Minnesota Department of Natural Resources (MNDNR) Bring River, Rikki and Todd back to DSWC

Minnesota Department of Natural Resources (MNDNR) Bring River, Rikki and Todd back to DSWC

The Issue

 Minnesota Department of Natural Resources (MNDNR) Return River, Rikki and Todd to Dark Star Wildlife Center! Issue us the proper permits to keep them, like you said you would. They are very important to our community and kids, in learning of nature and precious wildlife, show some compassion and let them come home, Dark Star Wildlife Center is a place where kids go wild! Learning of our precious wildlife and how Important they are to the future generation of our kid’s. Many parents cannot afford to take their kids to the zoo, or to state parks, camping or get them into nature and to see our native wildlife up close, to learn from them. Here at Dark Star we do not charge a fee. We believe all kids have the right to have fun in nature and see and learn from our native wildlife. And in getting our kids off the street and back in nature! The MNDNR stated through email that I could have the 3 animals, River Otter, Fox and Raccoon for education. They are all not releasable due to injury and could not survive in the wild.  We had them since they were all tiny orphaned baby's!  For 2 years MNDNR said through email and phone conversation, that I would be getting an educational permit for them.   Then turned everything upside down, MNDNR did not follow through. They lied and took the animals, Killed the bear cub. Then MNDNR had otter, fox and raccoon in there care for 2 months, After the 2 months they placed them in a zoo., in horrible condition. Broken bones and wounds. What happened to them in the 2 months the MNDNR had them? Animal cruelty!! Once they were in the zoo, the animals were beat up by other zoo animals, People now have to pay money to see them. As in all zoo’s the animals are put on display in glass cage to see for a fee. In our care they had huge outdoor enclosures and were very happy. Our area has nothing for kids to learn of animals and get closer in nature. At a kid’s view! We want the animals back. They were loved by all the kids and they are heartbroken that they cannot see them anymore. MNDNR GIVE THEM BACK!! Issue the proper permit like you promised!! MNDNR did a cruel act on our animals and took away a great opportunity in learning to our community of kids. Who all miss them as much as Dark Star does! Help us bring them home!! Please sign our petition! 

Press Release!

On January 30, 2015, the DNR decided to shut down licensed wildlife animal rehabilitator Jody Benolken’s  Dark Star Wildlife Center in Itasca County, Minnesota. The DNR has also threatened to seize the remaining otter, raccoon and fox.  The otter is named River.  The raccoon is named Ricki.  The fox is named Todd. Dark Star Wildlife Center is a wildlife rehabilitation center where injured animals are rehabilitated and released to the wild if possible.

The dispute between the DNR and Benolken began when Benolken applied for an education permit in January of 2013.  Under an education permit, non-releasable animals (animals that can not be returned to the wild) can be kept and used for educational purposes.  In the process of applying for the education permit, Benolken disclosed that the otter, raccoon and fox were non-releasable and that they would be ideal candidates for education because of their habituation. 

 The DNR did not complete the education licensing permit process despite Benolken’s urging.

Instead of issuing the education permit, the DNR is using the information Benolken provided in applying for an education permit to revoke Benolken’s wildlife animal rehabilitation permit.  So, if the DNR had issued the education permit like it was required to do, Benolken would have an animal rehabilitation permit, would have an education permit and would use the otter, raccoon and fox for education purposes.  With the DNR’s approach, Benolken will not have an animal rehabilitation permit, will not have an education permit and the otter, raccoon and fox will be gone.

 

In the attached January 27th  letter, Jody Benolken filed  for a contested case hearing against the DNR in the Office of Administrative Hearings.  The DNR responded on January 30th with the attached letter demanding that the 3 animals be turned over.

 

Attorney Erick Kaardal comments, “The DNR is not acting responsibly.  Benolken requested the education permit in January of 2013 to show the non-releasable otter, raccoon and fox for education purposes.  The DNR never issued the required permit.  Instead, the DNR took Benolken’s words from her application for the education permit and  found that she had purposefully habituated non-releasable wildlife animals.  But for the DNR’s failure to process Benolken’s application for the education permit, there would be no DNR threats of criminal violations and no problems for the Dark Star Wildlife Center.  The DNR is misusing its authority.” 

Dark Star Wildlife Center INC, Jody Benolken   Wildlife Rehabilitation  Permit # 16501 since  2007.

