Feb 01, 2006 - 02:00:29 CST
A rural Bowman outfitter was ordered to pay $60,000 in fines and restitution, the largest ever for wildlife-related crimes in North Dakota, for his role in a variety of wildlife violations.Warren W. Anderson, 61, also surrendered his hunting and outfitting privileges, forfeited five firearms and ammunition and was placed on two years probation Tuesday. He was sentenced by U.S. District Court Judge Daniel Hovland after he and federal prosecutors reached a plea agreement.
Anderson pleaded guilty to two violations, including one felony, of the Bald and Golden Eagle Protection Act, one violation of the Migratory Bird Treaty Act for killing five hawks and for violating the Lacey Act by helping hunters transport an over-limit of pheasants out of state. All of the violations were committed in 2004.
"This is one of the worst violations I have seen," said Hovland after he pronounced sentence.
It's the worst case of raptor shooting in North Dakota that the U.S. Fish and Wildlife Service has been a part of, said RIch Grosz, USFWS special agent.
The felony conviction means Anderson, who operated Stage Creek Hunting and Guide Service, may not possess firearms or ammunition for the rest of his life. Anderson's second offense of violating the Bald and Golden Eagle Protection Act led to that count being elevated from a misdemeanor to a felony.
Hovland also imposed several special conditions, including suspending Anderson's hunting privileges worldwide and making his financial records available to his parole officer.
"Mr. Anderson, as you can tell from his demeanor in the courtroom, feels terrible. I'm happy the judge accepted the plea agreement. Ithought it was a fair result, which is why we accepted it in the first place," said Tim Purdon, Anderson's attorney, after the proceeding.
As part of the plea agreement, Anderson also pleaded guilty to two state Class A misdemeanors, tampering with evidence and making false statements, said Nici Meyer Clarkson, Bowman County state's attorney, who prosecuted the case with assistant U.S. attorney Cameron Hayden.
"There were a number of things in the report. These are the cases that were charged," she said.
Although the plea agreement called for a fine and restitution of $55,000, Hovland added a $5,000 fine on top of $55,000 in restitution. There also is a $160 special assessment for the crime victim's fund.
The fine and restitution is the largest penalty ever assessed for North Dakota wildlife-related crimes, said Bruce Burkett, commercial investigations supervisor for the North Dakota Game and Fish Department.
The government also recommended that Anderson spend five months in a halfway house and five months in home detention. Hovland sentenced Anderson to two years of federal probation with home detention. Judges are not bound to follow the terms of plea agreements.
The U.S. Fish and Wildlife Service and the North Dakota Game and Fish Department began a joint investigation after state and federal officers accumulated numerous eagle, hawk and owl carcasses from areas where Anderson frequented. Federal agents launched an undercover operation by booking a hunt with Anderson in October 2004.
During the three-day hunt, the agents observed Anderson shooting and killing a golden eagle, crippling a second and trying to kill two other golden eagles. He also told agents of a location where he had shot raptors. Agents later recovered five dead hawks - four red-tailed and one Cooper's - at that location. During the hunt, Anderson poached a white-tailed deer and instructed the agents to exceed their daily bag and possession limits, guided the agents on PLOTS land, where guiding is not allowed, and trespassed on private land. Anderson also instructed the agents and participated in shooting shotguns from a moving vehicle at raptors, pheasants and deer.
Anderson also told agents he had shot approximately five eagles each year, shot whitetail deer and left them to die in landowners' shelterbelts and fields, guided clients who had exceeded their daily bag limit of Canada geese while shooting toxic shot and had instructed other clients to shoot raptors.
Agents booked a second hunt in December 2004, and Anderson took them to an empty grain bin where he had placed a dead bald eagle and a golden eagle. Laboratory analysis later revealed both eagles had been shot.
Based on information gathered by the agents, nine of Anderson's clients received federal violation notices for exceeding their bag limits of pheasants or shooting Canada geese with toxic shot. The hunters, from Montana, Colorado and Texas, had the option of appearing in court or mailing back fines, said Grosz, the USFWS special agent.
During arguments over whether Anderson should spend time in a halfway house, Hayden wondered how anyone could not know that shooting eagles was a crime.
"The reason he shot raptors was his commercial pheasant hunting operation. He did it to protect his pheasants," Hayden said.
Purdon said Anderson has been "struggling mightily" with the charges for 12 or 13 months. "His anguish is real. He has been through hell the last 13 months," he said. "His conduct was very bad and he is struggling with it."
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