Mary Cummins Wildlife Rehabilitation Animal Advocates News Los Angeles California

Tuesday, August 8, 2017

Why the USDA does not enforce the Animal Welfare Act regulations? Because they have no enforcement power - Animal Advocates

usda, awa, animal welfare act, enforce, violations, regulations

I'm a licensed wildlife rehabilitator and have a small wildlife sanctuary of unreleasable wildlife. I must have a USDA permit to keep these animals. The USDA inspectors told me they have no regulations on size of enclosures, enrichment, type of food...for raccoons, skunks, opossums or squirrels. They only state they must be "sufficient." That said California Fish & Wildlife does have specific regulations for each animal. Our enclosures, treatment are always superior to these minimum standards.

People have asked why the USDA does not go after people who violate AWA regulations. I asked my USDA inspectors who are all licensed veterinarians the same question. They have pets and love animals. They told me they have no enforcement power. If someone is a repeat violator, they will cancel their USDA permit. That is all they can do. They don't have the power to seize the animals, arrest the people or bring charges. They said if they take away the permit, the person will just operate without one with no oversight at all.

Now the California Department of Fish & Wildlife does have enforcement power in regard to wildlife. They can take away someone's permit. If they continue to operate without it, they've committed multiple felonies. They can seize all the animals, arrest the person and file charges against them.

That said someone should write, propose legislation to give the USDA enforcement power just like the Dept of Fish & Wildlife. All that said even with enforcement power the departments don't have the resources to seize and hold all those animals. They have to keep them as evidence until the case is settled or the owner agrees to give them the animals. These cases are long and drawn out.

The only time I've seen Fish & Wildlife take action is when a non-profit rescue has offered to care for the animals during litigation and agrees to take them if the owner or court allows it. That was the only way Fish & Wildlife went after Tiger Rescue. Fund for Animals took care of the tigers and eventually placed them all after the owner signed them over. This is the reason why Fish & Wildlife won't go after the Waystation who has been in violation for years and years.

The only success I've seen is the HSUS Humane Officers who can enforce animal control, animal cruelty, wildlife, regular police...regulations. They only go after cases where they have the resources to care for the animals. They just don't have the resources to help with all the cases.

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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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

Tuesday, August 1, 2017

Rowdy Girl Rescue loses lawsuits is sanctioned by Judge in Texas

This case is identical to my case except in my case they forged their exhibits and perjured their statements on top of this. Hopefully I will have the same result with my appeal

"A Harris County District Judge has ordered the owners of an Angleton animal sanctuary to pay nearly $29,000 in sanctions for filing a frivolous, harassing lawsuit against critics of the sanctuary who called the operation a "scam" on Facebook.

Renee King-Sonnen and her husband Tommy Sonnen, who run Rowdy Girl, described as a "vegan" farm animal sanctuary, were also ordered to pay nearly $29,000 in defendants' attorneys' fees. The couple had sued the critics in February for $1 million, accusing them conspiring for nearly two years to disparage the sanctuary's reputation. (Tommy Sonnen is also a sanctuary board member).

The critics — which included former volunteers and donors who questioned the nonprofit sanctuary's finances — raised questions on a Facebook page called The Real Rowdy Girl Revealed.

The defendants, which include Dallas child psychiatrist and former sanctuary donor Sujatha Ramakrishna, successfully sought to have the lawsuit dismissed with prejudice under the Texas anti-SLAPP statute, which is meant to safeguard against meritless defamation lawsuits.

In his lengthy reply, the critics' attorney, Adam Milasincic wrote, "There is no doubt what this lawsuit is designed to achieve — stopping the public debate about Rowdy Girl, and silencing critics who raise questions about Rowdy Gir's less-than-stellar fundraising and animal-welfare records."

A presiding judge agreed, ordering the plaintiffs on July 26 to pay $28,750 in sanctions, noting that "The Court considered lesser sanctions, but determined that [the amount] is necessary to achieve the [anti-SLAPP's] deterrent purpose. The Court concludes that, absent the sanction awarded, there is a material risk that Plaintiffs will continue to bring similarly unsuitable claims in the future."

http://www.houstonpress.com/news/judge-sanctions-vegan-animal-sanctuary-for-frivolous-lawsuit-9659025

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, July 17, 2017

NEVER use glue or sticky traps, #trapstik for insects, pests. They trap non-target birds, animals - Animal Advocates

trapstik, inhumane, cruel, traps non-target insects and animals, kills birds, animal advocates, los angeles, california, mary cummins, glue trap, visilure, Sterling Intl. TSW-BB6 TrapStik Wasp Trap

UPDATE: 07/24/2017 Just received this from Canadian environment enforcement.

