WEBVTT

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If you want to learn more about the topics of

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today's episode, visit the podcast website at

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naturessecretservice .com. Thanks for listening.

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Okay, people, listen up. Here we go. My name

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is Ed Newcomer. I'm your host of Nature's Secret

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Service, the podcast that puts you in the room

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with the men and women of wildlife law enforcement.

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Today, our guest is Steve Furr, joining us from

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his home in Washington State. Steve was a special

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agent for the U .S. Fish and Wildlife Service,

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originally stationed in Sacramento, California,

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but later transferred to a single agent station

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up in Olympia, Washington. He served many years

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as a, not just a special agent, but also as a

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regional and national firearms instructor for

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the service, which is a great help to all of

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us agents. And he was the recipient of the very

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prestigious Guy Bradley Award in, I believe 2017,

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right Steve? That's correct. The Guy Bradley

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Award is a recognition of a long career of outstanding

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service and is named after Guy Bradley, who was

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the first wildlife officer killed in the line

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of duty back in 1905. Prior to becoming a Fish

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and Wildlife Service Special Agent, Steve served

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as a wildlife officer for the state of Washington

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for many years. So I'm super happy to have Steve

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here. Steve and I worked together in the same

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region for a number of years, and we know each

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other quite well. But Steve, thank you so much

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for being on the podcast. It's great to have

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you here. Yeah, absolutely. It's good to be here.

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You're looking good. You know, you and I both

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worked in what was known as Region 1 at the time,

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which included California, Oregon, Washington,

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Idaho, Hawaii, and all of the Pacific Islands.

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We always had such a great camaraderie among

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all of the agents in that region. And I think

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part of that is because throughout that region,

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there were a lot of similarities in some of the

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cases we did, or at least in terms of kind of

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the high profile of the West Coast in terms of

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the overall Fish and Wildlife Service mission

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with regard to law enforcement. So we were always

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kind of under the same or we were on the same

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hot plate in terms of, there was a lot of attention

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on the cases that were handled on the West Coast.

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I don't know if you, I think you and I share

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a, we share a mutual acquaintance, a wildlife

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officer up in the state of Washington named Greg

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Haw. And Greg said something to me once that

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really struck me, because I always knew Greg

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as a very hard charging, you know, uniformed

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wildlife officer. He was always out there chasing

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poachers in the middle of the night. working

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his, you know, working his butt off on weekends

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and holidays. But he said something to me once

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that really struck me. And he said, you know,

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if I could do my career over again and start

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over, I would have focused a lot more time on

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habitat cases. And that I agreed with that from

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my perspective as an agent. I wish I would have.

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And I don't know. What are your thoughts on that?

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Well, you know, as a new agent starting out,

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you know, you're looking for direction on you

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know what to do right i mean what's important

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what do they want me to do and as as you know

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we had priorities that were spelled out um you

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know in the service manual and you know if you

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if you ever cracked it open and read it you know

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the number one priority was endangered species

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uh habitat destruction so you know but they're

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Very unattractive cases, you know, they're they're

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always political You know, nobody likes doing

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them Try selling one of those to a US attorney,

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right? There's there's just all kinds of problems

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with them So it was always ironic to me that

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you know, it was you know This thing first mentioned

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on levels of priority But very few of them ever

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ever got done, right? I mean, I think you'd agree

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with me I mean just there's really just probably

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been a handful of criminal cases over over the

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years, you know that have been done on Habitat

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destruction of it, you know endangered species

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habitat. So yeah Yeah, that is true. And you

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know, in fact on my way over here to the studio

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today I looked up I went online and I looked

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at the Office of Law Enforcement webpage for

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the Fish and Wildlife Service and I looked for

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the priorities. And even right now, the priorities

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for the Office of Law Enforcement, number one,

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I'll read it to you. I got it here on my phone.

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It says, number one priority is unlawful commercial

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activities and or activities involving habitat

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destruction affecting wild populations of fish,

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wildlife, or plants listed as endangered or threatened.

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That's like the number one priority for the Office

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of Law Enforcement. And yet, you're right. I

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mean, you hardly ever hear about those cases.

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I think in my whole 20 -year career, I worked

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on less than half a dozen for sure. And of those,

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I think maybe one of them got prosecuted. And

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they're complicated to work. They're complicated

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to explain to a prosecutor or a jury. They are

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rife with political landmines, right? And yeah,

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they're just, they can be very controversial

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because a lot of times they interfere with, you

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know, quote unquote, private land ownership use

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and things like that. Yep, development. And how

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often do you have bodies? Well, yes. That's a

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key most of the time, you know, you're just relying

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on science and that you know, these species were

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there or this is the type of habitat and You

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know, I was lucky on a few of them that it was

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well documented that you know, the species was

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there, you know, and that was really key because

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you know, try going to an assistant U .S. attorney

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with, well, we think they're there, you know?

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I mean, the habitat looks good. So, you know,

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believe us, they're, you know, they're there.

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And they're just, they're just not going to buy

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that. It's just not clean enough, you know? Right.

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And that's where this relationship between the

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law enforcement side, the agent, and the ecological

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services side of the Fish and Wildlife Service,

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where the biologists are, is so critical because...

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So often, they're not even in the same offices

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most of the time. They're separate offices. And

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they don't communicate very well and very often.

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And so the biologists, they really have no idea

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what the agent's going to need when they show

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up on a habitat destruction case. And if that

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documentation has been done before, that these

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animals are there, they were there, and they

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are there, and they were there up until this.

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land was destroyed, then you have a much better

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shot at making a case. But if that documentation

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is not there, a prosecutor is just going to see

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reasonable doubt everywhere, right? And the service

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doesn't have the resources to document every

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available habitat for all these species. They

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never will. That would be a massive undertaking.

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Some of the hot spots for these species, they

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have good data and they know where they are and

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they've detected them there for years and years.

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But a lot of times it's just not there. And there's

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managers in those offices with those biologists

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that are leery of getting their people involved

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in these cases. They know it's going to be a

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time sucker, right? It's going to just take them

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away from their duties and you're going to own

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them for a while because they might need to write

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you a take statement or be out there in the field

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with you. There's just problem after problem

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with these. They're just not, they're not easy,

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and you really have to have some resolve to push

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one of these things through. Yeah, 100%. I have

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two stories on that really quick. One was, you

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know, when I was an agent in Southern California,

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we used to try to go up to the ecological services

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officer, at least talk to him on a Zoom call

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or something, and do some training for them on

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what is it that... you need to show to make a

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criminal case if something if criminal cases

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ever, you know, in play, the biologists need

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to know what they need to document and how in

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order to set you the agent up for success, right?

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Right, right, right. And then the other one is

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to your point about, you know, selling a case

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to a prosecutor. Agent Aaron Dean and I once

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worked really hard on a habitat destruction case

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that involved San Diego fairy shrimp, which are

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endangered. But you know, they're a tiny little

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animal that you're not going to find a body,

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right? We actually put together a great case.

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We actually got a confession from the person

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who who destroyed the habitat and they admitted

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that they knew that there were fairy shrimp there.

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Took it to a prosecutor with a confession in

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hand. And the first we walked into the prosecutor's

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office in the first words out of his mouth were,

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so what is this, some sort of little mud bug

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that you were dealing with? And that just like

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set the whole attitude for the case and he never

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prosecuted it. Even with a confession in hand,

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he would not file charges on that case because

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it wasn't sexy enough, you know? Well, and they're

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misdemeanors, right? Exactly. That's the other

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thing. Yeah. I mean, unless you find a false

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document or obstruction or something like that,

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you know, it's just It's a misdemeanor and, you

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know, they're busy, right? These aren't, you

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know, something they're dying to... So, you know,

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a lot of times, you know, the service wanted

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us to go civil. But we really didn't have a good

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civil process. That wasn't strong in the service.

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And if we had a real strong civil process, it

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might have been more attractive, because you're

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going to do all this work like it's a criminal

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case anyway. I almost never tried to push anything

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civil, because from my perspective, because the

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Endangered Species Act maximum penalty is only

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a Class A misdemeanor. I at least wanted that

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criminal conviction on the defendant's record,

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right? Because the punishment for criminal versus

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civil wasn't going to be that different. It was

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mainly going to be money. It was going to be

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money. But I wanted that criminal conviction

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on their record. So I very rarely went. If I

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was going to put in the time that you and I are

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talking about, I went criminal always. And if

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you couldn't make that, just forget about it.

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When I talk to the public, whenever I talk to

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them, I'm sure this is true for you, too. And

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you tell them that the maximum penalty under

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the Endangered Species Act is a Class A misdemeanor.

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Maximum time in jail is one year. And what is

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that, $100 ,000 fine, I think? It's shocking.

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You kill the last tiger in the world, and the

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maximum penalty would be one year in jail. Yeah,

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right, right. Anyway, we could go on about that

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all day. I want to talk to you about a particular

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area in the Sacramento district where you worked

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when you were an agent there in Sacramento called

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the Susan Marsh. Can you tell us about that?

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What is it? Where is it? Yeah, this is Susan

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Marsh. So I started out in Sacramento. I worked

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a year there in Iraq office, resident agent in

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charge. And after that year in the Sacramento

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office, I decided to take the Burlingame office,

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which was over in the Bay Area, near the airport

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there in South San Francisco. And so that was

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part of the area I worked, was the Sassoon Marsh.

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It's known as the largest brackish water marsh

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on the West Coast. Most of it has been diked

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off to tidal flow originally for grazing and

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agriculture, but then they turned it into all

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these duck clubs and there's literally like 158

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duck clubs that are part of the Sassoon Marsh.

