Remarks From the President - Mark Webb 

The Federal Wildlife Officers Association (FWOA) recently took a position in favor of direct line authority for the Division of Law Enforcement within the U.S. Fish and Wildlife Service. A letter stating that position was written to Assistant Secretary Judge Manson, Fish, Wildlife and Parks, Department of Interior. Your board surveyed FWOA members and the vast majority favored this position, so it is the position supported by the board. Several pros and cons were considered before coming to this conclusion.

If direct line authority is created, direct interference in wildlife investigations from those managers without law enforcement authority or training can be reduced or eliminated. We also run the risk that upper level law enforcement managers could be hired from outside of the Fish and Wildlife Service, possibly reducing the ability for field agents to be promoted and redirecting our priorities away from areas that those of us in the field believe are most important.

It is hoped that if created, direct line authority can strengthen the ability of our Special Agents in the field to perform their jobs to the best of their abilities with a reduced amount of political influence.

On other issues, the board has proposed the ability of having your FWOA dues taken directly out of your bi-weekly pay checks instead of having an annual payment. It has been proposed that the fee would be $5.00 per pay period. This is not a large sum of money, but it is a substantial increase over our current dues. It would total $130 per year versus the $35 per year that we are currently paying. I would suggest that the fee increase only be applicable to active Special Agents and it would remain the same for all other members.

It is hoped that with this increase, we could cut down overhead costs associated with our Secretary/Treasurer Jim Gale collecting annual dues from all SAs and reduce our need to collect funds from other sources such as raffles. This is only a suggestion that was discussed during the recent Region 6 in-service training session. I would hope that all of you would forward your comments to your Regional Rep or one of the board members on this important issue. A final vote on this issue will be considered at next year's in-service.

The increased funding would allow FWOA to become involved in many more issues. It has been suggested that FWOA set up a death benefit for all active members whereas if an agent were to die, a fee equal to $25.00 per member would be sent almost immediately to the surviving spouse or family member. It has also been suggested that we set up a scholarship fund for students wishing to pursue a career as a Federal Wildlife Officer. This is an area that we could all become more involved in as the need to recruit the best qualified candidates may become more acute as we continue hiring new SAs to fill existing vacancies. The newly hired Special Agents will be our co-worker and the person backing us up in critical situations, it should therefore be important to all of us to help assure that the best candidates available are hired. There is a huge demand for law enforcement officers and game wardens across the nation at this time, so it will take much more effort to ensure that FWS/LE gets the pick of the litter.

I again encourage each and every one of you to become more involved within FWOA. If you have a concern or suggestion, please pass it along to your Regional Rep or directly to one of board members. We are here to represent you and we cannot do that without your support. Make sure your Regional Rep has a valid e-mail address and/or phone number for you.

It has also been recommended that in lieu of sending out a hard copy of the newsletter to every member that members read it on the Internet. This could save FWOA a huge sum of money over a year's time. Again if you are interested in this, let your Regional Rep know your thoughts.

We are putting together the final arrangements for the 2nd Annual Memorial Torch Run/Walk at the NAWEOA Conference in Columbus, IN. At this time we have about 20 sponsors and about 125 runners/walkers signed up. This event has made great strides in promoting FWOA at the NAWEOA conference and we hope to continue it for the next several years as the conference moves to Canada for the next three years.

Vice President Leo Suazo has been busy organizing a huge donation of Gore-Tex clothing items from FWOA to the Ranger Relief Fund. It is hopeful that this will occur at the NAWEOA conference. Results will be forwarded to you in the next newsletter. Again a great opportunity for FWOA to increase the protection of our wildlife resources around the world.

In closing, I again encourage all of you to GET INVOLVED!!!

Mark A. Webb, President, FWOA

REGION 1

PHIL KNUDSEN, REGIONAL REP

No articles received from this region.


REGION 2

DOUG McKENNA, REGIONAL REP

No articles received from this region.

REGION 3

JIM FULLER, REGIONAL REP

Detroit/River Rouge Oil Spill

On April 9, 2002, an estimated 70,000 gallons of industrial grade used oil was discharged into the Rouge River, passing into the Detroit River and ultimately dispersing into Lake Erie. The spill contaminated shorelines and marsh areas in both the U.S. and Canada. SAs Sheill and Fuller assisted with initial wildlife impact assessments and later coordinated investigative efforts with the FBI, EPA and Michigan authorities.

