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MARCH 2008 NEWS |
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HARVEY MAN CITED FOR KILLING BOBCAT ON SALVADOR
WILDLIFE MANAGEMENT AREA
DUMP SITE LEADS TO LITTER INVESTIGATION AND CRIMINAL CHARGES AGENTS IN VERMILION PARISH SEIZE 438 SACKS OF OYSTERS FRANKLIN PARISH DOVE HUNTER SENTENCED IN FEDERAL COURT L.D.W.F AGENTS MAKE FELONY ARREST ON THREE RIVERS W.M.A. ALLEGED NIGHT HUNTING LEADS TO SEVERAL VIOLATIONS FOR ST. TAMMANY MEN HONDURAN MAN ARRESTED ON TAKING GAME FISH ILLEGALLY AND LICENSE VIOLATIONS MAN CITED FOR KILLING TWO HEN TURKEYS THREE SENTENCED FOR DUCK HUNTING VIOLATIONS BY U.S. MAGISTRATE
VIOLET MAN
CITED FOR TAKING UNDERSIZE OYSTERS
HARVEY MAN CITED FOR KILLING BOBCAT ON SALVADOR WILDLIFE MANAGEMENT AREA A Louisiana Department of Wildlife and Fisheries Enforcement Division agent cited Sylvester Badeaux III, 37, of Harvey, on Feb. 23 for alleged hunting violations. Badeaux was in possession of several rabbits and a bobcat, which he had allegedly killed while on the Salvador Wildlife Management Area (WMA). Badeaux was cited for hunting on a WMA without a WMA hunting permit and for not abiding by commission rules and regulations on a WMA. During a patrol of the Salvador Management Area, Agent Ray Champagne stopped Badeaux for a license compliance inspection and discovered Badeaux in possession of the rabbits and bobcat. During the inspection, Badeaux was found to be hunting on the WMA without a WMA hunting permit and in possession of the illegally taken bobcat. State law prohibits the taking of bobcats on WMAs. The bobcat was seized and is being held as evidence. The maximum fines for hunting on a WMA without a WMA hunting permit and not abiding by commission rules and regulations on a WMA are $350 each, or imprisonment for up to 60 days, or both, plus court costs for each violation. DUMP SITE LEADS TO LITTER INVESTIGATION AND CRIMINAL CHARGES Louisiana Department of Wildlife and Fisheries Enforcement Division agents cited Dale Parria, 43, of Jean Lafitte, on Feb. 19 for an alleged littering violation in Jefferson Parish. On Feb. 9, Agent Ray Champagne was on patrol in Jefferson Parish in the area of the Number 9 Levee near the town of Lafitte when he located a large pile of debris consisting of household refuse and construction debris. After a brief investigation, personal information belonging to Parria was discovered in the trash. On Feb. 19, agents located Parria at his residence and questioned him about the trash. Parria initially denied having anything to do with the trash, but after a few minutes of questioning admitted to dumping the trash and was charged with gross littering. On Feb. 28, agents checked the area and the trash had been removed. The 24th Judicial District of Jefferson Parish will determine criminal penalties. Agents participating in the investigation were Sgt. Ray Champagne and Agent Tim Fox. AGENTS IN VERMILION PARISH SEIZE 438 SACKS OF OYSTERS Louisiana Department of Wildlife and Fisheries Enforcement Division agents cited four men in Vermilion Parish for oyster violations within four days during the month of February. On Feb. 19, Jluz Rodriguez Cervantes, 34, and Jose Miguel Rodriguez-Flores, 29, both from Houma were cited for allegedly violating sanitation regulations. The two had harvested oysters the previous day and kept the oysters onboard one of the vessels overnight. Flores did not tag his oysters before transferring them onto the other vessel. Cervantes had not tagged his oysters from the previous day and did not fill out his harvester’s logbook correctly. Agents seized and returned 208 sacks of oysters to the water. On Feb. 22, Jody Anthony Hebert, 35, of Abbeville was cited for allegedly possessing over 10 percent of untagged oysters. These oysters were located at his local restaurant and were intended for raw consumption. Five sacks of oysters were seized and returned to the water. Agents also cited John William Parker Jr., 55, of New Iberia for allegedly possessing over 10 percent of untagged and improperly tagged oysters and for failing to maintain traceable oyster records. The oysters were located at a shucking facility near Abbeville. There were 200 sacks of oysters that were tagged with the wrong date, 21 sacks of oysters that were mixed from different harvest locations and four sacks that were found to be untagged. All 225 sacks of oysters were seized and returned to the water. The penalty for violating the sanitation code is $25, or up to 10 days in jail or both. The penalties for possessing over 10 percent of untagged or improperly tagged oysters and for failing to maintain traceable oyster records are fines of $250 to $500, or jail time up to 90 days, or both plus court costs. Agents participating in the cases were Senior Agents Justin Sonnier, Lonnie Campbell, Gene Viator, Jason Dreher and Ladd