Hearings on License Revocations for Violation of Game and Fish Codes and Civil Assessments for the Illegal Taking and/or Possession of Wildlife

Transcription

1 Proceedings of the Arizona Game and Fish Commission License Revocation and Civil Assessment Hearings Time Certain 10:00 a.m. Friday, June 8, 2018 Mazatzal Hotel (Fireside Room) Highway 87, Mile Marker 251 Payson, Arizona PRESENT: (Commission) Chairman James R. Ammons Commission James S. Zieler Commissioner Eric S. Sparks Commissioner Kurt R. Davis Commissioner Leland S. Bill Brake (Director and Staff) Director Ty Gray Deputy Director Tom Finley General Attorney Jim Odenkirk Assistant Attorney General Linda Pollock Assistant Attorney General John LeSueur Hearings on License Revocations for Violation of Game and Fish Codes and Civil Assessments for the Illegal Taking and/or Possession of Wildlife Presenter: Gene Elms, Law Enforcement Branch Chief Mr. Elms presented the cases below to the Commission. Each of these cases were reviewed and it was determined that all cases met the criteria established in A.R.S , , , , , for Commission action. The Commission and the respondents were provided with copies of the original court docket and case reports prepared by the officers along with copies of all other pertinent materials in each of these cases. Each of the following individuals was legally noticed for this hearing. Name Docket # Count Conviction Carl Calnimptewa Count A: Take turkey without a valid tag Count B: Failure to tag immediately Count C: Possess unlawfully taken turkey Kendall W. Robison Count A: Take black bear during closed season Thomas L. Henson Count B: Possess unlawfully taken lion Alex A. Clark Count B: Set leg hold trap within ½ mile of building (Citation A01773) Count A: Trap bobcat during closed season (Citation A01781) Count B: Trap bobcat without license (Citation A01781) Count B: Take cottontail rabbit without license (Citation A01782) Geoffrey A. Walker Count A: Possess unlawfully taken bear Count D: Take bear by unlawful method Leslie D. Shumway Count B: Possess/transport unlawfully taken 4x4 mule deer buck Calvert O. Shumway Count A: Possess/transport unlawfully taken 4x4

2 License Rev/Civil Assessment June 8, 2018 mule deer buck Alain Garrido Count B: Waste edible portion of game meat Roll call was taken and the following were present: Carl Calnimptewa, Kendall W. Robison, and Leslie D. Shumway. Mr. Elms stated that the civil assessment process is not intended to be punitive, but is a process allowing the Commission to recover financial damages to compensate the State for the loss of any wildlife. Hunter Education requirements are imposed as a remedial measure to increase knowledge and prevent future violations and not as punishment. The Commission was asked to consider and take action on the license revocations and/or civil assessments for the individuals listed above. Motion: Zieler moved, Sparks seconded THAT THE COMMISSION VOTE TO TAKE JURISDICTION IN THIS CASE. Carl Calnimptewa Docket # Calnimptewa was found guilty by the Fredonia Justice Court for Count A: Take turkey without a valid tag; Count B: Failure to tag immediately, and Count C: Possess unlawfully taken turkey; and sentenced: Fined $1, Calnimptewa was present and addressed the Commission stating that he took his son out to go hunt; two turkeys were killed and one was shot by Mr. Calnimptewa which he took to camp. That morning his son had to meet his uncle to attend the state fair. He set up camp and did not know where to put the turkey and stated that he should have tagged it but didn t have time since he had to meet his family. When he arrived to camp he met with the officer. Officer Thompson addressed the Commission stating the report presented by Mr. Elms is correct and there is no new information to the investigation. Commissioner Davis asked for clarification to the status of the tags for the son and dad. Officer Thompson stated that was correct that the son had an over the counter non-permit hunting tag for that hunt and Mr. Calnimptewa also had an over the counter non-permit hunting tag for that hunt. This hunt is a hunt permit tag only published by the Commission in the hunting regulation for the fall season. The over the counter non-permit tags for adults are not a legal tag for that hunt. Motion: Zieler moved, Sparks seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF CARL CALNIMPTEWA TO HUNT, FISH, AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF FOUR (4) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE

