EXPERT AFFIDAVIT OF MARY CUMMINS
I, Mary Cummins, being first duly sworn, say as follows:
1. I am greater than 18 years of age and competent to make this affidavit and
to testify as to the matters set forth herein.
QUALIFICATIONS
2. I am a licensed wildlife rehabilitator, with over twelve years of experience,
specializing in small mammals including opossums, coyotes, bobcats,
skunks, raccoons, squirrels and bats. I have personally rescued and cared
for well over 1,000 opossums, and over 5,000 wild animals with a release
rate of over 90%.
3. I am the founder of the non-profit wildlife rescue group “Animal
Advocates,” located in Los Angeles, California.
4. I am a wildlife educator, making frequent presentations at schools and
organizations in the Los Angeles area.
5. I have gone through the Rio Hondo Police Academy and State Humane
Association of California Animal Law Enforcement Academy to become a
Humane Officer.
6. I have extensive experience and training involving the rescue, rehabilitation
and husbandry practices of native wildlife, including training as an
emergency medical technician, wildlife paramedic (basic training for wildlife
emergency response), basic rehabilitation skills seminar, opossum
rehabilitation, HSUS Animal Care seminar, Humane Society University
Animal First Aid for Disaster Responders, among other things. A copy of my
current CV is attached hereto.
7. I am frequently consulted about issues relating to wildlife rehabilitation and
care, and I have been extensively published and featured in the media.
8. My additional experience includes:
· working at the Los Angeles Animal Services animal shelter,
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· assisting California Department of Fish & Game with the cleanup of
Tiger Rescue,
· implementing a birth control program for squirrels in Santa Monica,
· writing and getting passed a new wildlife policy in Los Angeles City,
· serving as inspector for the American Humane Association,
· participating in the amendment to Los Angeles County zoning which
allows wildlife rehabilitation,
· serving as Assistant to Director of Found Animals Foundation,
· participating in HSUS NDART team cockfight raid,
· attending the International Conference on Diseases of Zoo and Wild
Animals, Madrid, Spain, sponsored by Leibniz Institute for Zoo and
Wildlife Research and the European Association of Zoo and Wildlife
Veterinarians, and
· serving on the HSUS National Disaster Animal Response Team.
9. My professional memberships include the California Council of Wildlife
Rehabilitators, the National Wildlife Rehabilitation Association, and the
International Wildlife Rehabilitation Council.
FACTUAL BACKGROUND
10. For purposes of rendering the expert opinions I give in this affidavit, I was
informed of the following facts:
11. Clay Logan conducts an annual New Year’s Eve event, known as the
Opossum Drop, at his gas station and general store in Brasstown, North
Carolina. Typically, Logan traps a live opossum a few weeks before the
event by hunting the animal with dogs. After the dogs chase the opossum
into a tree, Logan pulls the animal from the tree by his tail and in one video
is seen dangling the captured opossum upside down by the tail. The
opossum is then stuffed into a “toe sack” and transported to Logan’s home.
During the weeks leading up to the event, Logan says he “habituates the
animal to humans.”
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12. In the past, Logan has put a leash around the opossum’s neck and paraded
the animal in front of his store, forcing the animal to “walk” on a leash by
lifting his hind parts up by the tail and dragging the front legs across the
pavement. While in captivity, Logan fattens the opossums up by feeding
them dog food and cat food.
13. At the event, the live opossum is placed into a Plexiglas case with air-holes
and hoisted up approximately 20 feet into the air, where the animal remains
suspended for approximately two hours, with no means to hide from the
crowds or to escape from the noxious stimuli of noises, sights and smells
of the event. While the live opossum is lifted and lowered in his box, a
bright spotlight shines directly at the box. During the time the opossum is
suspended, there are flashing and blinking lights, firing of 13 gunshots,
crowd noises of hundreds of people clapping, yelling, screaming, singing
and using party horns and noise makers, and at midnight, the ear-popping
sounds, glaring lights, and smoke from a fireworks display that lasts
approximately 5 minutes.
14. Although the temperatures are frequently well below freezing, the flimsy
box provides no protection from the elements. Unable to find protective
shelter, the opossum can be seen huddling in a corner of the box and
intermittently scratching at the slick sides in a futile attempt to escape. At
midnight, the opossum is lowered amid more loud music, throngs of
crowds cheering, clapping and using various noise-makers and a large
pyrotechnic display lasting several minutes.
