Oldtimr

I will post the new article link so you can see a picture of the carnage. The Deputy officer named was first on the scene and did one heck of an investigation. I know the Deputy very well, he sent me a picture of a small dump truck full to the top that they used to haul the birds away, it was sickening, as is the picture in the link below.


Bruce Metz, Southeast Region Director, Chuck Lincoln, Southeast Law Enforcement Supervisor and Deputy Wildlife Conservation Officer Ed Shutter look over the snow geese that were taken.
Game Commission Photo

READING, Pa. —Five people in Berks County face charges after officials said they killed 265 snow geese over the permitted limit in Marion Township, Berks County.





The Pennsylvania Game Commission released the details of the alleged incident on Monday. They say the geese were killed on April 1 in the area of Church Road.


"The officers responded to the scene and found evidence that a large number of snow geese had been shot. Through their investigation, it was learned that the five defendants had killed 365 snow geese. The daily bag limit for snow geese is 25," a Game Commission news release states.
The Pennsylvania Game Commission issued the following details about the charges:


- Norman Brubaker, 30, of Bernville, was charged with one count of hunting without a migratory bird license, one count of a violation involving federal laws and 73 counts of unlawful taking and possession of snow geese. Total fines and replacement costs could reach $14,990.


- Laverne Frey, 34, of Womelsdorf, was charged with one count of a violation involving federal laws and 48 counts of unlawful taking and possession of snow geese. Total fines and replacement costs could reach $10,040.


- Nevin Frey, 28, of Myerstown, was charged with one count of a violation involving federal laws and 48 counts of unlawful taking and possession of snow geese. Total fines and replacement costs could reach $10,040.


- Kenneth Oberholtzer, 26, of Womelsdorf, was charged with one count of a violation involving federal laws and 48 counts of unlawful taking and possession of snow geese. Total fines and replacement costs could reach $10,040.


- Nelson Sensenig, 25, of Lebanon, was charged with one count of a violation involving federal laws and 48 counts of unlawful taking and possession of snow geese. Total fines and replacement costs could reach $10,040.


Officias said after the birds were gathered and evidence was collected, agency officials transported the carcasses to a processor and then donated 288 pounds of goose meat to the Central Pennsylvania Food Bank, Harrisburg. The cost of processing was added to the defendant’s fines, according to the Game Commission.

http://www.wgal.com/news/five-accuse...geese/32957796











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olsaltydog

Just doesn't make sense, limits are very good and they still decided to take far more then they needed. The Feds will hammer them though, seems the state is taking it pretty easy on them.

Oldtimr

The feds will have nothing to do with it. The feds do not charge after a state does. Easy on them? Did you see the penalties they are all facing? 4 of them over ten grand and one 15 grand, over $55,000, plus about 10 years license revocation. I assure you the feds would not have penalized them as much, they would have offered a plea bargin down to a civil penalty for a whole lot less. The district Justice had to hire part time help to get all the citations taken care of in the system, he never in hs career had that many citations filed at once, each bird over the limit was a seperate citation. I am glad I wasn't the officer who had to prepare each one of those citations.

olsaltydog

Not sure how your state manages Federal wildlife violations but my experience down here with fishery issues has been. Federal violations = iron fist, State = limp wrist slap.

10-15k for each is not considered substantial to me for the willful intent of the crime they committed. Will they ever do it again, probably. Folks that blatant in their violations will more then likely continue to violate the laws. But will say they are being charge, and if that is what they are fined with and they pay it. Then so be it, that was what the state dictated they deserved, I am not one to argue they should be caned or anything. Have just seen harsher punishment handed down for less, much more often.

flags

I know I sure am glad I didn't have to clean over 300 geese that someone else shot. What the heck is wrong with some people?

Oldtimr

The state could have just turned it over to the feds, but why should they. The state officers did the entire investigations and the work that went with it. and the penalty money should go to the PA Game Commission not to the federal treasury. In PA penalty money goes to the game and or fish agencies and not to the state general fund. As I said, the feds most certainly would have plea bargined it away to a civil penalty instead of a criminal penalty because the US attornies are lazy and don't want to lower themselves to try game cases in federal court.

olsaltydog

As mentioned, not sure how your state does things. NC is different and most of my experience deals with fishery issues. WRC deals with wildlife and freshwater fishing, MFC/DMF deals with saltwater We have several agencies in charge vs just one. Many coastal states have a JEA (Joint Enforcement Agreement) that gives states wildlife officers the authority to ticket someone for a federal fishing violations. Without it they can only cite a state violation. Not sure if PA has something like this, but under this agreement the charges are federal, tried in state's federal court (each has one) and yes the funds they are charged with goes back into the wildlife funds of the state not the feds or general funds.

Think at this point some states may learn something from another state, or they can use another state as a lesson learned.

Oldtimr

Flags, there is a technical school that teaches culinary arts that will clean geese that are given to charity for a small fee. That fee money is collected from the defendants as restitution to the game agency, that deal was set up because there are places in the SE part of our state where the USDA does quite a bit of depopulation of Canada geese in populated areas. It works out well that the PGC can piggyback on it.

Salty, I have no idea why you have elected to turn this into an argument since the OP was simply to inform hunters what is happening around the country with game law violations, but the best course of action in this case was taken, both in the amount of penalties accessed and the correct agency prosecuting the case. PA had the first school for conservation officers in the nation and to this day still trains officers from other states is certain diciplines, so I agree some states can learn from others. However, in this particular case the prosecuting state is fully capable of knowing the best course to steer.. Enforcing oceanic fish laws are a lot different from inland game laws, even with migratory birds.

MZS

What dopes. They can legally take 25 geese per day and they felt the need to poach? Good for them getting fined 10K - they can now get a night job to help pay those fines.

There is a flawed mentality to a poacher or meat-monger. They will take 5 times more than they can possibly use.

Sheridan

That's a damn sin....................Put them in jail !!!