Bismarck Tribune - North Dakota News - Eagle decoy used to catch raptor shooter

Eagle decoy used to catch raptor shooter

Sep 26, 2008 - 04:05:19 CDT

By DAVE KOLPACK
Associated Press Writer

FARGO - A western North Dakota outfitter suspected for years of shooting protected birds was caught when he fired at a mounted bald eagle decoy, authorities say.

Gary Stang, 63, of Regent pleaded guilty Thursday in federal court in Bismarck to a charge of attempting to take and kill a migratory bird. He was arrested near his business last March, the same day investigators set up the decoy on an abandoned farmstead. It was the first time such a tactic has been used in the state, they said.

"In his mind, when he pulled the trigger, it was a live bird," said Rich Grosz, a special agent with the U.S. Fish and Wildlife Service.

Stang's attorney, Tom Dickson, said his client is under the mistaken impression that raptors - including eagles, hawks and owls - are hurting his business by preying on pheasants.

"Some of our older farmers have an irrational attitude toward birds of prey," Dickson said. "This would be one of those situations."

Grosz said Stang was a suspect for several years, after investigators started "putting pins on the map" when looking into reports of dead raptors. In 2004, undercover agents set up hunting trips with Stang, who owns the Good Life Hunting Company Bed and Breakfast in Hettinger County, and another outfitter, Warren Anderson, of Bowman.

Anderson eventually was arrested and pleaded guilty to federal charges. He was ordered to pay $60,000 in fines and restitution.

"Mr. Stang was put on a back burner, but we took another look last spring," Grosz said.

Investigators found a large bald eagle mount in the federal repository that was about to be destroyed. Assistant U.S. Attorney Cameron Hayden, who prosecuted the case, said it is the biggest eagle he's ever seen.

"When you set this thing in the field, it's humongous. That's the only word I can think of to describe it," Hayden said.

The decoy was placed in a public area where Stang was known to patrol for raptors. Investigators said Stang got out of his vehicle, leaned over the hood with his rifle and shot the decoy.

"Within four hours, it was basically a done deal," Grosz said.

The bullet struck the decoy in the breastbone area, which normally would cover the heart and lungs.

"When I pulled him over, I asked him what he did. The utterance he gave to me was that he had just shot a hawk," Grosz said. "It wasn't that he was target practicing or sighting his rifle."

Grosz said it's the first time he has used a bald eagle decoy to catch a suspect.

"It's an alternative approach, but we had to prove this case beyond a reasonable doubt," he said. "Killing one of these birds is an unacceptable thing."

The plea agreement calls for a year of probation, a fine of more than $1,000, and the loss of hunting privileges in North America for one year. Stang also will give up a rifle, scope and ammunition. The plea was approved by U.S. Magistrate Judge Charles S. Miller, who also imposed the sentence on Thursday.

"We made our point," Hayden said of the plea deal. "It's not always about getting a big fine."

Hayden said wildlife agents have been running undercover operations in North Dakota for several years, resulting in numerous arrests and a few felony convictions. Last year, authorities made their first arrest for pole-trapping, which involves the use of leg-hold traps on fence posts to capture and kill birds.

"The common theme we are seeing is that these cases are related to the outfitting business," Hayden said. "It's a business that's fairly new to North Dakota, so we are going through some growing pains."

The eagle decoy survived Stang's shooting, Hayden said.

"He's good to go," Hayden said. "It wouldn't surprise me if the agents decided to use him again. Hunters are warned."

News > State

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Comments

Out of state wrote on Dec 15, 2008 11:54 PM:

" Men write laws, it doesn't mean the laws are right to serve mankind or the animal world. Birds of pray must have population control like any other animal such as deer, turkeys, skunks, possum, racoon and so on. "

LJK wrote on Oct 3, 2008 10:53 PM:

" Since when does being 63 years old grant you the category of cranky old coot? I think you have to be at least 80 before the image of a tobacco spittin', gun totin', squinty-eyed crank who aims his ancient shotgun while muttering "get off mah land" is applicable. It's simply a matter of tradition and protocol. At any rate, it's a poor excuse for shooting a bald eagle. "

Crazy Eddie wrote on Oct 3, 2008 8:39 AM:

" Ok, they say the decoy was on public land, but they also say it was on an old farmstead. How many farmsteads does the state own? Not that it is ok to kill protected animals anywhere unless there is threat of life being lost, but it sounds like they are trying to cover their own rearends. As for the guy shooting a stuffed animal, if it isn't his, he has no right to shoot it even if he did know it was fake. "

show me wrote on Oct 2, 2008 6:37 PM:

" Law he is not an outfitter or a guide. You believe everything written in the paper? He just charges to hunt.