15. After the box has been finally lowered to the ground, throngs of people
typically crowd around to take flash pictures, often spinning the box around
and poking their fingers into the box. In one video of the event, several
spectators can be heard commenting about the fact that the opossum is
trembling.
16. I have also reviewed two videos taken of two previous Opossum Drop
events, at http://www.petapreview.com/4preview/op_drop_expert.asp and
http://www.petaav.com/opossum_drop_2007-2008.htm.
OPINIONS AND CONCLUSIONS
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17. For the reasons explained below, it is my opinion that using a live
opossum at the event inflicts suffering and torment upon the animal.
18. As a trained humane officer, if I saw a group of people stuffing a cat or dog
into a small plastic cage, suspend the cage into the air and leave the animal
dangling there in sub-freezing temperatures, while blasting loudspeaker
music and firecrackers, I would undoubtedly conclude that the perpetrators
were engaged in animal cruelty, i.e., deliberately causing torment and
suffering to the animal.
19. In my experience, the animal would need to be confiscated and the abusers
cited for violating animal cruelty statutes.
20. It is therefore inconceivable to me that a government agency, entrusted to
ensure the humane treatment of wild animals, would issue an official permit
that would allow persons to treat a wild opossum in this fashion. To the
extent that a distinction can be made in this scenario between a dog and a wild opossum, it
is that dogs are habituated to people, while opossums instinctively view them as predators.
The opossum’s distress would therefore be amplified by virtue of being a shy, feral animal.
21. As marsupials, opossums are particularly susceptible to capture myopathy, a condition that
literally causes them to die from fear, within hours or days of the traumatic event. (I describe
this syndrome more fully below). Releasing the animal back into the wild does not undo the
irreversible damage caused by capture myopathy. If the animal suffered from capture
myopathy and is not immediately killed by a predator upon release, she will suffer muscle
cramps and paralysis, pain from failing kidneys, and inability to breathe from congested
lungs, for hours or days after the event, before dying.
22. No justification exists for inflicting such cruelty to an animal for the sake of two hours of
public “amusement” – and issuing a permit for such an activity would be tantamount to
sanctioning (and becoming complicit in) such cruelty.
23. This conclusion is supported by the fact that the cruelty inflicted on a live opossum during
the Opossum Drop is entirely “gratuitous” and utterly unnecessary. I am informed that on
several occasions, these events were conducted without a live animal, without losing in
popularity.
24. I am certain that the people in Brasstown can continue their tradition and custom without
tormenting animals. I will donate an old opossum taxidermy I received as a gift years ago
and which I believe was used in the movie Pet Sematery.
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25. For the reasons explained below, it is my opinion that using a live
opossum at the event is not in the interest of the humane treatment of
the animal.
A. General Overview: Uninjured, Wild Opossums Are Not Suitable For
Captivity
26. There are fundamental differences between domesticated species such as
cats, dogs, who are bred and intended as companion animals, to live in
human dependent situations (on one hand) and wild animals who regard
humans as dangerous predators to be feared and avoided (on the other).
27. Contrary to domesticated animals, wild animals have evolved as
independent, free-living beings. They have very specific needs for survival
and wellbeing, including instincts and behaviors that typically cannot be
adequately met in captivity.
28. As a result, many captive animals – especially “prey” animals such as
opossums – suffer both physically and mentally when they are taken from
the wild and held in captivity.
29. In the hands of unqualified individuals, the difficulties faced by captive
opossums are even greater. This is so because laypersons typically do not
realize the distinct differences between caring for domestic animals (pets)
and caring for wild animals such as opossums. This can clearly be seen in
the case of Logan, who feeds the opossums dog and cat food, puts them on
a leash, and improperly attempts to “habituate” these wild animals to
humans before releasing them back into the wild.
30. Laypersons also lack the required knowledge of the anatomy and
physiology of opossums in order to notice and assess problems when they
arise, as they inevitably do. This is also seen in the case of Logan, who
either failed to recognize and/or treat life-threatening symptoms of
diseases such as capture myopathy and Dermal Septic Necrosis aka crispy
ear of opossums at prior Opossum Drop events.
