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NOVEMBER 2004 NEWS |
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WEST BATON ROUGE PARISH NIGHT HUNTERS CAUGHT HUNTER CAUGHT WITH ILLEGAL DEER ON KISATCHIE NATIONAL FOREST NIGHT HUNTER NABBED IN WINN PARISH
OUACHITA PARISH MAN CITED FOR ILLEGALLY TAKING DEER LOUISIANA SHRIMPERS RECEIVE ADDITIONAL TEMPORARY TED EXEMPTION
GOLFERS GLAD TO SEE WILDLIFE AGENT
WINNSBORO MAN ARRESTED FOR TRAFFICKING OF DEER MEAT AND
GAME FISH LITTERING VIOLATIONS FOR THE MONTH OF SEPTEMBER SHRIMP TRADE ACTION ADVISORY COUNCIL TO MEET SEAFOOD DEALER SENTENCED FOR FEDERAL VIOLATIONS THREE BELLE CHASSE MEN PLEAD GUILTY TO NIGHT HUNTING THEFT RING UNCOVERED BY ENFORCEMENT AGENTS TENSAS PARISH FISH SHOCKER SENTENCED IN DISTRICT COURT ALLIGATOR SNAPPING TURTLE HARVEST LIMITED L.D.W.F. ENFORCEMENT AGENTS ATTEND BOATING ACCIDENT INVESTIGATION COURSE HUNTERS TAGGED WITH D.M.A.P. AND LADT VIOLATIONS HUNTER BAGGED ON BOISE VERNON W.M.A. WITH OVER LIMIT OF DEER OLLA MAN CITED FOR POSSESSION OF OVER LIMIT OF DEER BATON ROUGE SEAFOOD DEALER SENTENCED TO 20 YEARS
WEST BATON ROUGE PARISH
NIGHT HUNTERS CAUGHT
HUNTER CAUGHT WITH
ILLEGAL DEER ON KISATCHIE NATIONAL FOREST
NIGHT HUNTER NABBED IN
WINN PARISH
OUACHITA PARISH MAN
CITED FOR ILLEGALLY TAKING DEER
OUACHITA PARISH MAN
CITED FOR TAKING OVER LIMIT OF DEER
LOUISIANA SHRIMPERS RECEIVE ADDITIONAL TEMPORARY
TED EXEMPTION
GOLFERS GLAD TO SEE
WILDLIFE AGENT
CHALMETTE MAN
CITED FOR OVER LIMIT OF COOTS
WILDLIFE ENFORCEMENT
AGENTS TEAM WITH D.U. FOR YOUTH DAY
HUNTERS ASKED TO LOOK
OUT FOR BEAR
WINNSBORO MAN
ARRESTED FOR TRAFFICKING OF DEER MEAT AND GAME FISH
DUBACH MAN SENTENCED
FOR OVER LIMIT OF DOVES
L.D.W.F. ANNOUNCES
PROMOTIONS WITHIN ENFORCEMENT DIVISION
NOTICE OF INTENT TO ALLOW TAKING OF EXOTICS ACCEPTED The Louisiana Wildlife and Fisheries Commission voted to accept a notice of intent to expand the taking of certain exotic fish in Louisiana waters. Commercial fishermen can already harvest exotic species of fish caught in the wild with most commercial gears. However, shad gill nets can only be used to harvest shad and skipjack herring. Mullet strike nets can only be used to harvest mullet. The proposed notice of intent will allow commercial fishermen to harvest designated exotic fish, as bycatch, when using these nets to capture target species. The vote was unanimous at the commission's November 4 meeting.
Gary Tilyou, Assistant Division Administrator for the Inland Fisheries Division of the Louisiana Department of Wildlife and Fisheries, presented the notice to the commission. According to Tilyou, this move is one step in addressing the invasive and potentially damaging species. The species covered in the notice of intent are grass, silver, bighead and black carp.
