STATE OF MAINE DEPARTMENT OF INLAND FISHERIES AND WILDLI FE MA INE W A R D E N SERVICE IiVVBS TIGA TIOiVS Re ortof I nvesti ation Case Name: Bob and Julie Miner DBA DEW Animal Kingdom Case Number: BI9815 Nature of Investigation: Wildlife Exhibitor Permit Inspections Date of Report: September 24, 1998 REPORT OF INVESTIGATION REGARDING SUB JKCT OF INVESTIGATION BOB A ND JULIE MINER DBA DKW AN IM AL IGNG D O M : An administrative inspection of the premises of Bob and Julie Miner, DBA DEW Animal Kingdom, was performed on August 3, 1998, by Wdn. Inv. Philip Dugas accompanied by Maine Department of Agriculture District Humane Agent Tom Eddy and Maine Department of Inland Fisheries and Wildlife Asst. Regional Wildlife Biologist Keel Kemper. The inspection found three violations of 12 M.R.S.A., Section 7371, subsection 3, Engaging in an activity that requires a license or a permit and fails to have that license or permit. The Minor's were in the possession of two black bears and a crested macaque that they imported fiom New Hampshire into Maine and did not have a permit to import said animals into Maine. The Minor's admitted to the violations. The inspection also revealed many violations of 12 M.R.S.A., Section 7036, subsection 1, Violation of the Commissioner's Rules, specifically Chapter 7., Regulations for Keeping Wild Animals in Captivity. A Search Warrant was obtained to return to the DEW Animal Kingdom facility and perform a thorough inspection of the facility and to document, photograph, and video the facility in order to attempt to facilitate compliance with the regulations for keeping wild animals in captivity. The warrant was executed on September 22, 1998, at approximately 10:45 p.m., lasting for about 3 hours. Persoiuiel executing the warrant included Wdn. Inv. Philip Dugas, Wdn. Sgt. Jolm Blagdon, and Wildlife Biology Specialist Al Starr. REPORT OF WI L D L I FE EXHIBITOR INSPECTION SEPTEMBER 22 1998: Utilizing a Search Warrant, dated September 14, 1998, and signed by Judge Perry, a search was made of the DEW Animal Kingdom facility, located on Rte. 41 in Mount Vernon, Maine on September 22, 1998. The operator's of the facility and the holder's of Maine Department of Inland Fisheries and Wildlife 1998l9 Wildlife Exhibitor's Petmit,'Bob and Julie Miner, were present duiing the search. The following report of the facility is on record: 1.) Th e Minor's are exhibiting 4 wallabys, 3 female and I male. The enclosure measures 7' 2" high by 64' 8" long by 24' 2" wide. The enclosure is made up of the facility perimeter fence which in this location is 7' 2" high and on the interior portion of the enclosure the fence is 4' high. The Department specifications for wallabys (small) is that the fence be a minimum of 6' high. (1) There is no constant supply of potable water in this enclosure. (2) The water bucket did not have enough water to adequately water the animals in the enclosure which included fowl of varying description. (3) This pen also contained a whitetail deer fawn that had been injured and was at the facility for rehabilitation purposes. 2.) Mun t jac deer, two enclosures. A.) The front pen for the muntjacs houses a male and female deer. This enclosure measured 12'10" wide by 5' 6" high by 27' 6" long. The Depaitment has no rules for the enclosure requirements for muntjac deer or any other deer, kept in captivity. Water in the pen was old and the receptacle was dirty. (4) B.) The back pen contains a male and female deer and measures 27' long by 4' high and 17' 7" wide. Water dish dirty and the water contained was old and dirty. (5) A doghouse is utilized for shelter and it is full of feces and urine. (6) 3.) Ba dger, one badger is housed in a pen 11' 6" wide by 19' long by 5' 4" high. The water in the pen was dirty and had not been changed for some time. (7) 4.) A bl ack bear is being exhibited and contained in a cage 21" wide by 11' 9" high by 9' 10" long. The cage contained a tub with old ditty water. (8) This bear was obtained fiom an animal dealer in New Hampshire and was imported into Maine without an importation permit having been issued. (9) This bear also has been recently injured and has not been seen by a veterinarian or other trained personnel. (10) (11) It appeared that the bear may have broken its left front leg. The bear has no use of this limb and drags it on the grou'nd. 5.) Bob c ats, two male and female, in separate but connecting pens. Pens measure 10' 6" wide by 10' long and 8' high. The water in both pens was ditty and old. (12) (13) The back pen had no perch as required by Department rules.