The Hidden Side of Poaching

By Glen Wunderlich

Charter Member Professional Outdoor Media Association (POMA)

Justin Ernst of Decatur, Michigan has earned a prominent position among wildlife poachers, as a result of illegally killing nine trophy bucks last year. After pleading guilty Monday in Van Buren County’s 36th Circuit Court, he’ll have plenty of time to ponder his crimes:  18 months to five years in a Michigan Department of Corrections facility.  He can also figure out how he’s going to reimburse the state to the tune of $25,000 for his high-stakes adventures.

“We’re satisfied that this criminal will be imprisoned for robbing ethical hunters, damaging crops and endangering others by recklessly driving through fields and shooting deer at night,” said David Shaw, assistant chief, Michigan Department of Natural Resources Law Enforcement Division. “We hope this serious sentence serves its intended purpose and are grateful for the strong message rendered by the 36th Circuit Court.”

Whenever such reports are released, there is always the question of how much more criminal conduct could have been attributable to this one person.  Are we to believe these acts of poaching were something new?  And, if not, just how much of his illegal activity may have gone unreported over the years?

There is a movement afoot to learn the extent of unreported poaching and it’s gaining steam.  During the recent Association of Fish and Wildlife Agencies (AFWA) meeting, a Multistate Conservation Grant (MSCG) proposal to provide funding for the Boone and Crockett Club’s Poach & Pay Project was recommended for approval.  Coordinated in conjunction with the Wildlife Management Institute (WMI), Poach & Pay is the first comprehensive research project to review, assess, and address the level of illegal take of wildlife in our country.

Initial funding for this project was provided by the Bass Pro Shops and Cabela’s Outdoor FundLeupold & StevensFederal Ammunition, and Safari Club International along with a research and media partnership with International Wildlife Crimestoppers, Inc. The MSCG grant will support the research that is underway and, combined with additional partner funding, will allow for a coordinated public outreach campaign using the results of the research.

The first phase of the Poach & Pay research is attempting to quantify the degree to which wildlife violations go undetected by surveying and interviewing representative samples of hunters, landowners, conservation officers, and persons convicted of wildlife crimes. This past October, surveys were sent to 80,000 landowners, 80,000 avid sportsmen (defined as purchasing a hunting license in each of the past 5 years), and more than 1,000 conservation officers in the eight target states (Maine, Pennsylvania, North Carolina, Missouri, Ohio, Michigan, Oregon, and Nevada). These states were selected to maximize variability in location, urban/rural makeup, percent of public vs. private lands, species composition, and accessibility and quality of data.

Noted WMI’s Dr. Jonathan Gassett, lead researcher on the project. “A more comprehensive survey is being administered to law enforcement officers of the eight subject states to investigate their thoughts, opinions, and attitudes on the levels of illegal take of wildlife, as well as their experiences with the associated judicial processes.”

In the meantime poaching or other suspected natural resources violations can be reported by calling the Report All Poaching hotline at 800-292-7800, available 24 hours a day, seven days a week.

Michigan: Van Buren County Man Gets Jail Time, Fines and Lifetime Loss of Hunting Privileges for Poaching

Contact: Lt. Gerald Thayer, 269-204-7045

A Decatur, Michigan, man’s unethical hunting activity has resulted in prison time, financial restitution and lifetime loss of hunting privileges in the state. Justin Ernst, 33, pleaded guilty Monday in Van Buren County’s 36th Circuit Court after illegally taking nine trophy bucks last year.

“We’re satisfied that this criminal will be imprisoned for robbing ethical hunters, damaging crops and endangering others by recklessly driving through fields and shooting deer at night,” said David Shaw, assistant chief, Michigan Department of Natural Resources Law Enforcement Division. “We hope this serious sentence serves its intended purpose and are grateful for the strong message rendered by the 36th Circuit Court.”

On Oct. 17, Michigan State Police troopers were investigating Ernst’s involvement in a domestic violence complaint. State police contacted DNR conservation officers when they noticed several deer in a nearby barn where Ernst reportedly spent a significant amount of time.