"Good Monday morning Animal Advocates,

Please see below the response that our program staff provided concerning the Trapstik situation.

· Under the Migratory Birds Convention Act, 1994 (MBCA), the Government of Canada is responsible for ensuring that populations of migratory birds are protected and conserved.

· Environment and Climate Change Canada (ECCC) is responsible for developing and implementing programs, policies and regulations to ensure the protection of migratory birds, their eggs and their nests.

· ECCC monitors migratory bird status, protects high quality habitat, identifies species at risk, enforces conservation laws, and tracks success of species management activities.

· ECCC is aware of the reports of migratory bird deaths that allegedly occurred in Ontario as a result of wasp traps.

· ECCC officials are monitoring this matter.

· It is our understanding that the manufacturer announced on July 20, 2017 that it is asking retailers to remove the “TrapStik for Wasps” from shelves.

For your information, we also attached a link from the manufacturer, explaining that he is pulling the product from all stores : https://www.rescue.com/trapstik-for-wasps-to-be-pulled-from-stores

Hope this information is helpful.

Thank you and have an excellent day and week!"

UPDATE: GREAT NEWS! The company is pulling the product! Hopefully they can just put a cage around the trap so bats, birds, non-target wildlife don't get stuck on it.

https://www.facebook.com/rescuepestcontrol/posts/10154020096292706

"After careful consideration, we have decided to immediately stop selling the TrapStik for Wasps and are directing our retailers to remove this product from their shelves.

Earlier this week, a Canadian customer and her family discovered that the TrapStik in use outside their home had attracted a number of small birds who became stuck to its surface and died in the struggle to free themselves.

As an environmentally conscious company focused on providing effective, reliable and natural insect control solutions, we were deeply saddened to hear about this unfortunate situation. While it is a rare occurrence with this product, our corporate leaders immediately convened and made the difficult decision to pull TrapStik for Wasps from stores.

We are currently working on ways to make this product safer for use around wildlife while maintaining its efficacy at catching insects. Our product engineers are investigating improvements to the TrapStik design so that the aforementioned incident does not happen again. We will not re-introduce this product into the market until we can ensure its safety for birds and other wildlife.

Media Contact:

Stephanie Cates

Director of Marketing

RESCUE!® Pest Control Products

stephanie@rescue.com"

07/21/2017 US Fish & Wildlife Services got back to us about our complaint. This is their response,

"Dear Animal Advocates,

Thank you for your inquiry alerting us about the marketing of a product to trap wasps that traps migratory bird as well. The U.S. Fish and Wildlife Service's mission is, working with others, to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people.

Essentially all nesting birds native to the United States are protected under the Migratory Bird Treaty Act (MBTA). Therefore, unless specifically authorized by a permit, it is unlawful to pursue, hunt, take, capture, kill, possess, sell, barter, purchase, ship, export, or import any MBTA-listed species, or any part, nest, or egg of an MBTA-listed species.

This information will be forwarded to the appropriate law enforcement office for review. Please understand that the U.S. Fish and Wildlife Service, Office of Law Enforcement, only employs 238 special agents throughout the entire United States, who conduct law enforcement investigations that may include activities such as surveillance, undercover work, making arrests, and preparing cases for court.

That said, please continue to bring these matters to our attention. Additional information from concerned members of the public, such as yourself, can only help us in our efforts.

Thank you for your interest in our regulations that help protect fish, wildlife, and plants and their habitats. Please feel free to respond to this message with any further inquiries that you may have regarding this matter."

Response from Canadian Agency which enforces the Migratory Bird Treaty Act in Canada,

"Good afternoon Animal Advocates,

Thank you for contacting Environment and Climate change Canada's Public Inquiries Centre.

We acknowledge receipt of your email. Please note that our Canadian Wildlife Service staff are aware of this situation and are looking at ways to address it in the near future.

Thank you for your concerns."

UPDATE: 07/18/2017 The seven chickadees all died. They were alive when the woman's son found them. She should have taken them to a wildlife rehabilitator. At the very least she could have removed them herself following many online instructions.