(14) 6.) M al e mountain lion is housed in an enclosure 21' 2" long by 9' 5" wide by 9' 10" high. Dirty water and feces in pen. Feces was more than a day old. (15) (16) 7.) Fem ale mountain lion, cage is 21' 2" long by 11' 3" wide by 9' 10" high. Water is inadequate and in a dirty receptacle. (17) (18) There is no provision for shade in this enclosure. (19) 8.) Tig er cub, male. Pen is 9' 10" wide by 8' high by 15' long. A water tub in the pen is filthy and contained dii+ water. (20) (21) 9.) Pea cocks are in a tun 7' 10" wide by 23' 7" long by 6' 2" high. The water is diidy. (22) 10.) Fe m ale lion cub is penned in a 12' 7" wide by 18' 9" long by 6' 3" high enclosure. There is no top on this pen and the lion cub is adjoining a pen full of goats. This pen also has a fallen tree over the side of the pen and is a mechanism for the lion cub to get out of the pen. There was no water in the enclosure. (23) (24) 11.) Th e Minor's exhibit 7 fallow deer 12.) Th e Minor's exhibit a Datmus crane that was obtained from Noah's Ark. 13.) Th e Minor's have in their possession a whitetail deer, male. 14.) B engal tiger pen is 9' 8" wide'by 20' l l" long by 8' 2' high. The roof of the pen is not attached to the fi arne of the pen in such a manner so as to prevent escape. (25) A bath tub contained 2" of dirty water for drinking purposes. (26) The pen contained no climbing or claw logs as required. (27) 15.) Th e Minor's have two African lions penned in common. The pen is 37' 5" long by 21' 6" wide and 10' high with 2' feet of barbed wire around the top. There is no roof on this cage so as to prevent escape. (28) There is no provision for shade in this pen. (29) 16.) T w o black leopards are penned in adjoining cages that measure 12' wide by 12' long by 8' high. The first cage had meat that was infected with maggots in the cage. (30) An excessive amount of feces was in the cage and there was no water. (31) (32) The second cage had little water for the leopard and both cages had barbed wire twists holding roof panels together and in such a manner so that the exposed ends of the barbed wire could cause injuiy to the cats. (33) The safety bander for the viewing public is close enough to the enclosure that a person could be in contact with one of the cats. (34) The second cage also had not been cleaned for quite some time. (35) 17.) G enunon had no water in its cage. (36) 18.) T h e Minor's are exhibiting a pair of binturongs 19.) Th e Minor's have a Snow macaque housed in a cage 6' high by 6' 4" wide by 12' long. There was no water in this enclosure. (37) / 20.) a c rested macaque is penned in an enclosure 10' 4" long by 6' high by 7' 8" wide. This animal was also imported from New Hampshire by the Minor's without having first obtaining an importation petmit. (38) The safety bander is too close to the cage. (39) 21.) A g i bbon is being housed at the DEW facility in a pen that measures 9' 3" long by 6' 5" wide and 6' 5" high. This cage does not meet the minimum specifications for caging of a gibbon. (40) 22.) Th e Minor's are exhibiting a hinge backed tortoise. There was no water in the enclosure as required by Department mle. (41) 23.) Th e Minor's have two species of wildlife living inside their residence. A lemur and a squirrel monkey. 24.) Th e Minor's stated that they were in the process of moving their facility to land they own in proximity to the current location. A black bear cub was in a cage at that location. This bear was also imported into Maine fiom New Hampshire without an impoixation permit, (42) OTHER OBSERVATIONS: There is no constant supply of potable water for drinking and other purposes at this facility. An appointment was made to visit the facility both in August and in September and on both occasions the drinking water and food dishes were diixy. Julie Miner stated that they picked up f'resh food everyday and stored it in large receptacles before feeding. Sgt. Blagdon and Biologist Starr both reported they had seen rats at the facility during our search. (43) Julie Miner stated that the wildlife received veterinaiy care fiom the Annabessacook Veterinary Clinic. On September 22, 1998, one of the black bears was obviously injured and the Minor's said that it had become lame about a week prior to September 22, 1998. They stated that no veterinary care had been sought for the animal. (44) Safety needs to be improved in some areas. The safety barriers in at least three locations are inadequate to prevent a person from being touched in some manner by the animals. The caging is inadequate for the Bengal tiger and for the lions. There are no signs advising the public to refiain &om annoying the animals as required by Department rules. (45) There is no written plan of action in the event of a disaster. (46) Many of