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Volume 18, Number 1
Winter 2003/2004
Page 1 of 4

SPRING NEWSLETTER DEADLINE
MAR 31, 2004

FWOA News Letter -

MESSAGE FROM THE PRESIDENT - Mark Webb

The holiday season is behind us and I am sure that we are all moving forward with a very busy 2004. It seems that a slow period just does not exist anymore, if it ever did.

The Federal Wildlife Officers Association is continuing its work for the benefit of the members and all wildlife enforcement officers.

FWOA has continued to stay abreast and active in the push to pass legislation to provide pay parity for federal law enforcement officers. Just as it was appearing that sufficient cosponsors had been obtained, a road block was placed by Sen. Voinovich (R-OH), Chair Governmental Affairs Committee, who is currently holding Senate Bill S. 985 in committee. Sen. Voinovich has moved Senate Bill S. 1683 ahead , which calls for pay parity and recommendations based on the study for federal law enforcement to be completed by the Office of Personnel Management by the end of April 2004. Things appear to be on hold for now, but we will continue to keep you up-to-date and we will continue to request your support in contacting your Senators and Congressmen in an effort to solicit them as cosponsors for this important legislation.

The production and mailing of our quarterly newsletter continues to be our largest expense each year. We are still working on options to provide electronic transfer of the newsletter to our members. One option under consideration is posting the newsletter as a .PDF file on the website for downloading by members. If you have any ideas on this issue, please contact SAs Bonnie Bell or Mike Weaver.

We continue to make headway on our efforts to reintroduce a commemorative firearm, similar to the one offered a few years back, with Sig Sauer handguns. SA Dom Domenici has contacted Colt, Sig Sauer, and Browning. He is also checking on several different models of firearms as well as the possibility that one of the companies will offer our members the opportunity to order one of a variety of models, calibers, gauges, or type of firearm. If you have any ideas or a willingness to assist with this effort, please contact committee head SA Dom Domenici. We hope to provide a final presentation of options at In-Service.

SAs Lisa Nichols and Gary Jagodzinski are heading up a committee to make recommendations for FWOA to create an annual scholarship for a son or daughter of a FWS Special Agent. They are checking into several options and have made contact with a company that will help administer the program. They will be providing an update at In-Service. If you have concerns or ideas, give one of them a call or send them an e-mail.

The Service has purchased equipment to create credentials for our retired Special Agents and at the last update they were awaiting policy drafting. Upon follow-up by the Board, Chief Kevin Adams advised that a policy has been put into place. The first of the retired Special Agent credentials will be issued at the Annual Meeting of Retired Agents, being held at NCTC the first week in April to coincide with our In-Service. FWOA would like to thank management for following through with this project and making it a reality. It is something that we will all be able to benefit from at the end of careers.

A draft policy on overtime has been written and discussed at the SAC conferences. No formal policy has been delivered to the field at this time, even though a chapter was left blank in the policy manual for overtime guidelines. I am aware that some Regions are currently paying overtime for situations that have not been considered for overtime in the past. We are making headway on these issues, but a workable solution is needed by both the field SAs and management. Chief Adams has been contacted on this issue and will be providing an update in the near future.

The possibility of having corporate sponsorships for our newsletter is being actively researched by SA Doug Goessman. He has had contact with a potential publisher and we are currently discussing possible options. Many wildlife officer associations are currently publishing magazines that are created by a publisher who obtains all of the sponsors and pays the association after taking out a percentage for overhead. This

REGION 1

CHRIS BRONG, REGIONAL REP

Update on the FWOA Limited Edition Benchmade Knife Orders

Benchmade Knife Company orders received from FWOA members for the FWOA Limited Edition Benchmade Knife were submitted on 01/26/04. The deadline was 01/23/04. Depending on available knife stock on hand, the company has indicated they may begin producing within the next few weeks. I still hope to have a portion, or all, of the current orders on hand for you at your In-Service session. Note - I am dependent on the company completing the orders. If they have to back order any components, the orders may not be completed by In-Service. If that is the case, I will mail your order to your Regional Rep. Orders were received from 20 FWOA members.

The program is currently raising thousands of dollars for some associations. A meeting with the publisher is being planned for March and we are expecting that Doug will be able to provide us a current update at In-Service.

SA Chris Brong completed the necessary arrangements for the Benchmade Knife Company to create a knife for FWOA members. It has the SA's badge engraved on the blade. He took orders and then extended the order date to February 6, 2004, so I hope that many of you took advantage of this opportunity to acquire a great knife at a great price.

FWOA has been busy supporting many of our current members who have experienced recent health problems. SA Lisa Nichols had a tumble on her mountain bike on January 11, 2004, which resulted in fracturing her C-1 vertebrae. She is recuperating with her "halo" brace at her sister's home and I am sure would appreciate cards and letters.

