Tuesday, July 19, 2016

Ed Boks, Edward Boks "resigned" FIRED from Yavapai Humane effective immediately

UPDATE: 11/10/2022 Ed Boks was somehow hired at Bayou Animal Services in 3100 Deats Rd, Dickinson, Texas. He's been there since May 2022. Did they not Google this person? He was fired from last three jobs. He's been sued multiple times and lost or was forced to settle. He lost the lawsuit I filed against him as the city settled on his behalf. On his last day on the job Ed Boks wrote and posted a fake city press release. City ripped it down the second they saw it then changed the codes. Had I seen it I would have sued him instantly for defamation. He was physically locked out of Yavapai premises. He was sued for racial discrimination in New York and lost. He was sued for sexual harassment and lost/was forced to settle.

Ed Boks lied about improving New York, Arizona and Los Angeles. He lied about raising funds for the Los Angeles animal shelters. That money was raised ten years before he got here. He continues to defame and harass me yet Bayou Animal Services hired him. They clearly did not do their due diligence and will probably be sued when his mistakes, sexual harassment, defamation become public again.

https://www.facebook.com/bayouanimalservices

https://www.bayouanimalservices.org/
@bayouanimalservicestexas

UPDATE: Word is Edward Boks, Ed Boks' exit from Yavapai was rather contentious. Yavapai was smarter than Los Angeles. In LA Ed Boks negotiated two months salary if he left the building immediately. LA forgot to change the door locks and website, blog passwords. Ed Boks on his last day put up a fake LA City press release. Ed Boks also refused to turn over the Dept blog. I made this blog for the city. http://laanimalservices.blogspot.com Ed Boks deleted all of the many blog posts and hard work by employees. He kept the traffic by using it to refer to his new blog i.e. "LA's top dog." http://latopdog.blogspot.com/ Definitely not "LA's top dog." He doesn't even live in LA.

Lest anyone forget the City Council of Los Angeles made a motion for a vote of no confidence in Ed Boks before he was fired. Link to the city motion in city website.

http://clkrep.lacity.org/onlinedocs/2009/09-0697_mot_3-31-09.pdf

This motion was made by Councilmember RICHARD ALARCON and Seconded by Councilmembers TONY CARDENAS, BERNARD PARKS, GREIG SMITH, DENNIS ZINE. All councilmembers were for the motion.

Here is a link to a YouTube video where Ed Boks is called out by a Santa Monica City Councilmember about that vote of no confidence. Boks' reply is ridiculous.

https://youtu.be/Np0DUXLHC_A?t=5m56s

Image of the motion.

Ed Boks, Edward Boks vote of no confidence by entire Los Angeles City Council

Anyone who hires Ed Boks for anything related to animals ought to have their head examined. I can't think of a worse person in relation to animals. He doesn't even like animals.

July 23, 2016: More news about Ed Boks' departure from Yavapai Humane. Turns out things ended very, very ugly when Boks was leaving. There may be litigation. He told people he had no job lined up and has nowhere to go. In the meantime Ed Boks did the same thing he did when he was fired from Maricopa, New York and Los Angeles. He doesn't remove his title from his Facebook page. Oddly enough Yavapai instantly removed his name. If you go to this link, it says "page not found."

http://www.yavapaihumane.org/team/executive-director-ed-boks/

Being fired from his last few jobs doesn't bother Ed Boks at all. He did the same thing he did when he was booted out of LA Animal Services. He started offering his wonderful consulting services.

Ed Boks begging for work

I think I can help Ed Boks out with some "examples of what I can do." Scroll below and you can see the many lawsuits caused by Ed Boks. Every shelter was sued because of Ed Boks' actions. The shelters LOST the lawsuits. When the city wanted to settle with me I told them I didn't want the money from them. I wanted it only from Ed Boks as the suit was caused by his behavior. They got back to me that he had no money. If I was to get any settlement, the city would have to pay the entire amount and they did.
__________________

I think I may have found out why he was fired, resigned. He got a DUI while working for Yavapai. He just got another traffic ticket for speeding. Knowing Boks he was probably in the city car both times. He got in an accident with the city car here in LA, was sued and lost. Here is info on the very recent Arizona case. Boks may have been on probation for the DUI. Maybe this was a probation violation? Just read it more carefully. Ed Boks will be arraigned tomorrow 07/20/2016. Maybe he will be sentenced to jail tomorrow?

