Geese and desist
Joint waterfowl-enforcement operation in Maryland results in more than 100 citations, including criminal charges for violations of the federal Migratory Bird Treaty Act
About midmorning on January 20, 2020, Dalton Brown, and the two friends who had joined him to hunt geese on his grandparents’ land on Maryland’s Eastern Shore, decided to take a break. They had been hunkered down inside layout blinds in an agricultural field for the better part of the morning.
Soon after the hunters emerged from their camouflaged hideouts, the three officers who had been watching them broke cover as well.
Following an anonymous tip, U.S. Fish and Wildlife Service special agents and federal wildlife officers and Maryland Natural Resources Police officers were conducting surveillance after discovering days before that the field where Brown and his friends were hunting had been baited with feed corn — a violation of the federal Migratory Bird Treaty Act.
It turned out to be one of many violations.
Staked out nearby since 3:00 a.m., the officers observed as Brown, Clayton Tyler, and the third individual — a juvenile — shot and killed more Canada geese than the legal limit and attempted to conceal the evidence.
After the hunters downed a goose, they would hide it under an overturned kiddie pool. Brown’s grandmother, Victoria Sump, emerged from the house to ferry the dead geese from under the kiddie pool to an outbuilding on the property — from one hiding place to another.
“Thanks to a tip from the public, and good detective work, the officers were in the right place at the right time,” said Special Agent John LaCorte, who led the subsequent Service’s Office of Law Enforcement (OLE) investigation into the incident based on the evidence the officers documented in the field.
The case resulted in 12 formal criminal charges against the defendants for violating laws established to ensure a future for hunting by sustaining migratory waterfowl populations.
During the 2019–2020 hunting season, the daily limit was lowered to one goose per licensed hunter based on recommendations of the Atlantic Flyway Council and concurrence from the Service. This recommendation was based on the previous year’s breeding-season survey that had documented low numbers of offspring, likely due to extreme cold.
The officers documented that in only a few hours that morning, the hunters took seven geese.
The defendants were also charged with using an electronic calling device for the purpose of taking migratory game birds, wanton waste of migratory birds, possession of lead shot, taking migratory game birds with an unplugged gun, possession of untagged birds, and failure to possess federal Migratory Bird Hunting and Conservation Stamps.
“The incident showed a blatant disregard for wildlife laws,” LaCorte said. “But it also demonstrated the excellent working relationship between the Service and the Maryland Natural Resources Police.”
This particular case occurred in the middle of a three-week joint waterfowl enforcement operation — Operation Reinforce — which comprised a task force of agents and officers from the Service’s OLE, the Service’s Division of Refuge Law Enforcement, and Maryland Natural Resources Police officers.
“This was an excellent example of allied agencies working together to protect our natural resources, and of the dedication of our officers,” said Maryland Natural Resources Police Superintendent Colonel Adrian Baker. “Unfortunately, while hunting can be an enjoyable sport, some abuse it — but we will remain vigilant to ensure they don’t get away with it.”
The newly lowered bag limit for geese was part of the motivation for the joint operation, but it reflected years of increasing collaboration between the agencies in response to growing demands on the resource.
“The Eastern Shore is a cradle for migratory waterfowl populations, and the hunting pressure here is high,” explained Patrol Captain Brian Richardson of the Service’s Refuge Law Enforcement, who supported the operation.
State and federal hunting regulations are put in place to conserve populations of waterfowl that already face many other threats, including loss of wintering habitat. Most hunters understand the need for limits to support long-term conservation of game species, but a few disregard the laws.
Richardson explained that by joining forces in the field, officers are better positioned to spot violations and increase deterrence against them. “Anytime we can leverage the training and experience of different agencies and work as a team, we will be more effective,” he said.
During Operation Reinforce, agents and officers rotated in from different districts throughout the region to target areas as part of interagency teams.
The three-week effort led to 267 contacts and 121 citations, including those levied against Brown, Tyler, and Sump. The juvenile hunting with them was not charged.
In October 2021, the defendants were sentenced in U.S. District Court in Baltimore as part of a plea agreement with the U.S. Attorney’s Office for the District of Maryland.
Brown pleaded guilty to one count of placement of bait for the purpose of hunting migratory game birds and was sentenced to four-and-a-half months of home detention and three years of supervised probation, during which he is prohibited from hunting migratory birds. He was fined $5,000 and forfeited his shotgun and electronic caller to the government.
Tyler pleaded guilty to one count of taking migratory game birds over bait and was fined $1,000 and forfeited his shotgun.
Sump pleaded guilty to one count of exceeding the daily possession limit Canada geese and received a $250 fine.
The resolution of the case sends an important message. “The U.S. Fish and Wildlife Service will not hesitate to press federal charges against those who knowingly violate wildlife laws,” said the Service’s Special Agent in Charge for the Northeast Region Ryan Noel. “We rely on strong relationships with partners like the Maryland Natural Resources Police and the U.S. Department of Justice to be successful in these investigations. Together, we work to ensure the conservation of our nation’s wildlife so that future generations may enjoy recreational and hunting opportunities.”
The resulting $6,250 in fines will be paid to the North American Wetlands Conservation Fund and used to support waterfowl conservation. The program provides matching grants to projects in the United States, Canada, and Mexico that protect, restore, and enhance wetland habitats for birds.
In Maryland, where sea-level rise is already taking a toll on coastal habitats that many species depend upon, the fund can play an important role in supporting work to restore salt marshes and conserve marsh-migration corridors to allow healthy marshes to move inland.
But in the meantime, hunting regulations and science-based limits are essential tools for ensuring healthy waterfowl populations persist.
Learn more about the laws related to waterfowl hunting and baiting: https://www.fws.gov/le/waterfowl-hunting-and-baiting.html
