Two Franklin County Men Charged with Setting Junk Boat Adrift in Missisquoi River on the National Wildlife Refuge

The Office of the United States Attorney for the District of Vermont stated that on February 1, 2022, Wayne Bailey, 68, of Swanton and Louis Bates, 49, of St. Albans were charged by criminal complaint with abandoning a junk boat and setting it adrift in the Missisquoi River on the Missisquoi National Wildlife Refuge. Specifically, they are charged with abandoning and discarding personal property and dumping garbage, debris, and refuse on a National Wildlife Refuge. 

The charges are Class A misdemeanors and carry a maximum penalty of one year in prison and a $100,000 fine. Any actual sentences will be determined with reference to the Federal Sentencing Guidelines. The criminal complaint lodged against Bailey and Bates contains accusations only, and the defendants are presumed innocent until and unless proven guilty. Both defendants are scheduled to appear in U.S. District Court in Burlington for an initial appearance on February 15, 2022.

According to the allegations contained in the criminal complaint affidavit, in the early summer of 2021, Wayne Bailey purchased a 19 ½ foot long boat for $150. The boat was manufactured by Bayliner in 1989. After purchasing the boat, Bailey stripped the engine out of the boat and sold the engine. Rather than paying to dispose of the boat properly, Bailey devised a plan to set the boat adrift in the Missisquoi River. Bailey, however, did not have a tow hitch on his vehicle so he recruited Bates to use Bates’s truck to tow the boat to the Missisquoi River. 

The government alleges that, after dark on the evening of July 15, 2021, Bates towed the boat to Louie’s Landing boat ramp on the Missisquoi National Wildlife Refuge, and Bailey followed in his own vehicle. Bates then backed the boat trailer into the river, and Bailey unhooked the boat and set it adrift. The next day United States Fish and Wildlife (FWS) personnel discovered the boat. The engine was gone, but the gas tank contained 4 ½ gallons of gas. The FWS incurred about $1,084 in costs for the proper disposal of the boat and associated administrative costs.
  
U.S. Attorney Nikolas P. Kerest stated that the U.S. Attorney’s Office is committed to vigorously enforcing our federal environmental laws, which protect and preserve our public lands and waterways for all to enjoy. Enforcement is particularly important when the evidence establishes a callous disrespect for the Vermont environment. 

This case was investigated by the U.S. Fish and Wildlife Service and is being prosecuted by Assistant U.S. Attorney Joseph Perella. Defense counsel have not yet entered an appearance.