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Showing posts with label peanut. Show all posts
Showing posts with label peanut. 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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Sunday, November 3, 2024

Wildlife in the News: Nibi the beaver, Peanut the squirrel, by Mary Cummins Animal Advocates

I'm sure most by now have heard about the stories of Nibi the beaver and Peanut the squirrel. Both were found orphaned and raised by individuals with the intent to release them back to nature. For differing reasons neither were released. Instead the local Fish & Wildlife/Game Departments got involved. After some legal wrangling, petitions, press, social media campaign, Nibi is now an educational beaver. Sadly the authorities just instantly took Peanut and killed him. Here's a little explanation of what issues were involved.

Peanut the squirrel was found orphaned by a kind couple who raised him in Pine City, New York. The finder Mark Longo and his wife tried to release him but he was too acclimated to humans so they kept him. They made a social media page about him wearing hats, acting like a pet which garnered lots of fans and attention. They started P'Nut's Freedom Farm an animal sanctuary. Peanut got the attention of the local Fish & Game Department. New York State Department of Environmental Conversation (DEC) got a warrant then went and took him October 30, 2024 and killed him. They did not cite Longo or give him notice to appear for formal charges. They killed Peanut and a raccoon stating he bit someone and could have rabies. Just fyi any mammal can get and carry rabies. It's extremely rare for squirrels to have rabies. Most would die pretty quickly with obvious signs.

Legally one must have a permit to possess wildlife in New York. One could have possibly gotten an exhibit, sanctuary or wildlife rehabilitation permit to possess a squirrel. One could have also given the squirrel to someone who is already licensed to have squirrels. I doubt anyone would have been bitten at that point. I personally feel the authorities should have given the squirrel to a licensed individual. They could have worked something out in the future so the finders could visit or become licensed. The bad press is never worth it. Sadly that didn't happen. In a perfect world they should have given the baby squirrel to a wildlife rehabilitator so he could have been raised with others then released to the wild. It's possible the finder didn't know the law at the time. He did know the law later and should have taken steps to safeguard Peanut.

Nibi the beaver was also found orphaned. He was given to licensed wildlife rehabilitator Jane Newhouse of Newhouse Wildlife Rescue in Massachusetts. You must raise beavers with others so they don't get acclimated to human caregivers. Squirrels are the same way. The rehabber tried but couldn't find another beaver Nibi would accept. Nibi wasn't able to be released for this reason. The rehabber applied for an educational permit but was denied. They were ordered to release Nibi instantly. A habituated beaver would most likely die if released.

Instead they used their social media fans to start a petition, contacted the media and contacted lawyers and local politicians. With the help of media and politicians including I believe the Governor they were able to secure the proper permits. 

I personally feel they should have been granted the educational permit originally. I feel perhaps the local Fish & Wildlife department just didn't want to encourage rehabbers to keep wildlife or showcase them in a pet like manner. While we got a wildlife rehabilitation and educational exhibit permit our local Fish & Wildlife department is also extremely against giving permits. They believe wildlife should be "utilized" as in hunted, eaten, used for fur, research or released to the wild even if they just die. They don't believe any wildlife should be kept for education, exhibition, sanctuary or foster. Because there are a lot of "working" wild animals in California they still give out some permits to some people. 

The purpose of this article is to educate people about possessing wildlife and the necessary permits. If you find ill, injured, orphaned wildlife, give it to a licensed wildlife rehabilitator instantly. Don't keep it because you will bond with it and it will bond with you. Then it won't be able to be released back to nature and could end up dead. A life in nature is best for wildlife.

If you want to care for wildlife, volunteer with a licensed wildlife rehabilitator. We are not accepting new volunteers but other facilities may. Thanks for caring about wildlife. 



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
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