Turner. FRANKLIN PARISH DOVE HUNTER SENTENCED IN FEDERAL COURT Gregory W. Taylor, 40, of Winnsboro, entered a guilty plea to taking over the daily limit of doves before U.S. Magistrate Judge Karen Hayes in Monroe on Feb. 19. Taylor was ordered to pay a fine of $200 and pay $50 for each of the 30 doves in excess of the daily limit. He was also ordered to pay $10 to the criminal victims fund, for a total of $1,710 in fines. Louisiana Department of Wildlife and Fisheries Enforcement Division agents cited Taylor for taking over the daily limit of doves on Sept. 1, 2007. Agents cited Taylor after contacting him while he was hunting, and found him to be in possession of 42 mourning doves. The daily limit is 12. Assistant U.S. Attorney Kristina Walker prosecuted the case. Agents participating in the case were Sgt. Scott Watson, Sgt. Joe Chandler Jr. and Agent Leya Grover. L.D.W.F AGENTS MAKE FELONY ARREST ON THREE RIVERS W.M.A. Louisiana Department of Wildlife and Fisheries Enforcement Division agents arrested Daniel Austin Stein, 21, and Thomas Dane Henson, 21, both of Baton Rouge, on Feb. 16, for alleged Wildlife Management Area (WMA) and drug violations. While on patrol, agents observed a vehicle located on an all-terrain vehicle only (ATV) trail on Three Rivers WMA in Concordia Parish. When agents made contact with Henson and Stein, they found them to be in possession of a substance suspected to be marijuana. Both individuals were also charged with possession of a firearm while in possession of marijuana, possession of illegal firearms and camping in an undesignated camping area. Stein was also charged with using somebody else’s recreational hunting license, hunting without a basic hunting license, hunting without a WMA hunting permit and resisting an officer. Henson was additionally charged with possession of a firearm by a convicted felon. If convicted of possession of marijuana, it would constitute Henson’s second conviction for this offense. Agents seized a 30-30 rifle, a .44 caliber rifle and alleged marijuana for evidence. First offense possession of marijuana carries a maximum penalty of $500, jail time up to six months, or both, plus court costs. Second offense possession of marijuana carries a fine up to $2,000, jail time up to five years, or both, plus court costs. Possession of a firearm while in possession of marijuana carries a fine up to $10,000 and jail time up to 10 years. Resisting an officer carries a fine up to $500, jail time up to six months, or both, plus court costs. Possession of a firearm by a convicted felon carries a fine up to $5,000, and jail time up to 15 years. Hunting without a basic hunting license carries a $50 fine, up to 15 days in jail, or both. Hunting on WMA without a WMA hunting permit and failure to abide by WMA rules and regulations each carry a fine up to $350, jail time up to 60 days, or both plus court costs. Using somebody else’s recreational hunting license carries a fine up to $500, jail time up to 90 days, or both, plus court costs. Agents participating in the case were Senior Agents Charles Ferrington and Trey Mason, and Sgt. Russ Kiser. ALLEGED NIGHT HUNTING LEADS TO SEVERAL VIOLATIONS FOR ST. TAMMANY MEN Louisiana Department of Wildlife and Fisheries Enforcement Division agents cited two St. Tammany Parish men on two separate occasions for alleged night hunting violations on the Pearl River Wildlife Management Area (WMA) on Feb. 9 and 20. Agents observed Douglas D. Danton, 30, of Pearl River, hunting non-game quadrupeds from a vessel on the Pearl River WMA on Feb. 9. The investigation revealed Danton, a participant in the Coastwide Nutria Control Program, had illegally killed 37 nutria prior to his apprehension. Agents also found in possession of three undersized red drum. Agents seized 37 nutria, three red drum and a .22 caliber rifle. On Feb. 20, agents cited Elwood A. Matherne Sr., 66, of Slidell, after he was seen taking non-game quadrupeds from a vessel at night within the boundaries of the Pearl River WMA. Matherne, also a participant in the Coastwide Nutria Control Program had illegally taken 33 nutria prior to his apprehension. The 33 nutria and a .22 caliber rifle were seized. Both Danton and Matherne were cited for taking non-game quadrapeds illegally, failure to abide by WMA rules and regulations and violating Louisiana Wildlife and Fisheries Commission (LWFC) rules and regulations by taking nutria from a vessel and at night. Agents also cited Danton for possessing three undersized red drum. Taking non-game quadrupeds during illegal hours is punishable by fines of $900 to $950, or jail time up to 120 days, or both, plus court costs and forfeiture of anything seized. Failure to abide by WMA rules and regulations, violating LWFC rules and regulations and taking undersized red drum are each punishable by fines of $100 to $350, or jail time up to 60 