3 License Rev/Civil Assessment June 8, 2018 THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO HUNT, FISH, AND TRAP IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL DAMAGES OR TO BRING CIVIL ACTION AGAINST CARL CALNIMPTEWA TO COLLECT THE AMOUNT OF $ FOR THE LOSS OF ONE (1) TURKEY; AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION. Commissioner Sparks withdrew his second. Amended Motion: Davis moved, Zieler seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF CARL CALNIMPTEWA TO HUNT, FISH, AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF THREE (3) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO HUNT, FISH, AND TRAP IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL DAMAGES OR TO BRING CIVIL ACTION AGAINST CARL CALNIMPTEWA TO COLLECT THE AMOUNT OF $ FOR THE LOSS OF ONE (1) TURKEY; AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION. Kendall W. Robison Docket # Robison was found guilty by the Pinetop/Lakeside Justice Court for Count A: Take black bear during a closed season; and sentenced: Fined $ Robison was present and addressed the Commission stating that it was the bear second time in the yard and when he got home he wasn t aware that the bear was there. He went to the chicken coop and the bear was three feet from him. He was not aware that he was not able to protect his chickens and dog. He also states that he had grandkids living with him at the time and his favorite thing to do is run out to the chicken coop to gather the eggs. Commissioner Zieler asked Mr. Robison if he has ever attended a hunter education course or held a hunting permits in Arizona. Mr. Robison responded yes, he has. He comments that he sees bear in his yard often and he is not out to get bears. He was not trying to hide anything and he asked the neighbor to call Fish & Game with full cooperation.

4 License Rev/Civil Assessment June 8, 2018 Officer Lautzenheiser addressed the Commission stating the summary is correct and Mr. Robison was cooperative during the investigation. The bear had an ear tag and would have been euthanized by the department. Commissioner Sparks and Brake asked for clarification that the bear was in the chicken coop. Officer Lautzenheiser confirmed Mr. Robison statement was true that the bear was in the chicken coop because there were feathers on the ground and the bear climbed over the fence to the neighbor s yard when the bear was shot by Mr. Robison. Officer Lautzenheiser stated there has been numerous reports of bears within the area and the Department has been setting-up traps. Commission Brake clarified that the bear did not die due to being shot but from being euthanized. Officer Lautzenheiser responded the wounds that the bear sustained from Mr. Robison shot gun pellets were not lethal. The Department euthanized the bear because it had a tag and due to the Department policy they would gather for evidence. If the bear did not have an ear tag it still would have been euthanized for evidence. Commissioner Davis asked that one of the options is to take no Commission action. Commissioner Brake seeks clarification that $1, is for the loss of one bear but Mr. Robison did not kill the bear, the Department euthanized the bear. Chairman Ammons suggest Commissioner Brake to make a motion. Motion: Brake moved, Davis seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF KENDALL W. ROBISON TO HUNT, FISH, AND TRAP IN THE STATE OF ARIZONA NOT BE REVOKED AND HE NOT BE DENIED ANOTHER FOR ANY PERIOD OF TIME; THAT THE CURRENT LICENSE(S) NOT BE SUSPENDED AS OF THE DATE OF THIS HEARING, AND THAT IT/THEY NOT BE REVOKED AS OF THE DATE THE ORDER IN THIS CASE. Commissioner Davis withdrew his second. Amended Motion: Brake moved, Davis seconded TO TAKE NO ACTION ON THIS MATTER. Chairman Ammons stated that he would be in favor if required to complete the hunter education course. Commissioner agree to amend the motion. Commission discussed that amending this motion would affect the deer draw for Mr. Robison even if he completes the course right away. Commissioner Zieler asked Mr. Robison if he would be willing to commit to take the hunters education course on his own. Mr. Robison agreed that he would. Vote: Aye Zieler, Sparks, Davis, and Brake Nay - Ammons 4-1 Passed

5 License Rev/Civil Assessment June 8, 2018 Leslie D. Shumway Docket # Shumway was found guilty by the Snowflake Justice Court for Count B: Possess/transport unlawfully taken 4x4 mule deer buck; and sentenced: Fined $ Shumway was present and addressed the Commission stating that he heard from his son that the case has moved forward and he contacted Dan Dymond who he knows personally. Shumway has been in law enforcement for 15 years in Snowflake. He explained that he purchased a new scope that he had less than a week and was not sure if he shot the 4x4 mule since there was a herd that appeared. He then shot again and saw the deer drop. He walked to the first spot thinking he would see blood but saw a deer. He then made a decision which was a poor one that he not leave the deer to waste. He opted to take the second deer that he shot illegally to his cousin s house and he chose to keep the deer. He had the other deer processed. There was no time that he was not cooperative and he did try to hide it because he is in law enforcement and did not want this to impact his career. Officer Chandler addressed the Commission stating that Mr. Shumway statement was accurate and cooperative with the investigation. Commissioner Davis request clarification to identify a trophy mule deer. Mr. Elms responded a trophy mule deer is classified of having 4 points or more on one antler. There has been discussion to one point being very small but this example it clearly a 4x4 mule deer. Per Arizona State statue a 4x4 mule deer is $8,000 penalty and the Department has to do all or nothing. The Commission does not have the authority to classify the deer to a lower amount. Motion: Sparks moved, Zieler seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF LESLIE D. SHUMWAY TO HUNT, FISH, AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF TWO (2) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO HUNT, FISH, AND TRAP IN THIS STATE; THAT THE COMMISSION IMPOSE A CIVIL PENALTY AGAINST LESLIE D. SHUMWAY TO COLLECT THE AMOUNT OF $8, FOR THE LOSS OF ONE (1) 4x4 MULE DEER BUCK AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION. Thomas L. Henson Docket #

