CADDNAR
Scudder v. DNR, 17 CADDNAR 3
Administrative Cause Number: 23-043D
Administrative Law Judge: Aaron Bonar
Petitioner: Pro se
Respondent Counsel: Rebecca McClain
Date: March 19, 2024
[EDITOR’S NOTE: The original format of the Administrative Law Judge’s Findings of Fact, Conclusions of Law, and Final Order has been modified to correspond with CADDNAR format. The Final Order has been relocated to the beginning of this document.]
FINAL ORDER
The denial of David L. Scudder’s wild animal possession permit application by the Department of Natural Resources was proper and is UPHELD. Scudder must turn over the raccoon to a licensed wildlife rehabilitator within 24 hours of receipt of this order if applicable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH FINAL ORDER
Procedural Background and Jurisdiction
1. On July 31, 2023, David L. Scudder (hereinafter Scudder) filed correspondence (hereinafter Petition) with the Natural Resources Commission (hereinafter Commission) alleging that the Indiana Department of Natural Resources (hereinafter Department) improperly denied Scudder a permit to house a wild raccoon. See Petition.
2. Scudder seeks to have the denial reversed and to be issued the permit. Id.
3. By filing his Petition, Scudder initiated a proceeding governed by Indiana Code 4-21.5-3, sometimes referred to as the Administrative Orders and Procedures Act (AOPA) and the administrative rules adopted by the Commission at 312 IAC 3-1 to assist with the implementation of AOPA. See IC 4-21.5-3-1, et seq.
4. Administrative Law Judge (ALJ) Aaron Bonar was appointed under IC 14-10-2-2 to conduct this proceeding and was assigned this case on August 1, 2023.
5. A telephonic prehearing conference was held on September 7, 2023. The parties agreed to hold an administrative hearing on this matter on November 29, 2023.
6. At the November 29, 2023 hearing, Scudder and counsel for the Department Rebecca McClain appeared in person at the Commission Hearing Room at the Indiana Government Center in Indianapolis, Indiana.
7. The following witnesses provided testimony at the administrative hearing: David L. Scudder and Linnea Petercheff.
8. Scudder did not offer any exhibits for admission into the record at the hearing.
9. The Department’s Exhibits 1 and 2 were admitted into the record by stipulation.
Findings of Fact
10. In early July 2023, law enforcement in Jackson County, Indiana found a dead adult raccoon and two living infant raccoons. The adult raccoon had been shot, orphaning the infant raccoons. See testimony of David L. Scudder (Scudder testimony).
11. Scudder has a background in law enforcement and his daughter is a dispatcher for the Jackson County, Indiana’s sheriff’s office. Scudder also has “some experience” rehabilitating wild animals, though he does not hold and has never held a valid wildlife animal rehabilitator license. See Scudder testimony.
12. Scudder’s daughter called him soon after the raccoons were discovered and asked him to come and take care of them. Scudder took possession of the infant raccoons shortly thereafter. See Scudder testimony.
13. One infant raccoon passed away in Scudder’s possession, though the death was not due to any neglect, inaction, or action by Scudder. See Scudder testimony.
14. Scudder still possesses the remaining raccoon and has “babied” it, essentially making it a domesticated family pet while nursing it back to health. See Scudder testimony.
15. On July 5, 2023, Scudder applied for a wild animal possession permit with the Department. Scudder’s intention was to obtain the license so he could legally retain possession of the raccoon. See Scudder testimony and Department’s Exhibit 2.
16. Linnea Petercheff is employed by the Department’s Division of Fish and Wildlife. She regularly reviews wild animal possession permit applications. See testimony of Linnea Petercheff (Petercheff testimony).
17. Petercheff denied Scudder’s permit application because the raccoon was not legally acquired by Scudder and the raccoon was not acquired from the wild within the legal timeframe of November of one year to January or the following year. See Petercheff testimony.
18. Scudder was made aware of this denial by a letter dated July 12, 2023. See Exhibit 1.
19. Petercheff also notified Scudder that an individual who takes an animal in from the wild must have a valid wildlife rehabilitation permit to take in and keep sick, injured, and/or orphaned wild animals, and the animals are required to be released back into the wild at a future date. Individuals who find orphaned animals are given 24 hours to take the animal to a permitted wildlife rehabilitator. See Petercheff testimony and Exhibit 1.
20. Scudder acknowledges the laws and regulations surrounding wild animal possession permits and that he did not legally obtain the infant raccoon as required under 312 Indiana Administrative Code (IAC) 9-11-7. Scudder acknowledges that he does not hold a valid wildlife rehabilitation permit. See Scudder testimony.
21. Scudder is asking for an exception to be made so he may keep possession of the infant raccoon as Scudder believes the infant raccoon “would not make it” or survive if released back into the wild. See Scudder testimony.
Conclusions of Law
22. The Department is granted the authority to issue wild animal possession permits and to issue rules regarding wild animal possession permits under Indiana Code 14-22-26-3.
23. The Department established rules regarding wild animal possession permits under 312 IAC 9-11.
24. Raccoons are considered wild animals under 312 IAC 9-11, specifically class II wild animals, and thus require a permit to legally possess. See 312 IAC 9-11-7.
25. Raccoons may only be lawfully taken from the wild from November of a given year to January of the following year unless otherwise legally acquired from a licensed breeder, rehabilitator, or other legal source. See 312 IAC 9-11-1.
26. Scudder did not provide proof that he had legally obtained the raccoon and acknowledged during the hearing that he had not legally obtained the raccoon.
27. Accordingly, the permit was properly denied by the Department. The ALJ and the Commission must abide by the statutes and administrative rules of the State of Indiana, which, in this matter, do not provide for exceptions to be made regarding the possession of wild animals.