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The Legal Animal

Judge rules that Tennessee Crow will stay with human “family”

August 22, 2006 : 12:00 AM
However, wildlife experts emphasize that wild animals should not be kept as pets, and injured wildlife should be immediately taken to a licensed rehabilitator.

Photo: Crows such as Jack are highly intelligent, and can reportedly live up to 60 years.

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Following a national outcry, a judge has ruled that Jack the Crow will be allowed to stay in his home of 27 years.

However, wildlife experts emphasize that the moral of the story is NOT that it is acceptable to take a wild animal into your home as a pet.

Jack received national attention after the Tennessee Wildlife Resource Agency cited elderly couple Jim and Barbara Gracy for keeping the crow without a license, and asked that the crow be seized.

A licensed wildlife rehabilitator, Jim Gracy saved Jack from being carried off by a pair of red-tailed hawks in 1979. Although the Gracys normally release rehabilitated animals back into the wild, Jack had permanent damage to his wing that left him unable to fly, so he became a fixture at their facility, living in a large cage.

“He’s like one of our children…all of our animals are like that,” Mr. Gracy told The Chattanoogan.

Jack reportedly learned to mimic the cry of several other animals, including peacocks, cats, chickens, and dogs, and spent much of his time riding on Jim Gracy’s shoulder.

However, the Gracys never acquired a license to keep Jack, as required by law.

During a routine inspection of their wildlife rehabilitation facility in July, an officer for TWRA cited the couple for keeping the bird in violation of state law.

During a court hearing July 21 in Rhea County, Tennessee, Judge James McKenzie gave the Gracys 30 days to work out the situation with the state.

One option available was for Jack to go live with another crow at the Chattanooga Zoo. However, Jim Gracy said Jack wouldn’t survive if he was taken away from his home.

“People may think animals don’t grieve. But if he is taken away from here, he won’t last long. He’ll grieve himself to death,” Gracy said in an interview with The Chattanoogan.

After the first court hearing, the story of Jack hit the national media, and people from all over the country flooded the TWRA offices, the county judge and prosecutor, and local media with demands that Jack be allowed to stay in his current home.

“I’ve never had as many calls in my life for an animal as I have over this one,” Judge McKenzie said at a follow-up hearing Tuesday, in front of a courtroom packed with supporters of the Gracys.

At the hearing Tuesday, District Attorney Mike Taylor announced that he was declining to prosecute the Gracys for keeping the crow, because of the unique character of the case.

“This is not like somebody trapping a deer and keeping it in their garage,” he said.

As a result, McKenzie ruled that there was no reason for him to issue a seizure notice demanding that the bird be removed from the Gracys’ care.

Taylor said that Tuesday’s decision does not mean that it is acceptable for an average person to keep a wild animal, emphasizing that the Gracy is a licensed wildlife rehabilitator with 45 years of experience.

Similarly, Best Friends Bird and Wildlife Outreach Coordinator Sharon St. Joan emphasizes that people should never keep wild animals as pets, and should never try to help a injured animal on their own.

“If people find any injured wildlife, any wildlife at all that needs help, they need to go to a wildlife rehabilitator,” said St. Joan, who is a licensed rehabilitator herself.

“Number one, a licensed wildlife rehabilitator is the only person legally allowed to care for any injured wild animal. Number two, they are the only people both trained and qualified to care for it, and will also work with a vet who is trained,” she said.

As licensed rehabilitators, St. Joan said, the Gracys should have known that in order to legally keep Jack, they needed to apply for a special permit allowing them to use the bird for educational purposes.


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August 23, 2006 at 9:28 AM
posted by: cattees
I'm glad Jack got to stay with his family. You would think they would offer to get the Gracy's a license in stead of turning everyone's world upside down and wasting taxpayers' dollars.

It's a shame how difficult "they" make it for people to do the right thing. Guess that's because it's so much easier not to. Just goes to show the sad state of our world...
  
August 22, 2006 at 9:04 PM
posted by: carrie_fosters
Maybe these people should have known but I know from experience that when you call "the usual suspects" (read: Audubon) when you find an injured crow, they tell you you can't keep it but, if you bring it to them, they'll have to euthanize it. It's hard not to fall in love with these incredibly social and intelligent birds and difficult to find a licensed re-habber to help. My guy made it, thanks to a friend who knew what she was doing. It was a very frustrating trying to do the right thing!
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