TEXAS MAN SENTENCED TO JAIL IN CONNECTION WITH KANSAS DEER HUNTING AND GUIDING OPERATION

Receives 41 months in federal prison; largest case in Kansas history
WICHITA — A Texas man was sentenced June 21 in a Wichita federal court on felony charges of conspiracy, wildlife trafficking, and obstruction of justice related to the illegal sale of guided deer hunts in southern Kansas, announced Barry Grissom, U.S. attorney for the District of Kansas, and Ignacia S. Moreno, assistant attorney general for the Justice Department's Environment and Natural Resources Division.

James Bobby Butler, Jr., 42, of Martinsville, Tex., was sentenced to 41 months in federal prison. Butler pleaded guilty in March 2010 to one count of conspiracy to violate the Lacey Act, one Lacey Act interstate trafficking count, and one count of obstruction of justice. His brother, Marlin Jackson Butler, 36, also of Martinsville, pleaded guilty in March 2011 to one count of conspiracy to violate the Lacey Act and one Lacey Act count. Marlin Butler is scheduled to be sentenced on June 24, 2011.

“Illegal wildlife trafficking is a threat to the natural resources of Kansas," Grissom said. "Our goal is to preserve and protect wildlife for everyone to enjoy, including hunters who abide by the law."

"Thanks to outstanding cooperation between federal and state law enforcement agents and prosecutors, we put an end to a criminal conspiracy that took valuable and limited wildlife resources," Moreno added. "This prosecution sends a message to everyone in Kansas and elsewhere that there will be serious consequences for those who seek to profit by violating state and federal wildlife laws, especially at the expense of those who hunt and guide lawfully."

The Lacey Act is a federal law that makes it illegal to knowingly transport or sell in interstate commerce any wildlife taken or possessed in violation of state law or regulation. According to court documents filed in the case, James and Marlin Butler conspired together to knowingly transport and sell in interstate commerce deer that had been hunted in violation of Kansas state law.

In particular, the brothers operated a guiding service and hunting camp near Coldwater at which they sold guiding services to out-of-state hunters for the purpose of illegally hunting and killing white-tailed deer and mule deer. Hunters guided by the Butler brothers killed deer in excess of annual bag limits, hunted deer without permits or with permits for the wrong deer management unit, killed deer using illegal equipment, and hunted using prohibited methods such as spotlighting. The guided hunts were sold for between $2,500 and $5,500 and in several instances resulted in the killing of trophy-sized buck deer.

In addition to selling guiding services, the brothers also arranged for transport of the deer, in particular the antlers and capes, from Kansas to Texas and Louisiana.

James Butler also pleaded guilty to instructing another person to conceal or destroy evidence during the investigation.

“This is the largest case in the history of wildlife law enforcement in Kansas," said Steve Oberholtzer, special agent in charge of the U.S. Fish and Wildlife Service’s (USFWS) Mountain-Prairie Region. "Trophy deer are an important resource for the state of Kansas from both wildlife and economic standpoints. Joint investigations such as this one demonstrate that the combined efforts of state and federal agencies and federal prosecutors result in prosecutions that hold those who violate the law accountable. We are grateful to the Kansas Department of Wildlife and Parks (KDWP) and the U.S. Attorney's Office for their assistance in this case and hope that it will serve as a deterrent to others who might consider exploiting our nation's wildlife for personal gain."

The case was investigated by the USFWS, KDWP, and the Texas Parks and Wildlife Department, and jointly prosecuted by District of Kansas U.S. Attorney Barry Grissom's office and the Justice Department's Environment and Natural Resources Division, Environmental Crimes Section.

BROTHERS PLEAD GUILTY TO FELONIES IN KANSAS DEER HUNTING AND GUIDING OPERATION

Pair face prison sentences, heavy fines, suspension of hunting privileges
WICHITA — On March 16, James Bobby Butler Jr. and Marlin Jackson Butler pleaded guilty in federal court in Wichita to felony conspiracy and wildlife trafficking charges stemming from the illegal sale of guided deer hunts in southern Kansas, the Department of Justice and the U.S. Attorney’s Office for the District of Kansas announced.

James Bobby Butler Jr., 42, pleaded guilty to one count of conspiracy to violate the Lacey Act, one substantive Lacey Act count, and one count of obstruction of justice. His brother, Marlin Jackson Butler, 36, pleaded guilty to one count of conspiracy to violate the Lacey Act and one Lacey Act count. Both men are from Martinsville, Texas.