The notice of intent will be subjected to a 120-day public comment period, at which time the commission will vote on its ratification.
LITTERING VIOLATIONS FOR THE MONTH OF SEPTEMBER The Chief of the Louisiana Wildlife and Fisheries Law Enforcement Division, Colonel Winton Vidrine announced 26 individuals charged for alleged violations of the state's intentional littering laws and one individual charged for alleged violation of the state's gross littering law for the month of September 2004. The following is a list of alleged violators, their age, place of residence and the parish in which they were charged.
Eugene L. Baker, 64, of Arabi, in St. Tammany Parish; Eugene L. Bordelon Jr., 48, of Marksville, in Lasalle Parish; Ashley R. Burnett, 20, of Deridder, in Beauregard Parish; William Carr, 49, of Lutcher, in St. James Parish; Alice C. Gautreaux, 49, of Houma, in Terrebonne Parish; Brandi L. Gill, 19, of Deridder, in Beauregard Parish; Clayton Patrick Gray, 47, of Sulphur, in Vernon Parish; William Vance Greer, 19, of West Monroe, in Union Parish; Catherine D. Hargrove, 34, of Alexandria, in Lasalle Parish; Christopher M. Henningsen, 19, of Hammond, in Tangipahoa Parish; Michael Allen Huddleston, 25, of Plain Dealing, in Webster Parish; Cedric Maurice Johnson, 38, of Bastrop, in Morehouse Parish; Wilbert E. Landry, 75, of Pierre Part, in St. Martin Parish; Marty Gerard Louque, 20, of Paulina, in St. James Parish; Ronald L. Moore, 47, of Arcadia, in Claiborne Parish; Hunter R. Mullikin, 48, of Natchitoches, in Natchitoches Parish; Myrtle Michelle Pugh, 37, of Lafayette, in Lafayette Parish; Moises J. Rodriguez, 57, of Chalmette, in St. Bernard Parish; Conrad Joseph Rousseau, 32, of Leesville, in Vernon Parish; Tamala Bullions Rye, 37, of Alexandria, in Lasalle Parish; Jay Demerio Scott, 31, of Alexandria, in Lasalle Parish; Emmanuel Trotter, 56, of Picayune, Miss., in St. Tammany Parish; Chi Truong, 49, of New Iberia, in Iberia Parish; Jessie Ray Vaughn Jr., 35, of Lecompte, in Lasalle Parish; Terrel James Williams, 16, of Albany, in St. John Parish; and Esau Williams Jr., 36, of Alexandria, in Lasalle.
Andrew Steve Borosh, 49, of Hammond, was charged with Gross Littering inTangipahoa Parish.
SHRIMP TRADE ACTION ADVISORY COUNCIL TO MEET The Louisiana Wild Caught Shrimp Trade Action Advisory Council will meet Wednesday, November 17, at 10 a.m. in the Louisiana Room at the Department of Wildlife and Fisheries building in Baton Rouge. In an effort to assist trade action efforts targeting the illegal dumping of foreign shrimp into U.S. markets, Governor Kathleen Blanco has issued Executive Order KBB 2004-05 which reestablished the Louisiana Wild Caught Shrimp Trade Action Advisory Council. The Council's duties include supporting and assisting a trade action brought by a consolidated wild caught shrimp industry, exploring anddeveloping funding sources and mechanisms to assist and support such trade action, and recommending proposed legislation to fund the trade action. Council members are appointed by the Governor and include shrimp industry representatives, state legislators and representatives from the Governor's Office and the Louisiana Department of Wildlife and Fisheries.
According to Council Chairman John Roussel, Assistant Secretary of the LDWF, the wild caught shrimp industry is an integral part of Louisiana's history and culture as well as a major component of the state's economy providing employment and tax revenue to the state. Louisiana commercial shrimp landings totaled 126.2 million pounds (heads-on weight) and had a dockside value of approximately $136.4 million in 2003.