31. Of course, even when a wild animal is placed in the care of an expert
rehabilitator and wildlife caretaker, the animal’s health and welfare is still
put at risk, because many of the opossum’s specific needs (beyond those
that are currently known and described below) are still unknown because
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they have not been studied and observed sufficiently. Additionally, even
assuming a trained expert recognizes that the wild captive animal has fallen
ill, providing appropriate care may be difficult or impossible. Among other
things, some medical treatments and interventions that might be
considered appropriate for domesticated animals are inappropriate for
opossums. For example, opossums require a particular type of de-wormer
that is not readily available and rehabbers throughout this country report
difficulties in obtaining this product. Therefore, even when a practitioner is
aware that an ordinary de-wormer cannot be used for an opossum, she may
simply not be able to get the required product. In my experience, there are
also few veterinarians who treat exotic or wild animals especially opossums
for fear of worms and bites.
32. In light of these facts (and for the additional reasons described below), it is
not surprising that experience has confirmed that opossums do not
respond well to being kept in captivity, and often become sick and even die
– particularly if they are kept by unqualified, untrained laypersons.
33. In short, healthy uninjured opossums belong in the wild, not in a cage.
Opossums are feral, not domesticated animals. Unless they are unfit to be
in the wild, it is in the interest of the humane treatment of the opossums to
leave them in their natural habitat and let them live the life nature intended
– in the wild.
34. It cannot conceivably be said that hunting an opossum with dogs, taking
him from his wild habitat and confining him in a cage for weeks, fattening
him up with an unaccustomed and unhealthy diet, and then putting him on
public display at the Opossum Drop is “humane,” let alone “in the interest
of the humane treatment of the animal.”
B. Opossum biology and physiology
35. In order to understand why opossums are unsuitable for captivity and why it
would cause them torment if they are used in the Opossum Drop, it is
necessary to understand the nature and characteristics of opossums.
36. Opossums are nomadic, shy, and nocturnal animals. They prefer dark,
secure areas and avoid daylight and loud noises whenever possible. The
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loud noises, bright lights and other sounds and sights at the Opossum Drop
would be extremely scary to opossums and they would instinctively fear for
their lives and seek to flee from them.
37. Opossums are solitary animals. They are not pack animals, and they seek
out quiet peaceful surroundings. The Opossum Drop event is a situation
that is not only foreign to the opossums but would be perceived as
extremely threatening and frightful.
38. In the wild, opossums fill their dens with dried leaves, grass, and other
available soft material, forming well-insulated nests in order to protect
them from climatic conditions such as sub-freezing temperatures, since
their fur does not insulate them well and they are subject to frost-bite on
their hairless ears, tail and toes. The Plexiglas box with slippery, clear
surfaces and the lack of insulation from cold, noise and bright lights is
completely unsuitable as it provides no protection at all to the animal and
instead, would expose the animal to the perceived dangers on his life from
which he instinctively seeks to flee, but cannot.
39. Opossums have very sensitive hearing, which they use to avoid predation by
running away from sudden and/or loud noises. It is easy to scare an
opossum away from one’s back yard by simply clapping one’s hands or
clanging on a trash can. Frightened by the unaccustomed sounds, the
opossum will employ his “fight or flight” defense mechanism by choosing to
flee to safety. The loud popping sounds of muskets firing at the Opossum
Drop, the cannon, music from loudspeakers and eventually the fireworks
would be literally “deafening” to an opossum, injuring his delicate hearing
and also inflicting mental torment on the animal since she cannot escape
from those threatening ear-splitting noises.
40. Being nocturnal, opossums are also sensitive to bright lights, from which
they also instinctively flee in the wild because it signals imminent danger.
The spot-light that typically shines on the opossum’s cage while it is lifted
and lowered and the glare from the fireworks will at least temporarily blind
the opossum, creating additional terror and fear.
41. Like most mammals, opossums experience fear, and exhibit a flight or fight
defense behavior to protect them from perceived or actual threats.
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Opossums are typically non-aggressive and will try to flee from predators
such as humans and dogs.
42. Mating season for opossums begins shortly after the winter solstice. Many
females are pregnant or carry joeys in their pouch in December and January.
Stress, such as that experienced by an opossum in captivity or during the
Opossum Drop, very likely will cause a pregnant female to abort her unborn
babies; or if she already has joeys in her pouch, her milk will dry up (which
is her body’s way of trying to preserve the mother’s health in times of
distress and privation). As a result, her babies will die.