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And it's just a bunch of walled off duck ponds

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to the bay, right? From the bay. So explain to

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our listeners who might not be familiar, what

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is a duck club? What is that for? Well, a duck

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club is just usually a group of guys or a family

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that has gotten together and purchased land.

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And in the case where we're talking about it,

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they... They do what they call manage these wetlands.

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They're called manage wetlands for waterfowl.

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And they try to raise and lower water levels

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in order to promote certain types of plants to

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grow that are conducive to bringing ducks in

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for hunting. And so a lot of this marsh, you've

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got to remember, a lot of this marsh has been

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diked off for many, many years. All the animals

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and the plants that were associated with a natural

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marsh, a flowing marsh or tidal wetlands, that's

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been part of the reason there's so many listed

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species in the San Francisco Bay areas, because

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a lot of these tidal wetlands have all been drained,

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diked for salt production, agriculture. you know,

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development, whatever. And so very few of these,

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very little of this tidal marsh remains. I have

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a couple numbers for you. So if you want to get

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into that a little bit, but historically there

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were 60 ,000 acres of tidal wetlands and now

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there's less than 8 ,000. So that gives you an

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idea how little tidal wetlands And a lot of places

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like up here in the Northwest, we are breaching

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levees and bringing the tidal flow back in, mostly

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for salmon. And it's the same thing down there.

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These are really important areas for juvenile

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salmon. And they're really trying to breach a

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lot of these levees and bring them back into

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tidal marshes. So there are certain words that

00:15:38.620 --> 00:15:41.809
I can never pronounce. This marshes name is one

00:15:41.809 --> 00:15:49.690
of them even Soon it's spelled funny so when

00:15:49.690 --> 00:15:52.450
I my brain is there certain words I cannot say

00:15:52.450 --> 00:15:54.289
that I will never say on this podcast because

00:15:54.289 --> 00:16:01.149
I cannot pronounce them So tell us what what

00:16:01.149 --> 00:16:04.090
kind of species are there that what this marsh

00:16:04.090 --> 00:16:07.230
is important to what species Yeah, there's a

00:16:07.230 --> 00:16:11.039
number of listed species, you know A number of

00:16:11.039 --> 00:16:13.940
fish, the delta smelt that's been in the news

00:16:13.940 --> 00:16:18.559
lately, that's an important one that's just tanked.

00:16:19.580 --> 00:16:24.860
There's green sturgeon, there's Chinook salmon,

00:16:25.980 --> 00:16:30.419
California clapper rail, salt marsh harvest mouse,

00:16:31.059 --> 00:16:35.100
a couple of plants, California lease turn. I

00:16:35.100 --> 00:16:37.940
can go on and on. I think I've probably covered

00:16:38.379 --> 00:16:40.700
three quarters of them, but there's probably

00:16:40.700 --> 00:16:44.259
some I'm missing. So because these are all species

00:16:44.259 --> 00:16:46.720
that depend on tidal marshes, you know, they've

00:16:46.720 --> 00:16:50.419
all just really tanked over the years. And you

00:16:50.419 --> 00:16:52.259
say listed, you're talking about listed under

00:16:52.259 --> 00:16:54.919
the Endangered Species Act, like the smelt and

00:16:54.919 --> 00:16:58.669
the clapper rail for sure. Yeah endangered or

00:16:58.669 --> 00:17:01.110
threatened, you know one at one of the two and

00:17:01.110 --> 00:17:03.610
you know, California clapper rails They used

00:17:03.610 --> 00:17:06.109
to market hunt those things, you know, I mean,

00:17:06.170 --> 00:17:08.809
you know around the turn of the century I mean,

00:17:08.829 --> 00:17:11.869
they were going to restaurants in San Francisco,

00:17:11.869 --> 00:17:14.670
you know, there were you know that that those

00:17:14.670 --> 00:17:18.549
kinds of numbers and Some of the stuff I've looked

00:17:18.549 --> 00:17:21.130
up lately. I mean, they think there's 1200 of

00:17:21.130 --> 00:17:25.190
them left Yeah, see and that fits perfectly with

00:17:25.190 --> 00:17:27.750
that number one highest priority for the Office

00:17:27.750 --> 00:17:30.329
of Law Enforcement. You've got habitat where

00:17:30.329 --> 00:17:33.289
critically endangered species are living and

00:17:33.289 --> 00:17:37.730
yeah, that's a high priority. Yeah, so you're

00:17:37.730 --> 00:17:40.410
given that as a high priority. You you arrive

00:17:40.410 --> 00:17:43.450
in this new duty station. You're under the Sacramento

00:17:43.450 --> 00:17:45.789
Rack District, but you're there in Burlingame.

00:17:46.069 --> 00:17:49.829
What? Tell us how how did you get involved with

00:17:49.829 --> 00:17:53.170
the marsh? What what happened? Well, you know,

00:17:53.269 --> 00:17:55.230
it's it's there's some duck hunting that goes

00:17:55.230 --> 00:17:58.269
on there it's not like it used to be in the 70s

00:17:58.269 --> 00:18:01.309
and a lot of that is because the ducks have shifted,

00:18:01.309 --> 00:18:03.990
you know to all the rice in the Central Valley

00:18:03.990 --> 00:18:07.750
and So these guys that own these clubs, you know,

00:18:07.750 --> 00:18:09.910
they're really scratching all the time to try

00:18:09.910 --> 00:18:16.230
to make things better, you know and and so Originally

00:18:16.230 --> 00:18:22.009
my partner and I at the time Todd we we started

00:18:22.009 --> 00:18:24.309
going out and looking at the marsh, just trying

00:18:24.309 --> 00:18:29.190
to get an idea of who's who in the zoo, and what

00:18:29.190 --> 00:18:33.630
kind of practices are going on there. At that

00:18:33.630 --> 00:18:39.170
point, the way the federal baiting regulations

00:18:39.170 --> 00:18:41.829
were structured is you couldn't mow anything

00:18:41.829 --> 00:18:46.690
that had a seed on it. It was just prohibited.

00:18:47.490 --> 00:18:53.400
All your mowing you had to do before Any kind

00:18:53.400 --> 00:18:56.359
of seed production, even if it was a native plant,

00:18:56.819 --> 00:19:00.880
happened with the plant. There was a lot of mowing

00:19:00.880 --> 00:19:03.200
going on in the marsh, and we weren't looking

00:19:03.200 --> 00:19:05.880
at it as a huge deal, but we were trying to get

00:19:05.880 --> 00:19:08.839
our handle around what was going on out there,

00:19:08.859 --> 00:19:12.180
and if there were guys baiting with outside crops.

00:19:13.200 --> 00:19:15.640
and that kind of stuff and we really weren't

00:19:15.640 --> 00:19:18.859
even focused or I wasn't at the time on endangered

00:19:18.859 --> 00:19:21.900
species issues because I just newly arrived,

00:19:22.339 --> 00:19:26.619
really didn't know what was happening. So my

00:19:26.619 --> 00:19:29.519
rack at the time, the resident agent in charge,

00:19:30.720 --> 00:19:34.700
he gave me a list of some names of some people

00:19:34.700 --> 00:19:38.900
to go talk to that would give me some intel on

00:19:38.900 --> 00:19:43.289
possibly who the poachers were. you know, what

00:19:43.289 --> 00:19:47.109
kinds of bad things were going on. And of course,

00:19:47.130 --> 00:19:50.190
you know, I had port duties too, you know, with

00:19:50.190 --> 00:19:53.150
import -export, but this was kind of my recreational

00:19:53.150 --> 00:19:57.450
activity on weekends. And, you know, I'm a hunter,

00:19:57.509 --> 00:20:00.450
as you know, big duck hunter, so I love the marsh.

00:20:02.529 --> 00:20:06.230
And so one of the people he had top of the list

00:20:06.230 --> 00:20:10.450
was the executive director for the Sassoon Resource

00:20:10.450 --> 00:20:14.559
Conservation District. which was, you know, like

00:20:14.559 --> 00:20:17.740
a water district that was in charge of the Sassoon

00:20:17.740 --> 00:20:21.740
Marsh and all the duck clubs. And they were the

00:20:21.740 --> 00:20:24.420
ones that consulted with the Corps and got the

00:20:24.420 --> 00:20:27.119
Corps permit for all the activities that they

00:20:27.119 --> 00:20:29.819
wanted to do in the marsh. That's the Army Corps

00:20:29.819 --> 00:20:31.799
of Engineers, right? That controls how those

00:20:31.799 --> 00:20:35.359
dikes work and all that, yeah? Yep, all the...

00:20:35.359 --> 00:20:38.200
And so lots of regulations, as you can imagine,

00:20:38.319 --> 00:20:42.970
so... SRCD was formed, Sassoon Resource Conservation

00:20:42.970 --> 00:20:45.910
District, is to deal with all the permitting,

00:20:46.329 --> 00:20:51.210
deal with the 158 dug clubs. Cow Fish and Game

00:20:51.210 --> 00:20:54.309
has a huge presence there. They have a big wildlife

00:20:54.309 --> 00:20:59.130
area, Grizzly Island Wildlife Area. And so SRCD

00:20:59.130 --> 00:21:04.950
had a small staff. biologist and then this executive

00:21:04.950 --> 00:21:07.690
director that I was, you know, ended up wanting

00:21:07.690 --> 00:21:10.509
to meet with, you know. He's introduced to you

00:21:10.509 --> 00:21:12.730
as a possible, you know, source of great information

00:21:12.730 --> 00:21:16.430
about what's going on, right? Absolutely. Absolutely.

