REGION 5

BILL ANDERSON, REGIONAL REP

No articles received from this region.

REGION 6

RICHARD GROSZ, REGIONAL REP

Lacey Act Investigations

On June 6, 2002, Steven R. Guy was sentenced to six months incarceration for a Lacey Act violation that involved the illegal transportation of four trophy whitetail deer from Kansas to a taxidermist in Nebraska. The deer had been taken illegally in Kansas by Guy, after legal shooting hours, without proper permits, and in illegal areas.

Guy had previously been sentenced to pay a fine of $1,000, a special assessment of $25, restitution of $200 to the U.S. Fish and Wildlife Service, five (5) years of probation, during which time he was prohibited from hunting, fishing, or trapping, and ordered to perform 250 hours of community service work as penalty for his Lacey Act conviction.

Further investigation of Guy revealed that he had falsified records showing that he had completed his community service work and that he had been actively involved in the extermination of prairie dogs in South Dakota by poisoning and shooting. As a result of his probation violations, he was re-sentenced and given a six-month jail term. On September 17, 2001, Joe Thomas pled guilty in Federal District Court in Billings, MT to five felony counts.

After a four-year cooperative investigation with the Montana Department of Fish, Wildlife and Parks, Pennsylvania Game Commission, the Illinois Department of Natural Resources and assistance of FWS Special Agents from Alaska, Pennsylvania, Minnesota, Illinois, and North Carolina, seven of the eight defendants identified in the investigation pled guilty to misdemeanor or felony Lacey Act charges.

Case Background:

In August 2000, Montana outfitter and guide Vern Smith; outfitter, guide and taxidermist Joe Thomas; and taxidermist Catherine Thomas; hunters/clients Marvin Woods and Richard Schomburg were indicted by a federal grand jury in Montana for felony Lacey Act and conspiracy violations involving Smith and Thomas' unlawful sale of two mountain lions, two bobcats and an antelope that had been illegally taken and shipped in interstate commerce. In a second indictment (also in August 2000), Joe Thomas, Louis Van der Merwe, a Zimbabwe hunting outfitter and guide; Ray Westerman, a leopard hunter; and Dick Dean Andersen were indicted for felony Lacey Act and conspiracy charges involving Van der Merwe and Thomas' illegal transportation and sale of two leopard hides, sold in violation of the Endangered Species Act (ESA) and the Lacey Act. In a third indictment (October 2000), Smith, Thomas, and Schomburg were indicted for felony Lacey Act and conspiracy violations involving Smith and Thomas illegally providing licenses to Schomburg and a second hunter, Ken Dunbar, so Dunbar and Schomburg could illegally take buck antelope in 1994 and 1995.

In November 2000, Schomburg pled guilty to one Lacey Act misdemeanor count for illegally buying and receiving an illegal antelope in Illinois from Montana. Schomburg was fined $15,000 and ordered to serve one year probation during which time Schomburg cannot hunt, or trap in the U.S.

In November 2000, Ken Dunbar pled guilty to two Montana state charges of illegally possessing two unlawfully taken antelope. Dunbar's hunting privileges were revoked for two years and was fined $1,550.

On September 17, 2001 Joe Thomas pled guilty in federal District Court in Billings, MT to five felony counts. The first count involved Thomas' sale of two illegally taken bobcats by Schomburg and Woods. The second count involved Thomas' conspiracy with Schomburg and Woods. The third count involved Thomas' purchase of three leopard skins from Van der Merwe in Zimbabwe in violation of the Lacey Act and the ESA. The fourth count involved Thomas' conspiracy with Smith and Schomburg to sell Schomburg and Dunbar antelope by selling Schomburg resident Montana antelope licenses. The fifth count involved Thomas' actual sale of two antelope to Schomburg. Judge Cebull ordered Thomas to serve six months home detention and ordered Thomas to wear an electronic monitoring device, pay $1,600 in restitution to the Montana Division of Fish, Wildlife, and Parks, pay $500 in special assessment fees and placed Thomas on three years probation for each of the five counts to run concurrently.

