Baiting Stations Outlawed and other USFWS Law Enforcement news from the region....
• On 10/22/04, RAC Aloise and SA Baker met with the Currituck County Game Commission, NC, to discuss FWS/LE concerns about the commission placing thousands of pounds of corn in Currituck Sound at "feeding stations". After being advised that this was placement of bait under the MBTA, the commission unanimously voted to discontinue this long term practice. The NCWRC Division of L.E. and the Executive Director of the NCWRC were instrumental in aiding FWS/LE in this issue.
• On 12/06/04, subjects Foss & Lewis were sentenced to $500.00 and $1,500.00 fines respectively, and one year supervised probation to include no hunting in an investigation titled MOTHER GOOSE investigated by SA Jack Baker.
On 12/07/04, after an all day bench trial in Federal Court in Elizabeth City, NC, subjects Bernard L. Morgan, Jr., and Bernard L. Morgan, III, were convicted of hunting migratory game birds by the aid of baiting, and/or/on/over a baited area. Joe Chishire, North Carolina's version of "F. Lee Bailey", represented Morgan and certainly earned his legal fee which several credible sources place at about $50,000.00. Chishire did his homework, i.e., motions to suppress, jury trial, etc.
The government filed a 404b motion to allow the introduction of Morgan's past waterfowl baiting violations (five or more) which didn't help Morgan's attempts to maintain his deniability of the bait. Morgan, Jr., was ordered to pay a $5,000.00 fine and one year supervised probation to include no hunting. Morgan, III, paid $1,000.00 and one year probation. This case was investigated by SA Jack Baker.
• In September, SA Allred charged a wildlife rehabilitator for transport and possession of Migratory Birds and raptors without a permit at the request of NCWRC. On December 15, 2004, Marilyn Frederick was found guilty in U.S. District Court in Durham, NC, of rehabilitating migratory birds without a federal permit. The subject was fined $290.00 with a $10.00 special assessment fee for a total of $300.00.
• Sentencing in U.S. District Court in Florence, SC, produced $10,500.00 in fines, two years probation, 60 hours community service, and loss of hunting privileges for four individuals convicted of placing bait, hunting over bait, and over limit of wood ducks. This case was investigated by SA Rebecca Elliott. See press release below:
December 16, 2004....
COLUMBIA, SC - United States Attorney J. Strom Thurmond, Jr., stated today that, Jon Edward Ham, age 52, Ronald C. Windham, age 50, Andrew A. Evans, age 47, and John Welborn Pusser, IV, age 25, all of Florence, SC, were sentenced yesterday in federal court in Florence, SC, for baiting in an area for the purpose of hunting wood ducks, a violation of Title 16, United States Code, Sections 704(b)(2) and 707(c), and Title 50 Code of Federal Regulation, Sections 21.11 and 20.21(i), shooting wood ducks over a baited field, a violation of Title 16, United States Code, Sections 704(b)(1) and 707(a), and shooting, aiding, abetting the shooting and taking of wood ducks in excess of the daily bag limit, a violation of Title 16, United States Code, Sections 703 and 707, and Title 18, United States Code, Section 2, and Title 50, Code of Federal Regulation, Section 20.24. United States Magistrate Judge Thomas E. Rogers, III, of Florence sentenced Ham, Windham, Evans, and Pusser to 2 years probation during which they must perform 60 hours of community service for the South Carolina Department of Natural Resources, and are prohibited from hunting, obtaining a hunting license or associating with hunting clubs. Pusser was fined $1,500.00, and Ham, Windham, and Evans were fined $3,000.00.
Evidence was previously presented at the guilty plea hearing to establish that on January 17, 2004, in Marion County in the District of South Carolina. South Carolina Department of Natural Resources (DNR) Officers were conducting surveillance in an area known for duck hunting. During the surveillance the officers observed Ham, Windham, Pusser, and Evans hunting ducks. The officers observed two ATVs, each with two 50-pound bags of corn in the back. Officers also observed Ham, Windham, Pusser, and Evans disperse 200 pounds of corn into the pond by driving the ATVs around the pond and stomping the corn into the pond.
On January 24, 2004, South Carolina DNA conducted surveillance on the same area. The officers observed Ham, Windham, Pusser, and Evans shoot and kill wood ducks over the baited pond. The officers made contact with the hunters and discovered 29 dead wood ducks. The bag limit for that season was two wood ducks per person.
The case was investigated by agents of the U.S. Fish & Wildlife Service and the South Carolina Department of Natural Resources. Assistant U.S. Attorney William E. Day, II, of the Florence office handled the case.
• 11/14/04 SA Elliott conducted an import inspection of 187 live raptors for the South Carolina Center for Birds of Prey. The inspection was conducted in Charleston, SC. SA Elliott worked in conjunction with U.S. Customs and U.S. Department of Agriculture. This unique shipment included a variety of raptors of Appendix I and Appendix II birds. Included in this shipment were white-tailed eagles, peregrine falcons, ferruginous pygmy owls, Eurasian Eagle Owls, and red kites. Charleston, SC, will be the new home for the International Center for Birds of Prey Center in Gloucestershire, England.
• SA Elliott received payments through the Central Violations Bureau totaling $4,000.00 for three Notices of Violation issued for over limit of wood ducks.
• On December 9, 2004, Gary Klusty was sentenced in Greenville, SC, Federal Court for violations of the Lacey Act. Klusty was involved in the interstate sale of two Bengal/Siberian tiger cubs and two mountain lion cubs. Klusty was ordered to pay a total of $1,350.00 and serve six months probation for the violations. This case was investigated by SA Erryl Wolgemuth.
• On October 9, 2004, Robert Cathey was charged in the U.S. District Court in Greenville, SC, by information for violations of the MBTA, "baiting of migratory birds". Cathey was ordered to serve 100 hours of community service, pay a fine of $1,500.00, and refrain from hunting of migratory birds while on probation. This case was investigated by SA Wolgemuth.
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