00:21:16.750 --> 00:21:18.890
Like, you know, I'm, you know, he's going to,

00:21:19.230 --> 00:21:21.150
you know, I'm going to find out all about, you

00:21:21.150 --> 00:21:23.609
know, all the bad guys doing bad things in the

00:21:23.609 --> 00:21:28.519
marsh. We set up an appointment with this individual,

00:21:28.559 --> 00:21:30.740
and I'm going to keep his name out of it because

00:21:30.740 --> 00:21:34.480
there's no reason at this point. He's deceased.

00:21:34.480 --> 00:21:42.220
We can talk about him. So anyway, we decided

00:21:42.220 --> 00:21:45.380
to go out there, and they actually share a building

00:21:45.380 --> 00:21:49.000
out on the cow fishing game wildlife headquarters.

00:21:49.279 --> 00:21:52.160
There's buildings out there and shops and everything,

00:21:52.160 --> 00:21:56.119
and we meet with them out in his office. and

00:21:56.119 --> 00:21:58.359
we start chit -chatting about one thing or the

00:21:58.359 --> 00:22:02.160
other. And I can tell right away, I'm like, so

00:22:02.160 --> 00:22:06.039
this is my boss's, you know, good source of information.

00:22:06.099 --> 00:22:08.980
Cause you know, you're getting the body language

00:22:08.980 --> 00:22:12.440
automatically, right? That he is not happy with

00:22:12.440 --> 00:22:15.619
these feds. And he just, you know, he is like,

00:22:15.640 --> 00:22:18.099
what are these guys up to? You know, a couple

00:22:18.099 --> 00:22:21.779
of young bucks, you know? And so we started talking.

00:22:21.799 --> 00:22:23.819
You're out there with your partner, Todd Eckhart,

00:22:23.980 --> 00:22:30.089
right? We're out there with Todd. We start talking

00:22:30.089 --> 00:22:34.289
about marsh practices and who's doing what. He

00:22:34.289 --> 00:22:37.789
starts telling us, well, we need to mow out there

00:22:37.789 --> 00:22:41.069
because it's really important for water circulation

00:22:41.069 --> 00:22:44.089
when we flood these ponds, if there's vegetation

00:22:44.089 --> 00:22:46.869
in the way. Well, prior to that, Todd and I had

00:22:46.869 --> 00:22:51.549
been out in the marsh. We could, we witnessed

00:22:51.549 --> 00:22:54.869
this one individual going out with a tractor,

00:22:55.750 --> 00:22:58.269
with a brush hog, you know, a big mower on it.

00:22:58.549 --> 00:23:01.130
And all he was doing is going from one patch

00:23:01.130 --> 00:23:04.269
of nut grass to the other, which was this naturally

00:23:04.269 --> 00:23:07.630
occurring, it's called alkali bull rush or nut

00:23:07.630 --> 00:23:10.910
grass. And he was going from one big patch to

00:23:10.910 --> 00:23:13.990
the next mowing and spreading the seed that this

00:23:13.990 --> 00:23:17.980
thing stuff produces. Right. Yeah. So I'm trying

00:23:17.980 --> 00:23:21.019
to remember the conversation, so I kind of called

00:23:21.019 --> 00:23:24.200
bullshit on what he was saying there. You know,

00:23:24.220 --> 00:23:27.720
I think I said something along the lines of,

00:23:27.960 --> 00:23:30.099
well, you know, we were watching this guy mow,

00:23:30.099 --> 00:23:32.420
and it looked like all he was doing was going

00:23:32.420 --> 00:23:35.660
from one patch of nut grass to the other, spreading

00:23:35.660 --> 00:23:39.579
seed before he flooded it. Right. Which would

00:23:39.579 --> 00:23:42.559
be, as you described earlier, that essentially

00:23:42.559 --> 00:23:45.359
is baiting that field to draw ducks in, right?

00:23:46.200 --> 00:23:49.700
Yeah, was back in the day right before they changed

00:23:49.700 --> 00:23:52.680
the ranks, you know, so we had a one of my previous

00:23:52.680 --> 00:23:55.740
guests in an earlier episode was cash reefer

00:23:55.740 --> 00:23:58.680
who worked in Louisiana. He talked a lot about

00:23:58.680 --> 00:24:01.880
the baiting regulations and why it's illegal.

00:24:02.759 --> 00:24:05.140
So hopefully, hopefully people listen to that

00:24:05.140 --> 00:24:07.460
episode. They know what baiting is and why it's

00:24:07.460 --> 00:24:10.579
why it's illegal when you're hunting ducks. But

00:24:10.579 --> 00:24:14.279
anyway, OK, so you're just challenging this guy's

00:24:14.279 --> 00:24:17.720
statement about the importance of mowing. Yeah.

00:24:18.400 --> 00:24:20.579
And it's important to know that regs have changed.

00:24:21.000 --> 00:24:23.000
So, you know, native plants, you can do that.

00:24:23.000 --> 00:24:25.279
But when we were having this discussion, it was

00:24:25.279 --> 00:24:29.440
still against the regulations, right? And so,

00:24:29.460 --> 00:24:32.180
you know, we weren't there to make a huge deal

00:24:32.180 --> 00:24:34.640
out of it, but, you know, as agents, you know,

00:24:35.039 --> 00:24:37.680
you got to call bullshit on bullshit, right?

00:24:37.680 --> 00:24:41.599
And so I just, I just mentioned this to them,

00:24:41.599 --> 00:24:46.660
you know, that what we'd seen and The guy just

00:24:46.660 --> 00:24:49.440
got beet red in the face. And I mean, this is

00:24:49.440 --> 00:24:53.980
the executive director of a government entity,

00:24:54.220 --> 00:24:56.799
right? And we're on cow fishing game. I'm kind

00:24:56.799 --> 00:24:59.220
of thinking we're going to form a relationship

00:24:59.220 --> 00:25:01.819
of some sort here, and it's going to be good.

00:25:02.400 --> 00:25:08.250
He turned beet red, stood up on his desk. or,

00:25:08.250 --> 00:25:10.289
you know, humped over his desk there, looked

00:25:10.289 --> 00:25:12.490
me right in the eye, came closer, looked me in

00:25:12.490 --> 00:25:14.309
the eye, and he says, I'm gonna do everything

00:25:14.309 --> 00:25:20.109
I can to get your ass out of this marsh. This

00:25:20.109 --> 00:25:22.829
is our first meeting. You know, we're only into

00:25:22.829 --> 00:25:27.809
this thing 10 minutes, you know? And so I just

00:25:27.809 --> 00:25:30.549
said, well, I guess we're done here, you know?

00:25:31.589 --> 00:25:35.529
And Todd's over, you know, just shaking his head

00:25:35.529 --> 00:25:39.170
and. And we just walked out and said, wow, that

00:25:39.170 --> 00:25:43.569
was something. What have we kicked over here?

00:25:43.569 --> 00:25:46.529
Exactly. You know what I mean? And in the detective

00:25:46.529 --> 00:25:48.509
business, when you run into somebody with that

00:25:48.509 --> 00:25:50.529
kind of attitude, kind of gives you a clue that

00:25:50.529 --> 00:25:52.890
there might be some illegal activity afoot, right?

00:25:53.839 --> 00:25:57.559
Yeah, yeah, and you know in hindsight when we

00:25:57.559 --> 00:25:59.640
when we go through the rest of the story You

00:25:59.640 --> 00:26:02.440
can see why this guy did what he did, you know,

00:26:02.440 --> 00:26:05.759
I mean he was in charge of everything Suddenly

00:26:05.759 --> 00:26:10.380
here come a couple feds He knows endangered species

00:26:10.380 --> 00:26:15.019
are at the top of our list of priorities At the

00:26:15.019 --> 00:26:17.200
time it really didn't even occur to me. I thought

00:26:17.200 --> 00:26:20.319
this was just like stay out of our duck clubs,

00:26:20.319 --> 00:26:24.859
you know and We don't want to be worked by you.

00:26:24.920 --> 00:26:28.579
We're on a state facility. We don't need you

00:26:28.579 --> 00:26:32.279
out here checking us. So this is interesting

00:26:32.279 --> 00:26:35.240
too, because in his role, anytime there's an

00:26:35.240 --> 00:26:38.640
endangered species in habitat, there has to be

00:26:38.640 --> 00:26:40.880
what's called a habitat conservation plan or

00:26:40.880 --> 00:26:44.839
an HCP, right? Yeah. And this guy, in his role,

00:26:45.500 --> 00:26:48.200
what was his relationship to the HCP there on

00:26:48.200 --> 00:26:53.220
the marsh? Well, he's the keeper of the endangered

00:26:53.220 --> 00:26:56.579
species. He's the one that's negotiating the

00:26:56.579 --> 00:26:59.519
permit with the Corps of Engineers for what they

00:26:59.519 --> 00:27:03.240
can and can't do. He's supposed to be the enforcer

00:27:03.240 --> 00:27:07.599
because he signed the Corps permit that allowed

00:27:07.599 --> 00:27:11.140
everything to happen on that marsh, what dredging

00:27:11.140 --> 00:27:15.569
was allowed to happen. you know, a whole host

00:27:15.569 --> 00:27:17.829
of activities out there. So pretty intimately

00:27:17.829 --> 00:27:19.990
familiar with what animals are there and what

00:27:19.990 --> 00:27:23.349
the rules are. Yeah. That's all they do. It's

00:27:23.349 --> 00:27:25.970
all they do. So great knowledge. Absolutely.