Conservation officers investigated and seized eight illegal bucks in the barn – five 10-pointers and three with eight points each.

Two days later, an anonymous tip to the DNR’s Report All Poaching hotline stated that Ernst had taken another deer. Conservation officers confirmed that Ernst had taken another trophy buck – increasing his total to nine illegally taken deer.

Ernst pleaded guilty to:

    • Felon in possession of a firearm (one count).
    • Obtaining a hunting license when ineligible (one count).
    • Illegal taking/possessing whitetail deer (three counts).

Read more

Michigan: Van Buren County suspect charged in poaching of nine trophy bucks

Police investigating an October domestic violence complaint discovered nine poached bucks in a barn located in Decatur.

Michigan Department of Natural Resources conservation officers determined the illegal, trophy deer belonged to a previously convicted felon who is suspected of driving his truck through fields, shining and shooting deer.

Justin Ernst, 33, Decatur, faces up to $59,500 in reimbursement to the state if convicted of the more than one dozen violations he was charged with. He was arraigned Nov. 9 in 7th District Court in Paw Paw.

Ernst has a prior DNR conviction from 2018 for illegally taking or possessing whitetail deer. Previous felony charges on record for Ernst include possession of methamphetamine or ecstacy, third-degree fleeing a police officer and third offense (felony) operating a vehicle under the influence of liquor.

“It’s a shame that this criminal ruined the chance for ethical, legal hunters to have their opportunity to take one of these trophy deer,” said Lt. Gerald Thayer, of the Michigan DNR Law Enforcement Division. “Not only did this felon steal from the natural resource, he also damaged agriculture crops, and has been doing so for some time. The financial penalty is the minimum he should serve.”

The 15 DNR charges pending against Ernst include:

  • Two counts of firearm possession by a felon.
  • Two felony firearms violations.
  • One count of hunting with a revoked hunting license.
  • One count of applying for, or obtaining, a hunting license when ineligible.
  • Nine counts of taking game illegally.

Read more

Michigan: Gaylord Man Sent to Prison After Years of DNR Related Violations

A Gaylord man was recently convicted in Otesego County Circuit Court on several charges ranging from wildlife and felony weapons violations to third-offense drunken driving and being a habitual offender.

Cecil Edward Day Jr., 56, is currently serving up to 7 1/2 years in state prison for his involvement in three separate incidents that Michigan Department of Natural Resources conservation officers have been investigating since 2018.

“This individual was a thief of our natural resources,” said Sgt. Mark DePew, Michigan DNR Law Enforcement Division, who led the investigations. “Our officers’ teamwork should be a lesson to those who seek to steal fish and game from the citizens of this state.”

Conservation Officers Tom Oberg, Kyle Cherry and DePew conducted separate investigations over a three-year period that resulted in numerous convictions.

On Sept. 8, Day pleaded guilty before a judge and was convicted of the following:

  • 2018: Intentionally discharging a firearm from a motor vehicle and possession or taking of an illegal deer. He was sentenced to 13 months in jail, loss of weapon used and ordered to pay fines totaling $1,836.
  • 2019: Possession of a firearm by a felon and using another’s hunting license. He was sentenced to 13 months in jail, loss of weapon used and ordered to pay fines totaling $1,458.
  • 2020: Operating a motor vehicle while being intoxicated (third offense) and being a habitual offender. He was sentenced to serve 16 months to 7 1/2 years in prison and to pay fines totaling $958.

The three sentences will run concurrently. Day started serving his prison sentence Sept. 13. Of his total $4,254 in fines assessed, $2,000 was ordered paid to the state’s Fish and Game Fund as restitution for the loss of game. Read more

Utah: Conservation Officers Investigating New Bull Elk Case

SALT LAKE CITY — Utah Division of Wildlife Resources conservation officers are seeking information from the public after a large bull elk was recently killed and left to waste.

The incident occurred on private property near Mormon Flat in Morgan County on Oct. 9. The animal was shot and killed and then left to waste. The bull elk was a 6×6, making it a trophy animal. DWR conservation officers received a report and are investigating the incident.