The Lacey Act is a federal law that makes it illegal to knowingly transport or sell in interstate commerce any wildlife taken or possessed in violation of state law or regulation.

According to the May 2010 indictment in the case and the March 16 plea agreements, James and Marlin Butler conspired to knowingly transport and sell in interstate commerce deer that had been hunted in violation of Kansas state law. The brothers operated a guiding service and hunting camp near Coldwater where they sold guiding services to out-of-state hunters for the purpose of illegally hunting and killing white-tailed and mule deer. Hunters guided by the Butler brothers killed deer in excess of annual bag limits, hunted deer without permits or while using permits for the wrong deer management unit, killed deer using illegal equipment, and hunted using prohibited methods such as spotlighting.

The guided hunts were sold for between $2,500 and $5,500 and in several instances resulted in the killing of trophy-sized buck deer. In the plea agreements, the Butlers admitted knowingly selling guided hunts for the illegal taking of the 25 buck deer identified in the indictment, for which hunters paid them $77,500 in guiding fees plus tips. In addition to selling guiding services, the brothers also arranged for transport of the deer, in particular the antlers and capes, from Kansas to Texas and Louisiana.

James Butler also admitted in his plea agreement that he instructed another person to conceal or destroy evidence during the investigation.

The maximum penalty for a felony violation of the conspiracy statute and the Lacey Act includes as many as five years in prison and a $250,000 fine. The maximum penalty for the obstruction charge against James Butler includes as many as 20 years in prison and $250,000 fine. According to the plea agreements filed, the prosecution agreed to recommend sentences of 41 months in prison for James Butler and 27 months in prison for Marlin Butler, in addition to fines, restitution, and three years of supervised release during which time both Butler brothers would be prohibited from all hunting and guiding activity. Sentencing hearings for both defendants are set for June 2, 2011.

The case was investigated by the U.S. Fish and Wildlife Service, the Kansas Department of Wildlife and Parks, and the Texas Parks and Wildlife Department. The case is being jointly prosecuted by the U.S. Attorney’s Office for the District of Kansas and Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

HUNTING INFORMATION

Salazar Announces Funding to States for Fish and Wildlife Projects

Image via WikipediaHunting and fishing industry, as well as recreational shooters, hunters,
boaters, and anglers, continue to fund conservation in the nation

WASHINGTON, D.C. — Secretary of the Interior Ken Salazar announced today
the distribution of more than -$749 million in excise tax revenues
generated by sportsmen and women to state and territorial fish and
wildlife agencies through the Dingell-Johnson Sport Fish Restoration and
Pittman-Robertson Wildlife Restoration Programs.

“Hunters and anglers have provided the foundation for wildlife
conservation in America for more than 75 years. They continue to provide
dedicated, critical funding for fish and wildlife agencies across the
nation, especially at a time when many state budgets are under pressure,”
said Secretary Salazar. “These funds will support important fish and
wildlife management and conservation, recreational boating access, and
hunter and aquatic education programs.”

Program funds come from excise taxes paid by manufacturers, producers, and
importers on sporting firearms, ammunition, archery equipment, fishing
equipment and tackle, and electric outboard motors. Recreational boaters
also contribute to the program through fuel taxes on motorboats and small
engines.

The Pittman-Robertson Wildlife Restoration Program apportionment for 2011
totals more than $384 million, of which more than $79 million is for
hunter education and safety programs. The Dingell-Johnson Sport Fish
Restoration Program apportionment for 2011 totals nearly $365 million, of
which nearly $55 million is for recreational boating access facilities.
The U.S. Fish and Wildlife Service’s Wildlife and Sport Fish Restoration
Program reimburses up to 75 percent of the cost of each eligible project
while State fish and wildlife agencies contribute a minimum of 25 percent,
generally using hunting and fishing license revenues as the required
non-Federal match.

“Our partnership with America’s hunting, fishing and boating community
through the Wildlife and Sport Fish Restoration Programs is the
cornerstone for funding fish and wildlife conservation,” said Curtis
Taylor, President of the Association of Fish and Wildlife Agencies and
Chief of the West Virginia Division of Natural Resources’ Wildlife
Resources Section. “Fish and wildlife can be conserved, protected and
restored through science-based management and this year’s apportionment is
critical in order for state fish and wildlife agencies to continue their
work on behalf of everyone who values our nation’s natural resources.”

