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Court
heard
that
on
Sunday,
Nov.
2,
2003
well
after
sundown,
Michael
Aspell,
20,
Jason
Campell,
20,
and
Steven
Holland,
21,
all
of
Hinton
were
returning
from
a
drive
down
Highway
40
to
the
Gregg
River
Mine
area
when
Aspell
spotted
a
large
antlered
6X6
bull
elk
along
the
roadway.
Commenting
on
the
size
of
the
elk,
Aspell
turned
Holland’s
truck
around
and
proceeded
back
towards
the
animal.
Pointing
the
headlights
of
the
truck
in
the
animal’s
direction,
Aspell,
without
exiting
the
vehicle,
opened
fire
on
the
elk
with
his
rifle.
After
lunging
a
few
steps
the
elk
collapsed
and
rolled
down
the
embankment
to
the
ditch
alongside
the
highway.
With
their
hopes
of
having
the
elk
run
back
into
the
trees
now
dashed,
they
drove
away
from
the
animal
and
discussed
what
to
do.
Returning
a
short
while
later,
the
three
worked
together
to
remove
the
head
from
the
carcass.
Unable
to
load
the
rest
of
the
elk
into
their
truck,
they
fastened
the
head
and
antlers
to
the
rear
of
their
vehicle
and
headed
for
Hinton.
After
traveling
approximately
10
kilometres,
a
decision
was
made
to
cache
the
head
alongside
the
highway
and
return
for
it
at
a
later
time.
Although
they
claimed
to
have
discussed
numerous
ways
in
which
they
might
salvage
the
carcass,
none
of
those
options
were
pursued.
Upon
relaying
the
circumstances
to
the
Honorable
Judge
D.C.
Norheim,
crown
prosecutor
Bob
Marr
offered
a
plea
to
which
the
defense
acknowledged
was
‘low
for
this
court’
but
reminded
the
court
that
the
global
assessment
was
nearing
$5,000
to
which
a
fair
portion
would
be
put
back
towards
the
resource.
The
initial
penalty
submission
set
forth
that
half
of
any
fines
administered
by
the
courts
be
payable
through
anorder
which
would
direct
the
funds
back
through
the
Fish
and
Wildlife
Dedicated
Revenue
Initiative,
towards
promoting
the
proper
management
and
control
of
conservation
and
protection
of
wildlife
or
endangered
species,
or
both,
or
their
habitats.
Marr
related
that
in
the
past,
orders
made
pursuant
to
section
97
of
the
Wildlife
Act,
a
section
that
provides
for
additional
powers
of
the
court
to
make
direction,
had
not
always
been
simply
resolved.
In
this
particular
case
the
accused’s
defense
counsel
had
already
received
a
sizable
portion
of
these
funds
and
they
were
currently
being
held
in
trust.
Judge
Norheim
accepted
the
joint
submissions,
however,
he
made
one
slight
adjustment.
Instead
of
the
suggested
50
per
cent
allocation
of
funds
being
directed
through
an
order
back
to
the
resource,
he
ordered
the
majority.
To
Michael
Aspell,
guilty
pleas
on
charges
of
closed
season
hunting,
hunting
at
night
and
allowing
the
edible
flesh
of
a
big
game
animal
to
be
abandoned,
Judge
Norheim
sentenced
Aspell
to
a
$100
fine
on
each
count.
Judge
Norheim
further
ordered
that
Aspell
pay,
pursuant
to
a
section
97
order,
the
sum
of
$2,700
no
later
than
Oct.
13,
2004
to
the
Fish
and
Wildlife
Dedicated
Revenue
Initiative,
to
promote
the
proper
management
and
protection
of
the
resource,
namely
that
the
funds
be
used
for
grizzly
bear
education
efforts
in
the
southwest
region.
Steven
Holland
plead
guilty
to
a
charge
of
unlawful
possession
of
wildlife
and
was
sentenced
to
a
$100
fine
and
was
ordered
to
pay
an
additional
sum
of
$900
towards
the
same
initiative.
