October 3, 2018
New York State Department of Environmental Conservation Alleged to be Working with Defendant Still On The Run With Stolen Property
Walworth, NY - Since almost the inception of the conflict betweenCaring For Cottontails Wildlife Rescue & Rehabilitation, Inc. and the NYSDEC about 3 years ago, there have been a plethora of attempts to work with the NYSDEC in addressing misconduct of particular staff members in both the Special Licenses Unit and the Division of Law Enforcement. Requesting assistance from multiple individuals in positions of authority and influence to help at least bring attention to the problem of the misconduct have been made to no avail. The level of apathy of the Department regarding the subject of such serious misconduct is especially disturbing.
Caring For Cottontails is now ready to pursue a resolution through the courts. There will be a suit filed against several members of the NYSDEC who have engaged in unethical behavior and activities, some of which may be illegal. One of the most offensive and egregious violations committed by DEC staff has been the creation of conditions for our sanctuary to get our animals back from out of state, even though counsel for the Department has acknowledged the fact thatCaring For Cottontails has valid licensing. Ironically, conditions the Special Licenses Unit are holding over Caring for Cottontails have not been required of any other licensee in the past. In fact, the NYSDEC didn't impose the same conditions on the person who still illegally possesses the animals when he possessed the animals while still in New York State. The suit will be filed within the next month and will denote one of the few serious attempts at making such a backward agency, the NYSDEC, finally accountable for the malicious actions of their staff against private owners of exotic animals.
The lawsuit will recount the efforts of an agency so obsessed with controlling every single activity of every private individual that it will easily serve as a perfect example why licensing animals in the state and nation should be obsolete. State and federal governments use licensing in order to control and overstep their legal boundaries on what they can and cannot do. There has been more laws and regulations violated by authorities targetting licensed individuals performing legal activities on private property than the investigation and resolution of activities of people involved in illegal operations like the black market transfer, possession and sale of exotic and wild animals. Agencies like the NYSDEC further break the law by legislating their own laws and regulations which, in turn, egregiously violate the rights of individuals while allowing their favorite licensees unchecked violation of the same laws and regs, so long as it is against the agency's targets. New York State is a sadly conspicuous example of how excessive regulation improves no condition for any animal or human. In fact, it leads to nothing but anarchy.
September 25, 2018
New York State Supreme Court Justice Gives Ruling Demanding Return of Exotic Animals Stolen by Fragile Planet Wildlife Center's Tyler Thomas & Nicholas Stacey
Watertown, NY - On August 13, 2018, Judge McClusky of the NYS Supreme Court of Jefferson County issued a ruling from the bench that an exotic animal boarded at the facility of Tyler Thomas in Alexandria Bay, NY last year is to be returned to the rightful owner within two weeks of the date of the ruling, the deadline being August 27, 2018.
Unfortunately, Thomas and his attorney chose to remain non-compliant with the law and continue playing their games. In a letter attached to an untimely written proposed order, dated August 30, 2018, Thomas' attorney stated the latest excuse as to why the animals won't be returned to Ms. Leo, the rightful owner.
Allegedly, the animal was transferred to a zoo and supposedly died in the exact same manner and time frame as another one of Leo's animals supposedly did last year when a law enforcement officer confronted Thomas about the missing animals. Clearly, these "deaths" are lies and will continue to be considered leads in the case that will be pursued.
Stating that all three of her boarded animals are either dead or "stolen", Thomas has continually evaded the law while making his own and acting with the belief he has the right to take property from another and follow his own set of rules in life.
Ms. Leo isn't the only one who has had this happen to her when associating with Thomas and Stacey via loan and boarding agreements. It is believed Fragile Planet Wildlife Center still has or has sold, loaned or donated at least two other animals belonging to another licensed individual who entered into a loan agreement with him and never received their animals back. There is possibly one other party as well in the recent past, who the prosecution is urging to come forward in seeking reparations from Thomas for at least one of her/his animals being sold by Thomas to a third party while the animal was boarded at Thomas' New York facility for a loan arrangement. There are currently two active investigations that have been opened by the USDA-APHIS concerning Thomas' dealings with the fisher and the badger. Because of Thomas' collusion with his friends in the law enforcement and special licenses units of the New York State Department of Environmental Consevation, the state refuses to investigate him, although violations of state and federal law continue to mount the longer he fails to cooperate with the Court.
