U.S. Attorney S. Lane Tucker | U.S. Department of Justice
U.S. Attorney S. Lane Tucker | U.S. Department of Justice
A federal grand jury in Alaska has indicted two Montana men for illegally killing a brown bear on a national wildlife refuge in Alaska, in violation of the Lacey Act.
Court documents state that between May 9 and May 12, 2022, Richard McAtee, 46, and Arlon Franz, 51, conspired to possess and transport a brown bear they had killed illegally in the Alaska Peninsula National Wildlife Refuge. McAtee was arrested Wednesday night in Montana.
The indictment alleges that one of the men was hunting without a contract with a master guide as required for nonresidents. The bear was reportedly shot before the legal hunting season had begun and on the same day the hunter had been airborne, violating both state and federal laws. The defendants are also accused of salvaging the hide of the bear in the field and transporting it from the Alaska Peninsula to a local hunting lodge, then to Port Moller, and finally to Anchorage.
The National Wildlife Refuge System is described by Congress as “a national network of lands and waters for the conservation, management, and where appropriate, restoration of fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.”
McAtee and Franz are charged with one count of conspiracy under 18 U.S.C. § 371 and two counts of violating the Lacey Act under 16 U.S.C. §§ 3372(a)(1) and 3373(d)(1)(B). McAtee made his initial court appearance yesterday before the U.S. District Court for the District of Montana. If convicted, each man faces up to five years in prison and a $100,000 fine. A federal district court judge will determine any sentence after considering U.S. Sentencing Guidelines along with other statutory factors.
U.S. Attorney S. Lane Tucker of the District of Alaska; Senior Federal Wildlife Officer Joshua Macri from U.S. Fish and Wildlife Service's Alaska Region; and Colonel Bryan Barlow from Alaska Wildlife Troopers announced these charges.
The case is being investigated by U.S. Fish and Wildlife Service along with Alaska Wildlife Troopers with assistance from U.S. Forest Service.
Assistant U.S. Attorneys James Klugman and William Taylor are prosecuting this case.
An indictment is merely an allegation; all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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