Person from the area I like his barn, if you don't like don't tresspass. "

REX wrote on Oct 2, 2008 6:12 PM:

" Hey I like eagles and hawks. They taste a lot like trumpeter swan. "

sj wrote on Oct 2, 2008 3:51 PM:

" Shooting a bald eagle is a violation of both state and federal laws. Federally, it is a violation of the Bald and Golden Eagle Protection Act.

A first violation of the eagle act is a class A misdemeanor punishable by up to a year in jail and a $100,000 fine according to the U.S. Fish and Wildlife Service. Subsequent violations are felonies punishable by up to two years in prison and a $250,000 fine.

When this man shot at the decoy he thought it was a live bird. The intent was clear. He intended to shoot a live bald eagle, and that is illegal. His lawyer calling him an "older farmer" with an irrational attitude towards birds of prey is no justification for his breaking the law. You can't break that law and use your age as an excuse. "

Edward wrote on Oct 2, 2008 8:50 AM:

" Why is shooting a dead bird illegal? "

Person who knows the area wrote on Oct 1, 2008 10:50 AM:

" Show Me,

It's really quite pathetic the way you are reaching for straws. The stuffed bird placement, the fact that it was a stuffed bird, the "entrapment".

The concept here is one of intent, plain and simple.

I for one do not have any sympathy for those who illegally shoot raptors, litter on public or private land, or trespass.

It would serve you well to also take a more holistic approach to enforcing the laws on the book. Either that or change them.

I love the barn on his place. Painted big and bold with a "Hunt Here, Die Here". Just in case you are curious with how he regards the non-paying people in the area. "

ty wrote on Oct 1, 2008 7:44 AM:

" Leo you pull some interesting number but i think they are just that, interesting. As far as your board of ethical hunters just because you think your ethical doesn't mean you have the common sense to do a job like that. I too think the punishment should have been a bit stiffer, but I don't care who you are if you can afford the best lawyer in a region, judges are more apt to take your pleas, or at least consider them. Jacki as far as the stuffed bird part, I think if he would have told the arresting officer right away I shot a decoy, instead of "I just shot a hawk" a lawyer just might have a field day with that. It is hard to say i haven't heard of anyone ever fighting it, though under the right circumstance it might be looked at differently by a judge or jury, because they would have to prove beyond 100% that you had the intention to take the game. I have questioned this before too but never with anyone who really knows a lot of law. I wish i didn't like having money as much as going to school and went to law school. "

leo wrote on Oct 1, 2008 6:03 AM:

" The way people are defending the shooting of predatory birds, I would have to assume each bird is capable of killing and eating hundreds, if not thousands of pheasants each year. Can anyone tell me how many pheasants a hawk or eagle can eat in a season? I doubt they put a small dent in the pheasant population. If we have a normal winter, which we haven't had for quite a while, over 90 percent of the pheasants will winterkill. A 10 percent survival rate will perpetuate the species quite well. "

crazy wrote on Sep 30, 2008 10:46 PM:

" Jacki are you serious. I mean come on get real "

Jacki wrote on Sep 30, 2008 9:41 PM:

" To Dad of Teens; I see a big difference between this and your cocaine scenario. In the drug selling the cops are able to bust the people because they are obviously buying what they think is drugs. In this situation, the person could well have known it was a stuffed bird and shot it just for target practice. "

gerry wrote on Sep 30, 2008 9:26 PM:

" its so hilarious listening to all these townspeople with a small backyard,, if you own land its different,, i gonna hunt your backyard and dig for nightcrawlers anytime i want, after a day or two you would start getting frustrated and maybe would start charging for them if there was a market for them,, just go by some land and live and work it and set it up the way you want like you do your backyard and then make a blog.. "

xx wrote on Sep 30, 2008 6:20 PM:

" He should lose his outfitters licence for good! He got off way to easy "

wg wrote on Sep 30, 2008 5:03 PM:

" Slob hunter, outfitter, who cares? Throw the book at him. "

Law wrote on Sep 30, 2008 5:01 PM:

" Show Me, the story says he is an outfitter. My land is hunted by my family, friends and other people who ask. I post so I know who is on my land and so it is available for my use. I don't dislike outfitters as my inlaws run a successful operation. "

show me wrote on Sep 30, 2008 2:44 PM:

" Law Are you sure he is an outfitter? Is he listed by the state as an outfitter? maybe he is just a landowner who charges poeple to hunt his land. If the cops park in front of a bar they can make arrest also. Law why do you dislike outfitters so much? Is your land posted or open for all to hunt? "

show me wrote on Sep 30, 2008 2:05 PM:

" Free will.... the judge must have the same view as I do or why would he agree to a some what light punishment for shooting s stuffed bird. "

Law wrote on Sep 30, 2008 1:30 PM:

" That's right show me, they knew there were people shooting protected birds in the area and set a trap and caught the fool redhanded. Great job by the enforcement division. Just because it was an outfitter you think it was not done correctly. Should all outfitters be allowed to do whatever they want or should they have to follow the law? You sir are an embarrassment to the business. "

free will wrote on Sep 30, 2008 1:07 PM:

" show me your defense of a law breaker and inability to tell the difference between criminal acts and entrapment only solidifies your misunderstanding of the LAW "

show me wrote on Sep 30, 2008 12:05 PM:

" Tax payer money would be better spent catching a guy shooting the real bird not a decoy. But if the decoy can't fly away the cop can just sit in one spot and wait to entrap someone, An award winning arrest, caught the decoy shooter. "

Dad of Teens wrote on Sep 30, 2008 11:42 AM:

" Jacki do you thing cops use real cocaine when they are selling to users or dealers? Give us a break I think we are smarter then that..... "

Jacki wrote on Sep 30, 2008 11:30 AM:

" I'm glad he got caught but on the other hand I don't think his lawyer defended him very well at all. Is there a law against shooting a stuffed bird? What law is that? How could he get nailed for attempting to shoot a migratory bird when there wasn't a real bird there? That is similar to what Show Me was saying...would it be attempted murder if you shot a mannequin that you thought was a real person? I'm thinking not. "

show me wrote on Sep 30, 2008 10:33 AM:

" Law there are bad apples in every bussiness,thats why there are regulations and laws. Innocent until proven guilty is one of those laws.This man has paid his debt to the state, if you don't like the punishment write you rep. If you want to judge these people get a degree in law and judge them. "

Law wrote on Sep 30, 2008 9:50 AM:

" Show me, those are all cases that have been prosecuted in ND in the past few years. I have no problem with landowners, as I am one and my inlaws run a guiding business. It is their land and if they can run a profitable business then so be it. I have called the sheriff and the game wardens to report violations before and will again if I see anyone breaking laws while out in the field. Some of the violators were landowners some were not. The outfitting business needs to run on the up and up, your defending every outfitter who breaks the law does not put you in a good light. Plus if the bad outfitters get run out of business your business should pick up. Its not so hard to follow the laws. "

Law wrote on Sep 30, 2008 9:45 AM:

" Show me, The dude broke the law, he attempted to take a protected species. I couldn't care less if he is a landowner or just a putz. He doesn't deserve your defense. By defending a law breaker you really show your true colors. And yes if you were trying to kill your mother inlaw and the cops set up a sting and you shot a mannequin thinking it was her, you would be charged with a felony. "

Show me wrote on Sep 30, 2008 9:43 AM:

" Mr. Law if all these things are happening that you say are happing you need to do something about it. Or are you just jealous that it is legal to guide in North Dakota
and the landowner has the right to chose who hunts n his land. It is getting harder all the time to get something for nothing from a landowner. "

PBJ wrote on Sep 30, 2008 9:04 AM:

" He shot a stuffed bird, hahaha. Heres your sign! "

me wrote on Sep 30, 2008 8:20 AM:

" lol Kill It...There is a difference between a hawk and an eagle..and isnt it illegal to shoot at eagles anyway??? It was a good tactic!!! "

Law wrote on Sep 30, 2008 8:17 AM:

" Show me, I agree lets get more enforcement and lets get some judges to hand out the appropriate punishment both for the slobs and the outfitters. I have the RAP number programmed into my phone and have not had to use it for a few years. When you are running a business you should be doing everything on the up and up. Expect to have more scrutiny when you break the law, even though there have been plenty of stories in the paper of individuals who have broken game laws. Plus the infractions by the outfitters are bigger violations that will attract more attention from the press. Shooting bald eagles is a pretty serious violation. Allowing your clients to shoot as many ducks, geese and pheasants as they want and just throwing them away is a serious violation. Allowing your nonresident client to shoot a mountain lion is a serious violation. Allowing your clients to shoot out the window of your truck and to shoot more than 1 deer is a serious violation. "

show me wrote on Sep 30, 2008 8:16 AM:

" aa The man shot a stuffed bird. If you shot a hole in a mannequin that looks like your mother-in-law should you get life in prison. Get a grip! You are just jelous of a landowner. "

leo wrote on Sep 30, 2008 7:44 AM:

" All lawbreakers should be convicted, no matter if they are an outfitter or a slob hunter. Most convictions result in a slapping of the wrist which deters no one from repeating violations. Rather than using the current court system, have a board of ethical hunters (believe me, the majority of hunters are ethical) hear the cases and pass judgement. I think you would find their punishment to be considerably harsher than we now see. Both good hunters and land owners would benefit from such a board. "

Kill it wrote on Sep 30, 2008 6:43 AM:

" Raptors are mean little creatures.....didn't any of you see Jurassic Park?? "

aa wrote on Sep 29, 2008 6:18 PM:

" Yeah, just a poor old farmer with plenty of money to hire a big shister lawyer. More owls, hawks, and eagles have been shot down in SW ND than the Fish and Wildlife can ever imagine. All for the sake of their precious pheasants. The feds can shut down big construction projects to protect these birds. Maybe they ought to consider shutting down the ND pheasant season for a year or two to give all of these outfitter types a big wake up call. "

Not surprised wrote on Sep 29, 2008 4:57 AM:

" Did you notice who Stang's lawyer was? The best in the region. The favorable plea agreement doesn't surprise me. "

former west nd native wrote on Sep 26, 2008 9:03 PM:

" way to lenient!!!!!!!!!!!!!!!! how about ten years in prison. that would be about right. i grew up in western nd. everybody shot hawks and owls, all the time. this has been going on for along time 40 to 50 years maybe more. didn't see many eagles when i was growing up in western nd, but if there were any they probably got shot. "

AA wrote on Sep 26, 2008 2:25 PM:

" Unfortunately, once a dollar is put on something, there are way too many greedy people out there that will find a way to ruin it. This is just another example of where the sport of hunting has gone it this state, if you can even call it a sport anymore. The people that end up in the headlines are not the hunters who grew up with the sport and have learned that it is a cherished tradition. Such people generally have way too much respect for wildlife (game and nongame), the land and the landowners to even consider doing something like Mr Stang has done. He's obviously in it for the tax free cash he can extract from all those armchair hunters that have watched too many hunting programs on TV and will do anything to get out there and kill some birds. The quicker they can kill a limit, the loader they brag. If the heritage of hunting is to continue in this state, the legislature has to put an end to the selling of the state's natural resources to the highest bidder. "

Online Editor wrote on Sep 26, 2008 1:41 PM:

" To SK: Your comment wasn't posted because of name calling. On a different note, probably about 100 comments each day aren't posted because they don't meet our standards. If I posted reasons for each of them, I wouldn't be able to do the rest of my job. "

show mw wrote on Sep 26, 2008 1:34 PM:

" Mr Law you wrote "" Another outfitter breaking the law. We need to raise the outfitter license fees so we can hire more wardens to police them."