On June 17, 2002, SAs Sheill and Fuller assisted with the execution of an EPA and FBI search warrant at a 13 million gallon oil treatment and storage facility in the Detroit area. Investigation efforts are ongoing by all agencies involved.

Fortunately wildlife loss was minimal, however, the cleanup costs were over 3.7 million dollars. The case has received extensive media attention and State senate hearings were held in an effort to determine how and why such a large spill could have occurred.

"Ringnecks No more"

Five Minnesota men and a Bertha, MN corporation "Ringnecks Forevermore," were charged in U.S. District Court in Minneapolis in May for their roles in killing approximately 100 owls and hawks protected by federal law. Gary Raymond Westergren of Plymouth, Andrew Michael Suchy of Parkers Prairie, Tim Warren Erp of New York Mills, and William Shaw and Bradley Shane Kneisl, both of Bertha, MN, were charged with misdemeanor violations of the Migratory Bird Treaty Act, a federal law that protects
non-game migratory birds.

Also charged was "Ringnecks Forevermore," a group incorporated in May 1999 in the State of Minnesota whose stated purpose is to raise pheasants for release into the wild for hunting. The men were alleged to have used pole traps to kill hawks and owls near their pheasant pens in Todd County between May 1999 and May 2001.

The charged corporation is not affiliated in any way with "Pheasants Forever," a national non-profit organization dedicated to conservation of pheasants and their habitats. The filed information is the result of a year-long investigation by U.S. Fish and Wildlife agents into activities of "Ringnecks Forevermore." Service special agents were assisted in their investigation by conservation officers from the Minnesota Department of Natural Resources. If convicted, each defendant faces fines of up to $15,000 and six months confinement. The corporation, Ringnecks Forevermore, faces fines of up to $15,000.

Minnesota Taxidermist Defeathered

In the Fall of 1998 the Service and Minnesota DNR initiated a covert investigation into the purported sales of migratory birds by taxidermist Earnest Fortner, dba Ernie's Taxidermy. During the 18 month investigation, SA Friberg purchased numerous waterfowl mounts from Fortner and Fortner even agreed to mount a hawk. Fortner told Friberg he had mounted hawks in the past, "but it would have to be after hours to avoid being caught by the game warden." A federal search warrant was executed on the business in April of 2000 and in January of 2002, Fortner agreed to plead guilty to eight misdemeanor counts of violation of the MBTA. Fortner was sentenced to 12 months probation, 100 hours of community service and a $1,500 fine.

Thorn Bottom Hunting Preserve Owner Fined

In December of 2000, SA LeClair and Ohio State officers initiated an investigation of hunting preserve owner Brad Dysinger for violations of the MBTA, after local residents reported seeing Dysinger shoot two hawks on the preserve property. The state prosecutor refused to charge Dysinger so the Ohio officers requested SA LeClair's assistance.

Dysinger represented himself at trial in November 2001 and argued that state law allowed him to protect his property. LeClair stated that a 1950s Ohio law that allows licensed game propagators to kill predatory birds or animals in the "act of destroying propagated game birds" is probably unconstitutional as it conflicts with the MBTA.

Dysinger's recommended fine of $4,000 was reduced to $1,000 by the magistrate judge.

Import/Export Cases

Wolf Import

On January 28, 2002, Michigan resident Joe Landry imported a wolf taken in Canada through the port of Sault St. Marie in violation of the Endangered Species Act and CITES. Although Landry declared the wolf, he had not obtained a Canadian CITES export permit. Landry paid a $600 Violation Notice and forfeited the wolf hide. Ontario charges are pending against Landry for the unlawful taking of the wolf as evidence has recently shown Landry may have shot the wolf after legal shooting hours.

Second Offender

Gary Chamberlain of Michigan was fined $500 and forfeited his fallow deer trophy after he unlawfully imported the mount into the Port of Detroit without a Designated Port exception permit and failed to declare the trophy to the Service. Too harsh you say??? In 1997, Chamberlain was issued, and paid, a Violation Notice for the importation of hunting trophies into Detroit without a Designated Port Exception permit. You have to learn sometime.

Almanza Exporting, LLC

Almanza Exporting, LLC was issued, and paid, two Violation Notices totaling $500 and forfeited $500 worth of ostrich leather goods when they imported the shipment into Detroit without a Designated Port Exception Permit (DPEP) and failed to file a declaration with the Service before obtaining clearance from U.S. Customs. Almanza holds an Import/Export License and has imported and exported on previous occasions. They had been informed that they could not import into Detroit without the DPEP.