People charged with violating game and fish laws could face felonies for the first time under a new state law.

Most fish and wildlife violations are, by most standards, not serious, and carry misdemeanor penalties.

That is, until now. Coming out of this past legislative session, the worst offenders could face felony charges and penalties.

The wanton waste and destruction of wildlife is a serious matter for sportsmen and women, but in the past one would have to kill a federally protected animal before the case would get bumped into federal court.

Earlier this year, four men from western North Dakota were convicted and sentenced in what was the most high-profile case of wildlife violations in the state so far. A fifth man is still being sought in connection with the killings.

They were charged with killing more than 40 big-game animals, along with other small game, in Billings County. They were not charged with felonies.

As of Aug. 1, some of the more egregious game and fish violators could face felony charges in state courts. House Bill 1188 put some teeth into North Dakota's Century Code dealing with exploitation of wildlife.

Bruce Burkett is one of the North Dakota Game and Fish Department's lead investigators. He says the new law will allow prosecutors to consider the offense, along with past criminal history. He said the law has several tiers to it that could lead to more severe penalties.

Depending on the severity and frequency of the crimes, those convicted of "exploitation of wildlife" could lose hunting and fishing privileges for life in addition to monetary penalties.

Robert Timian, chief of enforcement for the North Dakota Game and Fish Department, said he wouldn't comment on any pending cases under the new legislation, but it wouldn't change the way game wardens or investigators do their jobs.

He said investigations into violations come from a number of sources: game wardens in the course of doing their jobs, the Report All Poachers program or from the general public. In the case of the men from western North Dakota, tips from the public played an instrumental role in identification.

Occasionally, tips come from other law enforcement agencies or from out of state, Timian said.

"There are times something is uncovered that leads the investigation back to North Dakota."

Under section one of the new law a person convicted of certain crimes could lose their hunting, fishing and trapping privileges for three years.

How it works

Under section two of the law, the exploitation section, a person would face Class C felony charges if: convicted of five or more A misdemeanors in two years; aids a person who assists; or commits seven or more misdemeanors in two years, or commits a misdemeanor after having previously been convicted of seven or more misdemeanors within a 10-year period.

A Class C felony carries a maximum sentence of five years in prison, a $5,000 fine or both.

Under the new law, violators cannot be charged with a misdemeanor and felony for the same offense.

Rep. Todd Porter, R-Mandan, was the primary sponsor of the legislation.

He said over the course of time while revising state laws pertaining to outfitter and guide services, it became apparent there was a hole between state and federal courts.

Porter said in the most serious cases, the backlog in the federal court system could take as long as three years before the case went to court.

"Some of the most egregious cases had to go through federal court - the worst of the worst - and it could take years," Porter said.

He said the intent of the law is to make it a narrow window between what would differentiate a felony offense from a misdemeanor.

For instance, someone charged with shining, or spotlighting a deer, would not be subject to a felony charge. But someone using an artificial light to take 20 or 30 deer would.

Porter said there weren't one or two cases in particular that prompted the change in the law, but there have been some high profile cases in North Dakota.

In the case of the four men in western North Dakota mentioned earlier, plea bargains were made in district court in Dickinson. One of the men was sentenced to 180 days in jail with all but five days suspended for two years, fined $15,000, with all but $1,625 suspended, and ordered to pay $6,000 in restitution and $325 court costs. He also lost his hunting and fishing privileges for 10 years in a plea agreement for two misdemeanors.

In federal court

Burkett said one example of a North Dakota case getting bumped to federal court came in 2007 involving the Sheyenne Valley Lodge near Goodrich.

In that case, owners of the lodge and guide operation, were ordered to pay $90,000 in restitution for guiding waterfowl hunters after clients had reached their limits, then tossing unwanted birds into pits.

In 2006, two Lansford men were sentenced for federal crimes after being convicted of killing numerous animals after attaching a point system to each animal and making a game, of sorts, of the killings.

They were sentenced to pay $500 and $800 in restitution and community service plus losing hunting privileges in North America for two years for one man and 18 months for the other man.

In 2004, nine hunters in the Valley City area were charged with illegally killing more than 30 deer.

Timian said he hopes the new law will bring more visibility to game and fish violations and become a deterrent for some.

Law supported

Wildlife groups in the state say the same thing. David Brandt is the president of the executive board of the North Dakota Wildlife Federation, a grassroots wildlife conservation and advocacy group.

Brandt said his group supported passage of the new law for several reasons.

He said one of the group's concerns is with the growth of fee hunting and out-of-state hunters coming into the state, there is "a lot of big money in outdoor recreation."

Brandt said until now, many of those hunters were not phased by fines that could be imposed by state courts.

"A $500 fine is nothing for some of these people," Brandt said. "That's the cost of a gun or one hunting trip."

He said the new law more clearly defines what violators could be risking if they choose to engage in illegal practices. Felony convictions could result in losing the right to possess firearms as well as the loss of hunting privileges for an extended period of time.

Brandt said he thinks the law will be a strong deterrent for many. "We thought the lenient penalties were not accomplishing protecting the resources of North Dakota," he said. "The laws did not have a deterrent effect."

He said he also thinks the increased publicity of facing felony charges may keep some from crossing the line.

"We hope so," he said. "That's been one of our frustrations. A lot of these cases don't get a lot of publicity."

In other states

Surrounding states also have laws on the books making certain offenses felonies.

Montana has a statute making the killing of trophy big-game animals with a restitution value of more than $1,000 a felony. The value of a ¾-curl big horn sheep is set at $30,000, $8,000 for an elk and $6,000 for a moose.

In South Dakota, most big- game violations are categorized as Class I misdemeanors, carrying the same penalty as a DUI. Emmit Keyser of the South Dakota Game, Fish and Parks enforcement division, said felony charges would kick in on a second or subsequent violation.

Those violations include taking big game at night, with no license or during a closed season. The penalty could include two years in prison, a $4,000 fine or both, and loss of hunting privileges for five years.

Important tool

In some cases, the public embarrassment would be a factor to keep hunters on the straight and narrow, but for those looking to cash in on the exploitation of wildlife, Timian said it likely won't have an impact.

If they are going to do it, they are going to do it, he said.

"In some situations we're talking tens or hundreds of thousands of dollars," he said. "It's just a cost of doing business."

But for some, the motivating factor could be the loss of hunting privileges.

In any case, Burkett said the new law is a tool in protecting a resource that is important to all North Dakotans.

"These (past violations) are shining examples of why the law is needed," Burkett said.

"These are criminal acts. They are stealing from all of us."

(Reach reporter Brian Gehring at 250-8254 or brian.gehring@bismarcktribune.com.)