During the three year term of probation, Smith cannot possess a firearm violate any state, local or federal laws and cannot hunt, fish, trap or accompany anyone hunting, fishing or trapping anywhere in the world. In a statement to the defendant Smith, Judge Cebull said, "I think you have shown a blatant disregard for both Montana and federal wildlife laws. Your conduct gives hunters and legal outfitters a bad name."

The Texas hunter, Stephen Milano, pled guilty to one state count of illegally possessing and transporting a mountain lion. Milano paid a $1,050 fine and his hunting privileges were revoked for two years.

On September 19, 2001, hunter Marvin Woods pled guilty to one federal misdemeanor count of buying and receiving one illegally taken and possessed bobcat from Montana to Illinois. On November 30, 2001, Woods was ordered to pay a $500 fine, $25 in special assessment fees, placed on one year probation and ordered not to hunt, fish, trap or accompany anyone hunting, fishing or trapping within the 50 United States.

Also on September 19, 2001, taxidermist Cathy Thomas pled guilty to one federal misdemeanor count of attempting to sell one illegally possessed and transported antelope. Cathy Thomas was ordered to serve one year of probation, and pay a $25 special assessment fee. During her period of probation, Thomas cannot possess a firearm, violate any state, local or
federal laws and cannot hunt, fish, trap or accompany anyone hunting, fishing or trapping, anywhere in the world.

On September 24, 2001, Ray Westerman agreed to pay a $2,500 violation notice for his illegal purchase of a mounted leopard in violation of the ESA, and forfeit/abandon to the FWS the seven foot leopard he had bought from Thomas. The felony counts against Westerman were then dismissed.

On September 25, 2001 after a two-day trial, Dick Dean Anderson was acquitted of one felony conspiracy and two felony Lacey Act violations involving his buying and selling of a leopard hide from Joe Thomas.

Louis Petrus Van der Merwe, a Zimbabwe citizen, has failed to appear and a federal warrant has been issued for his arrest.







 

Native American Training

During the week of May 6, 2002, FWS-DLE conducted law enforcement training in Billings, MT, for 36 Native American Conservation Officers from New Mexico, Montana, Michigan, Mississippi, Arizona, Nebraska and South Dakota. The course was hosted by the Service and the Native American Society. Sixteen tribes were represented. The agenda consisted of an overview of federal wildlife laws, ARPA, NAGPRA, Authority and Jurisdiction, Interviewing and Interrogations, and Crime Scene processing.

Firearms training included traditional qualifications, as well as simunitions training. Montana state game wardens and a state biologist were involved in conducting classes in waterfowl identification and GPS training. A presentation by a Service Wildlife Inspector addressed the import and export regulations related to the eagle feathers. In the past six years, Region 6 has provided formal wildlife law enforcement training to more than 450 tribal members.

On April 22, 2002, a coordination meeting was held at Desoto National Wildlife Refuge, Iowa, between Nebraska Native American conservation officers, state and federal wildlife officers. The meeting was attended by 25 participants including tribal wardens from the Winnebago, Omaha, and Iowa Tribes. Joining them were conservation officers from the Nebraska Game and Parks Commission, the Iowa Department of Natural Resources, FWS Special Agents Webb and SRA Medina, Desoto NWR Manager Klimek and Boyer Chute NWR Manager Hansen.

The meeting was coordinated by Special Agent Webb and was brought about for the purpose of developing rapport among the officers, exchanging ideas and intelligence, and determining if mutual investigations or cooperative enforcement efforts were in order. The meeting helped establish open lines of communication between the various officers and the agencies they represent.