00:27:26.309 --> 00:27:28.630
Yeah. That's what we're going to get, you know,

00:27:28.630 --> 00:27:32.069
great. It doesn't get any better than that. So

00:27:32.069 --> 00:27:35.930
what, after that meeting, now you're kind of,

00:27:36.069 --> 00:27:38.789
your focus is even maybe more on the marsh. What

00:27:38.789 --> 00:27:41.869
happens next after that, after the meeting? Well,

00:27:41.910 --> 00:27:45.259
what really, you know, so So Todd and I, we went

00:27:45.259 --> 00:27:48.980
out and made some, there was an agent up north

00:27:48.980 --> 00:27:53.140
in Chico who used to work that area. Okay. And

00:27:53.140 --> 00:27:55.500
you know who I'm talking about there. You know,

00:27:55.579 --> 00:27:58.539
he was involved in one of your cases prior to

00:27:58.539 --> 00:28:01.240
you being involved. I think the John Mendoza.

00:28:02.140 --> 00:28:07.200
Yeah. And so John had some really good contacts

00:28:07.200 --> 00:28:09.859
there and he was feeding us information on, you

00:28:09.859 --> 00:28:12.640
know, some some good over limits that were happening

00:28:12.640 --> 00:28:15.259
out there in the marsh and I think I'll just

00:28:15.259 --> 00:28:18.660
tell this story real quick because it was it's

00:28:18.660 --> 00:28:21.420
a small group right everybody knows each other

00:28:21.420 --> 00:28:23.799
so when somebody gets pinched for an over limit

00:28:23.799 --> 00:28:26.440
right it's just gonna it's gonna spread like

00:28:26.440 --> 00:28:30.880
wildfire yeah and Todd and I sat on an individual

00:28:30.880 --> 00:28:35.079
and the information was right on you know he's

00:28:35.079 --> 00:28:37.480
out shooting double limits every day you know

00:28:37.480 --> 00:28:41.859
that's what he does he kills 14 The limit was

00:28:41.859 --> 00:28:45.940
seven. He brings half in at one time and then

00:28:45.940 --> 00:28:47.920
goes out and gets the rest of the birds when

00:28:47.920 --> 00:28:52.019
the coast is clear. We watched them, the better

00:28:52.019 --> 00:28:58.440
part of the day, kill 14 green winged teal. We

00:28:58.440 --> 00:29:02.940
came in by boat. These places are real difficult

00:29:02.940 --> 00:29:06.619
to get into. The government bought me a great

00:29:06.619 --> 00:29:10.170
16 -foot lunge. And I used to run around those

00:29:10.170 --> 00:29:12.329
channels and they couldn't keep you out because

00:29:12.329 --> 00:29:14.549
there was a lot of channels and if you knew what

00:29:14.549 --> 00:29:18.410
you were doing, you could go anywhere. And so

00:29:18.410 --> 00:29:23.309
we came in by boat, watched him kill 14. And

00:29:23.309 --> 00:29:27.970
what was so amazing to me is he brought his legal

00:29:27.970 --> 00:29:30.750
limit in. We contacted him where he came into

00:29:30.750 --> 00:29:34.279
the clubhouse there with seven birds. We immediately

00:29:34.279 --> 00:29:36.119
just said, hey, we're not going to beat around

00:29:36.119 --> 00:29:38.220
the bush. Where's the other seven? We've been

00:29:38.220 --> 00:29:40.920
out here all day watching you. And he just kind

00:29:40.920 --> 00:29:45.099
of dropped his head and had me get in the boat

00:29:45.099 --> 00:29:48.799
with him. I went down the channel back where

00:29:48.799 --> 00:29:51.720
he came from, where the blind is. And there on

00:29:51.720 --> 00:29:56.579
this little hummock of ground was the other seven

00:29:56.579 --> 00:30:00.279
that he'd put 100 yards away before he came into

00:30:00.279 --> 00:30:05.519
the clubhouse dock. And my point on this is he'd

00:30:05.519 --> 00:30:08.019
been doing this so many years that this hummock

00:30:08.019 --> 00:30:11.400
of ground was just bare. It was just bare dirt

00:30:11.400 --> 00:30:13.920
that should have been grass because this guy

00:30:13.920 --> 00:30:18.559
had been doing this for God knows how long. And

00:30:18.559 --> 00:30:21.619
it just took people to go out there and sit all

00:30:21.619 --> 00:30:24.279
day to catch them. And who's going to do that,

00:30:24.400 --> 00:30:29.089
right? I mean, it's work. We got up at dark 30,

00:30:29.289 --> 00:30:36.230
ran a boat through the dark sloughs. So we were

00:30:36.230 --> 00:30:41.450
pretty happy. But that had an effect on the marsh

00:30:41.450 --> 00:30:43.789
pretty soon. All of a sudden, there's two feds

00:30:43.789 --> 00:30:47.509
in there. They're willing to do this kind of

00:30:47.509 --> 00:30:51.450
work for an over -limited docks. And so that

00:30:51.450 --> 00:30:54.769
just kind of added to it. But what got me into

00:30:54.769 --> 00:31:00.190
the whole endangered species take situation was

00:31:00.190 --> 00:31:06.630
there was a flood event in the marsh. So this

00:31:06.630 --> 00:31:09.849
marsh is at the confluence of the Sacramento

00:31:09.849 --> 00:31:12.849
and the San Joaquin rivers, okay? So they come

00:31:12.849 --> 00:31:16.029
together right there. Huge, huge amount of water.

00:31:16.589 --> 00:31:22.109
So as you know, you know, when the... California

00:31:22.109 --> 00:31:25.730
gets rain, they get rain. It's usually too much

00:31:25.730 --> 00:31:31.230
and it all comes at once. And so there was a

00:31:31.230 --> 00:31:34.029
huge flood event out there in the marsh. And

00:31:34.029 --> 00:31:36.250
again, these are all duck clubs and there's some

00:31:36.250 --> 00:31:39.470
nice clubs and there's some reason to be concerned

00:31:39.470 --> 00:31:44.089
about flooding, obviously. So the Corps kicked

00:31:44.089 --> 00:31:46.950
out what was called an emergency permit, right?

00:31:46.950 --> 00:31:49.470
Because some of the levees were starting to fail,

00:31:49.490 --> 00:31:53.150
and there was some holes punched in them. And

00:31:53.150 --> 00:31:57.210
so the Corps kicked out an emergency permit,

00:31:57.549 --> 00:32:01.349
and that permit said, look, you can go repair

00:32:01.349 --> 00:32:05.509
the damage, but if there's any endangered species

00:32:05.509 --> 00:32:09.009
concerns, you need to consult with US Fish and

00:32:09.009 --> 00:32:12.380
Wildlife Service immediately. Then you're gonna

00:32:12.380 --> 00:32:15.980
have to mitigate with them if you end up destroying

00:32:15.980 --> 00:32:19.579
some habitat You know is it kind of put the onus

00:32:19.579 --> 00:32:22.059
on the landowner to get a hold of the service

00:32:22.059 --> 00:32:25.460
And you know fix your problem, but then figure

00:32:25.460 --> 00:32:29.779
out what what to do from there Well all these

00:32:29.779 --> 00:32:32.799
not all these clubs, but a bunch of the clubs

00:32:32.799 --> 00:32:36.359
and of course the main Construction company that

00:32:36.359 --> 00:32:38.799
dealt with all the construction out there was

00:32:38.799 --> 00:32:42.289
paid for by the clubs to do the construct construction,

00:32:42.710 --> 00:32:46.569
they just went crazy, right? Because they use

00:32:46.569 --> 00:32:50.990
this as a way to go out and just dredge, baby

00:32:50.990 --> 00:32:55.410
dredge, right? I mean, because they hadn't had

00:32:55.410 --> 00:33:00.589
access to the kind of dredging forever that they

00:33:00.589 --> 00:33:05.829
wanted to do to shore up these levels. So I get

00:33:05.829 --> 00:33:08.950
a call eventually from the Sacramento field office

00:33:08.950 --> 00:33:12.910
like it's gone crazy out there. They're in all

00:33:12.910 --> 00:33:18.910
this listed species habitat day after day doing

00:33:18.910 --> 00:33:22.990
whatever they want because they want to strengthen

00:33:22.990 --> 00:33:25.849
all these levees under this emergency permit

00:33:25.849 --> 00:33:30.690
and going way above and beyond what they're supposed

00:33:30.690 --> 00:33:35.549
to do. I got called in to the Sacramento office

00:33:35.549 --> 00:33:42.000
and Essentially, my job was to go out and document

00:33:42.000 --> 00:33:50.240
how much had been done. That was going to take

00:33:50.240 --> 00:33:53.460
up a month or two of my time at that point. It

00:33:53.460 --> 00:33:57.619
was such a huge amount of dredging all over the

00:33:57.619 --> 00:34:04.619
marsh. Luckily, they gave me full rein to rent

00:34:04.619 --> 00:34:08.110
some aircraft. And a lot of it, a lot of it I

00:34:08.110 --> 00:34:12.829
did by air. I just flew around and took pictures

00:34:12.829 --> 00:34:16.170
of all this new levy work and doc, cause who

00:34:16.170 --> 00:34:18.730
was going to do that? Right? Who was going to

00:34:18.730 --> 00:34:21.969
keep these guys accountable for the amount of

00:34:21.969 --> 00:34:26.329
work that was being done. Right. And so, and

00:34:26.329 --> 00:34:28.429
of course, biologists who contacted you, they

00:34:28.429 --> 00:34:31.327
could tell these guys, Hey, you're, you're, you're

00:34:31.320 --> 00:34:34.179
You're damaging habitat and you've got no mitigation

