Busted!

[JABIII]

U.S. Attorney Jane J. Boyle announced that Dallas resident, Donald W. Jones, was charged in a federal information with transportation of wildlife taken and possessed in violation of law, in violation of 16 U.S.C. § § 3372(a)(1) and 3373(d)(2). If convicted, Jones faces a maximum statutory sentence of one year imprisonment and a $100,000 fine. Jones, age 48, appeared before U.S. District Judge Jerry Buchmeyer on December 12, 2003, for his arraignment.

The information charges that on November 14, 2003, Donald W. Jones knowingly transported various species of migratory birds, including a whooping crane, a Gadwall, a blue-winged teal and a northern shoveler, when he should have known that the wildlife was taken and possessed in violation of law, specifically the Migratory Bird Treaty Act.

According to the U.S. Fish and Wildlife Service, whooping cranes are also listed as endangered under federal law. The crane recovered from Jones is believed to be one of four spotted in the Lake Bardwell area south of Dallas during the week of November 10. The bird was apparently shot late Friday, November 14. Biologists believe that the three remaining birds left the area Sunday, resuming their annual migration south for the Winter. There are an estimated 318 wild whooping cranes within the United States. The other waterfowl in Jones' possession, Gadwall, blue-winged teal, and northern shoveler, are species that can legally be hunted during the waterfowl season in Texas. That season, however, was not open when the birds were killed.

Waterfowl hunters have many opportunities each year to enjoy a resource that belongs to all Americans, and most do so within the boundaries set by federal and state regulations," said Special Agent in Charge of Law Enforcement Richard McDonald. "But there are specific times set aside for hunting and no open seasons at all for whooping cranes," McDonald continued.


"We hope that the charges in this case remind hunters and the public of our shared responsibility to conserve the Nation's migratory birds," added H. Dale Hall, Southwest U.S. Fish and Wildlife Service Regional Director.

"The law enforcement partnership between the U.S. Fish and Wildlife Service and Texas Parks and Wildlife led to the quick apprehension and resolution to this phase of the investigation," said McDonald.

"I'm proud of our game warden, who just graduated from our academy five months ago. He did a thorough job while checking this duck hunter and discovered the whooping crane. We are pleased to be working on this case with the U.S. Fish and Wildlife Service," said Col. James Stinebaugh, Director of Law Enforcement at the Texas Parks and Wildlife Department.

The case is being investigated by agents of the United States Fish and Wildlife Service and game wardens with the Texas Parks and Wildlife Department. The case is being prosecuted by Assistant U.S. Attorney Mark D. McBride.

[JABIII]

Dove Hunters Sentenced for Placing 1,000 Lbs. of Grain in Field

A father and son pled guilty and were sentenced for their role in placing bait in a dove field in Mason County, IL. The pair, both grain farmers, utilized farm machinery to spread over 1,000 lbs. of sunflower and popcorn seeds onto the field preparing for a large dove hunt. The father, who admitted to placing the grain, pled guilty to the Class A MBTA misdemeanor and was fined $2,500 and ordered to pay $2,500 restitution to the Lacey Act Reward Fund. His son, who pled guilty to hunting over bait, was fined $500 and ordered to pay $1,000 to the Lacey Act Reward Fund. Both subjects lost their hunting privileges until 11/13/04.

With the assistance of Conservation Police Officers from the Illinois DNR, SA Matt Bryant documented the baited field and contacted the hunters on opening day of the Illinois dove season Eighteen hunters were observed hunting doves on the baited field, however nobody but the father and son admitted knowing that the bait was present on the field. None of the guests were charged in the investigation.

[JABIII]

North Carolina Man Sentenced for Unauthorized Removal of Water From the Mattamuskeet National Wildlife Range

On Tuesday, January 12, 2004, Allen White Ballance was sentenced for illegally removing water from Mattamuskeet National Wildlife Refuge located in Hyde County, NC. In addition to the $28,000 that Ballance already paid in restitution to the USFWS in accordance with his plea agreement, he was sentenced to six months of supervised probation and received a $10,000 fine.