days, or both plus court costs. Agents participating in both cases were Sgts. Darryl Galloway and Chuck Strain, and Senior Agents Richard Clark, Joel Cromp, Keith Francis and Robert Larson. HONDURAN MAN ARRESTED ON TAKING GAME FISH ILLEGALLY AND LICENSE VIOLATIONS Louisiana Department of Wildlife and Fisheries Enforcement Division agents arrested an Orleans Parish resident for alleged license violations and allegedly taking game fish illegally with a cast net on Feb. 5. Agents spotted Jimmy Martinez, 29, originally from Honduras, throwing a cast net from the road in Delacroix, in St. Bernard Parish. A license compliance check revealed Martinez did not have the required licenses and it was determined that Martinez had illegally taken 25 freshwater game fish with a cast net. Agents found and seized eight bass and 17 bream in connection with the violation. Because Martinez did not have any identification, agents arrested him for taking game fish illegally with a cast net and for angling without basic and saltwater licenses. He was transported to the St. Bernard Parish lock-up with the aid of St. Bernard Sheriff’s Office deputies. Taking and possessing game fish illegally with a cast net is a Class 4 violation carrying a fine between $400 and $950, or jail time up to 120 days, or both plus court costs and forfeiture of anything seized. Angling without basic and saltwater non-resident licenses are Class 2 violations and carry a fine between $100 and $350 each, or jail time up to 60 days, or both plus court costs. Agents participating in the case were Sgt. Scot Keller, Sgt. Bryan Marie and Senior Agent Kris Bourgeois. MAN CITED FOR KILLING TWO HEN TURKEYS Louisiana Department of Wildlife and Fisheries Enforcement Division agents cited Jackie R. Ganson, 54, of Hineston, for allegedly killing two turkeys illegally in Vernon Parish on Jan. 12, 2008. Agents began looking into a complaint that Ganson had killed two turkeys near his home on R.J. Hilton Road on Jan. 10, 2008. After a thorough investigation, Ganson was cited for two counts of taking a turkey during a closed season and two counts of possessing an illegally taken turkey. Upon questioning, Ganson admitted to agents to killing two hen turkeys near his home and then dumping the remains nearby. The cleaned turkeys were recovered and seized for evidence along with the 12-gauge Mossberg shotgun used to kill them. A request for a court-ordered restitution to LDWF in the amount of $1,605 will be filed along with the citations for the illegally taken turkeys. The penalty for taking a turkey during a closed season is a fine of $900 to $950, or jail time up to 120 days, or both plus court costs and forfeiture of anything seized in conjunction with the case. Possession of an illegally taken turkey is punishable by a fine of $400 to $950, or jail time up to 120 days, or both plus court costs and forfeiture of anything seized. Agents participating in the case were Sgt. Curt Belton, Senior Agents Russell Brack, Scotty Delaney, and Eric Droddy along with Vernon Parish Sheriff’s Deputy Mike Martin. THREE SENTENCED FOR DUCK HUNTING VIOLATIONS BY U.S. MAGISTRATE Dr. Bryan C. McCann, 62, of Marksville, Michael Bordelon, 56, of Houma, and Tammy J. Lemoine, 48, of Mansura, each pled guilty on Jan. 23, 2008, in U.S. Magistrate Court in Alexandria to violating the Migratory Bird Treaty Act. U.S. Magistrate James D. Kirk accepted the guilty pleas, ordered fines, placed them on supervised probation and revoked their hunting privileges for three years. Bordelon, Lemoine, and McCann pled guilty to taking over the legal limit of ducks. Lemoine and McCann also pled guilty to violating non-toxic shot requirements for using lead shot, and McCann pled guilty to hunting with an unplugged gun. Kirk ordered McCann to pay $5,730 in fines, Lemoine to pay $1,420 in fines, and Bordelon to pay $1,010 in fines. Kirk also ordered all three men to perform 80 hours of community service, placed each man on supervised probation for three years and revoked their hunting privileges for three years. The guilty pleas stem from the three men found possessing 48 ducks on Jan. 20, 2007 by the Louisiana Department of Wildlife and Fisheries Enforcement Division. Senior Agent Douglas Anderson Jr. was on patrol near Brouillette when he heard gunshots coming from McCann’s property and went to investigate. Anderson found the three men and a 14-year-old juvenile in a duck blind and watched them hunt for about an hour. When the four stopped hunting, Anderson identified himself and began checking licenses, equipment and ducks. He found 48 ducks, which was twice the daily limit. A total of 80 lead shot shells were seized in the case. The 48 ducks were also seized and later donated to charity. Assistant U. S. Attorney Joseph Michael prosecuted the case. Sgt. Travis Burnett and Agent Byron Cammack also participated in the case.