“Currently, there are no known suspects identified in the case,” DWR Conservation Officer Brandon Olson said. “Investigating officers received information that the two individuals in the submitted photo may have been in the area at the time of the incident and may have valuable information pertinent to the case. We would like to get additional information from the two men, so if you recognize either of the individuals, please contact us.” Read more

Boone and Crockett Club’s Poach & Pay Project Recommended for Multistate Conservation Grant

MISSOULA, MT – During the recent Association of Fish and Wildlife Agencies (AFWA) meeting, a Multistate Conservation Grant (MSCG) proposal to provide funding for the Boone and Crockett Club’s Poach & Pay Project was recommended for approval. Coordinated in conjunction with the Wildlife Management Institute (WMI), Poach & Pay is the first comprehensive research project to review, assess, and address the level of illegal take of wildlife in our country. Initial funding for this project was provided by the Bass Pro Shops and Cabela’s Outdoor FundLeupold & StevensFederal Ammunition, and Safari Club International along with a research and media partnership with International Wildlife Crimestoppers, Inc. The MSCG grant will support the research that is underway and, combined with additional partner funding, will allow for a coordinated public outreach campaign using the results of the research.

“A comprehensive study on wildlife poaching is long overdue and the Boone and Crockett Club with our partners at the Wildlife Management Institute believe it is time to change that,” commented Club chief executive officer Tony Schoonen. “With the financial support through this Multistate Conservation Grant and our sponsors we will know with more certainty what this ‘dark figure’ of poaching truly is, and then will work together to fight wildlife crime.” Read more

SCI Supports Boone and Crockett Club Poach & Pay Project

MISSOULA, Mont. (September 29, 2021) – The Boone and Crockett Club announced today that Safari Club International (SCI) is supporting the Club’s Poach & Pay project as a Trailblazer in Conservation, the highest, mission-focused partnership level available with the Club. The sponsorship shows SCI’s strong support for the initiative that is intended to reduce illegal take of wildlife in North America. Poach & Pay research is underway in eight states and the Club’s Trailblazer in Conservation partners will play a key role in outreach to the hunting community about the impacts of poaching on wildlife populations and state conservation efforts.

“SCI is proud to support the Poach & Pay program and to work with the Boone and Crockett Club in the fight against illegal poaching,” said CEO W. Laird Hamberlin. “This program will be critical to our efforts to increase participation in the North American Model of Wildlife Conservation and promote legal, regulated hunting. Hunters are the first line of defense against poaching, and SCI is excited for this important initiative across the country.”

The Boone and Crockett Club’s Poach & Pay research will assess the barriers to prosecuting poachers, evaluate the detection rate and conservation impacts of wildlife crime, describe the motivational factors and potential deterrents that influence poachers, and provide solutions to improve prosecution and conviction rates, as well as a defensible framework for poaching penalties. In addition, the Poach & Pay outreach campaign will arm U.S. sportsmen and women with real poaching data that clearly separates poaching from hunting. The sponsorship by SCI will provide critical resources as Poach & Pay partners develop and roll out this communications campaign. In particular, SCI’s engagement with state and federal legislators will help with any policy recommendations that will be necessary based on the research findings. Read more

Indiana: Four Illinois Juveniles Charged in Two-State Poaching Case

Indiana Conservation Officers’ portion of a six-month-long multi-state poaching investigation resulted in charges being filed against four juveniles from Mount Carmel, Illinois by the Gibson County Prosecutor’s Office.

The juveniles were charged with committing a combined 119 wildlife violations in Indiana and Illinois during a two-year span.

The investigation originated on Jan. 7, after Illinois DNR Conservation Police Officers (ICPOs) received information regarding alleged poaching near Mount Carmel, Illinois and Gibson County, Indiana. ICPOs obtained multiple search warrants, executed them on Jan. 8, and contacted Indiana Conservation Officers after discovering that numerous wildlife violations occurred in Indiana.

The states’ investigation found that the four juveniles had illegally killed more than 20 deer in the two states during the 2019, 2020, and 2021 deer seasons. Multiple deer were shot from trucks, shot with the aid of spotlights at night, and intentionally run over with vehicles, and then stabbed or kicked to death.