I just read his old DUI a little better. He was over .08 at .13, may have also been on drugs. He was driving on the wrong side of the road. That is super drunk. They sent him to jail for that. The Judge warned Boks about being a repeat offender. Judge said the charges will be harsher next time. His probation was 11 months. I think it's been over 11 months so maybe not probation violation but repeat offender. Here is link to last case.

http://71.216.160.127/csp/pcc/csp4.csp?BOKS,EDWARD_ALBERT&DKT=2013090073C&REP=3140&TOT=1

Edward Boks, Ed Boks criminal record, DUI, DWI, traffic accident, fired, resigned, Yavapai Humane

Here is the current case. I searched here. His birthdate is August 1951. Search Edward Boks. It says "Cal: Arraignment." I take that to read calendar arraignment.

https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx

Case Number:	M-1347-TR-20161494
Title:	ST OF AZ VS BOKS EDWARD ALBER	Category:	Traffic
Court:	Prescott Valley Municipal	Filing Date:	6/21/2016
Judge:	None	Disposition Date:	7/8/2016

EDWARD ALBERT BOKS DEFENDANT - D 1

Date of Birth: 08/1951

Citation	Count	Description	Disp. Date	Disposition
C000000001602147	1	LESS THAN 65 IN 55 / WASTE OF FINITE RESOURCES	7/8/2016	BAIL/DEPOSIT GIVEN/FORFEITED

Case Activity

Date	Description	Party
7/20/2016	CAL: ARRAIGNMENT
7/12/2016	READY FOR PURGE
7/8/2016	FUND:PROBATION ASSESSMENT	D 1
7/8/2016	FUND: 2011 ADDTNL ASSESSMENT	D 1
7/8/2016	FUND: VICTIM RIGHTS ENF ASSMNT	D 1
7/8/2016	FUND: BASE FINE	D 1
7/8/2016	GLTY/RSPN. FINE PD. CODE 12	D 1
7/8/2016	FUND: COURT ENH FEE 83%	D 1
7/8/2016	FUND: 2012 SURCHARGES (83%)	D 1
6/27/2016	COMPLAINT FILED-UNIFORM CITATN	D 1

Here is/was Ed Boks' mugshot. It is his booking photo.

Edward Boks, Ed Boks mugshot

Ed Boks, Edward Boks resigned or was most likely fired from Yavapai Humane effective immediately. Ed Boks resigned/was fired from Maricopa Animal Control in 2003. Ed Boks resigned/was fired from New York Animal Control 2005. Ed Boks resigned/was fired from Los Angeles Animal Services in 2009.

http://www.dcourier.com/news/2016/jul/19/ed-boks-resigns-executive-director-humane-society/

Here is his goodbye column. Every time he leaves a shelter he writes the same ridiculous article.

http://www.dcourier.com/news/2016/jul/20/carrying-legacy/

I'm posting this so another animal shelter doesn't make the mistake of hiring him. Ed Boks here negotiates his resignations so he can get a job somewhere else. He was so hated at Yavapai Humane that they were willing to state he resigned instead of firing him just to get rid of him. He did the same at Los Angeles, New York and Maricopa. Ed Boks threatened to sue the city if they fired him even though they had cause.

Yavapai Humane did not bother to check out Ed Boks' history before they made the big mistake of hiring him. Ed Boks told them HE raised the $150,000,000 to build the new animal shelters in LA. The Prop F fund raised the 150 million. Ed Boks had nothing to do with the new shelters which were planned over ten years before he arrived in Los Angeles. Ed Boks was hired a few weeks before one opened yet he took credit for it.

When the city settled with me Ed Boks had the audacity to forge a city press release. I was told it was on the city site for less than half an hour. The city took it down. Ed Boks posted it his last day on the job. His last two months on the job were at home. He illegally accessed the city computers to post the fake press release. The blog entry is below.

Below are a few articles written about the many troubles of Ed Boks.

2009 Sued for racial discrimination. Judge found Ed Boks did racially discriminate against a black employee.
http://cleveland.indymedia.org/news/2009/04/37536.php

Mary Cummins sues Ed Boks. Yes, this is my lawsuit against him. What Ed Boks actually did was much worse.
http://marycumminsrealestatemarycummins.blogspot.com/2014/06/mary-cummins-cobb-vs-city-of-los.html

2009 Mayor Antonio Villaraigosa fires Ed Boks. Ed Boks begs to resign.
http://cleveland.indymedia.org/news/2009/04/37571.php

Ed Boks another DUI
http://animaladvocatesmarycummins.blogspot.com/2015/06/ed-boks-edward-boks-edward-albert-boks.html

Ed Boks fails in Los Angeles
http://la.indymedia.org/news/2007/03/194547.html

More of Ed Boks' failures
http://la.indymedia.org/news/2007/08/205730.html

Ed Boks Wikipedia page removed
http://animaladvocatesmarycummins.blogspot.com/2014/11/ed-boks-edward-boks-edward-albert-boks.html

Ed Boks' false shelter statistics
https://www.indybay.org/newsitems/2008/01/23/18474388.php

Ed Boks' failure in Los Angeles
https://www.indybay.org/newsitems/2008/04/21/18494347.php?show_comments=1