SA Bonnie Bell turned towards the dark side and started hunting coyotes with her government patrol vehicle. I am not sure of the outcome of the coyote, but the resulting crash caused Bonnie's hand to be crushed fracturing several bones. She is doing fine and is currently rehabilitating her hand. She is scheduled for additional surgery to repair some tendon damage to a couple of her fingers.

SA Ken McCloud is currently working with the Office of Law Enforcement to establish what duties he can safely perform after experiencing a disabling back injury on the job that required surgery. It is hopeful that administration can move quickly to provide Ken with duties that capitalize on his many strong points and qualifications. FWOA has been in contact with Chief Adams and strongly supports Ken in his effort to return to work for the Office of Law Enforcement.

SA Bruce Toloski continues to improve daily and to show our support, SA Lisa Nichols is currently organizing a fund-raiser for Bruce at the Baker to Vegas Law Enforcement Run, scheduled for April 24, 2004. It is expected that part of the 20 member team representing the California Wildlife Enforcement Officers team will be composed of federal wildlife officers. Anyone wishing to assist or donate to this worthwhile cause can contact Lisa.

FWOA is currently looking into the possibility of acquiring the services of a law firm to represent our members. We have been contacted by Matthew B. Tully from Tully and Associates , P.L.L.C., headquartered in Albany, NY, with a satellite office in Hunter, NY. He is currently specializing in cases involving the United States Merit Systems Protection Board, the United States Equal Employment Opportunity Commission, and Federal Law Enforcement Officers with emphasis on retirement and workers' compensation matters. He is currently the General Counsel for the Emerald Society of Federal Law Enforcement Agencies (ESFLEA) and has focused his practice on federal employment discrimination and federal workers' rights. He has advised that he works pro bono for federal employee non profits. This issue will be discussed at length at In-Service.

FWOA recently wrote a letter to the Illinois Governor showing our support for the Illinois Conservation Police in their efforts to oppose a proposal by the Governor to combine the state conservation officers with the state police as a cost savings measure. This was recently done by the Governor in Alaska. Currently all reports are showing this to be a major detriment to wildlife resources of that state.

If you have not checked out the web store lately - and it appears that most have not - log onto www.fwoa.org and go to the web store from our home page. Whether it's for Christmas, birthdays, Father's Day, anniversaries, or any other occasion, make sure you let your spouse, kids, parents, friends, or other loved ones know that they can get onto the web site to get you that perfect gift. You might also think about getting a cap or mug for that AUSA or other LE officer that helped you out with your latest investigation and made you look GOOD!

How many of you have had a personal lawsuit filed against you while performing your duties as a federal law enforcement officer? It appears that this trend is increasing, and having been in those shoes, I can attest that it is not a pleasant position to be in. In some incidences support from the agency is minimal! Effective October 1, 1999, all federal agencies were required to pay half the premium cost for most employees up to $150 per year. If you are interested in looking into professional liability insurance to protect you and your family, contact me or call 1-800-221-3083 for information.

I would also like to congratulate SA Tim Santel on his successful prosecution of "Operation Snow Plow" and the write-up in the most recent issue of International Game Warden magazine, and to SAs Justin Mays and Kevin Ellis for their very successful prosecution of trophy deer and elk poachers in the States of Iowa and Colorado. A job well done guys!! It reflects very favorably on FWS/OLE and FWOA.

FWOA recently received a thank you note from Wild-Aid showing their appreciation for the donation of field equipment relayed to them by FWOA for use by Cambodia Park Rangers. The clothing items were collected through a program headed up by SA Leo Suazo. It appears that clothing items will continue to be collected in the future, so if you have any thoughts or possible recipients, let one of the board members know. The North American Wildlife Enforcement Officers Association also recently made a large donation of field equipment to Wild-Aid in Cambodia through their Ranger Relief program. Many of those items were also supplied by FWOA.

FWOA will again be sponsoring a 5K memorial torch run/walk at this year's NAWEOA annual conference in Manitoba. The event will take place at the International Peace Gardens located on the Manitoba/North Dakota border. If any of you are planning to attend the run/walk or the conference in Winnipeg, FWOA could use your assistance. Please let me know of your availability. FWOA has helped raise $12,000 over the past three years to support the construction of the Game Warden Museum to be built at the International Peace Gardens.

A reminder that all of us need to check our address label on the FWOA Newsletter to see if our dues are out of date. If yours are past due or about due, please remit your payment to Bill Anderson at the address on the back of the newsletter.

We will again be holding our FWOA annual meetings during both sessions of In-Service. As you can see, there are many important subjects to be discussed so plan to be present and bring your thoughts and concerns so they can be addressed.