00:34:34.179 --> 00:34:36.579
plan, but the biologists can't force them to

00:34:36.579 --> 00:34:39.800
stop or do anything else, right? Yeah, that's

00:34:39.800 --> 00:34:42.920
right. That's right. And so really, it started

00:34:42.920 --> 00:34:46.519
out being generated from the Sacramento field

00:34:46.519 --> 00:34:50.039
office. And the biologists that worked out there

00:34:50.039 --> 00:34:52.659
that knew where all this habitat was, they knew

00:34:52.659 --> 00:34:58.219
the species that were being affected. I went

00:34:58.219 --> 00:35:00.840
out, I started the process of documenting all

00:35:00.840 --> 00:35:03.079
this. And, you know, we were looking at it as

00:35:03.079 --> 00:35:05.760
a civil case, right? Because, you know, when

00:35:05.760 --> 00:35:09.539
I started the documentation process, I went into

00:35:09.539 --> 00:35:12.539
the U .S. Attorney's Office in Sacramento, and

00:35:12.539 --> 00:35:14.760
they weren't interested in anything that occurred

00:35:14.760 --> 00:35:19.820
under emergency permit, right? They just... They

00:35:19.820 --> 00:35:22.559
just said, hey, we know the language is really

00:35:22.559 --> 00:35:26.539
good as far as endangered species, and they can't

00:35:26.539 --> 00:35:29.219
do this, and they need to get a hold of the service

00:35:29.219 --> 00:35:32.179
before, and blah, blah, blah. But they just weren't

00:35:32.179 --> 00:35:38.539
going to touch it. So that's kind of what happened.

00:35:39.039 --> 00:35:41.519
But there's a lot more to it. And if you want

00:35:41.519 --> 00:35:44.039
me to go on, I'll continue. Go on. So you've

00:35:44.039 --> 00:35:46.920
documented now all the destruction of the habitat.

00:35:47.539 --> 00:35:56.699
And now what? Now what? So, again, I'm making

00:35:56.699 --> 00:36:00.179
up these binders. I'm documenting, you know,

00:36:00.260 --> 00:36:03.440
there's 158 dot clubs. I can't tell you to this

00:36:03.440 --> 00:36:06.800
day how many were involved in this dredging and

00:36:06.800 --> 00:36:10.900
this work. There was generally just one construction

00:36:10.900 --> 00:36:13.480
company that did all the work, a lot of it by

00:36:13.480 --> 00:36:18.739
barge. And so I'm putting together these binders.

00:36:19.099 --> 00:36:21.559
Well, in the course of this, suddenly there's

00:36:21.559 --> 00:36:27.420
kind of information trickling in from sources.

00:36:28.400 --> 00:36:31.679
You know, we're getting calls that, hey, there's

00:36:31.679 --> 00:36:35.019
a lot more going on and there's a lot of illegal

00:36:35.019 --> 00:36:39.119
work going on that's not part of this emergency

00:36:39.119 --> 00:36:43.239
permit. and was done prior to the emergency and

00:36:43.239 --> 00:36:46.159
is being done well after the emergency permit

00:36:46.159 --> 00:36:51.340
expires, okay? So at that - You gotta go talk

00:36:51.340 --> 00:36:53.780
to the construction company, right? You're gonna

00:36:53.780 --> 00:36:56.599
go interview those guys. Well, yeah. Well, you

00:36:56.599 --> 00:36:58.800
know, and I knew what the answer was gonna be,

00:36:58.880 --> 00:37:02.320
you know? I mean, this is kinda like, it's such

00:37:02.320 --> 00:37:05.880
a closed group, right? I mean, I can't talk to

00:37:05.880 --> 00:37:09.840
anybody without, you know, the beans. being spilled.

00:37:11.000 --> 00:37:14.500
So John, up north, the agent in Chico, he said,

00:37:15.039 --> 00:37:18.119
well, if you need help, get a hold of the FBI

00:37:18.119 --> 00:37:21.559
in Fairfield, California. He goes, there's an

00:37:21.559 --> 00:37:24.099
agent there I've worked with before on endangered

00:37:24.099 --> 00:37:28.980
species act cases. He's a great guy. And he'll

00:37:28.980 --> 00:37:31.440
help you. He's right there in Fairfield, which

00:37:31.440 --> 00:37:34.420
is right there on the Sassoon Marsh. And I'm

00:37:34.420 --> 00:37:38.469
going, OK. So I got a hold of that agent and

00:37:38.469 --> 00:37:41.530
we ended up, you know, just becoming really good

00:37:41.530 --> 00:37:44.530
friends as part of this case and, and working

00:37:44.530 --> 00:37:48.510
it together. He, when I gave him the information

00:37:48.510 --> 00:37:51.829
on the, the director of the Sassoon resource

00:37:51.829 --> 00:37:54.929
conservation district, he started saying, well,

00:37:55.030 --> 00:37:59.429
this guy's gotta be up to no good. And you know,

00:37:59.429 --> 00:38:02.590
why is he letting this work happen? You know,

00:38:02.610 --> 00:38:05.429
when he's supposed to be the gatekeeper, right?

00:38:05.579 --> 00:38:08.460
And so he kind of started looking at it as a

00:38:08.460 --> 00:38:12.920
public corruption case. Oh, interesting. We've

00:38:12.920 --> 00:38:15.920
all worked with the FBI in our careers at different

00:38:15.920 --> 00:38:19.019
times, but it's typically not on a habitat destruction

00:38:19.019 --> 00:38:23.380
case. Yeah, right. So, you know, he had a great

00:38:23.380 --> 00:38:25.619
angle, right? I mean, he had a, you know, and

00:38:25.619 --> 00:38:28.860
I was a new agent. I was a fairly new agent.

00:38:28.960 --> 00:38:31.500
So, you know, he was talking to me about things

00:38:31.500 --> 00:38:34.360
I didn't even think about, you know, like money.

00:38:35.099 --> 00:38:38.500
where are they getting the money to do this and

00:38:38.500 --> 00:38:43.219
yada, yada, yada. And so I got the FBI involved

00:38:43.219 --> 00:38:45.880
and then also since there was illegal dredging

00:38:45.880 --> 00:38:52.260
going on, EPA is the one that enforces that for

00:38:52.260 --> 00:38:54.780
Rivers and Harbors Act is what it's called when

00:38:54.780 --> 00:38:59.119
you're doing illegal dredging and violating a

00:38:59.119 --> 00:39:03.119
court permit. So I ended up linking up with an

00:39:03.119 --> 00:39:06.360
EPA agent in Sacramento, super helpful, right?

00:39:06.380 --> 00:39:09.079
It was totally into it. It was endangered species.

00:39:09.159 --> 00:39:13.480
She was just gung -ho. And so was this FBI agent.

00:39:14.239 --> 00:39:18.139
So we kind of started a little task force and

00:39:18.139 --> 00:39:22.860
we said, well, you know, if there's dredging

00:39:22.860 --> 00:39:26.880
outside the emergency permit period, you know,

00:39:26.940 --> 00:39:29.239
we're going to take these people on a criminal

00:39:29.420 --> 00:39:33.780
ESA take, because they all have the knowledge.

00:39:34.119 --> 00:39:36.719
They all are part of this core permit. They all

00:39:36.719 --> 00:39:38.820
have read it. They've all been mailed copies

00:39:38.820 --> 00:39:44.260
of it. And we're going to look into it and see

00:39:44.260 --> 00:39:47.420
what happens. Interesting. And that's another

00:39:47.420 --> 00:39:51.719
thing. EPA is another agency that has law enforcement

00:39:51.719 --> 00:39:53.739
authority, and they do have special agents that

00:39:53.739 --> 00:39:56.800
work for the EPA. That's another agency that

00:39:56.800 --> 00:39:59.119
we frequently can get involved in, particularly

00:39:59.119 --> 00:40:02.860
on habitat destruction or pollution cases and

00:40:02.860 --> 00:40:08.000
that type of thing. So where does this lead you?

00:40:08.219 --> 00:40:10.820
So now you're definitely on a criminal track.

00:40:11.179 --> 00:40:14.360
You've gotten good knowledge. You've documented

00:40:14.360 --> 00:40:16.719
that there's take outside this emergency plan.