43. Opossums use their long tail as a fifth limb to help climb down from trees,
posts and fences, and to gather materials to make their beds. A broken or
injured tail seriously impairs their chances of surviving in the wild. The
opossum’s tail is also extremely sensitive to touch because one of the
largest veins runs through the middle of the tail. It is very painful for an
adult opossum to be held up by his tail due to his weight, and this may also
injure the tail by dislocating the tail and tail joints.
44. Opossums may also suffer degloving where the skin comes off the tail
leaving exposed bone and flesh. The tail will then die and fall off. This can
also cause spinal cord and nerve damage which can cause paralysis,
weakened rear legs and anal prolapse which would result in death. In this
regard, an opossum is no different from dogs or cats.
C. Stress - Overview
45. When stressed from fear, opossums “play dead” or try to remain still with
their head hung low. When an opossum is faced with a new and fearful
situation, opossums have many unique defense mechanisms: hissing,
showing teeth, and playing dead. However, these mechanisms do not work
and cannot protect the animal from a threat that extends for a sustained
period of time. It would therefore not be typical to see an opossum “playing
dead” during the Opossum Drop because the extreme fear state during the
event is so prolonged. It would be a mistake to assume that the animal is
not stressed simply because it is not observed in the “playing dead” state
throughout the Opossum Drop.
46. As noted previously, stressful situations such as trapping, caging, handling
and repeated human contact is not merely unusual for wild opossums, if
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not done properly, it will be perceived as life-threatening. Fearing for her
life is causing tremendous stress. Rehabilitators are therefore trained to
keep an injured opossum in a dark quiet place away from other animals or
humans, to decrease their stress levels and increase healing.
47. If the captive opossum is to survive, it is imperative that he stay as stress
free as possible in the hands of a human. In wildlife rehabilitation
situations, this is typically done by providing the opossum with as much
privacy, distance, quiet and darkness as possible. In other words, the
circumstances of the Opossum Drop – with its fireworks, cannons, amplified
music, close-up flash photography and crowds of noisy people – are the
precise opposite of conditions that are necessary for the welfare of the
animal. Placing an opossum in a cage or box, surrounded by screaming
people and loud fireworks would certainly result in the opossum becoming
frightened and stressed, fearing for his life. Having no way to escape from
these traumatic conditions, the opossum will experience a high degree of
fear over several hours.
D. Capture-myopathy
48. Opossums are susceptible to myopathy caused by the stress of capture and
confinement.
49. Capture-myopathy is caused by trapping, capture, transport and even
simple restraint of a wild animal. In other words – virtually everything that
happens to an opossum as a result of being captured for the Opossum Drop
puts the opossum at risk of this condition.
50. Fear is the single most important reported factor in triggering capture
myopathy.
51. Trembling, trying to hide, or hanging the head down with a “depressed
look” are all well-established outward signs of stress in an opossum. Other
symptoms include lack of response to stimuli, loss of coordination,
weakness, and muscle stiffness.
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52. Opossums suffering from capture-myopathy may die within hours, days, or
weeks after onset of the disease, depending on the intensity/duration of the
triggering shock.
53. There is no cure for capture-myopathy.
E. Dermal Septic Necrosis
54. Injury, cage stress and harassment from humans and dogs can result in the
opossum suffering from Dermal Septic Necrosis (DSN).
55. In small mammals such as opossums, symptoms of sepsis are frequently
associated with fever or hyperthermia, rapid breathing, elevated heart rate,
and confusion. Sepsis may also lead to a drop in blood pressure, resulting
in shock. This may result in light-headedness, bruising or bleeding.
56. DSN in opossums is most often the direct result of stress. When opossums
become stressed this decreases the ability for their immune system to
function. As a result, opossums develop DSN infections.
57. Even before the time of the actual Opossum Drop, it is likely that the
opossum that was trapped for the event and subjected to the cruel and
inappropriate handling by Logan and others (described previously)
developed a full blown systemic infection. Being hunted and captured,
transported away from familiar environs while bound up in a sack, paraded
around on a leash, put in a cage and fed unfamiliar unhealthy foods, is
overwhelmingly stressful to the animal. This is compounded by the fact that
the animal is exposed to daylight from which she cannot escape, which is
frightful to nocturnal animals.