We need to raise the price of hunting license fees to police the slob hunters.
The 95% of the good hunters who don't road hunt and shoot off the road,don't tresspass,don't shoot signs,throw out beer cans,poach,need to step up to the plate and not just stand around and say WE ARE NOt THE ONES doing these things.

Oh yes huntermom we dont want anyone in a free interprise system to make a haul during hunting season!!!

The landowners should GIVE you a place to hunt for free,he shouldn't be able to you his assets to the fullest!!!

If and outfitter or landowner breaks a law it should make the front page and everyone should be able to judge him not just the courts because they are not tuff enough.

If a slob hunter or one of the 95% good hunters are convicked of a game violation they too should be put on the front page and we can judge and make comments about them also. "

huntermom wrote on Sep 26, 2008 12:08 PM:

" I agree with being too lenient with his charges -- rules are made for a reason and are not meant to be broken -- as a hunter myself, I am seeing too many people doing things to " enhance" their guiding business with hunters -- they make a haul from what they charge their hunters, but still aren't happy enough, yet rules and laws for some odd reason don't seem to apply to them -- isn't that the main lesson in Hunter's Safety now days, know the rules and laws and abide by them? "

here we go again wrote on Sep 26, 2008 10:47 AM:

" Attorney Dickson said his client was "under the mistaken impression that raptors - including eagles, hawks and owls - are hurting his business by preying on pheasants." I am under the impression that bald eagles are protected and are not to be shot under any circumstances. And here I was under the impression the Regent area was overrun with pheasants! Isn't that why so many hunters go down there? I don't buy his excuse, and his sentence was much too light. "

Law wrote on Sep 26, 2008 10:40 AM:

" Show me, My point is these people who do the things you say are not hunters. You like to spout off making it sound as if all hunters are doing the things you say but in reality they are not. The fact is this outfitter doesn't give a darn about the laws of our country and is a disgrace to landowners and hunters alike. "

WHAT wrote on Sep 26, 2008 10:16 AM:

" This guy makes over $1000 the opening day of pheasant season on his "outfitting" business! They know he's killed dozens of eagles, not to mention how many hawks and owls. This is a joke!! Can NDGF take him to task in state court and at least permanantly revoke his outfitting license? Or better yet, maybe the IRS ought to start looking at these "businesses" a bit closer. Millions of dollars are spent by power utilites and other businesses taking measures to protect raptors and this bozo gets his hand slapped because he has an "old farmer's irrational attitude toward birds of prey"?? I wonder if I can use the defense of "old hunter's attitude" if I go out and shoot 50 pheasants in a day out of my car window and get caught. "

To show me wrote on Sep 26, 2008 9:31 AM:

" I fyou read the article, you will note the decoy was on public land. Why do you want to know? I agree with CO that the penalty was on the light side. I also agree with Law that these people shouldn't be thought of in the same group as the 95% of hunters that follow the written and unwritten rules. "

show me wrote on Sep 26, 2008 9:22 AM:

" Mr Law only the names of outfitters get put in articles in the paper not the so called hunters useing stoplights at night,shooting up road signs, and tresspasing with out permission and poaching. If this is all a Federal worden has to do, hanging up a stuff bird he is already over paid!!!!!!!!!! "

show me wrote on Sep 26, 2008 8:30 AM:

" This was a stuffed bird NOT a live bird. I would like to knoe who"s land this decoy was on when it was shot? "

Law wrote on Sep 26, 2008 8:11 AM:

" Another outfitter breaking the law. We need to raise the outfitter license fees so we can hire more wardens to police them. What a joke of a sentence, been killing birds for years and gets 1 year of privledges suspended. I take offense at the agent's use of the sentence "hunters are warned". These criminals are not hunters they are poachers and slobs and deserve to be labeled as such. "

CO wrote on Sep 26, 2008 6:52 AM:

" Way too lenient! "

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