GA DNR, Abuse of Power, Corruption, Wasted Tax Dollars and Smiley the elk

CJ Tritt

FOR IMMEDIATE RELEASE

Local GA DNR Battles Pickens County Woman Over Elk

The Georgia Department of Natural Resources (DNR) is currently embroiled in a court battle with a Pickens County woman over her possession of an elk named Smiley. CJ Tritt, Smiley's owner, has owned the North American Rocky Mountain bull male elk (Cervus elaphus) since 2000. 

Prior to March 31, 2008, Smiley happily lived in Pickens County. The GA DNR removed Smiley from his home on March 31, 2008, and, since that time, he has lived at the drive-thru animal park, Wild Animal Safari, located in Pine Mountain, GA, which typically houses animals such as tigers, monkeys, lions, bears, zebras, nilgai, camels, and giraffes. Within a month, claims Tritt, Smiley had lost an astonishing 250 pounds and has continued to lose weight. Wild Animal Safari relies on naturally growing grasses, (which is non existent) occasional hay feedings, and the benevolence of tourists feeding the animals to provide nourishment. For an animal domesticated and accustomed to two regular feedings daily this method has proven devastating to his health. From April to October 2008, in over seven months Smiley had not gained any weight since he arrived at Wild Animal Safari. But he continued to lose weight. The pictures speak for themselves. Smiley was healthy while at home with the Tritt's.

In 2005, five years after purchasing the elk, Tritt was first notified by the state DNR that ownership of Smiley required a license. In 2006 after obtaining the appropriate deer-farming license via the Georgia Department of Agriculture, the agency that regulates domesticated animals such as elk, Tritt was told that her license had been determined invalid since the DNR had not yet approved it. The DNR has refused to issue a license to Tritt for Smiley because of their insistence that Tritt has violated wild animal laws. Yet elk are regulated by the Georgia Department of Agriculture, not DNR. Under DNR standards, elk are not specifically listed, but the Department of Agriculture's listing for elk is (non-traditional livestock). Elk are listed as an animal that you can raise for food and or fiber under Title 4-4-171. Fiber meaning hard antler or velvet. 

Although the DNR has always been permitted to assess such situations, it has not previously involved itself with Department of Agriculture licensing.  In this matter the DNR has inappropriately asserted jurisdiction, and Tritt claims that some agents have behaved unprofessionally throughout the situation. This has resulted, she says; from a 1999 incident in which her husband David witnessed DNR agents unnecessarily exterminate loose cow elk. At the time Mr. Tritt raised concerns over the treatment of the innocent animals, which were domesticated and harmless.

Tritt believes DNR's Wild Animal Permit Application has been deliberately manipulated to prevent the new laws in which one could have elk and other deer species as a farmed animal without the interference of the DNR. The new law went into effect on July 1, 1997. For over ten years, the DNR has not updated its application. Because of their intent in this case to make Tritt fall under their jurisdiction, allowing bureaucratic loopholes through which the agency has taken actions that have ultimately been to Smiley's detriment. Tritt has sought additional licensure and is taking legal action against the DNR. In July, 2007 Todd N. Nims GA Wildlife Biologist signed an affidavit that he sent to Tritt the true and correct copy of the wild animal permit application, which included Title 27, Wild Animal Law, 27-5-1 thru 27-5-12. Under Title 27-5-4 the second sentence is missing from the application. Yet in the O.C.G.A. code, the second sentence states the following: "provided, however anyone holding a deer-farming license is not required to have a wild animal permit or license to possess farmed deer". Tritt filed for and received a deer-farming license via the GA Department of Agriculture on November 28, 2006.

By signing this petition we will take action to have an investigation be conducted into the affairs of the Georgia Department of Natural Resources. This petition will be sent to all Georgia governing agencies for an investigation.

Please see the picture of GA DNR Wildlife Biologist, Todd N. Nims sticking his tongue out at the Tritt's the day GA DNR seized Smiley the elk, on March 31, 2008. For additional pictures of Smiley at home, GA DNR on March 31, 2008 and Smiley at Wild Animal Safari that includes a timeline of Smiley please go to:  http://www.talkingrockarena.com/.

Thank-you, kindly