58. Beyond mental stress, another contributing factor for DSN is the wholly
inappropriate diet Logan feeds to the opossums. A diet consisting
exclusively of dog and cat food is too high in protein for an opossum
overburdening the kidneys. When the kidneys are compromised, the
opossum’s ability to fight off an infection becomes even further reduced.
Once the infection erupts, blood coagulation ceases to exist. As a result, an
opossum can literally bleed out and die if he were to break a finger off while
trying to dig to freedom.
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59. Aside from the generally stressful conditions to which Logan exposes the
animals in the weeks leading up to the Opossum Drop event, there is no
question that the amount of sheer terror an opossum experiences during
the hours the animal is suspended during the Opossum Drop itself,
especially combined with exposure to sub-freezing temperatures, will
create a “perfect storm” for an outbreak of DSN. Exposed to extremely loud
noises, and the fearful sights and smells of throngs of humans, having no
way to escape (or at a minimum, escape from view), the opossum will
experience the type of a high degree of fear and stress known to precipitate
DSN.
60. The opossum in the photo from the Opossum Drop (see picture inserted
after this paragraph) clearly shows evidence of DSN aka “crispy ear.” If the
infection were stopped at this stage, the brown area on the ear would dry
up and fall off. The opossum’s hearing would be affected negatively as
opossums use their large ears like satellite dishes to listen for prey and
food. It would also be very painful. Opossums have many muscles and
nerves in their ears. They have the ability to turn their ears in the direction
of any sound. They can also instantly shrink their ears like a raisin to
protect them. Once the infection has set in, it may take up to 3 months of
antibiotics to heal. Very likely, the opossum depicted on this photograph, if
denied basic medical care after he became ill, died a very painful death
shortly after release. The image also shows injury to the snout of the
opossum. This injury is consistent with the opossum trying to get out of a
metal trap or cage. They will use their snout to try to push out of a cage
which causes the skin to be damaged. Opossums can rip or rub off a great
portion of the skin off of their snout by spending only an hour in a metal
trap or cage. We have received opossums that had ripped so much skin off
of their snouts that there was not enough skin to cover the bone even with
surgery. They had to be euthanized. This photo also shows possible DSN of
the claws or the opossum was pulled out of a wire mesh trap. In response
to being pulled backward out of a metal trap or enclosure the opossum
would try to hang on with their claws. Their claws would then be ripped out
or bloodied trying to hold onto the cage. An opossum expert would know
never to pull an opossum backward out of a wire mesh enclosure. Looking
again at the photo one can tell that this is a male opossum by the yellow
stained fur overlying the suprasternal gland patch on his chest. This
signifies the production of testosterone during mating season.
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F. Other diseases that were dormant can erupt as a result of trauma or
stress from captivity
61. Research and personal experience has shown that other diseases that were
dormant in an opossum before capture, can erupt as a result of the trauma
and stress caused by captivity.
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62. For example, if an opossum is stressed, parasites which the animal could
normally keep at bay may flourish. One such parasite is turgida turgida aka
throat, mouth and stomach worms. These worms attach to the stomach.
They cause ulcers at the site of attachment. Here is video of live stomach
worms from a recently deceased opossum which was caught in a trap.
http://www.youtube.com/watch?v=5Sp6Nk5z6s8 This video was taken by
Dr. Kenneth Jones in Santa Monica, California. He is known throughout the
US and the world as the preeminent Virginia opossum veterinarian.
63. Dr. Jones’ video of stomach worms should be reason enough not to issue a
permit for a live opossum at the Opossum Drop. If people knew those were
in opossums they would not want them near their food, and the event
would not be nearly as amusing to them. They are called throat and mouth
worms for a reason. An opossum under stress will not be able to keep these
worms at bay. They will increase in number until the opossum is too weak
to go find food. The worms them crawl into the throat and mouth while the
animal is still alive. The worms are looking for food. They feed on food in
the stomach. If there is no food in there (as for example, after the opossum
is deprived of sustenance as a result of, or following, the Opossum Drop),
they go to the mouth.
64. Other parasites such as coccidia also flourish when an animal is stressed.
This can cause severe intestinal problems and even death.