00:40:17.340 --> 00:40:20.039
In the normal course of this investigation, then,

00:40:20.639 --> 00:40:25.280
where do you go next? At this point, we're getting

00:40:25.280 --> 00:40:28.719
some really good informants developed. They just

00:40:28.719 --> 00:40:34.940
come out of the woodwork. We start working with

00:40:34.940 --> 00:40:39.159
these people closely. They're in the know. They

00:40:39.159 --> 00:40:43.000
start telling us who's doing what, when it's

00:40:43.000 --> 00:40:47.159
done, how much damage. It's done outside the

00:40:47.159 --> 00:40:52.920
emergency period. There's full knowledge. Guess

00:40:52.920 --> 00:40:59.250
who? Pops up is one of the main illegal habitat

00:40:59.250 --> 00:41:05.469
take Suspects in the marsh, but the the director

00:41:05.469 --> 00:41:07.949
of the Sassoon resource conservation district

00:41:07.949 --> 00:41:10.530
So the informants or the sources you've got start

00:41:10.530 --> 00:41:14.489
to actually point fingers. Yeah this guy Yep

00:41:14.489 --> 00:41:18.510
said he did a huge dredge in critical habitat

00:41:18.510 --> 00:41:21.789
for these endangered species California clapper

00:41:21.789 --> 00:41:26.670
rail Delta smelt Took took a lot of habitat way

00:41:26.670 --> 00:41:29.449
out, you know had nothing to do with an emergency

00:41:29.449 --> 00:41:33.309
And so this is a guy that's telling other club

00:41:33.309 --> 00:41:37.230
members our club owners You can't do this on

00:41:37.230 --> 00:41:41.010
your club, you know, this is you know a violation

00:41:41.010 --> 00:41:45.449
of the permit So and and you got to remember

00:41:45.449 --> 00:41:49.050
this individual he's tight with fish and game

00:41:49.050 --> 00:41:52.449
He's got mucky mucks from fish and game hunting

00:41:52.449 --> 00:41:56.139
his club from the regional office. I mean, it

00:41:56.139 --> 00:41:59.599
was pretty intimidating. You knew there were

00:41:59.599 --> 00:42:02.659
a lot of powerful people that were not gonna

00:42:02.659 --> 00:42:05.539
be happy with the outcome here. And you're talking

00:42:05.539 --> 00:42:07.340
about California Department of Fish and Game,

00:42:07.519 --> 00:42:09.340
which is now California Department of Fish and

00:42:09.340 --> 00:42:12.960
Wildlife. But yeah, so you've got officials at

00:42:12.960 --> 00:42:14.579
California Department of Fish and Wildlife who

00:42:14.579 --> 00:42:16.380
are tight with this guy and actually hunt on

00:42:16.380 --> 00:42:21.099
his property. Oh, absolutely, absolutely. Regional

00:42:21.099 --> 00:42:25.559
managers, that kind of thing. And what they knew,

00:42:25.719 --> 00:42:27.960
I don't know. I mean, I don't know how you couldn't

00:42:27.960 --> 00:42:30.559
know. I mean, they're doing these huge projects

00:42:30.559 --> 00:42:35.440
and floodgates and dredge material and things

00:42:35.440 --> 00:42:39.849
like that. So, you know, but you you you know,

00:42:39.849 --> 00:42:42.409
I couldn't talk to them about it again, you know

00:42:42.409 --> 00:42:45.409
There was very limited people I could talk to

00:42:45.409 --> 00:42:47.570
in the know and if it wasn't for these people

00:42:47.570 --> 00:42:52.289
that came forward and a lot of Risk to them career

00:42:52.289 --> 00:42:55.769
-wise right? I mean they these are all people

00:42:55.769 --> 00:43:00.010
that are in that the field right and and They

00:43:00.010 --> 00:43:02.630
came through and they they gave us some really

00:43:02.630 --> 00:43:06.800
good information enough that we eventually wrote

00:43:06.800 --> 00:43:11.199
a number of search warrants and had about 40

00:43:11.199 --> 00:43:16.199
agents from FBI, EPA, and Fish and Wildlife descend

00:43:16.199 --> 00:43:24.260
on two homes, two private homes, SRCD headquarters,

00:43:25.599 --> 00:43:30.219
the construction company headquarters, and seized

00:43:30.219 --> 00:43:34.110
computers and files. and everything to document

00:43:34.110 --> 00:43:36.590
what was going on. Yeah, so that's what, when

00:43:36.590 --> 00:43:38.610
you do a search warrant like that, what are you

00:43:38.610 --> 00:43:41.849
looking for? Documents mainly or what? Yeah,

00:43:41.949 --> 00:43:43.949
I mean, a lot of these people, you know, this

00:43:43.949 --> 00:43:47.610
is, you know, transitioning into computers, right?

00:43:47.630 --> 00:43:50.070
But a lot of these were paper files, you know,

00:43:50.130 --> 00:43:52.889
that had a duck club's name. And, you know, this

00:43:52.889 --> 00:43:55.489
is the work that's been done. There was a really

00:43:55.489 --> 00:43:57.690
interesting twist to this, Ed. I'm going to bring

00:43:57.690 --> 00:44:01.340
it up now before I forget about it. It shows

00:44:01.340 --> 00:44:06.579
you how crazy things get. Well, there's a congressional

00:44:06.579 --> 00:44:09.539
act called the North American Wetlands Conservation

00:44:09.539 --> 00:44:14.099
Act, right? And it's NACA. People use the word,

00:44:14.320 --> 00:44:19.619
the name NACA for this. Well, NACA was a bunch

00:44:19.619 --> 00:44:25.949
of matching funds to do work on wetlands. We

00:44:25.949 --> 00:44:29.989
have pictures before all this went down of in

00:44:29.989 --> 00:44:34.690
ducks unlimited magazine with our regional director

00:44:34.690 --> 00:44:38.909
right from the Fish and Wildlife Service standing

00:44:38.909 --> 00:44:44.610
there with big checks and the the executive director

00:44:44.610 --> 00:44:49.829
of s srcd You know with these standing with these

00:44:49.829 --> 00:44:53.369
big fake checks the service basically giving

00:44:53.369 --> 00:44:58.880
money money to these duck clubs to do work on

00:44:58.880 --> 00:45:01.280
their property. Which would be habitat restoration

00:45:01.280 --> 00:45:05.699
work. Supposed to be. Or whatever. Or whatever,

00:45:05.900 --> 00:45:10.699
right? Supposed to be. At one point I was, as

00:45:10.699 --> 00:45:17.960
you recall, or you brought up earlier, the region

00:45:17.960 --> 00:45:22.280
was Was a huge region at the time and in Sacramento

00:45:22.280 --> 00:45:25.300
office I believe they had kind of like a deputy

00:45:25.300 --> 00:45:28.039
director, you know somebody that you know Just

00:45:28.039 --> 00:45:30.960
handled a lot of the California, Nevada issues

00:45:30.960 --> 00:45:33.659
that you know was still run out of Portland But

00:45:33.659 --> 00:45:36.559
this person was you know right under the director

00:45:36.559 --> 00:45:39.980
in Portland and at one point my boss asked me

00:45:39.980 --> 00:45:43.280
to give a briefing to this guy Okay, because

00:45:43.280 --> 00:45:46.360
as you'll also remember we were under a different

00:45:46.360 --> 00:45:49.980
chain of command back then You know the sack

00:45:49.980 --> 00:45:52.739
the special agent in charge used to report to

00:45:52.739 --> 00:45:56.079
the director right exactly in in the in the direct

00:45:56.079 --> 00:45:58.139
up in Portland Yeah, they're the reach to the

00:45:58.139 --> 00:46:00.320
original director. Whereas now law enforcement

00:46:00.320 --> 00:46:02.400
has what's called line authority They go directly

00:46:02.400 --> 00:46:04.840
to the assistant director for law enforcement

00:46:04.840 --> 00:46:08.699
in Washington DC Back then right special agents

00:46:08.699 --> 00:46:11.019
in charge for the region answered to the non

00:46:11.019 --> 00:46:15.239
law enforcement Regional directors for this service.

00:46:15.239 --> 00:46:18.360
So that was a very awkward situation particularly

00:46:18.360 --> 00:46:22.019
in cases like you're describing. Right. So these

00:46:22.019 --> 00:46:26.119
guys are going down, giving tons of money to

00:46:26.119 --> 00:46:32.380
these clubs for their managed wetlands down there.

00:46:32.480 --> 00:46:34.820
And what are they doing with the money, right?

00:46:34.900 --> 00:46:38.500
What are they doing with these NACA funds? So

00:46:38.500 --> 00:46:42.500
I was kind of ordered more or less because I

00:46:42.500 --> 00:46:44.559
was really uncomfortable doing it because it

00:46:44.559 --> 00:46:46.860
was kind of in the middle of this investigation.

00:46:47.119 --> 00:46:50.719
And I knew that this deputy manager that was

00:46:50.719 --> 00:46:53.920
not law enforcement knew all these people I was

00:46:53.920 --> 00:46:58.820
dealing with at a super high level. And so I,

00:46:58.820 --> 00:47:01.940
you know, I went to Sacramento like I was told

00:47:01.940 --> 00:47:06.260
and I remember a statement that this guy made.

00:47:06.300 --> 00:47:08.619
He looked at me at one point during my briefing

00:47:08.619 --> 00:47:11.980
and said, for God's sakes, please don't tell

00:47:11.980 --> 00:47:14.760
me there's any knock off funds being used to.

00:47:14.989 --> 00:47:19.429
to destroy endangered species habitat. And I

00:47:19.429 --> 00:47:23.070
just said, I said, we haven't made that connection,

00:47:23.110 --> 00:47:25.909
but I guarantee it's happening. Because you're

00:47:25.909 --> 00:47:28.610
writing these guys checks and they're spending

00:47:28.610 --> 00:47:31.550
it any way they want. And they're writing their

00:47:31.550 --> 00:47:36.349
own invoices. And, you know, it'd take a dozen

00:47:36.349 --> 00:47:40.670
agents to ferret through all this. And so I went

00:47:40.670 --> 00:47:44.550
to Department of Interior OIG Office of Inspector

00:47:44.550 --> 00:47:49.389
General. Yeah, in Sacramento at the time, totally

00:47:49.389 --> 00:47:52.849
uninterested in the case. Interesting. Because

00:47:52.849 --> 00:47:56.070
I thought, hey, this is right down their alley,

00:47:56.309 --> 00:48:00.230
right? I mean, you know, and I couldn't get them

00:48:00.230 --> 00:48:05.889
interested, you know, to work that angle of it.

00:48:06.070 --> 00:48:10.150
And like, as you know, things get so time consuming,

00:48:10.389 --> 00:48:12.489
right? I mean, this would have been a whole nother

00:48:12.489 --> 00:48:16.079
facet They're going through books, you know,

00:48:16.179 --> 00:48:19.539
more search warrants, bank records, you know,

00:48:19.659 --> 00:48:22.280
trying to tie in these checks for NACA funds.