The wide range of misdemeanor violations includes torture or mutilation of a vertebrate animal, wanton waste, illegal taking of white-tailed deer, use of artificial light to take deer /jacklighting, fail to procure non-resident deer license, hunting without landowner consent, criminal trespass, criminal trespass on railroad train car, hunt/shoot from public roadway, take more than one antlered deer, and take/chase wild animal with the use of motor driven conveyance. Read more

Utah Company and Its Owner Plead Guilty to Wildlife Trafficking Charges

A Utah man and his company Natur Inc. pleaded guilty yesterday in federal court in Salt Lake City to violating the Lacey and Endangered Species Acts.

On Nov. 18, 2020, a grand jury issued an indictment charging Jean-Michel Arrigona, 58, of Midvale, with unlawfully importing wildlife into the United States and reselling it from the Natur store in Midvale, which he owns. In a plea agreement with the government, Arrigona admitted that he imported approximately 1,500 wildlife items from 2015 to 2020. He only declared three of the packages, as required, to the U.S. Fish and Wildlife Service or customs authorities. Arrigona resold the wildlife online and at Natur. The wildlife, primarily from Indonesia, consisted of taxidermy mounts and bones of bats, flying foxes, frogs, starfish, insects, rodents, and lizards. Some of the wildlife, such as the flying fox (Pteropus sp.) and monitor lizard (Varanus sp.) are protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which regulates trade in endangered or threatened species through permit requirements. The United States, Indonesia, and 181 other countries are signatories to the CITES treaty. Read more

Michigan: Two Huron County Men Arraigned for Over the Limit Gamefish

Men will pay a total of more than $8,500 in mandatory restitution

Stanley Garbacz Jr., 68, of Caseville, and Bruce Warren, 53, of Pigeon, were arraigned in Huron County District Court recently for illegal possession of panfish, perch and walleye.

Garbacz turned himself in to authorities the week of May 10 and faces two charges of over limit possessions; one charge for perch and one charge for walleye, and must pay $7,930 in restitution.

Warren surrendered earlier this week and was arraigned on one charge of taking a daily over limit of perch and owes $600 in mandatory restitution. Both men face additional court fines and costs and could lose their fishing privileges when they are sentenced at a future court appearance.

“Fish rules and regulations are in place to maintain a healthy natural resource,” said Lt. Dave Shaw, Michigan DNR Law Enforcement Division. “Taking over limits by one or more individuals can impact the harvestable population and which could potentially reduce fish species for future generations.”

Michigan Department of Natural Resources Conservation Officer Josh Wright received a tip from the DNR’s Report All Poaching Hotline in March that Garbacz was potentially at his residence in possession of a few hundred perch.

While in route to the Garbacz’s residence, Wright requested assistance from Huron County Sheriff’s Office Deputy Joshua Loss, who arrived at the suspect’s home first. Loss confirmed that there were “a lot” of perch being filleted.

Wright arrived at the residence and received permission to count the 170 perch that Garbacz and Warren caught earlier in the day – putting them each over the daily catch limit by 60 perch.

As Wright continued the investigation, he found 85 bags of frozen fish in four of Garbacz’s freezers. Wright thawed and counted the fillets. Based on the Saginaw Bay area daily and possession limits, Garbacz was over limit by:

  • 35 walleye; the daily limit is eight. Anglers may possess an additional two days’ limit of walleye as long as they are processed, with a total possession limit of 24.
  • 245 panfish; the daily limit it 25. An angler may possess an additional two days’ limit of panfish as long as they are processed, with a total possession limit of 75.
  • 393 additional perch; the daily limit it 25. Fishers may possess an additional two days limit of walleye as long as they are processed, with a total possession limit of 75.

Processed fish from previous days must be canned or frozen.

Suspected poaching violations may be reported 24 hours a day, seven days a week to the DNR’s Report All Poaching hotline at 800-292-7800. Tips may be submitted anonymously and rewards may be offered for information leading to the arrest and conviction of suspects.

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