A sanctuary may be asked to keep a matter confidential until a case is decided. In fact, PAWS currently is caring for big cats who were the subject of a major operation, with multiple sanctuaries lending assistance. For now, the specifics of their situation will remain confidential until the legal process is completed.
Bobcat Owen
In July 2020, we introduced bobcat Owen for the first time in our
newsletter – even though we had been caring for him for five years.
As we explained at the time, Owen had been in a “witness protection
program” of sorts after confiscation by authorities. PAWS agreed to
provide emergency placement for Owen, who was kept as a “pet” in
poor conditions in a state that forbids the private possession of
wild animals. It wasn’t until last year that we could officially
announce that PAWS is Owen’s forever home.
This is not the first time that PAWS has taken in a captive wild
animal who was the subject of legal action. This is an important
role that sanctuaries sometimes fill, enabling law enforcement
agencies to take steps that are necessary to protect captive
wildlife. Since our founding in 1984, PAWS has assisted in several
cases. In fact, our first rescue, a lioness named Elsa, was the
subject of a legal case. We have also worked to pass legislation to
protect captive wild animals. PAWS' first bill became law in 1985,
introducing humane standards for the care and handling of wildlife,
including making it illegal to keep a wild animal as a pet in
California.
Tiger Gracie was confiscated by authorities in 2000 and was the
subject of a legal action. She lived at PAWS' Galt sanctuary for 15
years before passing away in 2015 at the age of 21.
Placement of an animal in legal cases is considered to be temporary,
until the case is resolved. There is the real possibility that after
caring for an animal we may have to return them. (So far, that has
not happened.) No matter the outcome of a case, the sanctuary bears
the costs of transporting and providing shelter, food, and
veterinary care for the animal. A sanctuary may be asked to keep the
matter confidential until the case is decided. In fact, PAWS
currently is caring for big cats who were the subject of a major
operation, with multiple sanctuaries lending assistance. For now,
the specifics of their situation will remain confidential until the
legal process is completed.
So how does an animal become the subject of a law enforcement action
and confiscation? An animal may be confiscated based on a particular
law, such as a prohibition on the private possession of wild animals
or illegal import of an animal into a state. Other cases may involve
abuse, deprivation, unrelieved suffering, or potential for imminent
great harm or death. Legal actions can be initiated by local police
and sheriff’s departments, state fish and wildlife agencies, or
federal agencies – and in some cases a combination of agencies.
The U.S. Department of Agriculture (USDA) is charged with
enforcement of the federal Animal Welfare Act (AWA) and can initiate
action to confiscate an animal in distress – although this rarely
happens, even when an exhibitor repeatedly violates the very minimal
standards of care required under the Act. Unfortunately, AWA
regulations are not enough to truly protect animals, often allowing
them to languish and even die in poor conditions. When the USDA does
take action for suffering animals, the agency should be recognized
for doing its job and strongly urged to continue similar actions.
The U.S. Fish and Wildlife Service (FWS) can take action on behalf
of certain species, such as captive tigers and lions, protected
under the federal Endangered Species Act (ESA). It is illegal to
harm, harass, wound, or kill protected animals. The FWS can initiate
steps in situations that present a serious danger to an animal
including poor health, lack of veterinary care, improper diets that
cause disease, and unacceptable captive conditions. More often, it
is legal cases brought by the PETA Foundation under the ESA that
have succeeded in removing protected animals from dangerous captive
conditions and sending them to accredited sanctuaries.
Unfortunately, not all confiscations result in captive wild animals
being sent to a place that is good for them, despite the fact that
qualified sanctuaries are available to assist. State agencies may
send animals to the first licensed facility they can find or one
that calls itself a sanctuary but does not truly operate as one. (A
genuine sanctuary does not buy, sell, breed, trade, or exploit
animals for profit, including taking them off-site for so-called
“educational” presentations or allowing public contact with their
animals.) A confiscation may not happen at all because an agency is
unaware of a facility that can hold the animal. To help remedy these
problems, the Big Cat Sanctuary Alliance, of which PAWS is a
founding member, is reaching out to inform legal and law enforcement
entities that the group's member sanctuaries are available to help
with captive wild cat placements.
PAWS is proud to assist law enforcement agencies that step up to
take action for captive wild animals in need and protect them from
further harm. You may not hear about these animals for a while, like
Owen, but you can be sure that we provide them with the best of
care.