SEAFOOD DEALER SENTENCED FOR FEDERAL VIOLATIONS U. S. Attorney Jim Letten, Acting Special Agent in charge of NOAA Fisheries Dave McKinney, and Colonel Winton Vidrine of the Louisiana Department of Wildlife and Fisheries announced on October 27, that U. S. District Judge Helen G. Berigan handed down sentencing for Chinatown Seafood Company, L.L.C. The seafood dealer was ordered to pay a $50,000 fine and to serve a five-year term of probation for illegally selling shrimp in interstate commerce. The illegal sales are violations of the Lacey Act, Title 16, United States Code, Sections 3372 and 3373.
Chinatown Seafood Company, L.L.C. had previously pled guilty to selling more than 3,000 pounds of dried shrimp in interstate commerce in violation of federal law. At the time of the shrimp sales charged in the bill of information, Chinatown Seafood Company, L.L.C. did not have a valid Louisiana seafood wholesaler's license as required by Louisiana law.
The owner of Chinatown Seafood Company, L.L.C., Robert J. Collins Jr., 45 of Grand Isle, was previously convicted of Lacey Act violations involving the interstate shipment of red snapper during closed season.
The Louisiana Department of Wildlife and Fisheries and the National Marine Fisheries Service investigated the case. Assistant U. S. Attorney Billy Gibbens prosecuted the case.
Participating in the investigation were Sgt. Jay Diez, Sr. Agent Billy Gomillion, Sr. Agent Buck Hampton and Special Agent Steve Campbell with NOAA Office of Enforcement.
THREE BELLE CHASSE MEN PLEAD GUILTY TO NIGHT HUNTING On October 27, Michael Fountain, 20, Scott Vicknair, 19, and Steven Vicknair, 20, all of Belle Chasse, pled guilty to several hunting violations before Judge Marilyn Lambert of the 23rd Judicial District Court in Ascension Parish. The violations stemmed from a night hunting incident on November 5, 2003 in Ascension Parish.
The men pled guilty to taking deer during illegal hours, hunting from a moving vehicle, taking deer by illegal methods, criminal trespassing and unauthorized use of a movable. The violations occurred during a night hunting spree in which the trio killed one doe, two bucks, and a spotted fawn from a moving vehicle.
Judge Lambert sentenced each of the three to six months in jail, suspended the jail time and placed them on one year of supervised probation. They were also ordered to perform 50 hours of community service, pay a fine of $1,000 and have their hunting rights suspended for one year. Judge Lambert ordered the forfeiture of all hunting equipment seized in connection with the violations, including a rifle, knives and an ice chest. . The three men also face civil restitution for the value of the four deer, assessed at $524.00 per deer.
Assistant District Attorney Richard Johnson prosecuted the case for the state. Agents participating in the case were Captain Brian Clark; Lieutenants Robert Martin and Allen Adam; Sergeant Rachel Zechenelly; and Senior Agents Kris Bourgeois, Jason Russo, Jason Gernados, Roy Pier, and Villere Reggio.
THEFT RING UNCOVERED BY ENFORCEMENT AGENTS The October 9 arrest of Gregory J. Fontenot, 18, of Mamou by enforcement agents from the Louisiana Department of Wildlife and Fisheries led to a joint investigation with the Evangeline Parish Sheriff's Office and the arrests of three other men for possession of stolen property.
While issuing Fontenot a citation for allegedly discharging a rifle from Wagon Trail Road, the agents noticed the serial number had been ground off the firearm. Fontenot was then arrested for allegedly possessing an unidentifiable firearm. The Evangeline Parish Sheriff's Office was notified about the rifle. The ensuing investigation resulted in the arrests of three men and the recovery of 11 stolen firearms, two 2-way radios, two compound bows with associated equipment, a 25-inch color television, a DVD player and a VCR unit. The total value of the stolen property was about $9,150, according to the sheriff's office.