Dark Star Wildlife Center INC. is a  501 (3) c, volunteer run,

We started out as a refuge for sick and injured animals in Pengilly Minnesota, ''We have blossomed out in 2013 to form a wildlife/nature educational center for Kids,We offer wildlife education programs. Our goals have evolved into offering educational programs for kids. We emphasize educating children about the importance of wildlife , habitat preservation, wilderness awareness, and our ability to co-exist with native wildlife,

We have cared for hundreds of injured and orphaned wildlife and released many of them, for 8 years, In 2013 DSWC we had emailed the DNR asking for a wildlife educational permit, In waiting for our educational permit. and keeping the DNR informed through email of what presentations we were doing with kids, and our  educational animals River the otter, Rikki the Raccoon and Todd the fox,

 They were very young when we got them, River the otter was around 3 weeks old and brought to us by the local DNR, He was attacked by a dog, He still has scars and his leg has nerve damage to it, With all the hands on, He being our only otter, He became habituated, and bonded to me, I looked everywhere to try and find another otter for him to be with, No luck, He is not releasable,

Rikki raccoon was around 5 weeks old, He was very very sick his sibling died, He was only fed cows milk by the people who had him, Months of treating, He could not be with other raccoons as he was too week, He was horrified to be outside, When he got better, We decided he was not releasable,

Todd the fox came here at around 2-3 weeks old with a baby broken leg, It was broke in 2 places, He had 2 surgery's, He had to have a pin in it. The pin was on the outside of the leg, He could not be left alone in fear of the pin catching on something, After the pin was removed , The back foot did not heal right and goes outward, Some days he jumps runs, Other days he wakes up with a stiff leg, Fox need there back legs in good shape for jumping high and pouncing on there prey I was also told also that he could get arthritis in the his joints after a few years.

   Now river is almost 2, Rikki is going to be 3 and Todd is going to be 1, DSWC have made them educational animals , Because they could not be released.

 The DNR emailed and said it was ok to be doing the education, and they were working on our educational permit,  They did not issue our permit, even after allowing us to educate without the permit in hand,, We need your help to keep them!  To  let them stay at DSWC where they belong. Where the kids of our community have learned so much from them, And the never ending smiles on there face is priceless of when they see the animals, We need River, Rikki and Todd to stay here.  PLEASE SIGN OUR PETITION!

Here is our latest email from the DNR, They are now saying our education animals are rehabiltation, so they are to be put down,  Rehabilitation is a very hard work, When you put your all into it , Yes we get attached to them.  But know it is much better for them to be free, All three animals can not be released, We choose not to put them down, In the 2 years they have become part of our family, We love them so much,  They desrerve to live with us, Where they are happy, and continue to educate kids and put smiles on there face, The DNR has also  taken our bear  cub Skibo, The place she went to, does not allow us to see how she is doing, No pictures or updates. We are very concerned about her...

 

Cyr, Heidi (DNR) Jan 9 (3 days ago)   to me              

Hello Jody,

 

I would like to remind you that Minnesota Regulations Chapter 6244.0800, subd. 4 regarding the transfer of rehabilitated wildlife that cannot be released:

 

A.  When, in the judgment of the permittee, and on advice of the permittee's master class advisor or veterinarian consultant, an injured, sick, or orphaned animal is incapable of surviving if released to the wild, the animal must be:

(1)  humanely euthanized under the direction of the veterinarian consultant as described in item C;

(2)  turned over to the commissioner; or

(3)  transferred as directed by the commissioner.

 

As per the regulations, unless you are planning to euthanize any of the rehabilitation animals currently in your possession, they must be turned over to the MN DNR and any transfers of the rehabilitation animals currently in your possession must be approved by the MN DNR; therefore, the wild animals should not be transferred to any other party without prior written authorization. 

 

We cannot approve your requested transfer at this time.  I will contact you next week regarding your request and transfer information for the rehabilitation animals.  The animals should not be moved to any other facility prior to that written transfer authorization.  If you do not want to keep the animals until that time, I can arrange for pick up with a DNR Conservation Officer.

