REGION 1 NEWS

PHIL KNUDSEN REGIONAL REP

Phil Knudsen has been selected as the new Region 1 Regional Director and will serve a two-year term. Thanks, Phil, for stepping up and taking on the challenge of increasing Region 1's involvement in the FWOA. Thanks also to the handful (and I mean handful!) of Region 1 members that took the time to get involved in the nomination process.

REGION 2 NEWS

ROB LEE, REGIONAL REP

Lubbock Developer Pays $15,500 for Killing Burrowing Owls

A citizen complaint led to the discovery of eight fumigated Burrowing Owl burrows in a Black-tailed Prairie Dog colony on a vacant lot in a residential area of Lubbock, TX. Local residents complained to the developer that prairie dogs were starting to dig in their yards. Despite being warned that there were baby owls in many of the burrows, the developer directed an exterminator to proceed with treating all the burrows with aluminum phosphide. The exterminator also knew that owls were present and that they were protected, but continued anyway. SA Lee rented a backhoe and operator and recovered 11 Burrowing Owl carcasses, including 6 juveniles, from one hole. Digging was hampered because the burrows were directly above buried electrical lines. In an agreement with AUSA Dick Baker, the developer paid a $3,500 Violation Notice and $12,000 in restitution toward local environmental projects. Prosecution of the exterminator is pending.

Bull Elk Poaching in Chama, NM

Submitted by Kenny Kessler, Charter Member

During the Fall of 1999, SA Kessler received a request from the New Mexico DG&F to assist in investigating the poaching of two bull elk from the Lodge at Chama Ranch (the old Chama Land and Cattle Company). The bulls were privately owned and were in a pen of approximately one acre where the headless carcasses were found. The bulls would score between 280-300 B&C. The subsequent investigation found that two individuals from Oklahoma were archery elk hunting in Colorado and were camping in Chama, NM. They met with a Chama resident who offered to take the two to a place where they "could fill their tags". After slipping into the ranch after midnight, cutting several fences and climbing several others, the three ended up in a 1 acre pen that contained the two elk. The New Mexico resident chased the elk around the pen until the Oklahoma hunters could get a shot with their bows. The racks were cut off and tagged with the Colorado archery elk tags and then transported to Oklahoma. Of course, these guys had to brag and the bragging caught the attention of Oklahoma Wildlife Officer Todd Toby. With some good investigating, Officer Toby made the case. All three entered pleas in NM State Court and each was fined $20,000 and put on two years' probation.

Indictment Returned Charging Smuggling of Exotic Skins

Submitted by Andrey Guidera, Charter Member

A Federal grand jury returned an eight-count indictment against 60-year-old Cesar Olvera of San Antonio for smuggling and offering for sale in the U.S. leather goods made from hides of protected species and other illegally imported wildlife.

Olvera was charged with seven counts of violating the Lacey Act [16 USC 3373] and one count of smuggling [18 USC 545]. The indictment alleged that on seven occasions from February 10, 2000 until April 13, 2000, the defendant transported exotic skin boots__including iguana skin and sea turtle skin__which were illegally imported for commercial purposes. Olvera was also charged with smuggling three pairs of sea turtle boots into the U.S. from Mexico. On May 4, 2000, U.S. Customs agents seized the boots from Olvera as he was coming into the country. The investigation was conducted by USFWS SA Andrey Guidera.

The indictment also contains a criminal forfeiture notice in which the Government seeks forfeiture of the items seized during the investigation, including 248 pairs of boots (Crocodile, Sea Turtle, Marine Toad, Python, Ostrich, Eel, Iguana, and Tegu Lizard); 50 leather vests (Ostrich and Python); 19 belts (Crocodile and assorted Lizard); 3 mounted raptor birds; and one mounted ground squirrel__all protected species.

If convicted, Olvera faces up to five years in Federal prison and a maximum fine of $250,000 per count.