Brandon Lee Ray, 18, of Mamou and Jonathan West, 19, of Baton Rouge were arrested and charged with theft and burglary. Dwayne Dupre, 36, of Mamou was arrested and charged with possession of stolen goods.
The penalty for theft when the misappropriation amounts to more than $500 is a fine of not more than $3,000, imprisonment for not more than 10 years with or without hard labor, or both. The penalty for simple burglary is a fine of not more than $2,000, imprisonment with or without hard labor for not more than 12 years, or both.
The penalty for possession of an unidentifiable firearm is a fine of not more than $1,000, imprisonment for not more than six months, or both. The penalty for discharging a firearm from a public road is $50, jail for not more than 30 days, or both.
Participating in the case were Wildlife Enforcement Sergeant Chris Cormier, Senior Agent Scott Fontenot, Senior Agent Steve Vidrine, U.S. Fish and Wildlife Service Special Agent Flip Siragusa, and Evangeline Parish Sheriff's Detective Keith Dupre.
TENSAS PARISH FISH SHOCKER SENTENCED IN DISTRICT COURT On the morning of August 14, Thomas Oran Cockerham Jr., 46 of Ferriday was arrested by enforcement agents from the Louisiana Department of Wildlife and Fisheries for taking fish illegally. Cockerham was arrested after agents witnessed him using a shocking device to take catfish from the Mississippi River.
On October 21, Cockerham went before Sixth Judicial District Court Judge John D. Crigler with Assistant District Attorney James E. Paxton representing the state. Cockerham entered a plea of guilty to the charge of taking fish illegally. He was ordered to pay a fine of $1028, plus $104.50 in court costs, $100 for cost of prosecution, and $7 in clerk fees. In addition, Cockerham was sentenced to a six-month jail sentence, which was suspended. He was placed on supervised probation for 18 months with a $30 per month supervision fee and the provision that his hunting and fishing privileges be suspended for 120 days.
Louisiana Department of Wildlife and Fisheries Enforcement Agents who participated in this case were Lt. John Rhodes, Sergeants Larry May and Gene Wilson, and Sr. Agent Joe Chandler Jr.
ALLIGATOR SNAPPING TURTLE HARVEST LIMITED The alligator snapping turtle, or loggerhead, once a common site in Louisiana markets, can no longer be trapped for commercial sale. Louisiana Department of Wildlife and Fisheries Secretary Dwight Landreneau has signed a regulation that not only bans commercial harvest, but limits personal take of the turtles to one-per-day per boat or vehicle.
America's largest freshwater turtle was once processed by the thousands each year in Louisiana, ending up in turtle soups and gumbos. Although that market had waned during the 1980s, biologists were concerned that loggerhead populations and their habitat were decreased. In response, LDWF placed commercial size and recreational take limits on the turtles in 1993.
To determine population levels, the U.S. Fish and Wildlife Service funded a five-year study in which two Louisiana trappers caught, tagged and released nearly 550 alligator snappers. Those results, as well as numbers trapped in other states, satisfied the Fish and Wildlife Service that the turtles did not require Federal regulation.
By 1998 Louisiana was the only state that allowed commercial harvest of alligator snapping turtles. Concern about the harvest led Senator Robert Barham to ask the Louisiana Legislature for a moratorium. That moratorium will take effect on November 20, after which the alligator snapper cannot be taken from the wild for commerce, and the sale of the turtles, their meat, shells and other parts will be prohibited. However, licensed turtle farmers will still be allowed to sell alligator snappers that hatch from their breeding stock, and Louisiana residents can still satisfy their culinary desires and traditions by doing their own trapping.
L.D.W.F. ENFORCEMENT AGENTS ATTEND BOATING ACCIDENT The Louisiana Department of Wildlife and Fisheries Enforcement Division recently sent six of its agents to Ashburn, Virginia where they attended and graduated the Advanced National Boating Accident Investigation and Analysis Course sponsored by the National Association of State Boating Law Administrators (NASBLA) and Underwriters Laboratories (UL).
