Showing posts with label laws. 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.

https://www.pbanys.org/pba/news-detail/press-release-state-environmental-conservation-officers-union-calls-for-calm-in-wake-of-wildlife-seizure/

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

https://www.tmz.com/2024/11/27/peanut-the-squirrel-owner-notice-intends-sue-new-york/

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.

Google+ Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary Cummins-Cobb, Mary, Cummins, Cobb, wildlife, wild, animal, rescue, wildlife rehabilitation, wildlife rehabilitator, fish, game, los angeles, california, united states, squirrel, raccoon, fox, skunk, opossum, coyote, bobcat, manual, instructor, speaker, humane, nuisance, control, pest, trap, exclude, deter, green, non-profit, nonprofit, non, profit, ill, injured, orphaned, exhibit, exhibitor, usda, united states department of agriculture, hsus, humane society, peta, ndart, humane academy, humane officer, animal legal defense fund, animal cruelty, investigation, peace officer, animal, cruelty, abuse, neglect #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit

Mary Cummins

Mary Cummins of Cummins Real Estate Services has been in real estate since 1983, over 35 years. She is licensed by the Bureau of Real Estate Appraisers. Mary Cummins was an agent and broker licensed with the California Department of Real Estate selling residential income, commercial buildings, raw land and homes for Merrill Lynch Realty in Beverly Hills and Westside Properties in Los Angeles before concentrating on appraisals. Mary Cummins currently provides real estate appraisals, expert witness testimony, historical research, legal real estate research for mortgage brokers, banks, lawyers, factors, insurance companies, financial consultants and private individuals. Mary Cummins was born and raised in Southern California. Cummins attended Beverly Hills Good Shepherd Catholic School and Beverly Hills High School. Besides being on the Dean's list, Mary Cummins was a top ten national swimmer and competed on the men's water polo team. Mary Cummins began college at the age of 15 attending the University of Southern California on scholarship, majoring in Psychology/Sociology. http://www.animaladvocates.us http://www.facebook.com/AnimalAdvocatesUSA

Wednesday, May 4, 2016

How to properly deal with bears in California - Animal Advocates, Mary Cummins

Bears Follow their Noses, so You Should Follow these Tips

MAY 3, 2016

Black bear by water — A California black bear

With an estimated 35,000 bears, California has a healthy and growing black bear population. In spring hibernating bears emerge from their winter slumber and begin an almost perpetual search for food. It is not uncommon for a black bear to consume up to 20,000 calories a day. Unfortunately, this search can sometimes lead bears into populated areas and conflicts with humans.

“A bear’s nose is seven times better than a hound dog’s, and it will lead a bear to anything that is edible or smelly,” said Marc Kenyon, the California Department of Fish and Wildlife’s (CDFW) human-wildlife conflict expert. “Bears can smell meat drippings on your barbecue, dog food on your porch and candy in your sleeping bag. So if you live near or visit bear habitat, for your safety and the well-being of the bear, always keep your food and trash properly secured.”

Once a bear finds an easy food source, it will return again and again to the same location, and if that food source is a neighborhood or campground, the consequences are not going to be pleasant. Not only can bears get sick from ingesting trash, they can also become dangerous as they begin to associate humans with food.

Bears that become habituated to human sources of food must be killed. Relocating habituated bears does not work. The bears ultimately return to the same neighborhood or another populated area and continue their bad habits — scavenging through trash cans, breaking into homes and even attacking domestic animals.

Although there have been no documented human fatalities from black bears in the state’s history, attacks have occurred. In order to keep bears in the wild and people safe, CDFW provides the following Bear Aware tips for people living in or visiting bear country:

For residents:

Purchase and properly use a bear-proof garbage container.
Wait to put trash out until the morning of collection day.
Don’t leave trash, groceries or animal feed in your car.
Keep garbage cans clean and deodorize them with bleach or ammonia.
Keep barbecue grills clean and stored in a garage or shed when not in use.
Avoid using birdfeeders.
Don’t leave any scented products outside, including non-food items like suntan lotion and candles.
Keep doors and windows closed and locked.
Consider installing motion-detector alarms and/or electric fencing.
Keep livestock in secure enclosures.
Harvest fruit off trees as soon as it is ripe, and promptly collect fruit that falls.
Securely block access to potential hibernation sites such as crawl spaces under decks and buildings.

For campers and hikers:

Use bear-proof trash cans whenever possible or store your garbage in a secure location with your food.
Store anything smelly including food, pet food and toiletries in bear-proof containers or in an airtight container in the trunk of your vehicle.
Clean dishes and store food and garbage immediately after meals.
Clean your barbecue grill after each use.
Never keep food, toiletries or anything with a scent in your tent.

Never intentionally feed bears in order to attract them for viewing.
When hiking make noise to prevent surprising a bear. Clap, sing or talk loudly.
Travel in a group if possible.
Pay attention to the surroundings and watch for bear signs, such as tracks or claw or bite marks on trees.
Keep dogs on a leash.
If you see a bear, do not approach it. Make sure it has an escape route.
If you encounter a bear in the wild, back away slowly. Do not run. Raise your arms to look larger and speak in a calm, loud voice. Do not turn your back.

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Media Contact: Carol Singleton, CDFW Communications, (916) 322-8962