Your association and members are continuing to work hard for your benefit. I encourage all of you to find time to make an effort to step forward and assist your association and your fellow members. I hope that each of you have a safe and productive 2004.

MESSAGE FROM VICE PRESIDENT - Doug Goessman

FWOA Donates Equipment to Indian Tribes and Wild Aid

In August 2003, the FWOA was able to coordinate and make the donation of a number of rain proof parkas, rain pants, and boots to wildlife officers of 13 Rocky Mountain Indian tribes in Montana, North and South Dakota, Kansas, Utah, and Colorado. In addition to the equipment donated to the tribes, a large number of new waterproof hiking boots were also donated to "Wild Aid" for distribution to wildlife law enforcement officers in third world countries. These donations were made possible by a lot of hard work by several people over the last two years.

These equipment donations were made possible by the efforts of the former FWOA Vice President Leo Suazo and two very generous businesses. Leo started the ball rolling by obtaining the boots and clothing items from Charlie's Sporting Goods and Gore International. Both businesses were concerned about the lack of proper equipment available to tribal and foreign wildlife officers.

Once the FWOA was able to take possession of the boots and clothing, distribution of the equipment was coordinated through Wild Aid and with Ron Skates of the Native American Fish and Wildlife Society.

Many thanks also to Charlie Domenici, owner of Charlie's Sporting Goods in Albuquerque, NM. Charlie, who has been a tremendous supporter of wildlife law enforcement over the years, donated boots and clothing items worth over $65,000.

Many thanks also go out to Gore Industries in Maryland. Gore Industries donated a large number of waterproof trousers, parkas and gloves worth several thousand dollars.

MEMORIAL FOR SA JOE OLIVEROS

It appears that efforts of FWOA to create a lasting memorial for SA Joe Oliveros to recognize his dedication to protecting manatees is going to come to a successful conclusion in the very near future.

Thanks to the untiring efforts of SAs Kevin Wood, Downie Wolfe and others, a bronze plaque has been prepared and we are in the process of ordering a granite stone to place it on. The stone will be 42" high in the back; 36" in the front. Width will be 16"x 20" and have a rough finish.

The stone and plaque will be placed at the public manatee viewing area on Merritt Island NWR near Titusville, FL.,

FWOA would like to thank Chief Kevin Adams for securing funding to make this dream come true and the management staff at Merritt Island NWR for their willingness to work with us on this project. It has truly been a joint venture.

I encourage all of you that have an opportunity to be in the Titusville, FL, area to stop and visit the memorial. Help us all remember one of the Service's finest law enforcement officers.

REGION 2

GARY YOUNG, REGIONAL REP

All Special Agents and Wildlife Inspectors in Region 2 were extremely saddened by the news of SA Lisa Nichols' bicycle accident. Our prayers and thoughts are with her in her time of need and we hope for a full and complete recovery.

Since the last newsletter, Region 2 Special Agents and Wildlife Inspectors have been involved in a wide variety of investigations and activities. The following represents some highlights.

Agents and Inspectors Conduct Outreach

The Laredo Wildlife Inspector (Jose Blanco) and SA Kelly Holland traveled to Eagle Pass, TX, to participate and conduct a presentation regarding the requirements and regulations for personal importations of white tail deer from Mexico. Training was provided to approximately 120 Customs and Border Protection Officers.

The Brownsville Wildlife Inspector (Ed Marshall) conducted cross training for more than 22 new Homeland Security Officers at the Port of Brownsville, TX. All of Homeland Officers, USAG, USCS, and INS are now wearing the same uniform and fall under one Port Director.

Import/Export Highlights

SA Roper issued two Violation Notices to a business in El Paso, TX, that had attempted to import crocodile skins into Mexico from Singapore via the U.S. The shipment was seized due to invalid CITES permits. The total collateral amount issued was $500 plus forfeiture of the skins valued at $32,000.

SA Pye closed two import cases, one individual, T. Murphy forfeited $3,500 collateral for his unlawful leopard import. The second individual, H. Rozali, forfeited $250 collateral in resolution to his unlawful coral import.

In November 2003, SA Roper, (AQ, NM) issued a $2,000 Violation Notice to a business in El Paso, TX, for the attempted illegal exportation of leather pieces. The seized leather pieces were going to be used to make wallets, belts, and patchwork on other leather products. All of the seized leather pieces were identified as belonging to CITES species.

SA Pye completed an investigation into the unlawful import of a leopard from the country of Tanzania by a McAllen, TX, resident. The subject of this investigation paid a $5,000 civil penalty in resolution to the import.