G. The opossum’s specific dietary needs are difficult to meet in captivity and
if not met, can cause severe distress and potentially fatal diseases
65. Opossums have specific diets and nutritional requirements that cannot be
easily replicated by humans. Opossums need a highly specialized low
protein, high calcium diet consisting of fresh foods and proper calcium:
phosphorous ratios. Opossums in the wild can balance their own diet. In
captivity it is up to the caretaker to provide proper and adequate nutrition.
66. It has been widely reported and is a well-demonstrated fact that opossums
fare poorly in captivity because their biological organism is not forgiving of
a poor diet. If opossums are fed inappropriately, they will get sick, lose
mobility and even die.
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67. Excessive meat protein (as is contained in cat food and most commercial
dog food) can lead to metabolic bone disease and other serious health
problems in opossums.
68. Among other things, captive opossums are at high risk of secondary
hyperparathyroidism or metabolic bone disease (“MBD”) and a range of
metabolic defects that affect bone morphology and function of the bones
caused by the diet they are fed in captivity. MBD can progress to cause
immobility and death, if not corrected quickly and appropriately. Early
clinical signs of MBD are a reluctance to walk, shorter strides and tentative
foot placement, as if the animal were walking on eggshells. They may also
appear lethargic, experience loss of appetite and have seizures.
H. Problems relating to release back into the wild
69. In addition to the fact that releasing the opossum back into the wild does
not erase the damage already done, the animal faces additional threats
upon release.
70. Assuming a wild animal survives the distress and other risks inherent in
being in captivity and is released back into the wild, experience has
demonstrated that they do not easily assimilate back into the wild and that
therefore, their chances of surviving tend to be very poor. The time it takes
for an animal to readjust to the wild is typically longer than the time it takes
to be preyed upon by a predator, succumb to disease, or die of starvation
or thirst.
71. Furthermore, as previously noted, the conditions at the Opossum Drop will
likely have precipitated or aggravated the previous onset of DSN and caused
dormant diseases to erupt. Once released, there would be no way of
knowing if the opossum developed these diseases which, if untreated, will
spread rapidly and cause the animal to suffer a painful death.
72. If the opossum is not provided with adequate exercise during captivity, he
will not be able to survive when released. An opossum kept in a smaller
cage will not receive sufficient exercise. The minimum enclosure size for an
adult opossum as per the Minimum Standards for Wildlife Rehabilitation
NWRA, IWRC1 is 4’ x 4’ x 8’ tall. Opossums also need other enrichment
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1 http://theiwrc.org/wp-content/uploads/2010/08/MSWR.pdf pgs 49, 53.
items and places to hide, “Marsupialia (Opossums): Hammocks made of
one-inch square wire mesh or from burlap sacks, attached to wall or roof
(and removable for cleaning); tree limbs and logs at various heights to
promote climbing. Plastic barrels for hiding or other things to hide in (logs,
boxes, etc.). Large (ferret- sized) exercise wheels may be used to keep
young opossums active.” Exercise is even more important for adult
opossums. Most opossum rehabbers use custom-made 24” diameter
wheels. Opossums naturally use the wheels which keeps them in physical
condition so they may be released. An opossum that has not been climbing
and running for weeks will not be in good enough condition upon release.
All wildlife rehabilitators put opossums in large conditioning cages
providing them with plenty of exercise before release.
73. For the reasons explained below, it is my opinion that Logan is not
qualified to properly care for opossums and he poses a risk of harm to
the animal, himself and the public.
A. Overview
74. The highly specialized care required for an opossum can only be provided
by individuals knowledgeable about their specific needs. Wildlife
rehabilitators are among the few individuals qualified to provide such care.
Wildlife rehabilitators have husbandry skills specific to the type of animal
under their care. This includes knowledge of the appropriate handling and
restraint techniques, dietary requirements and providing facilities isolated
from human traffic.
75. It is obvious that Logan has no qualifications (much less willingness) to
properly care for an opossum – and that the health and welfare of
opossums will be put at risk by permitting Logan to possess an opossum
even under optimal circumstances that did not involve the Opossum Drop.
B. Evidence of prior mistreatment, disregard of most basic needs
and failure to treat a serious, life-threatening condition
76. As previously noted, pictures of an opossum used at a previous Opossum
Drop show an opossum with a bloody nose and bloody ear. The wound on
the nose is characteristic of an animal kept in a cage, fighting to get out.