The company admitted that birds can become stuck to the trap. They need to recall all of their related sticky traps. Chickadees are federally protected birds in Canada and the US. There is a fine and jail time for harming or killing them. We'll be reporting the company. We will have to include the name of the person who used the trap Jessie Wall, from Waterloo, Ontario, Canada. Below is one of the many articles which came out today about this incident. The birds are clearly alive in the photos.

http://www.cbc.ca/news/canada/toronto/trapstik-birds-dead-1.4209052

Here is a link to the Canadian enforcement arm for the Migratory Bird Treaty Act.

http://www.ec.gc.ca/nature/default.asp?lang=En&n=7CEBB77D-1

They look like Paridae Poecile atricapillus Black-capped Chickadee which are protected.

Below is the complaint we sent to ec.enviroinfo.ec@canada.ca,
fws_tips@fws.gov

Jessie Wall, from Waterloo, Ontario, Canada purchased a TrapStick wasp trap in Canada. The product is made by https://www.rescue.com/ Sterling International, Inc., 3808 N. Sullivan Road, Building 16, Spokane, WA 99216-1630, Toll-free: 1-800-666-6766. We are reporting the company to US officials as well.

Per the story, interview and photos in the link below seven Paridae Poecile atricapillus Black-capped Chickadees which are protected under the Migratory Bird Treaty Act were killed by the trap. A company representative in the interview stated that birds can become stuck to the trap.

http://www.cbc.ca/news/canada/toronto/trapstik-birds-dead-1.4209052

We want to report the company and person for illegal take of protected birds. The woman stated the birds were alive and fighting each other when she found them. She should have taken the birds to a licensed wildlife rehabilitator to remove them from the traps. Instead she let them die.

We want to report the company for selling a product which they know can kill protected birds. We'd like to ask you to not allow these traps to be sold in Canada and the US. They easily trap non-target protected wildlife when used according to the label. According to the many reviews online thousands of protected animals have been killed by proper use of the traps.

We are licensed wildlife rehabilitators. We've had to remove many animals from these sticky wasp traps and glue traps for rodents.

If there is a specific form we need to fill out and send, please, let us know. Thanks for protecting migratory birds in the US and Canada.

Animal Advocates

Phoenix Pike added 4 new photos.

11 hrs

My heart hurts.

😥 We bought a wasp trap from Real Canadian Superstore recently as we were noticing a lot of wasps in our backyard. We often have little children playing there so we thought that a trap would help. Sadly unbeknownst to us it trapped 7 tiny birds as well. It is SUPER sticky. We contacted the retailer but unfortunately they cannot remove the product or even post a warning for people. They have a commitment/contract with the distributor. They have noted it with their Head Office. Be warned.

The instructions on the product are faulty. You cannot put it anywhere. You can't allow non-target wildlife to access it. That makes the product unable to use outside. It attracts insects. Those insects get stuck on it and birds who eat insects get stuck on the trap. They made these traps too sticky. They should have used less sticky glue such as the ones on fly strips. Even then fly strips kill non-target animals. They sell this in the US at WalMart and many other stores.

Below are the instructions on the product.

"Protect your yard with the Sterling Intl. TSW-BB6 TrapStik Wasp Trap. This pest control accessory uses VisiLure technology to lure wasps, carpenter bees and mud daubers inside where they then become trapped. Trapstik for wasps can be placed anywhere outside in the garden, patio area, pool side or nearby a nest to help reduce populations.

Rescue Trapstik for Wasps:
Trap is odor-free
Pesticide-free
Catches queens and workers, from spring through fall
Adhesive holds up in hot weather
Can be placed near a nest to reduce populations, making it safer to spray
Directions:
Instructions: Trapstik for wasps can be placed anywhere outside in the garden, patio area, pool side or nearby a nest to help reduce populations."

Our previous article about the evils of glue traps. Also instructions on how to remove animals stuck in glue sticky traps.

Here is the company's website. https://www.rescue.com/

Sterling International, Inc.
3808 N. Sullivan Road, Building 16
Spokane, WA 99216-1630

Toll-free: 1-800-666-6766

Here are the instructions. It says don't place it anywhere where children, pets or birds can come in contact with it. That's ridiculous. You'd have to only place it indoors for birds not to be able to contact it. The company knows damn well it will attracts birds that eat insects outdoors.

https://www.rescue.com/core/files/rescue/products/87b9bb4a47ec7837eda10c7d1dd342d9.pdf

https://www.facebook.com/notes/animal-advocates/how-to-remove-an-animal-stuck-in-a-glue-trap-animal-advocates/10153595439528199/

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