MBTA HIGHLIGHTS

Texas Baiting Case

Two Fort Worth based Special Agents and the Texas Game Warden stationed in Mills County, TX, conducted an investigation into a complaint of dove baiting during the Central Zone season. The investigation resulted in the apprehension of 16 hunters that had taken 55 doves on a 12-15 acre shredded millet field where grain sorghum seed had been spread to improve the dove hunt. Additionally, a pasture road on the adjacent property had been baited with grain sorghum. All hunters were cited by the Texas warden and state fines are anticipated to total about $3,250.

Over Limit of Geese

In November 2003, Texas Parks and Wildlife Game Warden and SA Stacy Campbell (Victoria, TX) were working goose hunters around El Campo, TX. Officer Hurst observed 11 hunters in a field, when one hunter carried something to a ditch approximately 100 yards from the goose spread. The hunter entered the ditch for several minutes and exited without the items he had been carrying. Warden Hurst called SA Campbell for assistance.

When SA Campbell arrived on scene, Warden Hurst had made contact with the hunters and found four carcasses of breasted out white front geese in the ditch where he had previously observed the hunter. Officers interviewed the hunters and found it was a guided party with a large commercial waterfowl outfit from Altairs, TX.

The officers found the party to contain two guides, who were attempting to hide four white front geese in excess of the combined daily bag limit of the guided party. One commercial guide admitted to Warden Hurst he had breasted out the four birds and hidden the breast meat inside a goose decoy. The guide took Warden Hurst to where he had hidden the meat. Warden Hurst found the breast meat of four white front geese hidden inside a goose decoy.

SA Campbell interviewed all the subjects and found the guides had taken over their daily bag limit of white front geese. Compliance check of the remaining hunters resulted in one person in possession of lead shot.

SA Campbell issued Violation Notices for the following:

2 - Over the daily bag limit - $900

1 - Species identification removed - $325

1 - Possession of lead shot $250

Pole Trap Investigation

Service Agents and Oklahoma Game Wardens took down the Oklahoma Pole trap investigation (Case Agent SA Monroe) with the simultaneous contact of multiple gamecock breeders previously documented using pole traps to take raptors at their facilities. Violation Notices with collateral fines totaling more than $10,000 were issued and 30 pole traps were seized as evidence.

Follow-up investigation of additional defendants are ongoing at this time. This case received a great deal of media attention and will serve to deter the take of birds of prey at these facilities.
 

Houston Area Waterfowl Cases

During the month of December 2003, a Houston Special Agent closed waterfowl hunting investigations on two subjects from the Houston area. On December 12, 2003, the first subject paid a forfeiture of collateral in the amount of $200 for a November 15th Violation Notice issued to him for unlawful take of migratory waterfowl by hunting without a Migratory Bird Hunting and Conservation Stamp. The second subject was observed hunting waterfowl with a companion on December 1, 2003, by two Houston agents near Lost River outside of Houston. Upon inspection, the subject was unable to produce a valid Migratory Bird Hunting and Conservation Stamp.

During a check of his shotgun and shot shells, he was found to be in possession of 54 lead shot shells. Additionally, he had in his possession four steel shot for loading into his shotgun if checked by a game warden. After a closer examination of the area where the subject was hunting, a total of nine dead plovers and sandpipers were found on shore and floating amount the subject's decoys, including one which had been skinned and eviscerated. The subject and his companion both admitted shooting the non-game birds with the intent of taking them home for cooking and eating. Both were cited for their violations and released. On December 30th, one of the subjects paid a forfeiture of collateral in the amount of $1,400 for hunting without a Migratory Bird Hunting and Conservation Stamp, possession of lead shot while hunting waterfowl, and unlawful take of non-game migratory birds.

Caviar Dealer Sentenced

An Arkansas caviar dealer, Chris Swan, was sentenced for trafficking in Oklahoma Paddlefish roe in violation of the Lacey Act. U.S. District Judge Sven Holmes in Tulsa sentenced Swan to serve four months in prison followed by an additional four months of home confinement by electronic device, a $10,000 fine, three years of supervised probation, and a special assessment of $100. The sentence was handed down following a lengthy sentencing hearing during which testimony was presented by a Service agent as well as an FDA Investigator regarding the significant health risks posed by Swan's violation of FDA's Hazard Analysis Critical Control Point regulations (HACCP). This added two points to Swan's guideline range and USDJ Holmes concurred with its application in the pre-sentencing report.

This sentence closed the loop on a joint Service/Oklahoman investigation spanning three years and three case agents, and it resulted in the felony Lacey Act convictions of all parties in the sophisticated Paddlefish trafficking ring, fishermen, processors, and dealers. It is anticipated this strong sentence will serve to deter the illicit Paddlefish caviar poaching from Northeast Oklahoma watersheds.

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