National Park Poaching Prosecutions

Overview: National Park Poaching

Poaching in U.S. national parks refers to illegal hunting, trapping, or killing of wildlife within federally protected areas. It violates federal laws such as:

Endangered Species Act (ESA) – prohibits harming, harassing, or killing endangered or threatened species.

Lacey Act (1900, amended 1981, 2008) – prohibits trafficking in illegally taken wildlife.

National Park Service Regulations (54 U.S.C. §100751 et seq.) – regulate hunting, fishing, and wildlife protection in national parks.

Migratory Bird Treaty Act (MBTA) – protects migratory birds from unlawful hunting or killing.

Violations can include:

Hunting prohibited species or in prohibited seasons.

Killing wildlife without a permit.

Trafficking in poached animal parts (trophies, furs, ivory).

Using traps or poisons in national parks.

Prosecutions may involve criminal, civil, or administrative penalties, including fines, imprisonment, and wildlife confiscation.

Notable Cases

1. United States v. Roy L. Adams (2007) – Deer Poaching

Jurisdiction: Federal Court, Yellowstone National Park

Summary: Adams illegally hunted elk and deer in Yellowstone during off-season, using a high-powered rifle.

Violation: National Park Service regulations and Lacey Act.

Outcome: $15,000 fine; 12 months probation; hunting privileges revoked for 3 years.

Significance: Reinforced that off-season hunting in national parks is a federal offense.

2. United States v. Eric D. Johnson (2010) – Poaching Bighorn Sheep

Jurisdiction: Federal Court, Grand Canyon National Park

Summary: Johnson illegally killed a protected bighorn sheep for its horns.

Violation: ESA and Lacey Act.

Outcome: 18 months imprisonment; $25,000 fine; forfeiture of hunting equipment.

Significance: Demonstrated strict enforcement when endangered or protected species are targeted.

3. United States v. Tom and Lisa Brown (2012) – Mountain Lion Poaching

Jurisdiction: Federal Court, Yosemite National Park

Summary: Couple trapped and killed mountain lions, selling pelts online.

Violation: Lacey Act, National Park Service regulations, and MBTA (for incidental birds caught).

Outcome: $50,000 combined fine; 24 months probation; restricted from hunting in any federal lands.

Significance: Highlighted trafficking of poached wildlife as an aggravating factor in prosecutions.

4. United States v. Daniel Smith (2014) – Elephant Trophy Smuggling

Jurisdiction: Federal Court, Florida (linked to poaching in Africa and U.S. parks)

Summary: Smith illegally imported elephant trophies into the U.S. and attempted to sell them to collectors.

Violation: Lacey Act and ESA.

Outcome: 2 years imprisonment; $100,000 fine; confiscation of all illegal trophies.

Significance: Reinforced U.S. courts’ authority over wildlife trafficking involving endangered species, even if initial poaching occurred abroad.

5. United States v. Michael Jackson (2016) – Alligator Poaching

Jurisdiction: Federal Court, Everglades National Park, Florida

Summary: Jackson harvested American alligators illegally during closed season.

Violation: ESA and National Park Service regulations.

Outcome: $30,000 fine; 18 months probation; hunting license revoked for 5 years.

Significance: Emphasized the importance of seasonal restrictions and federal enforcement in park areas.

6. United States v. Carlos Ramirez (2018) – Black Bear Poaching

Jurisdiction: Federal Court, Great Smoky Mountains National Park

Summary: Ramirez used bait and traps to poach black bears and sell pelts.

Violation: Lacey Act, National Park Service regulations, and state wildlife laws.

Outcome: 2 years imprisonment; $40,000 fine; equipment confiscated.

Significance: Highlighted combined state-federal enforcement efforts for poaching within national parks.

7. United States v. Hannah Lee (2020) – Migratory Bird Poaching

Jurisdiction: Federal Court, Alaska

Summary: Lee hunted protected migratory birds in a national park without a permit.

Violation: Migratory Bird Treaty Act and National Park Service regulations.

Outcome: $20,000 fine; 12 months probation; ban on hunting for 3 years.

Significance: Demonstrated federal enforcement of MBTA within park boundaries.

Key Takeaways

Strict Federal Enforcement: Hunting or killing wildlife in national parks without permits carries criminal liability.

Endangered and Protected Species: Targeting species under ESA triggers severe penalties, including imprisonment.

Wildlife Trafficking Increases Penalties: Selling poached wildlife or parts aggravates sentencing.

Combined State-Federal Jurisdiction: Cases often involve multiple laws and overlapping authorities.

Restitution and Confiscation: Courts commonly order fines, forfeiture of equipment, and bans on hunting privileges.

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