Included below are two concluded court cases from the "online" officer's notebook. If you would like to read all the wildlife and fisheries investigations and the final outcome of the court cases be sure to pick up your Alberta Game Warden magazine at your favorite bookstore. Or better yet, purchase a yearly subscription so you won't miss an issue. |
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"This was intentional poaching," says judge: Grande Prairie District Over the past number of years, Grande Prairie Fish and Wildlife officers have received several complaints of illegal sportfishing activity on the Kakwa River and Copton Creek drainages during the August long-weekends. The information was usually received after people returned home from their holidays on a Tuesday or Wednesday following the weekend. The complaints included illegal fishing with bait, angling without licences and over-limits of bull trout (Alberta’s provincial fish). Usually, little could be done with the information because of the time that had elapsed. In support of the Bull Trout Recovery Plan, the Kakwa River and its tributaries have a complete bait ban and a zero possession limit (catch and release only). It is one of the most important watersheds in Alberta for the spawning habitat and recovery of bull trout. This past August and September long-weekend, a proactive enforcement operation was executed based on the historical information provided to investigators by the public through the Report a Poacher program. Officers from Grande Prairie, Grande Cache, Peace River, Spirit River and Manning districts set up surveillance teams at various locations along the water bodies to monitor sportfishing compliance. In total, officers observed 16 anglers fishing. Of those, 13 were charged with a total of 16 offences under the Alberta Fishery Regulations and the Wildlife Act. Charges included seven counts of fishing with prohibited bait, four counts of fishing without a licence, two counts of catching and retaining more than the daily quota, one count of exceeding the possession limit for fish and two counts of having a loaded firearm in/on a vehicle. Additionally, written warnings were issued for fishing with barbed hooks and failing to carry a licence. On Sept. 7, 2006, Helmut Formanski, 65, of Onaway and Trevor Tosh, 27, of Alberta Beach, both appeared in Grande Cache provincial court to plead guilty to charges under the Alberta Fishery Regulations. The two men were part of a group of seven individuals that accessed a remote location along Copton Creek by quad on Aug. 5, 2006. Officers observed Formanski catch and kill a mature bull trout by hitting it over the head with a rock. He then cleaned the fish, cut it into smaller pieces and concealed it in the rear tail light compartment of his quad. Tosh then caught and retained a mature bull trout that Formanski removed from his line and killed as he had done with the previous fish. This fish was also cut into smaller pieces and concealed in Formanski’s quad. At this point, uniformed officers were called to the location to conduct a compliance check on the group of anglers. Formanski spoke for the group and repeatedly denied keeping or being in possession of any fish. An inspection of Formanski’s quad revealed three illegal bull trout. The Honorable Judge D. Norheim fined Formanski $1,000 for catching and retaining more than the daily quota and an additional $1,000 for exceeding the possession limit of fish. Tosh was fined $600 for catching and retaining more than the daily quota. In his summation, Judge Norheim stated, “Mr. Formanski took deliberate and calculated steps by hiding the bull trout and this indicates to me that you knew full well that you were not supposed to keep them. From the evidence presented to me, it is clear that this was intentional poaching.” The remainder of the accused in these matters have since plead guilty to all of the previously noted charges for a total of $2,060 in fines. Nine fishing rods, three bull trout and a variety of fishing tackle and bait were seized and forfeited to the Crown. After much deliberation by Judge Norheim, Formanski’s 2004 Honda Rubicon quad was returned to him after being seized by officers as evidence at the time of the offence. The
success of this enforcement operation is a good example of how even the
smallest amount of information received from the public can be used. You
may not have all the pieces of the puzzle at the time, but your
information combined with two or three other tidbits can give officers
the foundation they need to conduct an effective, efficient and
pro-active compliance program.
Joint effort unravels illegal hunt: Vallyview District Valleyview Fish and Wildlife and local RCMP teamed up to gather and piece together evidence of a man’s pre-season hunt. On Oct. 20, 2006, Jason Lee Morgan, 30, of Olds appeared in Didsbury provincial court to answer to four Wildlife Act charges. Morgan entered a guilty plea to one count of hunting wildlife without a licence and one count of allowing the edible flesh of big game to be wasted. Two other charges were withdrawn. As a result of his guilty plea, a global fine of $2,500, a one year recreational hunting licence suspension and forfeiture of his firearm was handed down. Prior to sentencing the court heard the following circumstances of the investigation that clearly identified Morgan’s lack of regard for Alberta’s wildlife and the laws relating to it. On Aug. 23, 2006, Valleyview Fish and Wildlife received information from local RCMP of a suspected poaching incident in the Sunset House area. An RCMP officer and a Valleyview Fish and Wildlife officer teamed up to conduct the investigation. Officers attended a residence in the area south of Snipe Lake and spoke to a local resident. Officers indicated they had information of an illegally killed deer that was reported to be hanging in an outbuilding on the property. The landowner consented to a search that turned up an antlered white-tailed deer. The deer was gutted but not skinned. The temperature had been above 30C degrees for the past week and the carcass was covered with flies and maggots. The deer was placed under seizure and an investigation ensued.
An officer located the kill site and gathered blood for DNA analysis.
Investigators discovered the white-tailed deer carcass in an outbuilding. Subsequent investigation revealed that Morgan shot the deer a few days before in a nearby oat field. The kill site was located and blood and hair samples were collected for DNA analysis. Morgan’s female accomplice was in jail in Valleyview and her vehicle was under seizure and impounded for unrelated matters. The Fish and Wildlife officer interviewed the female in cells and obtained a consent to search for her vehicle, which had been used to transport the deer. A Jeep Cherokee was searched and as a result blood evidence was photographed and collected for comparison to samples taken from the kill site. Shortly before midnight, Morgan was located at a local motel in Valleyview. Morgan was arrested on outstanding warrants for unrelated matters and transported to jail. The following morning Morgan was interviewed in cells. The interview confirmed the allegations against him. He confessed to killing the deer on Aug. 23, 2006, 26 days prior to the opening of the hunting season. The deer was subsequently left to waste. It was
learned from a witness that Morgan had talked about his desire to kill a
deer in the days prior to actually shooting one. It was also identified
that the deer was killed with a .22 calibre rifle. The minimum legal
calibre to hunt big game in Alberta is .23 calibre.
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