Ed Boks about to be fired in Los Angeles
https://www.indybay.org/newsitems/2008/10/06/18543174.php?show_comments=1

Mayor accepted bribe in exchange for hiring Ed Boks
https://www.indybay.org/newsitems/2009/11/29/18630796.php

Petition people at Yavapai made to get Ed Boks fired
https://www.change.org/p/yavapai-county-board-of-supervisors-remove-ed-boks-as-director-of-yavapai-humane-society

Ed Boks was sued for unlawful termination. I was told the city spent $285,000 in legal fees fighting the case. Ed Boks and Yavapai Humane's attorney partially settled the case for money. The complaint is linked in there. Wherever Ed Boks has worked he manages to get sued.

http://www.acluaz.org/issues/free-speech/2011-12/1556

Ed Boks, Edward Boks faked an official LA City press release. He tried to get a job as shelter director in Bellingham, Washington after he was fired from Los Angeles. One of them was wise enough to Google his name and saw my lawsuit against him which I won. They asked him to explain. He then said my lawsuit was "frivolous." He then gave them this fake, forged, fraudulent press release dated the last day he was on the job. See the image below. They of course gave the press release to me.

Ed Boks, Edward Boks fakes an official LA City press release - fraud, forgery

The official press release which was released that day is on the left. See the LA Animal Services logo and the seal of the City of Los Angeles? See the phone number, address, weblink? Notice the one of the right is missing all of that. Also note the phone number is Ed Boks cell phone number. He wants you to verify his fake press release with him. His fake press release is 100% totally false! I went over every sentence and statement proving it was totally false in writing to the shelter. They did not hire Ed Boks. If Ed Boks and his wife Adele Langdon were not totally broke, I would have sued them. Alas they are penniless.

Ed Boks' stories get even more grandiose! He applied for a job with Yavapai Humane. He told them that HE got the $150,000,000 bond for new animal shelters in LA. I was on the Prop F Committee. He had NOTHING to do with this.

He said he designed, constructed, raised the $150,000,000 himself and opened them in 2006. The bond was promoted by Don Knapp the GM from over ten years earlier. He and many others including the fire department got it approved. Since then Jerry Greenwalt, Guerdon Stuckey worked on approving the plans and constructing the shelters. Ed Boks just happened to be on the job two weeks before the first shelter opened.

Ed Boks told Yavapai that he raised $150,000,000 for LA. He said if they hired him, he could raise millions for them. If he could, it would cover his salary. Makes sense? No, he of course lied. The board believed him and hired him even though others warned them.

Since then Ed Boks has done a shit job of again juggling animals, numbers, getting sued and losing. Now he has defamed me (thank god as the GM of Yavapai Humane) and they will have to pay again. They just lost a lawsuit against him recently."

Below is a cease and desist I had to send again to Yavapai Humane. Ed Boks posted the identical thing in his Facebook page. After I sent the first cease they forced Ed Boks to remove it. Then he just posted it again. Ed Boks faked an LA City press release. How pathological can one get?

From: Mary Cummins <mm*****@aol.com>

Date: May 11, 2014 1:55:30 PM PDT

To: rmurray@yavapaihumane.org, ldarling@yavapaihumane.org, donate@yavapaihumane.org,vmcbrady@yavapaihumane.org, mstucker@yavapaihumane.org, jcoleman@yavapaihumane.org,volunteer@yavapaihumane.org, jobs@yavapaihumane.org

Subject: Second Cease and Desist Ed Boks Yavapai Humane Society

Ed Boks posting as the GM of Yavapai Humane has again defamed and libeled me. He posted his forged and faked City press release again. Below is an image capture of the post he made yesterday.

You will see that it the same fake, forged City press release he previously made. He forged a City document. The City told me in writing they did not write that. They did not post that. That is not their letterhead or phone number. They had already FIRED Boks. He wrote this forged release the last day he was on the job before they booted him out the door. The below link proves this.

In fact Boks threatened to sue the City if they did not state "Boks is done with his work here. Thanks." He hired his own lawyer in those proceedings. Boks wanted me to sign a gag order but I refused.

Ed Boks is posting even worse items about me on Facebook calling me a criminal who commits animal cruelty. What he posted is completely untrue.

Farther below is this older email I sent to you which discusses my case. I sued for sexual harassment. As soon as the City saw all of his drunk, revolting, inappropriate emails and his written admissions of guilt, they offered to settle and they did. I got $130,000.

Please, force your GM to remove his libelous post. He is posting as the GM of Yavapai. If not, I will have to file a complaint. All of my Facebook friends emailed me what he posted. Thanks.