 

Thank you,

Heidi Cyr

 

This petition had 4,136 supporters

The Issue

 Minnesota Department of Natural Resources (MNDNR) Return River, Rikki and Todd to Dark Star Wildlife Center! Issue us the proper permits to keep them, like you said you would. They are very important to our community and kids, in learning of nature and precious wildlife, show some compassion and let them come home, Dark Star Wildlife Center is a place where kids go wild! Learning of our precious wildlife and how Important they are to the future generation of our kid’s. Many parents cannot afford to take their kids to the zoo, or to state parks, camping or get them into nature and to see our native wildlife up close, to learn from them. Here at Dark Star we do not charge a fee. We believe all kids have the right to have fun in nature and see and learn from our native wildlife. And in getting our kids off the street and back in nature! The MNDNR stated through email that I could have the 3 animals, River Otter, Fox and Raccoon for education. They are all not releasable due to injury and could not survive in the wild.  We had them since they were all tiny orphaned baby's!  For 2 years MNDNR said through email and phone conversation, that I would be getting an educational permit for them.   Then turned everything upside down, MNDNR did not follow through. They lied and took the animals, Killed the bear cub. Then MNDNR had otter, fox and raccoon in there care for 2 months, After the 2 months they placed them in a zoo., in horrible condition. Broken bones and wounds. What happened to them in the 2 months the MNDNR had them? Animal cruelty!! Once they were in the zoo, the animals were beat up by other zoo animals, People now have to pay money to see them. As in all zoo’s the animals are put on display in glass cage to see for a fee. In our care they had huge outdoor enclosures and were very happy. Our area has nothing for kids to learn of animals and get closer in nature. At a kid’s view! We want the animals back. They were loved by all the kids and they are heartbroken that they cannot see them anymore. MNDNR GIVE THEM BACK!! Issue the proper permit like you promised!! MNDNR did a cruel act on our animals and took away a great opportunity in learning to our community of kids. Who all miss them as much as Dark Star does! Help us bring them home!! Please sign our petition! 

Press Release!

On January 30, 2015, the DNR decided to shut down licensed wildlife animal rehabilitator Jody Benolken’s  Dark Star Wildlife Center in Itasca County, Minnesota. The DNR has also threatened to seize the remaining otter, raccoon and fox.  The otter is named River.  The raccoon is named Ricki.  The fox is named Todd. Dark Star Wildlife Center is a wildlife rehabilitation center where injured animals are rehabilitated and released to the wild if possible.

The dispute between the DNR and Benolken began when Benolken applied for an education permit in January of 2013.  Under an education permit, non-releasable animals (animals that can not be returned to the wild) can be kept and used for educational purposes.  In the process of applying for the education permit, Benolken disclosed that the otter, raccoon and fox were non-releasable and that they would be ideal candidates for education because of their habituation. 

 The DNR did not complete the education licensing permit process despite Benolken’s urging.

Instead of issuing the education permit, the DNR is using the information Benolken provided in applying for an education permit to revoke Benolken’s wildlife animal rehabilitation permit.  So, if the DNR had issued the education permit like it was required to do, Benolken would have an animal rehabilitation permit, would have an education permit and would use the otter, raccoon and fox for education purposes.  With the DNR’s approach, Benolken will not have an animal rehabilitation permit, will not have an education permit and the otter, raccoon and fox will be gone.

 

In the attached January 27th  letter, Jody Benolken filed  for a contested case hearing against the DNR in the Office of Administrative Hearings.  The DNR responded on January 30th with the attached letter demanding that the 3 animals be turned over.

 

Attorney Erick Kaardal comments, “The DNR is not acting responsibly.  Benolken requested the education permit in January of 2013 to show the non-releasable otter, raccoon and fox for education purposes.  The DNR never issued the required permit.  Instead, the DNR took Benolken’s words from her application for the education permit and  found that she had purposefully habituated non-releasable wildlife animals.  But for the DNR’s failure to process Benolken’s application for the education permit, there would be no DNR threats of criminal violations and no problems for the Dark Star Wildlife Center.  The DNR is misusing its authority.” 

Dark Star Wildlife Center INC, Jody Benolken   Wildlife Rehabilitation  Permit # 16501 since  2007.