Ocotillo Plants Smuggled from Mexico to Southwest Nurseries

Submitted by Ken Dulik, Charter Member

Octaviano Parada of Pecos, TX, and his nephew Anthony Parada of Van Horn, TX, entered guilty pleas of one count of smuggling and one count of Lacey Act violation for falsifying documents. The pair smuggled ocotillo plants from Mexico and falsified documents in order to sell them to reputable nurseries throughout Arizona and Nevada. As a result of their guilty pleas, each defendant faces up to five years' imprisonment on each felony count and a total maximum fine of $750,000. The three trailers and two vehicles seized in the investigation are also subject to forfeiture. Sentencing will take place in November. Octaviano Parada's gross sales for smuggled plant sales during 1999 are estimated to be approximately $200,000.

In a related case, four individuals were indicted on 14 counts of smuggling over 10,000 cacti, yuccas, and ocotillos from Mexico during an eight-month period in 1999. Three of the subjects have agreed to plead guilty and testify against the fourth who is now a fugitive in Mexico.

Seven Indicted for Violations of Federal Wildlife Laws

Submitted by Kevin Ellis

A Federal Grand Jury in Phoenix, AZ, indicted seven individuals for 29 violations of the airborne Hunting Act, Lacey Act, and conspiracy to violate the Lacey Act.

The investigation began in 1998 and focused on several big game guides in Utah, Arizona and New Mexico who were suspected of unlawfully using aircraft prior to and during hunting seasons to locate deer and elk for hunting clients and unlawful hunting on the Navajo Indian Reservation.

Among the people indicted were Ryan Hatch, game writer/videographer, from Kanab, UT; Kenneth Clint Heiber, Red Bluff, CA; Joseph Aggi, Chico, CA; Howard Gilmore, Santa Barbara, CA; Joe Keller, Coalinga, CA; Robert Loring, Redding, CA; and Sam Carpenter, Kanab, UT. Various violations were cited, including 21 violations of Airborne Hunting, Lacey Act, and conspiracy to violate the Lacey Act.

The investigation that led to the indictment was conducted by the USFWS, the Arizona Game and Fish Department, and the Navajo Department of Fish and Wildlife. The prosecution is being handled by the U.S. Attorney's Office in Phoenix.

UNPRECEDENTED PRESIDENTIAL PARDON!!!

On January 20, 2001, only one hour before George W. Bush took his oath of office as the 43rd President of the United States, then President Bill Clinton issued 140 pardons to various subjects throughout the country. Included within the stack of pardons was the granting of clemency for Peggy A. Bargon, of Monticello, IL, who pled guilty in 1995 in U.S. District Court, Central District of Illinois, to misdemeanor violations of the Lacey Act and Bald Eagle protection Act and was fined $1,200. The case was investigated by SA Tim Santel of the Springfield, IL office.

The infamous "Dreamcatcher" case gained national media attention when it was learned that Bargon had provided a dreamcatcher to Hillary Clinton that had been adorned with various migratory bird feathers, including Goshawk, Bald Eagle, Snowy Owl and Barred Owl. After the gift gained media attention, Bargon began to advertise replica "First Lady" dreamcatchers at a local craft mall. Per the request of the U.S. Attorney, SA Santel covertly looked into the dreamcatchers being offered for sale and documented that they indeed contained feathers from various migratory birds as stated in the news article, including eagle feathers. A covert investigation was initiated and subsequent contact with Bargon confirmed that Bargon was knowingly selling migratory bird feathers and had several hawk and owl carcasses in possession at the time. During the contacts, Bargon's comments implied that she felt insulated from trouble since the "First Lady" also had a dreamcatcher with eagle feathers. The dreamcatcher possessed by Hillary Clinton was later turned over to agents from the USFWS by the White House.

After making a couple of dreamcatcher purchases from Bargon, a federal search warrant was executed at the Bargon residence. During the search, numerous wildlife items were seized including an assortment of migratory bird talons, wings and feathers from birds such as waterfowl, kestrel, barred owl, crow, dove, gull, sandhill crane, bald eagle, screech owl, blue jay, northern harrier, and red-tail hawk. An additional consent to search was executed at the residence of a local politician where the carcasses of a Rough-legged Hawk, Coopers Hawk and Barred Owl were seized. The agents were advised that these birds also belonged to Bargon.

In addition to the wildlife seizures, a bag containing cannabis was also seized during the warrant from the Bargon premises. Although Bargon admitted that she had purchased the cannabis and it belonged to her, charges were never filed by the local States Attorney against Bargon for the drugs.