Jason
Campell
was
assessed
a
$100
fine
and
ordered
to
pay
$400
to
the
initiative.
It
was
further
proposed
by
both
defense
and
Crown
that
these
orders
be
monitored
to
ensure
that
they
are
dealt
with
before
the
court
imposed
fine.
Time
to
pay
was
extended
to
Oct.
13,
2004
to
further
compel
payment.
All
additional
charges
related
to
this
case
were
put
over
to
that
date
as
well.
Judge
Norheim
commented
favourably
on
the
option
to
utilize
the
section
97
orders
to
direct
funds
back
to
the
resource,
and
although
it
was
the
first
time
they
had
been
proposed
in
his
court,
he
hoped
it
would
not
be
the
last.
Officers
target
illegal
fishing:
Barrhead
District
In
1997,
as
part
of
a
new
walleye
management
regime,
lakes
in
Alberta
were
classified
as
either
stable,
vulnerable
or
collapsed,
depending
on
the
status
of
the
walleye
population
in
that
water
body.
Lac
Ste.
Anne
was
placed
in
the
collapsed
category
and
given
a
zero
limit
for
walleye,
meaning
catch
and
release
only.
Since
1997
the
walleye
population
has
steadily
increased.
Along
with
this
increase
the
number
of
illegal
fishing
complaints
has
also
gone
up.
Fish
and
Wildlife
has
received
15
complaints
of
illegal
fishing
since
the
lake
opened
on
May
21,
2004
for
the
open
water
fishing
season.
The
majority
of
complaints
were
lodged
through
the
Report
APoacher
hotline
by
other
concerned
sportsmen.
Eight
of
those
reports
were
related
to
the
keeping
of
walleye.
Officers
from
Barrhead,
Evansburg,
Stony
Plain
and
Edmonton
have
teamed
up
to
put
a
dent
in
the
illegal
fishing.
In
the
five-month
open
water
period,
officers
have
logged
approximately
53
patrols
of
the
lake
resulting
in
enforcement
actions
being
taken
against
46
persons.
The
majority
of
the
cases
involved
over-limits,
undersized
fish
or
licensing
offences.
On
October
6,
2004
two
of
the
court
cases
were
heard
in
Stony
Plain
provincial
court
by
Judge
W.M.
Mustard.
One
case
involved
two
Westlock
men
who
were
fishing
at
the
narrows
of
the
lake.
On
August
16,
2004
Arnold
George
Kuipers,
45,
and
David
Michael
Forbes,
42,
were
caught
with
13
walleye
hidden
in
a
bag
under
a
blanket
in
the
trunk
of
their
car.
Each
received
a
$1,500
fine
and
a
three-year
sportfishing
licence
suspension.
The
second
case
involved
three
Edmonton
men
who
were
also
fishing
at
the
narrows.
Court
heard
that
on
August
18,
2004
Fish
and
Wildlife
officers
conducted
a
plainclothes
operation
at
the
narrows.
They
observed
Thai
Vo,
35,
Thanh
Chau,
42,
and
Thuc
Tran,
26,
fishing
in
an
area
of
tall
weeds
away
from
the
other
fishermen.
Officers
observed
them
catching
and
keeping
walleye.
Uniformed
officers
were
called
in
and
found
eight
fresh
walleye
laying
on
the
ground
at
the
rear
of
a
van.
Although
they
initially
denied
catching
the
fish,
they
were
identified
by
plainclothes
officers.
Each
received
a
$1,200
fine
and
a
three-year
sportfishing
licence
suspension.
We invite wildlife and fisheries enforcement officers from all jurisdictions
to
submit current and significant cases for inclusion in The
Notebook segment of the publication. All details must be accurate
public record. Please send case file details and photographs to:
THE ALBERTA GAME WARDEN
Jason Hanson
5201 - 50 Avenue
Wetaskiwin, Alberta, Canada T9A 0S7
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