Dark Star Wildlife Center INC. is a  501 (3) c, volunteer run,

We started out as a refuge for sick and injured animals in Pengilly Minnesota, ''We have blossomed out in 2013 to form a wildlife/nature educational center for Kids,We offer wildlife education programs. Our goals have evolved into offering educational programs for kids. We emphasize educating children about the importance of wildlife , habitat preservation, wilderness awareness, and our ability to co-exist with native wildlife,

We have cared for hundreds of injured and orphaned wildlife and released many of them, for 8 years, In 2013 DSWC we had emailed the DNR asking for a wildlife educational permit, In waiting for our educational permit. and keeping the DNR informed through email of what presentations we were doing with kids, and our  educational animals River the otter, Rikki the Raccoon and Todd the fox,

 They were very young when we got them, River the otter was around 3 weeks old and brought to us by the local DNR, He was attacked by a dog, He still has scars and his leg has nerve damage to it, With all the hands on, He being our only otter, He became habituated, and bonded to me, I looked everywhere to try and find another otter for him to be with, No luck, He is not releasable,

Rikki raccoon was around 5 weeks old, He was very very sick his sibling died, He was only fed cows milk by the people who had him, Months of treating, He could not be with other raccoons as he was too week, He was horrified to be outside, When he got better, We decided he was not releasable,

Todd the fox came here at around 2-3 weeks old with a baby broken leg, It was broke in 2 places, He had 2 surgery's, He had to have a pin in it. The pin was on the outside of the leg, He could not be left alone in fear of the pin catching on something, After the pin was removed , The back foot did not heal right and goes outward, Some days he jumps runs, Other days he wakes up with a stiff leg, Fox need there back legs in good shape for jumping high and pouncing on there prey I was also told also that he could get arthritis in the his joints after a few years.

   Now river is almost 2, Rikki is going to be 3 and Todd is going to be 1, DSWC have made them educational animals , Because they could not be released.

 The DNR emailed and said it was ok to be doing the education, and they were working on our educational permit,  They did not issue our permit, even after allowing us to educate without the permit in hand,, We need your help to keep them!  To  let them stay at DSWC where they belong. Where the kids of our community have learned so much from them, And the never ending smiles on there face is priceless of when they see the animals, We need River, Rikki and Todd to stay here.  PLEASE SIGN OUR PETITION!

Here is our latest email from the DNR, They are now saying our education animals are rehabiltation, so they are to be put down,  Rehabilitation is a very hard work, When you put your all into it , Yes we get attached to them.  But know it is much better for them to be free, All three animals can not be released, We choose not to put them down, In the 2 years they have become part of our family, We love them so much,  They desrerve to live with us, Where they are happy, and continue to educate kids and put smiles on there face, The DNR has also  taken our bear  cub Skibo, The place she went to, does not allow us to see how she is doing, No pictures or updates. We are very concerned about her...

 

Cyr, Heidi (DNR) Jan 9 (3 days ago)   to me              

Hello Jody,

 

I would like to remind you that Minnesota Regulations Chapter 6244.0800, subd. 4 regarding the transfer of rehabilitated wildlife that cannot be released:

 

A.  When, in the judgment of the permittee, and on advice of the permittee's master class advisor or veterinarian consultant, an injured, sick, or orphaned animal is incapable of surviving if released to the wild, the animal must be:

(1)  humanely euthanized under the direction of the veterinarian consultant as described in item C;

(2)  turned over to the commissioner; or

(3)  transferred as directed by the commissioner.

 

As per the regulations, unless you are planning to euthanize any of the rehabilitation animals currently in your possession, they must be turned over to the MN DNR and any transfers of the rehabilitation animals currently in your possession must be approved by the MN DNR; therefore, the wild animals should not be transferred to any other party without prior written authorization. 

 

We cannot approve your requested transfer at this time.  I will contact you next week regarding your request and transfer information for the rehabilitation animals.  The animals should not be moved to any other facility prior to that written transfer authorization.  If you do not want to keep the animals until that time, I can arrange for pick up with a DNR Conservation Officer.

 

Thank you,

Heidi Cyr

 

The Decision Makers

Former State House of Representatives
2 Members
Brian Johnson
Former State House of Representatives - Minnesota-32A
Laurie Halverson
Former State House of Representatives - Minnesota-51B
Betty McCollum
Former US House of Representatives - Minnesota-4
Amy Klobuchar
U.S. Senate - Minnesota
Barbara Goodwin
Former State Senate - Minnesota-41

Petition Updates