the enclosures do not have adequate shelter for the animals to seek relief fiom the elements. The facility was markedly cleaner during this seamh than during the inspection of August 3, 1998. However, there was still many pens and enclosures that have feces and other debris that creates a pest problem as well as making the facility unsightly. The facility has obtained at least three animals from New Hampshire without first obtaining an importation peimit. The rules clearly state that all animals retained at a wildlife exhibit shall have been obtained in a lawful manner. (47) The Minor's have not labeled each cage or enclosure with the proper common name and the scientific name of each animal or animals therein confined, for the information of the public. (48) REPORT OF VIOLATI ONS NOTED AT SEPTEMBER 22 1998 SEARCH: l. Rule 7.07 B Marsupials and others 2. Small wallaby b. cage size 2. 3. Rule 7.01 A Rule 7.01 A Rule 7.05 D Rule 7.05 D Rule 7.05 A Rule 7.05 D 4 5. 6. 7. Rule 7.05 D 9. 10. 11. 12 M.R.S.A. Sec. 7371 sub 3 Rule 7.02 A 12. 13. Rule 7.05 D Rule 7.05 D Rule 7.07 B Carnivores and certain onmivores with similar requirement 3. Lesser cats c. Accessories Rule 7.05 D Rule 7.05 A Rule 7.05 D Rule 7.05 D 14. 15. 16. 17. 18, 19. 20. 21. 22. 23. 24. Rule 7.02 B Rule 7.04 B Rule 7.01 A Rule 7.05 D Rule 7.05 D Rule 7.03 A 25. 26. Rule 7,01 A Rule 7.03 A Rule 7.05 D 27. Rule 7.07 B Camivores and certain omnivores with similar requirements 28. 29. 30. 31. 32. 33. 34. 35. 1. African lions and Asian tigers c. Accessories Rule 7.03 A Rule 7.04 B Rule 7.05 A and D Rule 7.05 A Rule 7.01 A Rule 7.03 A Rule 7.03 B Rule 7.05 A Rule 7.01 A 36. VIOLATIONS CONT.: 37. 38. 39. 40. 41. Rule 7.01 A 12 M.R.S.A. Sec. 7371 sub 3 Rule 7.03 B Rule 7.07 B Apes 1. Gibbons b. cage size Rule 7.07 B Reptiles 9. Tortoises c. Accessories 43. 12 M.R.S.A. Sec. 7371 sub 3 Rule 7.05 C 44. Rule 7.02 A 45. Rule 7.03 C 46. Rule 7.03 E Rule 7.09 Rule 7.12 42. 47. 48. G E N E R A L C O N C L U SIONS AND REC O M M EN D A T IONS FOR RESOL U T IO N : DEW Animal Kingdom started as a roadside attraction with a badger and a few Jacob' s sheep and has evolved into a substantial facility with many more animals than the resources of the facility can handle. DEW Animal Kingdom has eleven large catnivores, eight of which could injure or kill a man. Two of these camivores, the two black bears are at the facility without the foreknowledge of the State and contrary to current statute. There are many small violations at this facility that taken collectively make for an untenable situation. The general condition of the facility improved between the administrative inspection of August 3, 1998, and the Search Wanant of September 22, 1998, however, the facility as a whole can still be described as deplorable. The following plan is offered as a resolution: 1. The injured black bear must receive veterinary care immediately. If the Minor's have not sought veterinaty care for the bear then the bear must be removed fiom the facility and taken to a veterinaiy for diagnosis and rehabilitation. This bear, should it remain at the DEW Animal Kingdom, must be immediately removed from public viewing. 2. The second bear that is currently located must be retunied to the facility and housed according to the Department's rules. 3. The Minor's DBA DEW Animal Kingdom should be charged with three violations of 12 M.R.S.A., Section 7371, subsection 3. Engaging in an activity that requires a license or a permit and fails to have that license or permit, specifically one count each of importing wildlife into Maine without the proper peimit, two bears and a crested macaque. The Minor's should be given a time definite to return the animals to New Hampshire or selling them to a duly licensed facility or individual. GEN E R A L CO N C L U SIONS AND REC O M M E N D A T IONS FOR RESO L U T ION CONT.: 4. The Minors should be given a time definite to bring their facility into compliance with the cun'ent statutes and rules periaining to the keeping of wildlife in captivity. In the interim no nansactions regarding selling, swapping, or obtaining any species should be allowed. 5. The Minors should be put on notice that failure to comply with the cun ent statutes and rules pertaining to the keeping of wildlife in captivity will result in an immediate filing of all appropriate State violations of Title 12 as well as any violations of the Animal Welfare Act., et. seq. with the goal of revoking any and all permits and licenses to possess any wildlife. INVESTIGATOR INFORMATION T H I S REPORT DATE: Philip Dugas, Game Warden Investigator Maine Warden Service 270 River Rd. Sidney, Maine 04330-9711 207-547-5310