Migratory Bird Treaty Act Investigations and Partnerships

Officials from the U.S. Fish and Wildlife Service (Service) and Xcel Energy signed an agreement on 4/19/2002 that will reduce eagle, large raptor and migratory bird injuries and possible electrocutions on electrical lines across 12 states in the North-Central and Southwestern United States. Xcel Energy provides services to 3.2 million electricity customers and 1.7 million natural gas customers through its regulated operating companies. In terms of customers, it is the fourth largest combination natural gas and electricity company in the nation. Xcel Energy committed to develop an avian protection plan and work with the Service to ensure all 90,000 miles of their electrical lines and facilities become more bird friendly. This voluntary agreement, developed by Service Law Enforcement officials, Xcel Energy representatives and Department of Justice (DOJ) attorneys, is the first proactive agreement of its kind in the United States and may save thousands of birds from flying into overhead transmission and distribution liens or from the fate of electrocution.

Under the Memorandum of Understanding (MOU) Xcel Energy will undertake a comprehensive review of all of its electrical facilities and develop a long-term plan to modify those likely to cause death or significant injury to birds. These actions will ensure the company's compliance with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The agreement covers Xcel Energy's power lines in 12 states: Arizona, Colorado, Kansas, Michigan, Minnesota, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin and Wyoming. It is expected that many of the state wildlife agencies in the 12 states involved in the agreement will also sign on as cooperators.

Wyoming Special Agents have met with the Chief Executive Officer of the Powder River Energy Corporation (PREC). PREC provides electricity to the coal bed methane mines being drilled in Northwestern Wyoming. As many as 55,000 wells will be drilled in the Powder River Basin over the next few years. This will result in hundreds of miles of new power lines.

In an effort to prevent problems before they occur, FWS-DLE has initiated talks with PREC to prevent electrocution of raptors on the new lines and stop further electrocutions on the older lines. As a result of these efforts PREC has implemented a policy that all new lines will be constructed in a raptor safe manner. In addition, the company has agreed to voluntarily report any raptor deaths, and retrofit older lines to make them raptor safe.

Bald and Golden Eagle Protection Act Investigations

Between 12/2000 and 1/30/2002, A. Laverne Ehlers placed deer meat, pheasant carcasses and tuna cans poisoned with Furadan to kill "predators." It was well documented through the investigation that Ehlers targeted raptors, but he claimed he was "JUST poisoning skinks and raccoons." Ehlers has no livestock, but does have commercial pheasant hunting operators on parts of his land. SRA Prieksat was assisted by South Dakota Conservation Officer Bob Karlen. Using ATVs, they recovered 68 dead raptors, including 21 bald and golden eagles, from approximately 6,000 acres of land owned by Ehlers.

A federal search warrant at Ehler's residence, specifically looking for tuna cans similar to those in which the Furadan was found on Ehlers' land. Tuna cans were located in the residence during execution of the search warrant. Using production numbers on the tuna cans recovered at one of the poisoning sites, the agents, with the assistance of Nash Finch Foods, matched the can containing poison with those found in the residence. Ehlers subsequently decided to negotiate a settlement of the case.

Ehlers was indicted for 16 counts of violation of the eagle Act and the Migratory Bird Treaty Act. The indictment included 10 felony counts of violation of the Eagle Act based upon the Street case (8th Circuit decision which stated that second and subsequent counts in an Eagle Act indictment are felonies). A part of the basis for the indictment was the U.S. Fish and Wildlife Service Forensic Lab's excellent work in determining the cause of death of the raptors as poisoning and isolating Carbofuran as the poison. Carbofuran is the base chemical for the agricultural insecticide known as Furadan. The lab was able to determine that some of the birds had been shot, but there was no direct evidence to tie Ehlers to shooting the raptors, so he was not indicted for all the birds found.

On 1/2/2002, the U.S. Attorney's Office gave Ehlers a Pre-Trial Diversion on the felony counts of the indictment and Ehlers pled guilty to Count of the indictment for killing a bald eagle. As part of the Pre-Trial Diversion, Ehlers was ordered to pay $80,000 in restitution to the Forensics Lab. On 3/22/202, Ehlers was sentenced on the misdemeanor Eagle Act count to 30 days in prison, five months home detention, and one year of supervised release after completion of his sentence, during which he cannot possess any firearm.

REGION 7

JAY PILGRIM, REGIONAL REP

No articles received from this region.


REGION 9

No articles received from this region.