# More wildlife violations



## Bob Kellam (Apr 8, 2004)

Couple of interesting articles.

*Three admit to hunting violations*
PIERRE, S.D. (AP) - Three men have pleaded guilty to illegally transporting deer from the Standing Rock Indian Reservation in South Dakota to North Dakota in 2003.

Jeffrey Smith, 42, of Streeter, N.D., and two Texas men - Charles R. Brooks, 58, of Cedar Hill, Texas, and Jerry D. Brooks, 56, of Midlothian, Texas - could get up to a year in prison and a fine for each count, according to a release from the U.S. Attorney's Office.

They are scheduled to be sentenced March 24 in U.S. District Court in Pierre.

Jerry Brooks pleaded guilty to four misdemeanors. Smith and Charles Brooks pleaded guilty to one misdemeanor count each.

In August, the men had pleaded not guilty.

They were accused of illegally helping patrons of a guide service shoot and transport deer on the reservation, which straddles the North Dakota-South Dakota border. The charges involved violations of the federal Lacey Act by selling and transporting deer that had been illegally shot. The law governs the preservation of game.

Jerry Brooks purchased Sheldon's Waterfowl of Streeter, but did not meet the requirements for an outfitting license, court paperwork said. He had been accused of charging clients from across the United States as much as $5,700 for hunts that would let them shoot both a mule deer and a white-tailed deer.

Ultimately, the Standing Rock reservation decided not to issue the outfitter two-tag licenses. As a result, prosecutors said the business obtained tribal licenses in company officials' names and the names of others and used them to tag a second deer for clients.

In some instances, deer were shot on non-tribal land without the required South Dakota license, according to court papers. At least one of the outfitter's patrons saw what was happening and became upset, according to a federal indictment.

*Sheldon and the Boys are at it again!!* :eyeroll:

*Five fined for Kidder County violations*
Associated Press

Published Sunday, January 08, 2006
Five fined for Kidder County violations

BISMARCK, N.D. - Five men, including a county commissioner, have pleaded guilty and paid fines for hunting violations in Kidder County during the gun deer season, court records show.
The court records show Theodore Jenner, of Tuttle, a county commissioner, pleaded guilty last month to failing to tag three whitetail does, a Class A misdemeanor. He was fined $500 and ordered to pay $325 in court fees.
Brandt Jenner pleaded guilty to failing to properly tag a whitetail buck. He was fined $250 for the Class B misdemeanor and ordered to pay $250 in court fees.
Three other men waived court appearances and mailed written pleas of guilty.
Curtis Hagen and Duane Hagen, both of Fargo, and Randall Spitzer, of Grand Forks, each were charged with one count of failing to tag big game. Each paid a $250 fine on the Class A misdemeanor, along with $300 apiece in court fees, the court records show.

Bob


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## NDTerminator (Aug 20, 2003)

Sheldon's legacy lives on....


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## rowdie (Jan 19, 2005)

This was in the SD news a while back, but now I see it it finally got to court. Thanks for keeping us up to speed on these violaters.


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## Dick Monson (Aug 12, 2002)

I would like a bill such as the Iowa Poaching Bill passed in ND. Expand it to all antlered big game. It would be a great deterant and remove the "slap on the wrist mentality" that comes from some courts. In the last year ND has moose shot from a chasing vehicle, elk whacked in the national park, deer poaching rings busted, etc. Hammer 'em hard.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Partial Bill History 
This bill has been introduced down in Iowa to help curb the poaching of trophy whitetails. This should get anyone's attention who is considering such a heinous act. The only thing that I would like clarified is antlers found on previously killed bucks (roadkills, etc). ND should adapt this and have the proceeds go to PLOTS.

