Migratory Bird Treaty Actand Enforcement

Jay Pilgrim&

Keith SwindleSenior Special Agents

Office of Law EnforcementArlington, VA

(703) 358-2426

Performance Objectives

• Familiarization of OLE organization and strategy.• Familiarization with MBTA regulations.• Understand MBTA penalties and forfeiture provisions.• Investigative cases relating to MBTA

Organization & Enforcement Strategy

Organizational Chart

Special Ops, Intel, DERTSU, Lab

OLE StrategiesA. High Priority. In general, high priority enforcement work deals with wild populations of federally protected species of fish, wildlife, or plants and involves violations that have a significant scope or impact on populations of such species. High priority enforcement activities include:

(2) Unlawful commercial activities involving wild populations of other federally protected fish or wildlife.

(3) The unlawful take of federally protected species of fish, wildlife, or plants and/or destruction/modification of their habitats by environmental contaminants or industrial hazards such as pesticides, poisons, oil spills, cyanide leach pits, or other toxins.

OLE Strategies

B. Medium Priority. Medium priority enforcement activities include:

(5) Unlawful activities involving wild populations of other federally protected fish or wildlife.

Hawk Trap

OLE Strategies

C. Low Priority. Low priority enforcement activities include:

(2) Compliance inspections of Service permit holders.

OLE StrategiesService law enforcement managers, however, must ensure that officers are focusing on those crimes that have the most serious impact on protected wildlife resources.

Many Lacey Act investigations and some waterfowl work will obviously meet this standard; other enforcement operations, however, may not, particularly if officer resources are already fully engaged in addressing more critical conservation needs.

The Act16 USC §703 et. seq.Can’t do anything with migratory birds, part, nest or eggs.

16 USC §704(a) Service can permit activities pertaining to migratory birds(b)(1) – Take MGB with the aid of bait when person should knew or reasonably should have known the area was baited.(b)(2) – Place or direct the placement of bait.

Regulations

OLE Policy Baiting

Domesticated Mallards

Take by IndustryVitter videohttp://youtu.be/O_6rlUhOTOo

Penalties, Prosecutions and Forfeiture

SCIENTER (mental state) & PenaltiesCriminal •Felony

• Class E – $250,000/$500,000, up to 2 yrs• KnowinglyKnowingly sale migratory birds [ 703]

•Misdemeanor –• Class A - $100,000/ $200,000, up to 1 year• Place or direct placement of bait [704(b)(2)]

• Class B - $15,000 and/or 6 months• Strict Liability Strict Liability – All regulations (50 CFR)• Knew or reasonably should have known Knew or reasonably should have known –

Hunting with aid of bait. [704(b)(1)]

Civil – Not available

ProsecutionHow we charge defendants

•Felony• Indictment – Federal grand jury

•Misdemeanor• Indictment • Information – Formal through USA office• Class A misd.

• Violation Notice – Citation (Collateral Schedule) • Class B misd.

Forfeiture

Misdemeanor All birds, parts, nests, eggs

FelonyAll guns, traps, nets, vessels, vehicles, and other equipment

Individual WorkLaw Enforcement Review

Answer the questions regarding law enforcement and the Migratory Bird Treaty Act.

Relevant Investigations

OLE StrategiesA. High Priority. In general, high priority enforcement work deals

with wild populations of federally protected species of fish, wildlife, or plants and involves violations that have a significant scope or impact on populations of such species. High priority enforcement activities include:

(2) Unlawful commercial activities involving wild populations of other federally protected fish or wildlife.• FOILES Investigation – 13 months, $100,000 fine• Operation Harlequin – 5 primary defendants; $61,000 fines• Seaside Aquaculture – Criminal $5,000; Probation: 3yrs, $40,000• Michael Zak – 3 counts criminal $65,000 (includes 1 count BGEPA)

OLE Strategies

(3) The unlawful take of federally protected species of fish, wildlife, or plants and/or destruction/modification of their habitats by environmental contaminants or industrial hazards such as pesticides, poisons, oil spills, cyanide leach pits, or other toxins.• Apollo energy - good• Brigham oil - bad• Selendang Ayu – Alaska oil spill. Incident command system. $10

million criminal penalty.

OLE Strategies

B. Medium Priority. Medium priority enforcement activities include:

(5) Unlawful activities involving wild populations of other federally protected fish or wildlife.• Baited dove field: $10,000 fine for person placing bait.

OLE Strategies

C. Low Priority. Low priority enforcement activities include:

(2) Compliance inspections of Service permit holders. • Taxidermy permits - $3,600 fine (possession, tagging, etc)

Questions?