Mary Cummins

Animal Advocates"

I found a copy of my first cease and desist. He really makes up some huge lies. Ed Boks currently is friends with and supports people who commit animal cruelty.

http://www.animaladvocates.us/Second%20Cease%20and%20Desist%20Ed%20Boks%20Yavapai%20Humane%20Society.pdf

Here are some of Edward Boks' lawsuits just in Los Angeles County. It appears Ed Boks and the city of LA were sued for a car accident caused by Ed Boks. Looks like they lost. The restraining order was from Cherylynn Costner an animal rescuer against Ed Boks.

BOKS EDWARD A.(GENERAL MGR. OF ANIMAL	Writ - Administrative Mandamus (Unlimited)	03/12/2009	Governor George Deukmejian Courthouse
BOKS EDWARD A.	Writ - Administrative Mandamus (Unlimited)	04/18/2008	Stanley Mosk Courthouse	3
BOKS EDWARD ALBERT	AUTO (Limited)	01/29/2008	Stanley Mosk Courthouse
BOKS EDWARD	Wrongful Termination (Unlimited)	07/20/2007	Stanley Mosk Courthouse	42
BOKS EDWARD	Writ - Administrative Mandamus (Unlimited)	11/20/2006	Santa Monica Courthouse
BOKS EDWARD	Injunct Relief-not Dom/Harrassmt (Unlimited)	11/25/2008	Stanley Mosk Courthouse	19
BOKS EDWARD	Writ - Administrative Mandamus (Unlimited)	12/23/2008	Stanley Mosk Courthouse	14
BOKS EDWARD	Civil Harassment (Unlimited)	11/25/2008	Stanley Mosk Courthouse

Here is the auto accident case. Ed Boks used to get drunk and drive the city car drunk. This was also right before he was fired.

Case Number: 08K02099
MORALES, HECTOR VS BOKS, EDWARD ALBERT

Court: Stanley Mosk Courthouse
Filing Date: 01/29/2008
Case Type: AUTO (Limited Jurisdiction)
Status: Disposed

Future Hearings

None
History Information

Parties
Plaintiff: MORALES HECTOR
Attorney: LAW OFFICES OF JOHN C YE & ASSOC

Defendant: BOKS EDWARD ALBERT
Attorney: ROCKARD J DELGADILLO CITY ATTORNEY

Defendant: CITY OF LOS ANGELES
Attorney: ROCKARD J DELGADILLO CITY ATTORNEY

More lawsuits in Arizona

J-0303-TR-20000029	EDWARD ALBERT BOKS	DEFENDANT	08/1951	SCOTTSDALE, AZ 85257	Fredonia Justice
M-1347-TR-20161494	EDWARD ALBERT BOKS	DEFENDANT	08/1951	PRESCOTT, AZ 86301	Prescott Valley Municipal

Ed Boks DUI in Arizona

http://animaladvocatesmarycummins.blogspot.com/2015/06/ed-boks-edward-boks-edward-albert-boks.html

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

Saturday, June 25, 2016

Los Angeles will not trap, kill coyotes, suggests humane and more effective alternatives - Animal Advocates

Animal Advocates, coyote, canis latrans, Los Angeles, California, Mary Cummins

"Despite sometimes alarming reports of a growing coyote presence in pockets of the metropolis, Los Angeles animal services on Friday proposed little change in its approach to urban coyote management.

The revised coyote plan was requested by Los Angeles Councilman Joe Buscaino, whose district has been hard hit with coyote reports this year.

The 20-page document, which was posted online Friday by the city’s Department of Animal Services, calls for more community education along with more city wildlife staff and warning signs and covered trash cans to be placed in affected city parks — but no trapping or removal of coyotes.

It will be discussed at 9 a.m. Wednesday at a special meeting of the Personnel and Animal Welfare Committee in downtown Los Angeles."

RESISTS TRAPPING TREND

Our website shows you how to exclude and deter coyotes

http://www.animaladvocates.us/coyote.htm

Click to continue article

http://www.dailybreeze.com/environment-and-nature/20160624/la-city-animal-services-recommends-education-no-trapping-in-revised-coyote-plan

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.

Mary Cummins

Monday, May 9, 2016

Marcy Winograd wins appeal in freedom of speech case in Santa Monica, California - Animal Advocates

Marcy Winograd wins appeal in Freedom of Speech lawsuit, Tawni Angel, Tawnis Ponies and Petting Zoo, pony rides, animal cruelty, los angeles, california, b261707, sc123378, Donald Chomiak, Jason Nestor,

UPDATE: Tawni Angel filed petition to rehear and was denied May 19, 2016. Marcy Winograd filed motion to publish the opinion.

Santa Monica animal activist Marcy Winograd just won her appeal in an animal cruelty freedom of speech case. Marcy Winograd had filed reports against Tawni Angel and her company Tawnis Ponies and Petting Zoo. Winograd stated that Tawni Angel's ponies were not receiving proper care. Winograd started a campaign asking the city to not renew Tawni Angel's lease at the Santa Monica Farmers Market. The City of Santa Monica did indeed end the lease and the pony rides.