Soon after the warrants were executed, Bargon and her attorney took their story to the media, including, Time, Newsweek, National Enquirer and the CBS News "Eye on America". The one-sided account provided by Bargon drew sympathy from around the country, however, full details of the investigation were never provided to the media. As a result of the recent Presidential pardon, the radio talk shows and the newspaper continue to talk about the poor Illinois woman with one eagle feather whose house was "stormed" by agents and unfairly prosecuted by the Government...Unbelievable!

REGION 3

GARY JAGODINSKI, REGIONAL REP

Region 3 has been changing. We have had new staff entering the Region as well as a few defections. We wish those leaving the best of luck in their new assignments, and we welcome the new additions to the best Region in the Service. I say this not to be politically correct, but because it is true. Where else can you see the greatest football team to ever play the sport (Green Bay Packers) at none other than Lambeau Field, or catch muskies in pristine north woods lakes, or have bratwurst boiled in Point beer and grilled to perfection, or enjoy fresh cheese curds that squeak when you bite them, or hunt monster trophy whitetails from September through December, or take a stroll down your favorite logging road with your favorite bird dog while trying to hit a flushing ruffed grouse, or go to the National Freshwater Fishing Hall of Fame in Hayward, or ride a trail to the bicycling capital of the world in Sparta, or see Al Capone's hide out in Couderay, or see the world's most complete collection of cranes (the bird, not the machine) in Baraboo, or take a plunge at the world's largest outdoor waterpark in Wisconsin Dells, or visit the Houdini Historical Center in Appleton, or explore the largest outdoor museum of rural life in Eagle, or watch the Brewers play in the only ball park in North America to feature a convertible fan shaped roof, while enjoying a delicious Johnsonville bratwurst and a cold brew in none other than Milwaukee, or strap on the old ice skates and take a trip around the oval at the Pettit National Ice Center and home of the U.S. Speed skiing Team__again in Milwaukee; and if that's not enough, fly your airplane to the World premier aviation event is Oshkosh or tour the birthplace of Harley-Davidson engine in Wauwatosa__walk-ins are welcome!

Of course, these are just some of the things to experience in the Dairyland State and home of Special Agent Ed Spoon (Madison__Home of the Badgers), Special Agent Roy Owens (Green Bay__Home of the Packers), and myself (LaCrosse__God's County and home of my lovely wife, two beautiful daughters, and a retriever named Ace).

I am sure there are cool things to do in the other states in the Region, but I am the Rep., and I am writing this so I get to say what I want. The Great Lakes states are a great place to live and work and we welcome all the new folks!

SA Jim Fuller joins us in Bay City, MI from Juneau, AK;

SA Ed Grace joins us in Chicago, IL from New York City;

SA Roy Owens came back to Green Bay, WI from FLETC;

SA Greg Jackson Leaves Madison, WI for a tour in DC;

WI Carmen Urfer-Parkes departs Detroit for Seattle, WA;

WI Mike Merida transfers from Chicago to Detroit;

ICS Carolyn Garritsen takes over in the RO; and

Valerie Eastland assumes command in Permits and Licensing at the RO.

On a Personal Note:

It is the time of year again for the National Multiple Sclerosis Walk 2001. This is a fundraising event to help find a cure for this devastating disease. For those of you who may not be aware, my wife Anita was diagnosed with MS a year and a half ago. Last year, many of you were contacted by her and were able to offer a pledge to support our team for the walk. With your support, our team was among the top 10 fundraising teams in the LaCrosse area! This year, the MS Walk will take place on Sunday, April 29. Again, if you can make a pledge for the walk, we would appreciate your support. 

Pledges can be made in any amount, and checks can be made payable to the National Multiple Sclerosis Society. Every Little bit helps. Thanks for your help, from both Anita and me. It really does make a difference.

Myron Jay Kloubec Indicted in Des Moines

On January 10, 2001, a federal grand jury sitting in Davenport, IA returned an indictment charging a Johnson County man with five fish and wildlife violations. The indictment charges Myron Jay Kloubec, who operated an aquaculture facility in rural Amana, with two counts of unlawful interstate transportation and receipt of fish, one count of interstate transportation and sale of fish, one count of interstate transportation and purchase of fish, and one count of shooting and attempting to shoot terns and kingfishers, which are federally protected migratory birds. Penalties upon conviction for the above charge range from six months in jail and $15,000 fine to five years in federal prison and/or a fine of up to $250,000.