Bill Introduced: H.J. 86.2 
Complete Bill History 
Bill Text 
PAG LIN 
1 1 Section 1. Section 481A.130, subsection 1, paragraph g, 
1 2 Code Supplement 2003, is amended by striking the paragraph and 
1 3 inserting in lieu thereof the following: 
1 4 NEW PARAGRAPH. g. For each antlered deer, reimbursement 
1 5 shall be based on the point score of the antlered deer as 
1 6 measured by the Boone and Crockett club's scoring system for 
1 7 whitetail deer as follows: 
1 8 (1) Less than 100 points: Two thousand dollars and eighty 
1 9 hours of community service or, in lieu of the community 
1 10 service, a total of four thousand dollars. 
1 11 (2) 100-125 points: Four thousand dollars and eighty 
1 12 hours of community service or, in lieu of the community 
1 13 service, a total of eight thousand dollars. 
1 14 (3) 126-150 points: Six thousand dollars and eighty hours 
1 15 of community service or, in lieu of the community service, a 
1 16 total of twelve thousand dollars. 
1 17 (4) 151-170 points: Eight thousand dollars and eighty 
1 18 hours of community service or, in lieu of the community 
1 19 service, a total of sixteen thousand dollars. 
1 20 (5) More than 170 points: A minimum of ten thousand 
1 21 dollars or such additional amount as is deemed reasonable in 
1 22 the discretion of the court and eighty hours of community 
1 23 service or, in lieu of the community service, a minimum of 
1 24 twenty thousand dollars or such additional amount as is deemed 
1 25 reasonable in the discretion of the court.

1 26 EXPLANATION 
1 27 This bill increases the damages payable to the state by a 
1 28 person convicted of unlawfully selling, taking, catching, 
1 29 killing, injuring, destroying, or possessing any antlered deer 
1 30 at any time. The bill provides that for any antlered deer, 
1 31 reimbursement shall be based on the point score of the 
1 32 enduring trophy characteristics of the deer (such as antlers 
1 33 and skulls) as measured by the Boone and Crockett club's 
1 34 scoring system for measuring native North American big game, 
1 35 as it pertains to whitetail deer. 
2 1 The Boone and Crockett club's point score and the 
2 2 corresponding damages payable are as follows: 
2 3 1. Less than 100 points: $2,000 and 80 hours of community 
2 4 service or, in lieu of the community service, a total of 
2 5 $4,000. 
2 6 2. 100-125 points: $4,000 and 80 hours of community 
2 7 service or, in lieu of the community service, a total of 
2 8 $8,000. 
2 9 3. 126-150 points: $6,000 and 80 hours of community 
2 10 service or, in lieu of the community service, a total of 
2 11 $12,000. 
2 12 4. 151-170 points: $8,000 and 80 hours of community 
2 13 service or, in lieu of the community service, a total of 
2 14 $16,000. 
2 15 5. More than 170 points: A minimum of $10,000 or such 
2 16 additional amount as is deemed reasonable in the discretion of 
2 17 the court and 80 hours of community service or, in lieu of the 
2 18 community service, a minimum of $20,000 or such additional 
2 19 amount as is deemed reasonable in the discretion of the court.


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## Bob Kellam (Apr 8, 2004)

That bill has some teeth!!!

Bob


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## Dick Monson (Aug 12, 2002)

> That bill has some teeth!!!


It certainly does. It's passage would be a tremendous deterant to criminal activities. The outfitters and sportsmen both have a vested interest in it's passage. So, *are the outfitters willing to stand up with the sportsmen on this bill???????*


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## jhegg (May 29, 2004)

Hell no they won't. It would cost them too much money!


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## buckseye (Dec 8, 2003)

sounds like outfitter talk to me... who in the heck else is willing to put so much time into worrying about the value of buying and selling antlers. Bad deal as far as I'm concerned, just adds to the trophy hunter campfire.


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## DJRooster (Nov 4, 2002)

In some cases if you increase the fines and the other penalties associated with the crimes you end up in a long court battle that costs more than it may be worth. Lower penalties encourage people to pay up, suffer the embarrassment and get on with their lives hopefully learning from the experience. However, I do think that our penalties are a little on the weak side.


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