Marcy Winograd should have easily won this case after filing an anti-SLAPP motion in Santa Monica court. Judge Lisa Hart-Cole dismissed the other defendant from the case and other causes of action yet allowed two causes to remain i.e., libel per se and intentional interference with prospective economic advantage.

In review Justice Sanjay Kumar who wrote the opinion stated that Winograd's statements were protected by legislative privilege. Winograd made these statements while petitioning the city to end the pony rides on city property. The statements were therefore not defamatory.

This case once again shows that you cannot silence freedom of speech with defamation lawsuits. People are allowed to report others to authorities. People are allowed to petition against businesses they feel are cruel to animals. Let this case be a lesson to others who are thinking of suing someone for defamation for merely exercising their freedom of speech.

Animal Advocates has written previous articles about this case and the pony rides.

Animal Advocates supports petition to end the pony rides

http://animaladvocatesmarycummins.blogspot.com/2015/01/help-stop-inhumane-carousel-pony-rides.html

More information about Tawnis Pony Rides

https://marycummins.wordpress.com/2014/11/23/tawnis-ponies-and-petting-farm-tawni-angel-jason-nester-pony-ride-petting-zoo-santa-monica/

Marcy Winograd files appeal in anti-SLAPP case

http://animaladvocatesmarycummins.blogspot.com/2015/01/marcy-winograd-files-anti-slapp-motion.html

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

TAWNI J. ANGEL et al.,

Plaintiffs and Respondents,

MARCY WINOGRAD,

Defendant and Appellant.

B261707

(Los Angeles County

Super. Ct. No. SC123378)

APPEAL from an order of the Superior Court of Los Angeles County, Lisa Hart-Cole,Judge. Reversed.

Horvitz& Levy, Jeremy B. Rosen, and Felix Shafir, for Defendant and Appellant.

TalismanLaw, and Donald E. Chomiak, for Plaintiffs and Appellants.

Plaintiffs and respondents Tawni Angel, Jason Nestor, and Tawnis Ponies and Petting Farm, Inc. operated a pony ride and petty zoo at the Main Street Farmers’ Market in Santa Monica. Defendant and appellant Marcy Winograd opposed “animal attractions” and initiated a campaign to cause the City of Santa Monica to end plaintiffs’ participation at the farmers’ market. The campaign accused plaintiffs of animal cruelty in violation of the Penal Code and included protests at the farmers’ market, emails to City of Santa Monica officials, and articles posted on local media websites. The City of Santa Monica investigated defendant’s claims and found no evidence of animal cruelty. Defendant nevertheless continued her campaign. The Santa Monica City Council ultimately voted to explore activities to replace the pony ride and petting zoo at the expiration of the city’s contract with Tawnis Ponies andPetting Farm, Inc.

Claiming defendant’s statements about animal cruelty and other statements defendant made about them were false, plaintiffs brought an action against defendant asserting causes of action for libel per se, intentional interference with prospective economic advantage, intentional infliction of emotional distress, and injunctive relief. Defendant moved to strike plaintiffs’ complaint under the anti-SLAPP (Strategic Lawsuits Against Public Participation) statute—Codeof Civil Procedure section 425.16. The trial court granted the motion as to the intentional infliction of emotional distress and injunctive relief causes of action and denied it as to the libel per se and intentional interference with prospective economic advantage causes of action. Defendant appeals. Because defendant’s statements were privileged under the legislative privilege in Civil Code section 47,subdivision (b) (section 47(b)), we reverse the order denying defendant’s motion to strike the libel per se and intentional interference with prospective economic advantage causes of action.

Link to released opinion in pdf.

http://www.courts.ca.gov/opinions/nonpub/B261707.PDF

Link to appeal summary

http://appellatecases.courtinfo.ca.gov/search/case/disposition.cfm?dist=2&doc_id=2099378&doc_no=B261707

Below is one of the amicus briefs by Reporters Committee for Freedom of the Press

http://spj.org/pdf/news/winograd-amicus-brief.pdf

Animal Legal Defense Fund also wrote an amicus brief.
https://www.laprogressive.com/wp-content/uploads/2015/12/ALDF-Brief-Filed-Dec.-21-2015.pdf

Marcy Winograd's "Free The Pony" website.

http://www.freethepony.org/

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.