"This successful investigation represents the commitment of the Special Agents of the Service's Office of Law Enforcement to apprehend and bring to justice those who would unlawfully abuse the natural resources protected under the National Wildlife Refuge System," said Thomas M. Riley, Special Agent in Charge for the USFWS, Southeast Region.


According to testimony and evidence presented in court, Ballance unlawfully entered the Mattamuskeet National Wildlife Refuge on or about October 20, 2001, built an earthen dam, pumped water from the refuge and damaged refuge property. Based upon various factors__standing water in Ballance's impoundment, its 10-acre size, the amount of water necessary for saturation, and weather conditions__refuge authorities estimated that Ballance pumped an amount between 6.5 and 8.2 million gallons of water off refuge property from October 20, 2001, through October 24, 2001. As a result of his illegal activity, authorities noted that one of the refuge's impoundments was completely drained.


National wildlife refuges are lands dedicated to wildlife and Mattamuskeet National Wildlife contains prime habitat for waterfowl. Ballance pilfered water from the 429 acre impoundment on the refuge to benefit his adjacent property which serves as grounds for his hunting club. This violation took place during peak wintering waterfowl populations, in which an estimated 8,000-11,000 ducks per day depend upon the impoundment. After Ballance drained the impoundment, not a single duck was observed during the entire winter season. The area had been under drought conditions and it is estimated that as many as 11,000 ducks had to seek alternative habitat and risk mortality.


This case was investigated by Fish and Wildlife Service Special Agents Jack Baker and Tom Bennett and was prosecuted by Assistant U.S. Attorney Banumathi Rangarajan for the Eastern District of North Carolina. Chief U.S. District Judge, Terrence W. Boyle presided.

[JABIII]

Guilty in Kentucky

On December 17, 2003, SA Bob Snow appeared in U.S. Magistrate Court, bowling Green, KY, for the arraignment of two Kentucky residents who were charged in a two count Information for (1) the placement of bait; and (2) dove hunting over bait. One pled guilty and was sentenced (as to count 1) to pay a $1,000 fine and placed on two years unsupervised probation during which time he is prohibited from hunting migratory birds anywhere in the U.S.; and as to count 2 to pay a $250 fine. The other individual was charged on the Information for dove hunting over bait (third offense). He pled guilty and was sentenced to 15 days in federal prison, all of which was probated, ordered to pay a $1,000 fine, and placed on two years unsupervised probation during which time he is prohibited from hunting anything, anywhere, in the United States.

[JABIII]

Upon receiving information that a large over limit of geese had been taken the weekend of 01/10/04, officers from the Kansas Department of Wildlife and Parks contacted a Kansas Special Agent to assist with the investigation. The complaint stated that 147 geese and some ducks had been killed the previous Saturday by a group of hunters from Argonia and Attica, KS. The remains from 117 Canada geese, 24 snow geese, 6 white fronted geese, and 3 mallards were subsequently found at a local landfill site near Attica. It was learned that the same group was going hunting again on Saturday 01/17/04. In the early morning of 01/17/04, surveillance was set up at two residences, one in Argonia and one in Attica, where it was believed the hunters would return after the hunt to clean the birds. The hunters were observed leaving the Attica home early in the morning and returned about two hours later.

The Special Agent subsequently found three hunters, one of which was a deputy sheriff, cleaning a pile of 28 Canada geese and 3 snow geese. Upon interviewing the group, it was learned that a fourth hunter had been with them who was nearby, so he was contacted and escorted back to the group. The limit is three Canada geese per day so the group was well over their daily bag and possession limits. The group also admitted to killing the 147 geese the previous Saturday and to killing over 30 geese the weekend before. A fifth hunter (who was the fourth hunter in the group on 01/10/04) was also named and interviewed. All the hunters admitted to the violations and to knowing their activities were illegal. All birds, including those from the previous weekends, were voluntarily surrendered to the officers. Other violations found included an unplugged shotgun and unsigned stamps.

[Sasha and Abby]

I'm just thankful that they were not from South Carolina.

[KRT]

Originally posted by Sasha and Abby:
I'm just thankful that they were not from South Carolina.

Yeah really