The charges involving the fish refer to the importation, purchase and sale of black carp, bighead carp and gold sea bass in Iowa without the necessary permits required by the State of Iowa. The above fish are non-indigenous to the State of Iowa and required special permits to import, transport, propagate and sell, Kloubec will be summoned to federal court to answer these charges in the near future.

United States Attorney Don C. Nickerson stated that this case was investigated by the Federal Fish and Wildlife Service and the Iowa Department of Natural Resources. USA Nickerson would remind the public that the indictment is not evidence that a defendant has committed a crime. A defendant is presumed innocent, unless and until the government meets its burden in court of proving guilt beyond a reasonable doubt.

Good job on the investigation Walt, and thanks AUSA Jeff Lang (former Special Agent) for prosecuting the case.

Lonny Street Pled Guilty in Eagle Case

Lonny Street, 31 of Tama, IA was sentenced to serve 16 months in Federal prison, after pleading guilty to two counts of take of eagles. As part of a plea agreement, nine additional counts were dismissed. Street was one of several Native Americans apprehended in an investigation into the illegal killing and commercialization of eagles and their parts for the Native American pow wow trade. The investigation was begun by the U.S. Fish and Wildlife Service at Tama, IA in February 1998, and expanded to South Dakota, Illinois, Indiana, Montana and Colorado.

Street had just returned to Iowa from an eagle killing trip on the Rosebud Indian Reservation in South Dakota when a FWS Special Agent and Iowa Conservation Officers executed three search warrants on residences in the Tama, IA area.

Two large suitcases filled to overflowing with freshly-killed bald and golden eagle heads and eagle feet; as well as leg-hold traps, a .22 magnum rifle and the sorted, packaged feathers and feet of numerous other raptor species were seized.

The U.S. Fish and Wildlife Forensics Lab positively identified the seized wildlife from Street's apartment and determined that it consisted of the following:

• at least 22 individual golden eagles;

• at least 4 individual bald eagles

• 9 other species of raptors including golden eagle, bald eagle, red-tailed hawk, 17 rough-legged hawks, kestrel, prairie falcon, sharp-shinned hawk, ferruginous hawk, and two individual gyrfalcons.

• 8 other species of birds including turkey vulture, northern flicker (both red and yellow), great blue heron, gull, sage grouse, ring neck pheasant, and domestic turkey (mixed in with bald eagle feathers).

Federal arrest warrants were issued for Lonny Street and his brother Steve Street, who both fled Iowa after the searches were conducted. Steve Street was located and apprehended in Indiana and sentenced to 10 months in prison and $5,000 restitution for his part in the killings.

Gerald W. Oliver, Jr., from Toledo, IA was then sentenced to 24 months probation and $5,000 restitution. Revocation of his Federal eagle feather permit is also being sought.

After being on the run, Lonny Street was located and arrested at a pow wow in Denver, CO. However, the judge there released him on bond. He then failed to appear for sentencing, and had to be arrested again. His sentence consisted of 12 months on the first count and 16 months on the second (which is a felony). However, the sentences are to run concurrently. In addition to the 16 month felony prison sentence, Lonny Street was also ordered to pay $10,000 restitution to the National Fish and Wildlife Foundation where the money will be used for eagle research projects. He must also undergo two years of supervised release (probation) with all the normal conditions attached. He was sentenced in Pierre, SD, the Federal Juridical District where the killings took place.

The illegal commercial trade in wildlife, parts and products is second only to the illegal drug trade in overall dollar value, estimated to exceed $5 billion dollars annually worldwide. While there is a legitimate use for eagle feathers in Native American religious ceremonies, a tremendous black market demand exists for eagle parts on the pow wow circuit in the U.S. and Canada as well as among those persons who collect Old West Americana.

Huge sums of money are paid for hard-to-get eagle feathers, feet, heads and other parts. At the various pow wows held annually across North America, participants compete for tens of thousands of dollars in prize money awarded for the best costumes and dances.

This case sends a strong deterrent message to those persons who might consider the illegal trafficking and commercialization in eagle and other Federally protected species for personal gain.

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