Mary Cummins

Wednesday, May 4, 2016

Refugio Oil Spill Response California Department Fish & Wildlife - Animal Advocates Wildlife Rehabilitation

Animal Advocates, Wildlife Rehabilitation, Refugio Oil Spill, California, Fish, Wildlife, Rescue

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

OFFICE OF SPILL PREVENTION AND RESPONSE
REFUGIO OIL SPILL RESPONSE EVALUATION REPORT
May 2016 Summary and Recommendations from the Office of Spill Prevention and Response

Wildlife Branch Report Only
(Prepared/Edited by Animal Advocates)

Birds	Marine Mammals

267 live and dead birds collected	162 live and dead marine mammals collected
46/65 live birds captured were released	24/63 live mammals captured were released
19 died in care	39 died in care
202 birds collected dead	99 collected dead
Most birds collected were brown pelicans, murres and pacific loons	Most marine mammals collected were California Sea Lions

Introduction

The purpose of this report is to summarize the California Department of Fish and Wildlife (CDFW) Office of Spill Prevention and Response’s (OSPR) response efforts to date regarding the Refugio Oil Spill, as well as lessons learned and recommendations for improvement. The information and recommendations provided in this report are based on OSPR’s internal evaluation of performance in those response functions for which OSPR had responsibility. Although winding down, the Refugio Oil Spill response is ongoing, specifically focusing on implementing the Phase III Maintenance and Monitoring Plan. Because OSPR has a primary role in carrying out this plan, Shoreline Cleanup and Assessment activities will not be covered in this version of this report, but will be added as an addendum at a later date following full demobilization and closing of the response. Additionally, this report does not cover any civil or criminal investigations which are outside the scope of managing an incident.

The CDFW has public trustee responsibility for protecting, managing, and restoring the State’s fish, wildlife, plants, and their habitats. During response to oil spills in state waters OSPR fulfills the trustee mandate as the designated State On-Scene Coordinator (SOSC) and represents the State in coordinated oil spill response efforts with the Federal government. As such, OSPR is one of the few State agencies in the nation that has both major pollution response authority and public trustee authority for wildlife and habitat.

The facts, information, and recommendations contained in this report are based upon information which is presently available through the response effort. Additional facts may be discovered or known which could otherwise be considered to modify content or recommendations contained in this report. Thus, CDFW/OSPR reserves the right to not be bound to the content of this report if additional information becomes known after the publication of this report.

The Refugio Oil Spill and Response

The Refugio Oil Spill occurred on May 19, 2015, due to the failure of an underground 24-inch pipeline (Line 901) near Highway 101 in Santa Barbara County. The responsible party (RP) was Plains Pipeline, L.P. (a subsidiary of Plains All-American Pipeline). The pipeline failure caused crude oil to be released onto land and then it flowed into the Pacific Ocean. As initial information on the potential spill was gathered, it quickly became apparent that the spill was a significant event and was continuing to grow. The RP initially estimated the amount of crude oil released at about 104,000 gallons, with 21,000 gallons reaching the ocean.

Within hours, based on recommendations from the California Office of Environmental Health Hazard Assessment, the CDFW issued a closure of fisheries. The following day, Governor Edmund G. Brown, Jr., declared a state of emergency for Santa Barbara County.

The pathway of the crude oil caused significant oiling to terrestrial areas before reaching the ocean at Refugio State Beach. A cliff face above the beach and the shoreline at Refugio State Beach was most heavily impacted. Other areas of the Santa Barbara and Ventura coast were also significantly affected. The crude oil that entered the ocean posed a significant risk to and injured marine wildlife, including invertebrates, fish, birds, and mammals. In addition to direct natural resource impacts, the closure of beaches and fisheries occurred days before the Memorial Day weekend resulting in losses for local businesses and lost opportunities for the public to visit and enjoy the shore and offshore areas. Some tar balls attributable to the Line 901 release were carried by southerly ocean currents and eventually reached some beaches in Los Angeles County.

Wildlife Branch

Objectives & Responsibilities

Wildlife is put at risk when oil is spilled into aquatic or terrestrial environments. Both federal and state statutes mandate protection, rescue, and rehabilitation of oiled wildlife. In California, OSPR and the Oiled Wildlife Care Network (OWCN; administered by the UC Davis Wildlife Health Center), work to provide the best achievable capture and care for impacted wildlife during oil spill response. This mission is met through providing reconnaissance for oil-impacted wildlife; assessing the need for and providing hazing of at-risk wildlife; recovering potentially oil-impacted live and dead wildlife; stabilizing, washing and rehabilitating impacted live wildlife; and documenting and managing disposition of dead potentially impacted wildlife.

Refugio Activities & Effort

In response to the Refugio incident, the Wildlife Branch Director (WBD; an OSPR staff scientist) activated the OWCN on May 19, 2015. This initial activation set in motion the activation of OWCN member organization staff, pre-trained volunteers, and facilities. On May 20, OSPR established the Wildlife Branch in the Operations Section at the Incident Command Post (ICP) and, with other Agency and OWCN Member Organization staff and volunteers, began recovering impacted wildlife. Wildlife Branch field operations were demobilized on June 24, based on oil fingerprinting results from samples taken from recovered animals.