00:48:22.679 --> 00:48:24.579
So, you know, what these guys were actually doing

00:48:24.579 --> 00:48:27.699
on the ground and whether it was in, you know,

00:48:27.880 --> 00:48:33.139
destroying endangered species habitat. So, go

00:48:33.139 --> 00:48:34.539
ahead. When you did your search warrants, did

00:48:34.539 --> 00:48:37.179
you do interviews and what was the result of

00:48:37.179 --> 00:48:38.699
those? Did you get anybody to confess or anything?

00:48:39.820 --> 00:48:43.519
Yeah, well the timing we did you know since we

00:48:43.519 --> 00:48:46.179
started to have some people on the inside We

00:48:46.179 --> 00:48:49.539
actually did the timing so a couple of the principles

00:48:49.539 --> 00:48:52.500
were gone You know like that because we wanted

00:48:52.500 --> 00:48:55.659
you know unfettered access to some of the places

00:48:55.659 --> 00:49:00.199
that we were going so like the the deputy director,

00:49:00.199 --> 00:49:03.619
I mean, I'm sorry the the executive director

00:49:03.619 --> 00:49:08.130
for SRCD He was gone. He was obviously our main

00:49:08.130 --> 00:49:11.989
target on this thing because we knew he was in

00:49:11.989 --> 00:49:16.630
charge and he'd violated. So he was gone. So

00:49:16.630 --> 00:49:21.050
we did interview his deputy during the day of

00:49:21.050 --> 00:49:26.250
the search warrant. And it was a warm day in

00:49:26.250 --> 00:49:29.869
this little bit of a cramped office building

00:49:29.869 --> 00:49:35.550
out in the middle of the marsh. Boy, we just

00:49:35.550 --> 00:49:37.909
worked on him and worked on him and worked on

00:49:37.909 --> 00:49:42.010
him and You know just sweat was pouring out of

00:49:42.010 --> 00:49:47.250
this guy's forehead and Finally, you know after

00:49:47.250 --> 00:49:50.349
after a long interview I kind of took over part

00:49:50.349 --> 00:49:53.449
of the way through and it started out with the

00:49:53.449 --> 00:49:56.489
FBI agent working on him and then I and Then

00:49:56.489 --> 00:49:59.610
I took over and and we finally got him to admit.

00:49:59.610 --> 00:50:03.469
Yeah that his boss the executive director did

00:50:03.469 --> 00:50:08.489
a huge illegal dredge in endangered species habitat

00:50:08.489 --> 00:50:12.869
in the Sassoon March. And this is the guy's name

00:50:12.869 --> 00:50:15.730
that's on the permit for the Corps of Engineers

00:50:15.730 --> 00:50:19.230
that I will not do any of this stuff. And I'm

00:50:19.230 --> 00:50:21.710
signing. Pretty good case at that point. Great

00:50:21.710 --> 00:50:27.750
knowledge. So at that point, I'm like, well,

00:50:28.789 --> 00:50:31.190
any prosecutor's going to take this. I mean,

00:50:31.369 --> 00:50:34.730
I really felt like, you know, if this isn't knowledge,

00:50:34.909 --> 00:50:37.349
I mean, I'm just going to give up doing habitat

00:50:37.349 --> 00:50:41.289
cases if this isn't good enough. If this isn't

00:50:41.289 --> 00:50:44.489
it, then there is no good case, right? Yeah,

00:50:44.489 --> 00:50:47.010
there is no good case. I mean, here's the guy

00:50:47.010 --> 00:50:49.929
that negotiated the permit with the court, right?

00:50:50.130 --> 00:50:53.090
OK, so here's the $100 ,000 question. Did you

00:50:53.090 --> 00:50:54.889
were able to sell it to a prosecutor? Did you

00:50:54.889 --> 00:50:59.280
get charges out of this case? So what were the

00:50:59.280 --> 00:51:03.739
charges and what was the outcome? So we ended

00:51:03.739 --> 00:51:08.519
up charging through information misdemeanors.

00:51:09.019 --> 00:51:12.039
We charged the executive director for the Sassoon

00:51:12.039 --> 00:51:14.739
Resource Conservation District. We charged him

00:51:14.739 --> 00:51:18.099
with a take of endangered species and listed

00:51:18.099 --> 00:51:23.280
Delta Smelt, California Clapper Rail, and Chinook

00:51:23.280 --> 00:51:26.039
Salmon. as the principal species, because it

00:51:26.039 --> 00:51:29.820
was all habitat outside the levees that these

00:51:29.820 --> 00:51:35.079
animals use. And then we also charged the principal

00:51:35.079 --> 00:51:38.500
contractor, the construction guy, for the same

00:51:38.500 --> 00:51:41.920
violation. He was in the loop with everybody.

00:51:42.059 --> 00:51:46.619
He knew all the permit conditions. And they both

00:51:46.619 --> 00:51:49.340
pled. Pled guilty. Pled guilty. So these were

00:51:49.340 --> 00:51:53.380
criminal charges under the ESA. Great. That's

00:51:53.380 --> 00:51:55.320
correct. They both pled guilty. OK, good. Do

00:51:55.320 --> 00:51:57.360
you remember what the outcome was, what the sentencing?

00:51:58.320 --> 00:52:00.940
You know, we asked for jail time. Of course,

00:52:00.940 --> 00:52:05.539
we didn't get it. I think we ended up, I think

00:52:05.539 --> 00:52:11.159
they both got $10 ,000 fines, which isn't much,

00:52:12.199 --> 00:52:14.300
particularly for the amount of work that went

00:52:14.300 --> 00:52:17.079
into this. But it was symbolic, right? I mean,

00:52:17.079 --> 00:52:21.460
it was really symbolic. It had a huge ripple

00:52:21.460 --> 00:52:26.059
effect through the marsh. The board of the SRCD,

00:52:26.280 --> 00:52:28.780
which is made up of, you know, duck club owners,

00:52:29.119 --> 00:52:32.139
landowners in the marsh, they terminated him

00:52:32.139 --> 00:52:35.440
immediately, which I gave him high marks for

00:52:35.440 --> 00:52:42.119
that. And so he lost his job there. Good articles

00:52:42.119 --> 00:52:47.889
in the newspaper, Sacramento Bee. and the local

00:52:47.889 --> 00:52:51.170
Fairfield paper and was pretty easy to find a

00:52:51.170 --> 00:52:54.489
number of articles on it for quite a while. So,

00:52:55.250 --> 00:52:57.010
again, I don't know, there's something, this

00:52:57.010 --> 00:52:59.369
is why I think going the criminal route is so

00:52:59.369 --> 00:53:01.730
important because I think I'm sure some of the

00:53:01.730 --> 00:53:04.510
people listening or watching will say, didn't

00:53:04.510 --> 00:53:07.570
go to jail, $10 ,000, that's nothing. But it

00:53:07.570 --> 00:53:11.530
really is because at that point, once they pled

00:53:11.530 --> 00:53:14.800
and they were sentenced, even though it's a class

00:53:14.800 --> 00:53:17.639
A misdemeanor, it is a federal crime on their

00:53:17.639 --> 00:53:21.480
record, right? They now have a record. And if

00:53:21.480 --> 00:53:26.320
anybody ever runs them, they come up as a person

00:53:26.320 --> 00:53:30.079
convicted of a federal crime. And that has consequences

00:53:30.079 --> 00:53:33.000
in a lot of different avenues of life. And more

00:53:33.000 --> 00:53:37.179
importantly, when people might say, gosh, why

00:53:37.179 --> 00:53:40.000
did that, you know, That agent's work was wasted.

00:53:40.219 --> 00:53:41.840
He spent so much time doing that case and all

00:53:41.840 --> 00:53:44.480
they got was a misdemeanor with no time. That's

00:53:44.480 --> 00:53:46.780
not really the right way to look at it. What

00:53:46.780 --> 00:53:53.300
you did was you proved a ongoing, you know, illegal

00:53:53.300 --> 00:53:56.780
activity. You got convictions. It's on the record.

00:53:57.460 --> 00:54:02.719
Any future violations of similar? That's where

00:54:02.719 --> 00:54:05.539
sentences get much harsher in the federal system.

00:54:05.820 --> 00:54:08.340
The federal system tends to cut people a lot

00:54:08.340 --> 00:54:12.139
of slack on their first conviction, second conviction,

00:54:12.260 --> 00:54:15.920
third conviction, not so much. Right. And it's

00:54:15.920 --> 00:54:18.599
so it can be very, very important to lay that

00:54:18.599 --> 00:54:22.019
first case down on someone's record, because

00:54:22.019 --> 00:54:25.559
if they violate again, the penalty is going to

00:54:25.559 --> 00:54:27.619
be much harsher. They have a much higher chance

00:54:27.619 --> 00:54:31.039
of going to jail if they are second offender.

00:54:31.059 --> 00:54:34.500
And so. You know, it does have a tremendous deterrent

00:54:34.500 --> 00:54:36.579
effect, even though it's only a Class A misdemeanor

00:54:36.579 --> 00:54:40.300
with no jail time in this case, right? No, I

00:54:40.300 --> 00:54:43.340
agree. I mean, you know, and as you know, the

00:54:43.340 --> 00:54:46.059
U .S. Attorney's Office, you know, they put out

00:54:46.059 --> 00:54:49.960
real tight press releases that, you know, spell

00:54:49.960 --> 00:54:53.679
everything out and super easy for the newspapers

00:54:53.679 --> 00:54:56.559
to pick up and write, you know, and it's all

00:54:56.559 --> 00:54:59.159
facts, right? It's just, this is what happened.