The bloody tip of the ear is a textbook example of DSN. As also previously
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noted, this is an outward manifestation of sepsis, a serious, life-threatening
condition that requires immediate veterinary assistance, which Logan failed
to provide.
77. At another Opossum Drop, the animal was reported to be trembling or
shivering, which is a symptom of deadly capture-myopathy – yet there is no
evidence that Logan provided any type of medical attention or care to the
animal.
78. Equally disturbing is Logan’s tendency to lift opossums by their tail,
encourage others to do the same, and even display this inhumane handling
to crowds as part of the “entertainment” at the Opossum Drop. Even with a
modicum of inquiry into the proper handling of an opossum, Logan would
have realized (or more likely, he simply did not care) that this is very painful
to the animal. Just as it is regarded as cruel and inhumane to hold up a dog
or a cat by the tail, it is equally inappropriate, and painful to hold an
opossum in this manner. The fact that Logan would exhibit such cruel and
inhumane behavior as “entertainment” speaks volumes why he is not
qualified to obtain another permit or license to possess another opossum in
the future.
79. Holding an adult opossum by the tail can cause nerve damage, paralysis
and anal prolapse. The tail is of course attached to the spine. Because
opossums have prehensile tails they have even more muscles and nerves in
their tail than a cat or dog. While there are photos of opossums hanging by
their tail on the Internet, opossums do not hang by their tail naturally.
Those photos are staged. The adult opossum’s tail strength to total weight
ratio would make it impossible for him to hang only by his tail. Opossums
do use their tail as a fifth limb while climbing. If an animal or humans yanks
the tail of an opossum, the tail could become degloved, i.e. skin of tail is
removed leaving only exposed bone and flesh. The tail will then dry up and
fall off. Opossums cannot easily survive without their tail. Yanking of the
tail can also cause paralysis when the spinal cord is stretched to the
breaking point. Even if the spinal cord is not broken damage can occur
leading to paralysis, nerve damage and anal prolapse. If this occurs the
animal will not survive. We receive opossums with this condition that have
had their tail yanked by an animal or human.
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80. Displaying a similar shocking disregard for the welfare of the animals, and
lack of even the most basic knowledge for the appropriate care of
opossums in captivity, Logan has boasted that he “fattens” up opossums
before the Opossum Drop, and feeds them dog food and cat food that is
wholly unsuitable (and potentially deadly) for the animals. In addition to the
health risks associated with this improper diet mentioned previously,
obesity in opossums is as dangerous to opossums as to people, and can
lead to cardiac, hepatic, and pancreatic diseases that often shorten their
lifespan. Obesity in an opossum affects them differently than humans.
Everyone probably remembers Heidi the cross-eyed opossum in Germany.
While some people thought it was “cute,” it was the result of obesity
causing fat deposits to accumulate behind her eyes pushing them outward.
Opossums also collect fat at the base of their tails which can limit their tail
mobility. Even if put on a proper diet, opossums are not able to lose the fat
deposits from behind their eyes and tail. This of course makes them
unreleasable as they will not be able to survive.
81. Compounding all of these inappropriate methods of handling and feeding
captive opossums, Logan apparently works to habituate the animals while
they are in captivity, prior to their release back into the wild. Aside from the
stress associated with this supposed “habituation” (presumably consisting
of more inappropriate handling, such as depicted in the Opossum Walk
which shows Logan “walking” the opossum on a leash tied to her neck),
such attempts to render the animal tame by pretending that she is a pet
only further lessens her chances of survival in the wild, for the reasons
demonstrated previously. To the extent that Logan attempts to “habituate”
the animal by exposing him to loud music and bright lights in order to
“acclimate” the animal to the conditions of the Opossum Drop, this would
only compound the cruelty, since opossums do not get habituated to lifethreatening stimuli from which they instinctively will seek to flee.
82. Finally, the Plexiglass cage that Logan uses to “display” the opossum during
the event is woefully inadequate to properly protect the animal from
freezing temperatures, exposing the animal to a risk of frostbite and
hypothermia, among other things.
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C. In addition to causing harm to the animal because of his lack of
qualification, Logan endangers himself and others if he is permitted to
keep a wild opossum
83. All wildlife species including opossums can carry diseases and parasites.
84. A zoonotic disease is a disease passed between animals and humans. There
are many diseases humans only get by interacting with animals intended to
live free from human contact, such as opossums.
