were killed as a result of the actions of Longo and Daniela.

Wildlife is under the jurisdiction of the state Department of Fish & Wildlife. Wildlife is owned collectively by the state. People cannot legally own wildlife. They can never be pets or companion animals. Longo and Daniela did not have permits to possess wildlife. You must have the permits before you possess wildlife. 

Ill, injured and orphaned wildlife must be turned over to licensed permitted wildlife rehabilitators within 48 hours. Wildlife must be possessed according to the law in specific types, sizes of enclosures. How to get a NY wildlife rehabilitation permit. It's not legal to possess wildlife as "pets" or "companion animals." You cannot display animals to the public with the rehabilitation permit. They never would have been allowed to show the animals in a pet like manner because it encourages illegal and improper behavior. 

It is legal in some states to have an exhibit or sanctuary permit for wildlife. You generally need at least two years experience with a permitted person or facility. NY may not allow it though most states do. You need two years experience to rehab Rabies Vector Species animals such as raccoons in New York. You must be approved before you obtain the wild animal. Wildlife that cannot be released back to nature can legally be euthanized. This is not a pet which can only be euthanized due to medical or behavioral condition. Squirrels and raccoons can be dangerous in captivity. I've rehabbed them for over 20 years and know this personally. I've written articles about ex pet squirrels and raccoons. I no longer take them in to try to wild them up for release to the wild. It's too difficult, time consuming and stressful for the animals and me. 

They never had an exhibit permit so they can't sue for lost earnings. They legally were not allowed to make money off or exhibit the animals even just on internet video. All their pain and suffering was the result of their own actions. If they really cared about the animals, they would have gotten them to safety. They could have then gotten proper permits and maybe taken the animals back. I even warned them about these issues and was attacked just for telling them that this would happen. I'm amazed someone didn't report them sooner. I really hoped this couple would do the right thing after people had warned them.

Below is a press release about the situation from PBA of NYS. Longo was given ten months warning before any action was taken. He lied to state agents about the squirrel. The health department ordered the animals killed about the squirrel bit someone when Longo refused to put the squirrel in a carrier. 


I do believe that the situation was handled poorly. The state should have taken the animals to a wildlife rehabilitation facility until things were handled in a better manner. California learned not to instantly kill stray mountain lions and bears. They relocate even thought it's against their own regulations. When they used to euth they got too much hate mail and threats.

References:

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER I. FISH AND WILDLIFE
SUBCHAPTER J. MISCELLANEOUS REGULATIONS
PART 184. WILDLIFE REHABILITATORS


Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


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Monday, July 15, 2019

Liberty Canyon Wildlife Crossing over 101 freeway Los Angeles by Mary Cummins Animal Advocates


Bringing the Wildlife Crossing at Liberty Canyon to Life

The RCD of the Santa Monica Mountains has been working in collaboration with partners to bring the Wildlife Crossing at Liberty Canyon to life. The crossing would knit together two crucial habitats, which are currently split by Highway 101, and will be crucial for preventing the extinction of the native cougar population.

Although mountain lions (or cougars) in California are not endangered as a whole, sub-sets of their population in southern California face risk of extinction due to urban encroachment, vehicle strikes, inbreeding, and other risks associated with being separated by lethal traffic and freeways like Highway 101. Cougars living in the Santa Monica Mountains face a genetic diversity problem with a 99.7 percent chance of extinction in the next 50 years unless the gene pool is increased, based on a 2016 University of California, Los Angeles study. The Resource Conservation District of Santa Monica Mountains (RCDSMM) and their partners hope to fix this problem with a thoughtfully constructed and innovative wildlife crossing.

The 165-foot-wide, 200-foot-long Wildlife Crossing at Liberty Canyon will span Highway 101 and connect two major cougar habitats. Liberty Canyon was identified as an ideal location for the project after a cougar attempted to cross in October 2013. The young male would have been a prime candidate for increasing genetic diversity in the southern population. It successfully crossed eight lanes of Highway 101, but was trapped by a retaining wall, struck, and killed.

After the cougar death, state senators representing the area called a meeting to see what the options were to help the cougars. Representatives from CalTrans, the Santa Monica Mountains Conservancy, the National Park Service’s Santa Monica Mountains National Recreation Area Unit, and the RCD of Santa Monica Mountains came together to propose the crossing as the most viable solution.

The RCD received funding from the National Wildlife Federation to design the crossing, and final plans were created by Clark Stevens, RCDSMM’s Executive Officer, who is also an architect.

Wildlife Crossing at Liberty Canyon map and infographic
Design and illustration by Clark Stevens, Executive Officer, the RCD of the Santa Monica Mountains

The crossing is not just a bridge, but also includes a larger habitat area to promote use by wildlife. Through a separate grant from the Wildlife Conservation Board, the RCD of the Santa Monica Mountains created a habitat thread down to the crossing zone, improved a man-made drainage ditch, and added a bio swale and a long thin riparian area. The project was badly impacted by the Woolsey Fire in 2018, but the RCD is planning on restoring the habitat. In addition to cougars, there are other species that have genetic problems and will benefit from connectivity of habitats. For example, wrentits, small native birds, need continuously connected trees to travel and would benefit from restored habitat and at the crossing.

The project has many agencies involved to ensure a crossing that is durable and functional for humans, wildlife, and the landscape. Along with the RCD, lead partners include Caltrans, the National Park Service, the National Wildlife Federation, the Santa Monica Mountains Conservancy, and the Mountains Recreation and Conservation Authority.

Unlike many other communities in the United States where large predators are at odds with farming and ranching operations, the Santa Monica Mountains have little to no agriculture production and the community is largely supportive of the wildcats. A Malibu Times article stated that “in terms of written public comments received, nearly 8,000 residents have expressed support for the project, while only 15 expressed opposition.” The regional relationship with cougars truly is unique—the only other city in the world that has big cats living within city limits is Mumbai.

The Wildlife Crossing at Liberty Canyon project is still in its fundraising phase. For more information, please contact the RCD of the Santa Monica Mountains.

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


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