The course was held at the newly constructed National Transportation and Safety Board (NTSB) academy and consisted of workshops involving Collision Examinations, Exhaust/Ventilation Systems Defects, New Technology, Control Systems Defects and Damage Assessments, among others.
The LDWF agents worked side by side with other marine accident investigators from across the United States and Canada. The course instructors consisted of NASBLA, UL, NTSB and the American Boat and Yacht Council (ABYC). The six agents spent in excess of 40 hours of hands on reconstruction and analysis of mock boat accidents and on their final day they prepared a complete accident investigation package, which counted toward their overall score.
The graduating agents were: Sgt. Lane Kincaid of Lincoln Parish, Sgt. Davis Madere of St. John Parish, Senior Agent Darryl Galloway of St. Tammany Parish, Senior Agent Mike Garrity of St. Bernard Parish, Senior Agent David Nunez of Jefferson Parish and Senior Agent Brad Guidroz of St. Landry Parish.
HUNTERS TAGGED WITH D.M.A.P. AND LADT VIOLATIONS Two hunters were recently cited in separate cases by Louisiana Department of Wildlife and Fisheries Enforcement Division Sgt. David McAlpin for allegedly violating DMAP and LADT regulations in Natchitoches Parish.
James E. Sturm, 28, of Leesville, was cited on October 23 after Sgt. McAlpin found him to be in possession of an untagged button buck that had been killed on Po' Folks Hunting Club. The hunting club's land is enrolled in the Landowner Antlerless Deer Tag (LADT) program. Sturm was cited for possession of an illegally taken deer and failure to abide by commission rules. He was also issued a civil summons to pay $524.50 in restitution to LDWF for the deer. The hunting club was dropped from the LADT program, and the antlerless tags issued to them were seized. The deer was also seized and later donated.
Halstead B. Ayrton III, 44, of DeRidder, was cited on October 25 after Sgt. McAlpin found him in possession of an untagged doe deer that had been killed on Cypress Hunting Club, which is enrolled in the Deer Management Assistance Program (DMAP). Sgt. McAlpin also found that the deer had been shot with a .308 caliber rifle, when the only legal method to hunt deer in this area at this time was by archery or muzzleloader. Ayrton was cited for taking deer by illegal method, possession of an illegally taken deer, and failure to abide by commission rules. He was also issued a civil summons to pay $524.50 in restitution to LDWF for the deer. The hunting club was dropped from the DMAP program and the antlerless tags issued to them were seized, pending an administrative hearing by LDWF to determine continued DMAP participation by the remaining club members. The deer was also seized and later donated.
The penalty for possession of an illegally taken deer is a fine of $400 to $750, jail for not more than 120 days, or both, plus court costs and forfeiture of anything seized. Hunting a deer by illegal methods is punishable by a fine of $250 to $500, jail for not more than 90 days, or both, plus court costs. The penalty for failure to abide by commission rules is a fine of $150 to $350, jail for not more than 60 days, or both, plus court costs.
HUNTER BAGGED ON BOISE VERNON W.M.A. WITH OVER LIMIT OF DEER Clinton R. Fontenot, 28, of Iowa, was cited on October 30, by agents from the Louisiana Department of Wildlife and Fisheries in Vernon Parish for allegedly taking over the limit of deer on Boise Vernon Wildlife Management Area.
Fontenot was cited after Sgt. Bill Tyree and Senior Agent Joe Dewil found him to be in possession of two doe deer on the WMA. Fontenot admitted that he had shot both deer. He was then cited for taking over the limit of deer and possession of an illegally taken deer. He was also issued a civil summons to pay $524.50 in restitution to the Louisiana Department of Wildlife and Fisheries for one of the deer. Both deer were seized and later donated to charity. Fontenot's rifle was also seized in the case.