85. Wildlife scientists routinely caution people not to get too close to wild
animals, including opossums, in order to avoid the spread of potentially
dangerous zoonotic diseases.
86. It is of course widely recognized that the opossum is heavily parasitized by
a variety of organisms and is also a reservoir for several zoonotic diseases
that are potentially deadly to humans and domesticated animals (pets as
well as livestock).
87. Among other things, opossums reportedly can be carriers or reservoirs of
diseases such as leptospirosis, tuberculosis, relapsing fever, tularemia,
spotted fever, toxoplasmosis, coccidiosis, herpes virus, salmonella,
trichomoniasis, and Chagas disease. Opossums are also well known hosts
for cat and dog fleas, mites and lice which are known carriers and
transmitters of disease, especially in urban environments.
88. Although opossums pose little harm to humans in the wild, this cannot be
said of opossums held in captivity where the animal’s diseases and
parasites can readily spread to people, pets, livestock and other wildlife that
would normally not have come into contact with the opossum.
89. Notably, many of the diseases that an opossum can spread to humans are
subclinical in the animal (i.e., no symptoms are apparent). Yet these same
diseases in people can cause severe threats to human health.
90. In gross indifference to this threat, Logan has allowed others to handle the
animal and be in close proximity to the Opossum Drop cage, thereby
exposing them to a risk of harm from any number of zoonotic diseases.
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91. Opossums carry salmonella in their saliva. They clean themselves by licking
their fur placing salmonella on their fur. People who touch the opossum’s
fur may get salmonella in this manner.
92. The Opossum Drop features food and drink for human spectators. This
adds to the risk of transmission of zoonotic diseases.
93. There is no evidence that the organizers of the Opossum Drop guard
against, or caution attendees of, this distinct risk. Because many symptoms
of zoonotic diseases transmitted by opossums are known to cause “flu like”
symptoms, Opossum Drop attendees may mistakenly believe to have caught
ordinary influenza and fail to be diagnosed and properly treated.
94. Although not as common in opossums as other diseases, opossums are
also carriers of rabies and infected opossums are capable of transmission.
Therefore, if Logan, his hound dogs, or any other persons or animals are
bitten by an opossum, this will result in the inevitable killing of the
opossum because a rabies test will be required that can only be performed
by killing the opossum.
95. For the reasons explained below, it is my opinion that issuing a license
for using a live opossum at the event is not in the best interest of the
conservation of wildlife resources and not consistent with wildlife
resources conservation objectives.
96. Just as wild animals can transmit diseases to humans and domesticated
animals, humans and household pets can transmit diseases to wild animals.
For this wildlife biologists warn people not to get too close to wild animals,
in order to avoid the spread of those diseases to wildlife. Virtually
everything Logan does contradicts this practice and creates an unacceptable
risk to himself, the public, and other animals.
97. This risk of transmitting zoonotic diseases from humans and pets to
opossums is an additional reason why a permit for using a live animal at the
Opossum Drop event should not be issued.
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98. Because of the opossums’ lowered immunity, they would be particularly
susceptible to catching diseases to which they have not previously been
exposed. In turn, the opossums can spread those diseases to other wild
animals upon their release back into the wild.
99. Because of the risk of disease transmission, it is not in the best interest of
wildlife resources conservation to issue a permit for using a live opossum at
the Opossum Drop.
100.Furthermore, it is contrary to the objectives of wildlife resources
conservation to grant permits for exploitative events such as the Opossum
Drop, that involves removing a wild animal from his natural environment to
be used purely for human entertainment purposes, at the expense of (and
at the grave risk to) the health and welfare of the wild animal. This sends
the exact opposite message of any wildlife conservation agency, i.e. wildlife
belong in the wild. It also sets a poor example for children. Children will
think that they may approach any wild opossum they find in the wild which
could expose them to possibly being bitten or scratched besides subjecting
them to diseases.
101.Issuing a permit for the event would publicly demonstrate that the Wildlife
Resources Commission condones such mistreatment and will further
encourage others to apply for similar permits to exploit wild animals for
their financial gain, amusement, and/or notoriety – to the clear detriment of
North Carolina’s wildlife resources.
AFFIANT SAYETH NAUGHT
This day of May, 2013.
_____________________________
Mary Cummins
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