Please visit the U.S. Fish and Wildlife Service's Wildlife and Sport Fish
Restoration Program Web site at http://wsfrprograms.fws.gov/ for more
information on the goals and accomplishments of these programs and for
individual State, Commonwealth, and territorial funding allocations. Some
examples of activities planned by State fish and wildlife agencies in 2011
include:

Florida – The Florida Fish and Wildlife Conservation Commission will
construct a restroom facility and a pavilion at the Escambia County
Archery Park. They will also construct a trap and skeet range and a .22
plinking range at Tenoroc Shooting Range. This will provide more
recreational shooting opportunities for the public.
Rhode Island – The Rhode Island Division of Fish and Wildlife will acquire
approximately 85 acres adjoining Carr Pond near North Kingstown, Rhode
Island. This property is a former Girl Scout property. The pond is the
site of an extremely productive herring and alewife run. The property will
provide protection of fish and wildlife habitat in the area and
recreational opportunities for the public.

Texas – The Texas Parks and Wildlife Department will construct a new
two-lane boat ramp, parking lot, courtesy dock, and lighting in Muenster,
Texas. The new facility will provide the only public access to the lake
for fishing and other recreational boating pursuits. This will be the
first public boat ramp in Cooke County.

Oregon – The agency will identify sturgeon population limiting factors,
develop responsive management strategies, and define pertinent monitoring
and evaluation activities as part of management plan development. They
will also measure juvenile recruitment through young-of-the-year sampling
in the lower Columbia River and carry out a pilot study of set line
sampling for adult and sub-adult white sturgeon. Sampling for
young-of-year white sturgeon will increase the effects of environmental
stressors on the population. A supplementary benefit of this task is the
opportunity to collect DNA tissue samples that represent fish in a single
year’s recruitment. DNA samples will be available for future
characterization of effective spawning population size and for genetic
stock comparisons with fish collected outside the Columbia River.

Pittman-Robertson Wildlife Restoration Program funding is available to all
50 states, the Commonwealths of Puerto Rico and the Northern Mariana
Islands, and the territories of American Samoa, Guam, and the U.S. Virgin
Islands. One-half of the 11 percent excise tax on bows, arrows, and
archery equipment and 10 percent excise tax on handguns, pistols, and
revolvers make up the funding for hunter education programs. The other
one-half of the excise tax are for wildlife restoration purposes,
including the 11 percent excise tax on firearms and ammunition.

Each state or territory receives a Wildlife Restoration Program
apportionment derived from a formula that incorporates its total land area
and number of paid hunting license holders. Each state or territory may
not receive more than 5 percent or less than one-half of 1 percent of the
total apportionment. Fish and wildlife agencies use these funds to manage
wildlife populations, conduct habitat research, acquire wildlife habitat,
enhance wildlife habitat, and public hunting access, carry out surveys and
inventories, administer hunter education programs, and construct and
maintain shooting and archery ranges.

The Dingell-Johnson Sport Fish Restoration Program funding is available to
all 50 states, the District of Columbia, the Commonwealths of Puerto Rico
and the Northern Mariana Islands, and the territories of American Samoa,
Guam, and the U.S. Virgin Islands. States receive funds through a formula
based on the land and water area of the state or territory and its total
number of paid fishing license holders. Sport Fish Restoration funds come
from excise taxes and import duties on sport fishing equipment, motorboat
and small engine fuels, and pleasure boats. No State may receive more than
5 percent or less than one-third of 1 percent of the total apportionment.

Fish and Wildlife agencies use the funds to pay for stocking sport fish;
acquiring and improving sport fish habitat; providing aquatic resource
education opportunities; conducting fisheries research; maintaining public
fishing access, administering the aquatic resource education program, and
constructing boat ramps, fishing piers, and other facilities for
recreational boating access.

The Wildlife and Sport Fish Restoration Programs have generated a total of
more than $13.7 billion since their inception – in 1937 in the case of the
Pittman-Robertson Wildlife Restoration Program, and 1950 for the
Dingell-Johnson Sport Fish Restoration Program. to conserve fish and
wildlife resources. The recipient fish and wildlife agencies have matched
these program funds with more than $3.4 billion. This funding is critical
to continue sustaining healthy fish and wildlife populations and provide
opportunities for all to connect with nature.

Family-Outdoors