On January 2, 2004 I called
the PGC call center to notify them that I observed someone
stealing my traps. I gave the PGC the persons name &
address. Several days later I received a telephone call from
the local WCO Donald Burchell, telling me that he spoke to
the person I reported and he determined that they didn’t
take any traps, but in the next breath he states that the
PILE of "Unset & Unused" traps laying on the ground next to
my cabin are illegal. He stated that all traps must be
visited every 36 hours, this applies to all traps even traps
in storage in your attic. WCO Burchell stated that the law
makes no distinction if a trap is used or not, just that all
traps must be checked every 36 hours.
We had a heated argument about this and WCO
Burchell tells me that I think I’m smart and hangs up on me.
1 month later I receive a fine in the mail for "Section 2361
a.10 Violation – Unlawful acts concerning taking of
furbearers. The subject failed to visit a leg-hold trap he
was using, at least once every 36 hours, contrary to Title
34".
I was never notified as to which trap WCO
Burchell was referring to. My repeated calls to him to get
some clarification went unanswered. I went to my hearing
blind, but prepared for anything. At my hearing the pile of
traps was never mentioned. WCO Burchell said that he found a
weasel box trap somewhere on my land that was set, that was
what the fine was for. I explained that this is my land and
I leave my box traps out all year, but they are not set. I
explained that this is my land & I can leave traps out all
year as long as they are not set. These traps aren’t
anchored either, they are just hidden and waiting for the
next season. I was found guilty and am in the process of
appealing. This hearing lasted 45 minutes. For 40 of the 45
minutes I listened to WCO Burchell talk about everything but
what I was fined for. Every time I would tell the Magistrate
that something didn’t apply to my case I was told to be
quiet. At the end I took 5 minutes and stated my case, which
I don’t think anyone really listened to.
I subsequently discovered that WCO
Burchell is a friend of the person that I reported for
stealing my traps. I think I stirred up a hornet’s nest
between accusing his friend of theft and arguing the law
about my pile of unused traps.
It was amazing that the PGC could go to
court and not tell me what trap in particular I was being
cited for. Then, when they go to court they decided that
their initial claim of a pile of traps might sound crazy
even for them so they changed their story to something that
sounded more plausible. Two WCO’s appeared at the hearing
along with a Regional Supervisor from Dallas named Richard
Larnerd. No idea why they were there, I guess it looked
better at the hearing if several people from the PGC were
there, especially someone from Dallas.
I was found guilty by our local Magistrate
and have decided to represent myself in the appeal to higher
court.
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Update to this
story |
Wanted to keep you abreast of the latest on
my PGC case. Today I had my hearing in front of
the local Magistrate. I was found guilty.
Strange hearing. There were 3 representatives
from the PGC there along with a witness (???)
for the PGC. The hearing lasted 45 minutes,
during the 45 minutes the PGC warden who issued
me the fine
spoke for 40 minutes. He spoke about everything
under the sun but what my citation was for.
Several times I interrupted and asked the
Magistrate why this PGC guy was talking about
things totally irrelevant to my case. I was
told to sit and let the Warden finish.
This warden spoke about animal snares that he
found somewhere in the
woods, no idea who these snares belonged to or
where they were found only that they were found
somewhere. He also spoke about traps that I had
set that he considered illegal but he didn't
want to issue a citation for. He implied that I
was illegal but he was a nice guy and let me
slide. The WCO never really spoke about me not
"visiting
" my traps within a 36 hour period. I repeated
several times that we should be talking about my
citation not about things irrelevant to the case
in question.
The witness there only stated that he knows that
I work out of town and that this means that I
don't check my traps. I explained that I take 4
weeks vacation and trap, when I go back to work
I don't trap. I really don't think anyone
listened to anything I said.
The warden didn't speak about the pile of traps
laying next to my cabin, he said that he found
one of my traps somewhere in the woods and it
was set. I guess my previous letters to
everyone tipped him off that he was being crazy
with the pile of traps so he switched his story
to something else. I guess this is why he never
specified what
trap he was fining me for, this gave him the
ability to adjust his story to fit his case.
I really think the case I presented was solid, I
actually even thought I was going to win! The
Magistrate seemed to not even listen to what I
was saying. Soon as I was finished speaking and
presenting my rebuttal the magistrate pronounced
me guilty. I knew that would happen though, I
just wished my case was discussed and I was
found
guilty for what the citation was. If I can
appeal my case without getting a lawyer I will.
I really think that I will win if my case is
presented in front of a real judge. If I cannot
appeal without an attorney I am going to let
this matter drop. Not worth $750 for an
attorney.
I'm undecided about attending the PGC meeting
this coming Sunday. I really don't know what I
will accomplish, plus I loose out on my Sunday
vacation day.
I do know that as of today I have quit hunting
and trapping in PA. I think it's impossible to
win a case against the PGC, especially when they
are able to switch stories in mid-stream. I
tried.
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