The penalty for possession of an illegally taken deer is a fine of $400 to $750, jail for not more than 120 days, or both, plus court costs and forfeiture of anything seized. Taking over the limit of deer is punishable by a fine of $250 to $500, jail for not more than 90 days, or both plus court costs.
OLLA MAN CITED FOR POSSESSION OF OVER LIMIT OF DEER On November 6, enforcement agents from the Louisiana Department of Wildlife and Fisheries cited Richard W. Miniard, 41, of Olla, for allegedly possessing over limit of deer.
Agent Brandon Miller received information that Miniard had killed two buck deer on the same morning. Agents were able to locate Miniard and found him to be in possession of two spike bucks. Miniard stated that he had killed both of the deer earlier that day. The daily limit for deer on private land is one antlered and one antlerless deer per day.
Taking or possession of over limit of deer carries a fine of $250 to $500, jail not more than 90 days, or both, plus court costs. Miniard was also issued a civil citation for the restitution value of the deer.
Agents participating in the case along with Miller were Lt. Kenneth Hedricks, and Senior Agent Jim Matkin.
BATON ROUGE SEAFOOD DEALER SENTENCED TO 20 YEARS Alan P. Porche, 42, of Baton Rouge, manager of Gulf Island Shrimp and Seafood LLC., and previous owner of Big River Seafood Inc., was arrested on September 17, 2003 by enforcement agents from the Louisiana Department of Wildlife and Fisheries for obstruction of justice, conspiracy to obstruct justice, money laundering, forgery, filing/maintaining false public records, injuring public records, felony theft, purchasing fish from recreational fishermen, illegally selling recreationally caught fish, failing to maintain records, failure to report commercial fishery information and violating commission rules and regulations.
On November 4, 2004, Porche pled guilty to three felony counts: obstruction of justice, theft, and filing false public records. Nineteenth Judicial District Court Judge Michael Erwin sentenced Porche to jail for a period of 10 years as to count one, as to count two, five years to run consecutive to count one, and as to count three, five years to run consecutive to counts one and two at hard labor.
Porche was given credit for time served as a result of his arrest for obstruction of justice. Judge Erwin suspended the execution of the sentence and placed Porche on active, supervised probation for a period of five years. In addition to the general terms and conditions of probation, the court imposed as special conditions of probation that the accused is required to pay $50 per month to the Department of Public Safety and Corrections, Division of Probation and Parole; be involved in no criminal conduct; not have any type of license to deal with fish (sell or buy); pay a fine of $3,000 to LDWF; and submit to random drug screens at his own expense and at the direction of the probation officer. Violation of any terms of probation will result in execution of a 20-year term of imprisonment. Porche also paid additional restitution to LDWF in the amount of $4,356.02.
The offenses against Alan P. Porche to date resulted from an elaborate scheme of fraudulent financial transactions involving proceeds derived from illegally purchasing red snapper, cobia, reef fish and other state/federal cooperatively managed fish caught and sold by recreational fishermen. Proceeds in the scheme were derived from committing forgery and false records designed to generate money, conceal and disguise the nature and source of the purchases and avoid reporting requirements that provide management guidelines to conserve the resources. Also charged in connection with the alleged offenses were four recreational fishermen whose cases are still pending.
LDWF Enforcement Division Administrator Colonel Winton Vidrine said, "This case identifies activity which cannot be tolerated if we are to conserve our fisheries resources for future generations. This case highlights the positive impact state and federal partnerships have when teamed together to achieve a common goal." Vidrine added, "Hopefully the aggressive prosecution and adjudication will send a message and deter these types of activities which negatively effect our resources and their legal use."
Assistant District Attorney, David Caldwell of the 19th Judicial District, prosecuted the case. Agents participating in the case were Sgt. Jay Diez, Sr. Agents Billy Gomillion, Buck Hampton, Joel Cromp and NOAA Enforcement Special Agent Steve Campbell.
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