Poachers screwed

[JABIII]

Wildlife conviction in another state could prove costly for Oregon hunters

By MARK FREEMAN
Mail Tribune
Four Oregon hunting partners driving the backwoods of Idaho’s Latah County last Nov. 18 saw their pickup’s light illuminating what seemed to be the buck of the night — a white-tail frozen in the halogen glow about 35 yards off the roadway.

Sitting in the back seat, Andy Larrison of Oregon City pointed his shotgun across the lap of his son, Nick Larrison, who was aiming a spotlight at the buck. Andy Larrison fired through the open cab window, while Kyle Cordano, 32, of Tualatin, fired a rifle shot through another open window from the front passenger seat.

When the deer didn’t go down, the foursome realized it was a decoy. Knowing they’d been had, driver Greg Larrison — Nick’s brother — then sped away and tossed their guns out the window.

They were stopped 200 yards away by Idaho Fish and Game enforcement officers who had set the decoy deer in the woods that night specifically targeting this group whom wildlife officers suspected of spotlighting in the past, according to Idaho police reports.

Four days later, the two Larrisons and Cordano walked into a Idaho courtroom, pleaded guilty to a string of misdemeanors and paid their fines. They then went home, accepting a ban on hunting in Idaho for three years.

But they all kept their valid Oregon hunting licenses, and all had tags for an ongoing black-tail doe hunt in the Willamette Valley.

"We did the crime in Idaho," Andy Larrison says. "We were told it was all right to get (an Oregon) license and we were told it was fine."

But the trio’s Idaho problems now are following them home in an unprecedented wildlife case here. They could become the first Oregonians to lose their fishing and hunting privileges in Oregon because of a wildlife conviction in another state.

The Oregon Department of Fish and Wildlife is dusting off a never-used, 16-year-old law that allows it to seek in-state suspensions mirroring those imposed on Oregonians sentenced on fishing or hunting convictions in states that are part of the Wildlife Violators Compact.

Under the compact, the Oregon trio also can be denied hunting licenses and tags in all 18 compact states now stretching from the West to Maryland and Georgia.

"Hunting is a privilege," says ODFW Wildlife Division Administrator Ron Anglin, one of the forces behind the new flexing of an old muscle. "Now, they lose that privilege within member states."

The group has hired Salem lawyer Jesse Barton and plan on contesting the suspensions, Andy Larrison says. That would force an administrative hearing and decision that could end with the Oregon Fish and Wildlife Commission imposing the actual suspensions.

If enacted, the suspensions for the Larrisons and Cordano could last no longer than Nov. 22, 2007 — when their Idaho suspensions are scheduled to be lifted.

"We didn’t commit a crime in Oregon, so this is a whole different thing," Andy Larrison says.

The Larrisons and Cordano now grace a list of more than 3,500 people who live in one of the compact states and broke fishing or hunting laws in another.

"The bottom line is, these poachers don’t just stay home," says Lt. Walt Markee of the Oregon State Police’s Fish and Wildlife Division. "They travel around the country and violate laws. This is a way to hold them more accountable."

But more accountable doesn’t mean over-accountable, says Markee, who insists this isn’t two punishments for one crime.

"These guys did something outrageous in Idaho, but should be allowed to hunt here?" Markee says.

Markee says the process is similar to driving privileges in the United States. All the states participate in a compact in which suspensions of driving privileges issued in one state are recognized in all states.

As far back as the 1980s, Western states considered how an interstate compact could shrink the privileged world of American poachers. It finally gelled in 1989 when state legislators in Oregon, Colorado and Nevada forged the first interstate agreements for hunting and angling suspensions.

But Oregon’s law contained a provision that compact violators should have a process to appeal a planned suspension here.

That process, which includes a contested-case hearing, was only loosely spelled out and never defined, Anglin says.

"It fell by the wayside, and things went into limbo-land," Anglin says.

For years, Oregon was part of the solution on paper only. Other states expressed frustration over the inaction because non-participation also meant Oregonians convicted of poaching here could still qualify for licenses and tags elsewhere.

"These poachers are highly mobile," says Rob Buonamici, Nevada’s chief game warden. "If Oregon’s not participating in the compact, then my state and all the other states are still left to deal with these individuals. Oregon’s poachers are coming here, and ours are going there."

That began to change when Lindsay Ball jumped from heading OSP’s Fish and Wildlife Division to directorship of ODFW.

ODFW officials looked at the unused compact laws and set out to make them work.

"We’ve decided we either are in or out," Anglin says. "We won’t be in between, where we have it on the books but we won’t implement it."

Anglin, Markee and others spent the past nine months honing the administrative process. Just as they wrapped up the busy work earlier this year, Idaho fish and game wardens called ODFW about the Larrisons’ case.

"This is a test case for us," Anglin says.

"These were the ones who came onto our radar screen the same time we were setting the process up," Anglin says. "It could have been somebody different."

Andy Larrison takes no joy in being the answer to a wildlife trivia question. He believes Oregon retroactively has applied its new standards unfairly.

Larrison also objects to ODFW’s attempt to suspend his fishing privileges over a hunting crime. And he wonders whether he’s the target of a vendetta by Idaho game officers trying to make his outdoor life miserable because of his actions last Nov. 18 in the forests of Latah County.

"I don’t know, but for some reason, we’re the first ones they’re trying to stick this with," Larrison says. "This is all new to me

[JABIII]

These guys were caught. Imagine how many got away with it. Who the hell would need to BAIT one of the stupidest animals that walks in the woods?

Turkey Hunting Law Violation Arrests by DNR in District 4


Division of Natural Resources conservation officers in District 4 have made several wildlife law violation arrests related to the spring turkey hunting season that began April 25 and continues through May 21. District 4 includes the counties in southeastern West Virginia . All those arrested were taken to the magistrates in the county of their arrests for court processing.



• April 18, 2005 , Gauley Mountain , Fayette County , Robert Gale Koch, III of Ansted was charged with hunting during closed season, illegal possession of wildlife (turkey) and hunting without a license.



• April 25, 2005 , Tug Creek Mountain Road , Summers County , Josh Adkins, address unavailable, and Jason Chewning, address unavailable, were charged with hunting over bait.



• April 25, 2005 , Sun Mine Road , Fayette County , Charles Allen Fitzwater of Mount Hope and Herman Byers of Glen Jean were charged with hunting over bait and conspiracy to violate Chapter 20 ( West Virginia wildlife laws) of the West Virginia State Code.



• April 26, 2005 , Berry Mountain WMA, Fayette County , Edward H. Miles of Fayetteville and Bobby Clinton Blevins of Tourison were charged with hunting turkey by use of bait.



• April 26, 2005 , Hylton Village , Fayette County , James Richard Fling of Oak Hill was charged with hunting turkey by use of bait.

[tradorion]

SCDNR had a decent season with folks hunting over bait... it's one of my favorite cases to make but takes a load of footwork and time... tips are nice too!!

The Compact is an awesome thing- more and more states are getting in on it and hopefully SC will make it there before long... then just like a driving offense in SC follows you to most (i think 2 are not in the driver's license compact) other states hunting/fishing offenses will be able to follow poachers as well.

T

[Red]

I hope SC adopts the compact. We don't need someone else's rubberheads coming here screwing our land up, and I don't want our rubberheads following me out of state. We get a bad enough rap as it is.