00:54:59.340 --> 00:55:02.320
This is what this guy did. You know, he's in

00:55:02.320 --> 00:55:05.340
charge of this. You know, he, he thumbed his

00:55:05.340 --> 00:55:08.780
nose at the endangered species act and was, you

00:55:08.780 --> 00:55:11.739
know, the major violator. And again, I think

00:55:11.739 --> 00:55:16.219
of the duck clubs that he denied the same activity,

00:55:16.219 --> 00:55:19.880
right? I mean, they must've been furious because,

00:55:20.539 --> 00:55:22.880
you know, they're like, what, you know, you're

00:55:22.880 --> 00:55:26.320
in charge of us and, and, you know, you're, you're

00:55:26.320 --> 00:55:28.619
violating, you know, you're the, you're the big

00:55:28.619 --> 00:55:34.590
violator. Yeah, so and and I did follow up on

00:55:34.590 --> 00:55:39.610
you know, we we had a we had a gentleman An attorney

00:55:39.610 --> 00:55:41.949
that was working out of Portland for a while

00:55:41.949 --> 00:55:46.510
and I can't remember his name He did follow up

00:55:46.510 --> 00:55:50.849
on quite a few of the civil civil cases during

00:55:50.849 --> 00:55:54.369
that happened during the the emergency permits

00:55:54.369 --> 00:55:58.639
and he yeah, he got some civil fines from some

00:55:58.639 --> 00:56:00.820
of the clubs, you know, was allotted back and

00:56:00.820 --> 00:56:03.960
forth negotiation. And, you know, they just finally

00:56:03.960 --> 00:56:07.539
agreed to write a check for X amount, you know,

00:56:07.559 --> 00:56:12.019
but so that that was followed up on. And, you

00:56:12.019 --> 00:56:16.019
know, we did we did get some some justice there,

00:56:16.019 --> 00:56:18.920
too. Well, hey, we have about five minutes left.

00:56:19.179 --> 00:56:21.139
And I want there's a couple of things I want

00:56:21.139 --> 00:56:23.239
to touch on real quick. You know, when you do

00:56:23.239 --> 00:56:26.469
a case like this. As you mentioned, there were

00:56:26.469 --> 00:56:29.489
some high level people at California Department

00:56:29.489 --> 00:56:31.070
of Fish and Wildlife who were connected in with

00:56:31.070 --> 00:56:35.889
some of these clubs. You've got some powerful

00:56:35.889 --> 00:56:41.610
interests that are looking at this. I think it's

00:56:41.610 --> 00:56:43.469
important for listeners to understand what the

00:56:43.469 --> 00:56:45.769
fallout is from a case like this, just in terms

00:56:45.769 --> 00:56:49.289
of you as an agent trying to do your job. So

00:56:49.289 --> 00:56:53.030
for example, after this happened, I mean, tell

00:56:53.030 --> 00:56:57.239
us. What was the, did it affect your relationship

00:56:57.239 --> 00:56:59.599
with the state of California Department of Wildlife?

00:57:00.739 --> 00:57:05.000
Well, it certainly did with above the warden

00:57:05.000 --> 00:57:07.300
level. You know, I think the wardens were all

00:57:07.300 --> 00:57:10.719
kind of, you know, thumbs up, you know, you know,

00:57:10.719 --> 00:57:14.380
because as you know, I mean, the California Fish

00:57:14.380 --> 00:57:17.179
and Wildlife Wardens top notch, right? I mean,

00:57:17.260 --> 00:57:20.739
very hard work, top notch. I've worked all over

00:57:20.739 --> 00:57:23.980
the West. I've worked with Many state wardens

00:57:23.980 --> 00:57:27.199
and you know Cal fishing game at the time. I

00:57:27.199 --> 00:57:30.059
mean is what their name was You know, they were

00:57:30.059 --> 00:57:32.840
top -notch you could trust any any of them with

00:57:32.840 --> 00:57:35.340
the same true in Southern California as well,

00:57:35.340 --> 00:57:39.440
but So I think they were all you know thumbs

00:57:39.440 --> 00:57:43.320
up, you know, here's a Fed doing his job and

00:57:43.320 --> 00:57:47.400
doing stuff that needs to be done, but Above

00:57:47.400 --> 00:57:51.000
that as far as you know any anybody above that

00:57:51.000 --> 00:57:53.679
I think it was you know My name was mud right

00:57:53.679 --> 00:57:56.360
because I was I was stirring the pot, you know

00:57:56.360 --> 00:57:59.599
For sure in the Napa office. I know you know,

00:57:59.619 --> 00:58:04.539
they had the same kind of You know Organization

00:58:04.539 --> 00:58:07.480
back then were generally somebody that was in

00:58:07.480 --> 00:58:11.340
charge was a non law enforcement person You know,

00:58:11.460 --> 00:58:14.119
I mean the regional regional manager. How about

00:58:14.119 --> 00:58:16.019
from the fish and wildlife biologists? How did

00:58:16.019 --> 00:58:18.139
they react to your case? How'd they view you?

00:58:18.760 --> 00:58:24.119
Oh Hero status, right? Yeah We're not worthy,

00:58:24.119 --> 00:58:26.559
you know, I mean they were they were yeah, it

00:58:26.559 --> 00:58:29.619
was great. I mean that was You know, that's that

00:58:29.619 --> 00:58:33.360
was really nice to have that kind of accolades

00:58:33.360 --> 00:58:36.019
from those guys I mean they those men and women

00:58:36.739 --> 00:58:39.340
They're great scientists. They work really hard.

00:58:39.519 --> 00:58:42.360
They produce a lot of incredible information.

00:58:43.099 --> 00:58:46.300
And they were like, finally somebody's listening.

00:58:47.219 --> 00:58:50.880
Exactly. So important. I think one of the best

00:58:50.880 --> 00:58:54.440
things out of this case was, at the time, the

00:58:54.440 --> 00:58:56.400
special agent in charge for our region was a

00:58:56.400 --> 00:58:59.659
guy named Dave McMullen. And you told me that

00:58:59.659 --> 00:59:01.639
after you finished up this case, he gave you

00:59:01.639 --> 00:59:03.519
a call. And he just had three words to say to

00:59:03.519 --> 00:59:06.199
you. Do you remember what those words were? Yeah,

00:59:06.199 --> 00:59:10.219
it was a great case kid, you know something along

00:59:10.219 --> 00:59:13.300
those lines You know, it was just like, you know,

00:59:13.340 --> 00:59:16.219
he stayed out of it the whole time. I really

00:59:16.219 --> 00:59:19.099
never heard Boo from him, you know, and then

00:59:19.099 --> 00:59:22.039
I got that call and you know when the final report

00:59:22.039 --> 00:59:25.019
went in and he read it and he just yeah He just

00:59:25.019 --> 00:59:28.539
said a great case kid, you know, like that's

00:59:28.539 --> 00:59:31.480
this is this is what we want our our men and

00:59:31.480 --> 00:59:33.940
women doing you know, fantastic that was he was

00:59:33.940 --> 00:59:36.619
a Very inspirational leader. And it doesn't surprise

00:59:36.619 --> 00:59:39.960
me at all that he said that to you. Yeah, I was

00:59:39.960 --> 00:59:42.179
I was real happy because there was a lot of rocky

00:59:42.179 --> 00:59:44.320
roads, right? You know, there was, you know,

00:59:44.340 --> 00:59:47.599
that path was not easy to get to that point.

00:59:47.659 --> 00:59:49.780
Sometimes when you do those habitat cases, you

00:59:49.780 --> 00:59:51.679
feel like you're really exposed and you're really

00:59:51.679 --> 00:59:54.840
out there on your own. Yeah, I think, you know,

00:59:54.940 --> 00:59:58.000
some of you know. We're going to have an agent

00:59:58.000 --> 01:00:01.000
on eventually named Sean Mann, and, you know,

01:00:01.000 --> 01:00:03.139
he was doing a habitat case and had a guy draw

01:00:03.139 --> 01:00:06.239
a gun on him. almost gets in a shootout over

01:00:06.239 --> 01:00:10.940
a habitat case. Yeah, I know. Crazy stuff. That

01:00:10.940 --> 01:00:14.340
was Northern California as well. Steve, I know

01:00:14.340 --> 01:00:16.320
we could talk about this all day. There's a lot

01:00:16.320 --> 01:00:19.639
more to this case. We've got limited time here,

01:00:19.639 --> 01:00:22.320
but you also have a ton more stories to tell

01:00:22.320 --> 01:00:24.800
and I hope you'll come back on the show in future

01:00:24.800 --> 01:00:29.480
episodes down the road. I will, I will. Because

01:00:29.480 --> 01:00:31.519
I will force you to do it even if you didn't

01:00:31.519 --> 01:00:36.579
want to. So that'll do it for today's episode

01:00:36.579 --> 01:00:38.940
of Nature's Secret Service. I want to thank our

01:00:38.940 --> 01:00:41.599
guest, Steve Fur. Thank you so much for your

01:00:41.599 --> 01:00:43.760
time. I really appreciate you being with us today.

01:00:44.199 --> 01:00:48.079
And we'll see everybody next time. Nature's Secret

01:00:48.079 --> 01:00:50.780
Service is written and produced by me, Ed Newcomer,

01:00:51.000 --> 01:00:53.900
and is co -produced by the DHTV team here at

01:00:53.900 --> 01:00:56.119
California State University Dominguez Hills.

01:00:56.440 --> 01:00:58.480
Follow us on social media and connect with us

01:00:58.480 --> 01:01:00.760
online at naturessecretservice .com.