Wildlife Reconnaissance

Baseline information on the status and distribution of wildlife was important in assessing at risk wildlife and developing appropriate response actions. While this information was available during spill response from the Environmental Unit of the Planning Section (Resources-at-Risk Specialist), variations from historic baseline conditions due to daily and seasonal movements of many animal species necessitated rapid, real-time reconnaissance of wildlife concentrations in the spill area. Real-time data were collected using aircraft and initial on-water/boat and onshore surveys. An OSPRcontracted team of U.C. Santa Cruz experts flew with a CDFW-piloted plane on May 21, 2015, to provide marine bird and mammal locations at-sea in relation to the spill. This data aided in planning where to send recovery teams, and determining whether and where specialized equipment was needed, e.g., specific kennel sizes or capture gear for specific species.

Reconnaissance also included managing over 1,000 phone calls from the public reporting over 300 sightings of oiled wildlife. The OWCN Oiled Wildlife Hotline (hotline) began receiving calls reporting oiled wildlife on day two of the spill. At this time, the hotline was transferred to OSPR phone operators who received information from concerned citizens on the location of oiled wildlife. Operators then transferred this information to Wildlife Branch staff at the ICP via email who then texted it to the Wildlife Recovery Group in the field.

The extent of coastline over which oiled wildlife was found was extensive. In past spills, shoreline reconnaissance has typically been covered by wildlife recovery teams from the shoreline. Post spill evaluation indicated that shoreline and/or boat reconnaissance teams could have been useful throughout the duration of this spill.

Wildlife Hazing

Wildlife hazing is intended to minimize injuries to wildlife by attempting to keep animals away from oil and/or cleanup operations. The need for hazing was assessed initially and throughout the Refugio incident and deemed not advantageous for onshore and nearshore birds and pinnipeds, and not practical far offshore for whales. The Hazing Group Supervisor made the recommendation to not haze via the WBD to the Unified Command. The recommendation was guided by site-specific and species-specific factors present at the time of the spill, and availability of proven hazing techniques.

Wildlife Recovery

Once animals became oiled, habitat-specific and species-specific strategies to recover and remove oiled live animals and all dead wildlife were required. Wildlife recovery teams – under separate bird and mammal operational groups – attempted to complete systematic surveys to collect affected wildlife, including at least one survey as early as safely possible after dawn. Successful captures not only depended on the condition of the target animals, but also on the training and experience of the Recovery teams, and techniques and equipment used. Concerned citizens began recovering oiled wildlife in the afternoon of day one of the spill in part due to lack of knowledge regarding wildlife response protocols (i.e., capture should only be done by qualified response personnel) and oil health and safety practices.

Bird recovery teams recovered 267 live and dead birds. Of the 65 live birds captured, 46 were released and 19 died in care. An additional 202 birds were collected dead. The primary species collected were Brown Pelicans, Common Murres, and Pacific Loons. Several oiled Snowy Plovers were observed at Coal Oil Point, but teams did not attempt capture due to a determination made by the U.S. Fish and Wildlife Service (USFWS) in consultation with the Wildlife Branch, that the risks of injury from capture outweighed the negative consequences of light oiling.

Mary Cummins, Animal Advocates, Los Angeles, California

Marine mammal recovery teams (composed primarily of members of the California Marine Mammal Stranding Network acting within the OWCN and in coordination with the NOAA National Marine Fisheries Service (NMFS) Marine Mammal Stranding Network Coordinator) responded to reports of live and dead oiled marine mammals. Teams followed national oiled pinniped guidelines, recently updated by NMFS following the Deepwater Horizon, to capture and recover marine mammals. For dead animals, recovery teams deployed to collect the animal, or (if the animal was too large to collect) field processing teams deployed to collect information/evidence from the carcass.

Due to a concurrent and on-going California Sea Lion Unusual Mortality Event (UME) and the use of the new national guidelines, additional staff and resources were needed to recover and process both live and dead marine mammals. Most facilities and local staff were already operating at capacity due to the UME. While the recovery teams that were initially deployed had limited supplies to support early bird operations, the unusual finding of large numbers of affected marine mammals presented a greater challenge for acquiring necessary equipment.

Teams recovered a total of 162 live and dead marine mammals. Of the 63 live mammals captured, 24 were released and 39 died in care. Ninety-nine mammals were recovered dead. The primary species collected was the California Sea Lion.