6 License Rev/Civil Assessment June 8, 2018 Henson was found guilty by the Globe Justice Court for Count B: Possess unlawfully taken lion; and sentenced: Fined $ Henson was not present. Officer Rodriguez addressed the Commission with no additional comments to add to the summary. Commission Sparks asked if the officer made an independent investigation or was this information provided by the party being charged. Officer Rodriguez responded that he investigated himself, this case came in as HWI human wildlife interaction and with further investigation he discovered these violations. Commissioner Davis asked if Mr. Henson told him the facts or if he discovered them on his own. Officer Rodriguez responded he interviewed Mr. Henson. Commissioner Zieler asked if Mr. Henson has completed the hunters education course requirement since this revocation took place in Mr. Elms responded that he does not currently have that information. Motion: Davis moved, Sparks seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF THOMAS L. HENSON TO HUNT, FISH, AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF FIVE (5) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO HUNT, FISH, AND TRAP IN THIS STATE; THAT THE COMMISSION IMPOSE A CIVIL PENALTY AGAINST THOMAS L. HENSON TO COLLECT THE AMOUNT OF $1, FOR THE LOSS OF ONE (1) MOUNTAIN LION AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION. Alex A. Clark Docket # Clark was found guilty by the Pima Country Consolidated Justice Court for Citation A01773, Count B: Set leg hold trap within ½ mile of building; Citation A01781, Count A; Trap Bobcat during closed season; Count B: Trap bobcat without license; Citation A01782, Count B: Take cottontail rabbit without a license; and sentenced: Fined $1, Clark was not present.

7 License Rev/Civil Assessment June 8, 2018 Officer Foley addressed the Commission via video, Region 5, stating that Mr. Clark obtained a hunting license the day after he was sited. Mr. Clark tried to change the license and the date of the license which he submitted as evidence. The County Attorney contacted Officer Foley that Mr. Clark had a license and the conclusion of the investigation the license was tampered with. Motion: Zieler moved, Davis seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF ALEX A. CLARK TO HUNT, FISH, AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF FIVE (5) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO HUNT, FISH, AND TRAP IN THIS STATE; THAT THE COMMISSION IMPOSE A CIVIL PENALTY AGAINST ALEX A. CLARK TO COLLECT THE AMOUNT OF $ FOR THE LOSS OF ONE (1) GAMBEL S QUAIL ($50.00)AND ONE (1) COTTONTAIL RABBIT ($50.00) AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION. Geoffrey A. Walker Docket # Walker was found guilty by the Payson Justice Court for Count A: Possess unlawfully taken bear, Count D: Take bear by unlawfully method; and sentenced: Fined $1, Walker was not present. Officer Sayer addressed the Commission with no additional comments to add to the summary. Motion: Brake moved, Sparks seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF GEOFFREY A. WALKER TO HUNT, FISH, AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF FIVE (5) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO HUNT, FISH, AND TRAP IN THIS STATE; THAT THE COMMISSION IMPOSE A CIVIL PENALTY AGAINST GEOFFREY A. WALKER TO COLLECT THE AMOUNT OF $1, FOR THE LOSS OF ONE (1) BEAR AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE

8 License Rev/Civil Assessment June 8, 2018 DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION. Calvert O. Shumway Docket # Mr. Elms commented that a vote is needed for the request to continue Mr. Calvert Shumway matter. He was not able to attend today hearing due to scheduling conflict. Motion: Zieler moved, Davis seconded TO CONTINUE CALVERT O. SHUMWAY TO THE NEXT MEETING. These hearings concluded at 10:58 a.m.