August 26, 2010
MEEKER, COLORADO OUTFITTER AND EMPLOYEE INDICTED ON LACEY ACT VIOLATIONS
DENVER – Big game hunting outfitter Dennis Eugene Rodebaugh, age 69, of Meeker, and hunting guide Brian Douglas Kunz, age 54, of Augusta, Wisconsin, were indicted by a federal grand jury in Denver Tuesday on charges of conspiracy and violating the Lacey Act, the Department of Justice, U.S. Fish and Wildlife Service, and Colorado Division of Wildlife announced.
According to the indictment, Rodebaugh has operated a Colorado big game outfitting business called “D&S Guide and Outfitter” since 1988, offering multi-day elk and deer hunts to scores of non-resident clients in the White River National Forest for between $1,200 and $1,600. The indictment alleges that Kunz has worked seasonally as a guide for Rodebaugh since 1997. The indictment alleges that each summer between 2002 and 2007, the defendants guided and outfitted numerous clients, on hunts in which deer and elk were shot from tree stands near which Rodebaugh allegedly placed hundreds of pounds of salt each summer as bait. The placement and use of bait to hunt big game is unlawful in Colorado. The interstate sale of big game outfitting and guiding services for the unlawful taking of big game with the aid of bait constitutes a felony violation of the Lacey Act.
“With this year’s archery season about to start, this indictment serves as an important reminder that there are criminal consequences for illegal baiting,” said U.S. Attorney John Walsh. “Violations of this kind are the theft of a public resource for commercial gain. As we have for many years, this office will continue to vigorously pursue these types of environmental crime cases.”
“Big game hunting is an important tradition and management tool in Colorado,” said Bill deVergie, Area Wildlife Manager for the Colorado Division of Wildlife. “Our anti-baiting regulations promote equal access and fair-chase hunting: baiting is cheating, pure and simple.”
"The U.S. Fish and Wildlife Service is committed to ensuring that those who violate wildlife protection laws are brought to justice, regardless of where they reside," said U.S. Fish and Wildlife Special Agent in Charge Steve Oberholtzer. "This investigation and indictment is another good example of how a close workng relationship between the Colorado Division of Wildlife, the U.S. Fish and Wildlife Service, and state and federal prosecutors is effective in accomplishing our goal of wildlife conservation."
Each of the Indictment’s 10 felony counts carries a maximum punishment of 5 years imprisonment and up to a $250,000 fine. The indictment also contains a forfeiture claim against vehicles and equipment used in the commission of the Lacey Act violations.
This case was investigated by the U.S. Fish and Wildlife Service and the Colorado Division of Wildlife.
The defendants are being prosecuted by Assistant U.S. Attorney Linda McMahan, and Department of Justice Environmental Crime Section Senior Trial Attorney Robert Anderson and Trial Attorney Mark Romley.
The charges contained in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
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