VIOLET MAN CITED FOR TAKING UNDERSIZE OYSTERS Agents were patrolling in the lower St. Bernard area known as Hopedale when they observed 14 pallets of oysters located outside of refrigeration at a seafood dock. Further investigation by the agents revealed the oysters were harvested by Nicoscia. Agents determined that the oysters were taken from public grounds where a 3-inch minimum size is required. Oyster fishermen are allowed a 15 percent tolerance of undersized oysters. The lot of oysters was found to be in violation, and 262 sacks of oysters were returned to the water. Taking undersized oysters from a natural reef carries a fine up to $350, imprisonment up to 60 days, or both plus court costs. Upon conviction, offenders may be required to take oysters only from vessels equipped with an approved vessel monitoring system. Agents participating in the investigation were Lt. Eddie Skena, Sgt. Scot Keller, Sgt. Bryan Marie, Lt. Billy Gomillion, Senior Agent Mike Garitty, Senior Agent Kris Bourgeois and Agent Timothy Fox. JOINT ENFORCEMENT EFFORT PROVES SUCCESSFUL IN LAKE BORGNE Louisiana Department of Wildlife and Fisheries (LDWF) Enforcement Division Agents and St. Bernard Parish Sheriff’s Office (SBPSO) deputies assigned to the Special Investigations Division collaborated on a joint enforcement effort in the waters of St. Bernard Parish On Jan. 23, The patrol area was focused in the southern portion of Lake Borgne, where a large amount of commercial oyster fishing vessels had been taking oysters from the Louisiana State Public Seed Grounds. The LDWF Region 8 office received numerous complaints regarding oyster violations, the use of illegal narcotics and undocumented workers in the area. When LDWF and SBPSO patrol vessels responded, the agents and deputies observed approximately 50 oyster fishing vessels in the area of Lake Borgne near Petit Pass and Half Moon Island. During the patrol, numerous citations were issued for alleged oyster violations and arrests were made on alleged drug charges and court ordered warrants. Louisiana law mandates that the minimum size limit on oysters taken from the public seed grounds be 3 inches in length. Commercial oyster fishermen are allowed a 15 percent tolerance of undersized oysters and are also required to complete a logbook stating the area the oysters were taken from and the date taken. Lawrence Nicosia, 44, of Violet, David Frazier, 44, of St. Bernard, and Manuel Garcia, 68, of New Orleans were all arrested and incarcerated for taking undersized oysters from a natural reef, illegal possession of hydrocodone and marijuana, and possession of drug paraphernalia. Nicosia was also arrested on court ordered warrants for previous oyster violations, and Frazier for previous simple battery charges. Mark Phillips Jr., 24, of Belle Chasse, Chad Phillips, 25, of Marrero, Todd Sylve, 25, of Harvey, Jose Perez, 47, and Gustavo Duran, 30, of Bacliff, Texas, and J. Luis Rivas, 39, and Jose Cervantes, 26, of Houston, Texas were all cited for taking undersized oysters from a natural reef. Because of their undeclared status, Cosme Gonzales, 46, and Ruben Martinez, 20, of Mexico were arrested for the offense and incarcerated. Mark Phillips Jr. was also found to have active court ordered warrants from St. Bernard Parish and was arrested and incarcerated. Emile Evans, 63, of St. Bernard, Jonathan Phillips, 31, of Marrero, and Emile Serigne, 43, of St. Bernard were all cited for violating sanitation codes regarding logbooks. Phillips was also cited for taking undersized oysters and Serigne for commercial license violations. Rodney Bass, 39, of Bay St. Louis, Mississippi and Glenn Mankin, 31, of Braithwaite were arrested and incarcerated for illegal possession of marijuana and drug paraphernalia. Bass was also a fugitive from Plaquemines Parish for failure to appear in court. A total of 18 criminal citations were issued and two arrests made on oyster violations, five arrests were made on illegal drug charges, and four arrests were made on court ordered warrants. In addition, 437 sacks of oysters were seized and returned to the Public Seed Grounds. The oyster violations carry penalties ranging from $100 to $950 or jail for not more than 60 to 120 days or both, plus court costs. The logbook violations carry a penalty of $25 or not more than 10 days in jail, or both. The illegal drug violations range from fines to imprisonment of not less than five years. Involved in the cases were LDWF agents from Region 8 Oyster Strike Force Statewide Strike Force and deputies from the St Bernard Parish Sheriff’s Office Special Investigations Division. |