On October 18, 2018, the date of the next appearance, Leo will be demanding incarceration and fines charged to Thomas until her animals are returned. Thinking he is above the law, it is believed that incarceration will be the only thing that gets through to Thomas that his actions are extremely detrimental to the rights of other exotic animal owners. In fact, they are indicative of black market activity which is precisely what state and federal licenses for wild and exotic animals were created to prevent. Unfortunately, authorities, especially the NYSDEC, tend to let more serious crimes such as black marketing animals, continue unabated even when sent overwhelming pieces of evidence. Unfortunately previous resources are wasted as officers spend their time energy trying to build cases against those who engage in lawful activities. It all has to do with who you are, not what you are doing that matters to the state of New York, at least in this situation. In attempting to work with the Department, Leo has experienced nothing but apathy, C.Y.A. and excessive secrecy as the DEC remains the least transparent of Departments in our state and possibly in the country. She, in fact, has been denied FOIL requested records identical to the type the defendant received from the Special Licenses Unit. Upon appeal, Leo received the records but it took over a year whereas the Defendant was catered to by Joe Therrien, Director of the Special Licenses Unit, by suggesting he FOIL the plaintiff's licensing information, which would be a "quick process". Indeed, it was; at least for the defendnat.
If you have any information pertaining to the whereabouts of a badger, fisher, and/or ranch fox previously possessed by Tyler Thomas and Nicholas Stacey of Fragile Planet Wildlife Center, please contact Carrie Leo immediately at 315.310.5376 (cell),
315.538.8316 (landline), or
If someone bought these animals from Thomas, they should be able to get their money back from suing Thomas by easily proving his violations of the law via records from the lawsuit still pending in New York State Supreme Court. If needed, Ms. Leo can help with acquiring such proof and writing an affidavit for any suits against Thomas and Stacey in order to mitigate financial damages, such as the purchase price, the person returning the animal may experience.
If anyone is experiencing any issues or treatment from the NYSDEC, especially the Special Licenses Unit and The Division of Law Enforcement (especially Regions 8 and 9), please contact our center at 315.310.5376. With all that we have been through, we may be able to help you.
Since November 2015, there has been considerable conflict between the NYSDEC and Caring For Cottontails. In its obsession to control the possession of every exotic and wild animal in the state as well as its main "unofficial" cause of the Special Licenses Unit and the Division of Law Enforcement (that being to end all private ownership of exotic animals), the DEC is hell-bent on destroying the community service our business offers and which has been built from hard work and unconditional dedication to our state's wild animals and habitats.
Caring For Cottontails is one business that will not roll over and play dead, even though we continue to be hit with one retaliative effort after another by Joe Therrien and Paul Stringer of the Special Licenses Unit, Lt. Powell of Region 8 Division of Law Enforcement and their "helpers". Throughout this ordeal, there has been substantial misconduct uncovered and there needs to be quite a few changes in an agency that seems to make a step backwards every year of its existence. Progress will be reported on the above page when it is available to post so if you are an exotic animal owner, you may just be happy at what you may read here as updates continue.
Please contact us if you are having problems with the aforementioned staff members and/or any member of the DEC Division of Law Enforcement.
U * P * D * A * T * E * S
NYSDEC Taking Swipes at Precious Endangered Species -
Not Just One, But Two Steps Backward
October 3, 2018:
NYSDEC Shows Their Favoritism For Hunters Again By Giving Extra Privileges In Exterminating Endangered Wildlife as well as a Proposal
TO APPROVE THE SALE OF IVORY AND RHINO HORN!
The following is taken ver batim from NYSDEC's website:
Part 182 - Endangered and Threatened Species of Fish and Wildlife; Species of Special Concern; Incidental Take Permits. DEC would clarify and simplify language in regard to the issuance of certain special licenses associated with the possession, sale and transport of endangered species and parts thereof; and
to add special provisions for licensing the sale and distribution of elephant and mammoth ivory and rhinoceros horn.
These changes are necessary to clarify when a license is required for possession or sale of certain articles containing endangered or threatened species and to update the regulations consistent with the recent addition of ECL 11-0535-a.
Where are the animal rights activists and their greedy exotic animal owner cohorts when you need 'em?
Please express to the NYSDEC how reprehensible their efforts are in ridding the world communities of more endangered species.
Contact: Joe Therrien, Director of the Special Licenses Unit
Comment period closed
Send comments and suggestions to:
Division of Fish and Wildlife
Albany, NY 12233-4752
or email comments and suggestions to Special Licenses
Also, in addition to sending comments or recommendations to the Department, please do not hesitate to transmit your views to the Administrative Regulations Review Commission (ARRC). ARRC is charged with the task of reviewing newly proposed regulations to examine the issues of compliance with legislative intent, impact on the economy, and impact on affected parties.
Administrative Regulations Review Commission
Albany, NY 12247
ARRC Telephone: 518-455-5091 or 518-455-2731
MORE STOPS ON NYSDEC'S ANTI-BREEDING AGENDA:
Part 151 - Propagation and Sale of Fur-Bearing Animals. DEC would update the current regulations to be consistent with Environmental Conservation Law (ECL) 11-1907 that provides for continued licensing of currently licensed individuals and a prohibition on the issuance of any new such licenses.
NYSDEC Looking to Expand the List of Species Regarded as "Dangerous Wildlife"
Proposed Changes to The Dangerous Wildlife Law featured in
Coyotes & CatTails Blog (coming soon)