Animal Advocates, Mary Cummins, Los Angeles, California

Transportation

Transport of oiled wildlife from the field to the recovery/field stabilization area(s), and/or to the primary care facility was done as quickly and efficiently as possible. However, because most marine mammal facilities were above operational capacities due to the UME, the closest large-scale facility that could accept oiled pinnipeds was SeaWorld San Diego. Similarly, the closest large-scale primary care center for birds was the Los Angeles Oiled Bird Care & Education Center, located in San Pedro. The extensive shoreline area over which impacted wildlife were recovered, coupled with the long distance to primary care facilities and significant traffic congestion, presented transportation challenges throughout the response. When possible, animals were checked on periodically during transport, and if needed, provided hydration and nutrition.

Field Stabilization

The Field Stabilization Group provided initial care prior to transportation to the primary care facilities to increase survival. The OWCN mobile veterinary laboratory/animal care trailer (aka, MASH unit) was dispatched to the field for this purpose. In addition, smaller wildlife rehabilitation centers (Channel Islands Marine and Wildlife Institute and the Marine Mammal Care Center in Fort MacArthur for pinnipeds, and Santa Barbara Wildlife Care Network for birds) provided additional stabilization support.

Wildlife Care & Processing

The Wildlife Care & Processing Group utilized two Strike Teams – Wildlife Care and Wildlife Processing. The Wildlife Care Strike Team ensured that wildlife exposed to petroleum products received the best achievable care through veterinary services at 29 rehabilitation centers. The Wildlife Processing Strike Team ensured oiled animals were fully evaluated and that data were captured, so the UC could obtain oiled wildlife statistics used for a variety of purposes, such as response strategy development and media updates. Separate care and processing groups were formed for birds and mammals within the two separate primary care centers.

Recommendations

Both OSPR and OWCN hosted multiple “Refugio Incident Wildlife Hotwash” discussions to identify lessons learned among lead and key staff. The following describes significant lessons learned and recommended changes to improve spill response for oiled wildlife.

Wildlife Reconnaissance

· While the hotline was effective in receiving and transferring information for hundreds of calls, tracking the status of each animal was time consuming for responders in the field. In the future, data should be input to a “live spreadsheet” document that can be shared among key wildlife staff (e.g., operators, WBD, responders in the field). This system will provide data more efficiently to responders, and will aid operators in providing status updates to concerned citizens on animals they report.

· To address increased calls to the hotline as a result of public concern during spills and ready access via cell phones, as well as a request from OWCN for shoreline and/or on-water reconnaissance teams throughout the duration a large oil spill, OSPR should prepare to fill the role of Reconnaissance Group Supervisor in future wildlife responses and as appropriate in drills.

Wildlife Recovery

· The OWCN will develop more comprehensive plans to ensure an on scene core staff Wildlife Recovery Group Supervisor and complete supply caches (either within the OWCN’s Sprinter van or pre-staged caches) are available on day one of a spill. Additionally, the OWCN will establish standards to cascade resources to a spill over defined time periods.

· The Refugio Incident was the first spill in recent California history to involve significant numbers of oiled and possibly impacted marine mammals. For example, during the Cosco Busan oil spill, one live oiled marine mammal was encountered, and five dead. As such, activated Recovery personnel had greater-than-normal operational taskings for the incident size. In the future, additional staff should be activated to ensure coverage is attained both for responding to public/responder sightings as well as systematic regional searches.

Wildlife Field Stabilization and Field Processing

· OWCN leads should ensure all OWCN personnel receive additional training on the National Oiled Marine Mammal Guidelines, and develop California-specific guidelines that help enact these Guidelines.

· For spills with anticipated wildlife impacts, a core staff Group Supervisor and the MASH unit (with equipment and supplies needed to support field stabilization and (if necessary) field processing) should be on scene within 24 hrs.

Wildlife Transportation

· Use of staff from OSRO’s as drivers for transportation of oiled wildlife was effective for providing dedicated personnel for this important task as well as trucks of sufficient size. In the future the WBD should consider the use of OSRO or other contract personnel/vehicles for transport, in particular when marine mammals are impacted. All transporters should be accompanied by a trained OWCN volunteer or staff who can ensure animals remain stable and can also direct communications with the facility and transportation coordinators to provide updates on estimated arrival times.

This report was prepared, edited by Animal Advocates wildlife rehabilitators located in Los Angeles, California. It is only the wildlife portion of the full report which is linked below.

Animal Advocates
645 W 9^th St #110-140
Los Angeles, CA 90015
www.AnimalAdvocates.us
info@AnimalAdvocates.us
www.facebook.com/AnimalAdvocatesUSA

https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=122847

Mary Cummins

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

Mary Cummins

Mary Cummins Wildlife Rehabilitation Animal Advocates News Los Angeles California

Mary Cummins Animal Advocates Los Angeles California Wildlife Rehabilitation Real Estate

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Wednesday, May 4, 2016

Refugio Oil Spill Response California Department Fish & Wildlife - Animal Advocates Wildlife Rehabilitation

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

Bears Follow their Noses, so You Should Follow these Tips