(Director s Staff) PRESENT: (Commission)

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1 Proceedings of the Arizona Game and Fish Commission License Revocation and Civil Assessment Hearings Time Certain 10:00 a.m. Friday, September 8, 2017 Grand Canyon Railway Hotel 235 N. Grand Canyon Blvd. Williams, Arizona PRESENT: (Commission) Chairman James R. Ammons Commissioner James S. Zieler Commissioner Eric S. Sparks Commissioner Kurt R. Davis Commissioner Edward Pat Madden (Director s Staff) Director Ty Gray Deputy Director Tom Finley Assistant Attorney General Jim Odenkirk Assistant Attorney General Linda Pollock Assistant Attorney General John LeSueur Hearings on License Revocations for Violation of Game and Fish Codes and Civil Assessments for the Illegal Taking and/or Possession of Wildlife Presenter: Gene Elms, Law Enforcement Branch Chief Mr. Elms presented the cases below to the Commission. Each of these cases were reviewed and it was determined that all cases met the criteria established in A.R.S , , , , and/or for Commission action. The Commission and the respondents were provided with copies of the original court docket and case reports prepared by the officers along with copies of all other pertinent materials in each of these cases. Each of the following individuals was legally noticed for this hearing. Name Docket # Count Conviction Richard Stephenson Count A: Obtain 2015/16 resident hunt license by fraud Sherry Lynn Dixon Count A: Possess restricted live wildlife (mule deer) Carlton F. Zehr Count A: Obtain resident bull elk permit by fraud Arturo O. Barrios Count B: Possess unlawfully taken mule deer Michael L.J. Weaver Count A: Take cow elk in excess of bag limit Count B: Take cow elk in excess of bag limit Count C: Take cow elk in excess of bag limit Count D: Take cow elk with unlawful device Roll call was taken and the following were present: Richard Stephenson, Sherry Dixon, Carlton Zehr, Arturo Barrios and Michael Weaver. Mr. Elms stated that the civil assessment process is not intended to be punitive, but is a process allowing the Commission to recover financial damages to compensate the State for the loss of any wildlife. Hunter Education requirements are imposed as a remedial measure to increase knowledge and prevent future violations and not as punishment. The Commission was asked to consider and take action on the license revocations and/or civil assessments for the individuals listed above.

2 License Rev/Civil Assessment September 8, 2017 Motion: Sparks moved and Madden seconded THAT THE COMMISSION VOTE TO TAKE JURISDICTION IN THESE CASES. Richard D. Stephenson Docket # Stephenson was found guilty by the Desert Ridge Justice Court for Citation A11324, Count A: Obtain resident hunt license by misrepresentation; and sentenced: Fined $ and ordered to pay restitution of $1, Case Officer Nemlowill was present and answered questions for the Commission. Stephenson was present and addressed the Commission providing a one page letter, which the Commission read (attached) requesting to postpone his revocation hearing. Commissioner Sparks confirmed with Mr. Stephenson that he was requesting the Commission to continue this hearing until a future date after his criminal case in court has been adjudicated. Commissioner Sparks also confirmed with Mr. Stephenson that he had pled guilty to obtaining a resident license by fraud. Commissioner Davis questioned why the Commission should continue the hearing considering the facts are still the same from his perspective. The Commission s job is to recover for the loss to the state and the people of Arizona. Stephenson stated that his attorney advised that the outcome of his outstanding criminal case will have an impact on this hearing. He has been found guilty of the administrative aspect of this case, but not the field aspect. Mr. Stephenson further discussed his perspective of his case, Commission rules and the law. Mr. Odenkirk requested that the Commission go into Executive Session for discussion with the officer and to get a better understanding in order to advise the Commission. The Commission voted to meet in Executive Session in accordance with A.R.S (A)(3) and (4) for the purpose of discussion and consultation with legal counsel. Motion: Madden moved and Sparks seconded THAT THE COMMISSION VOTE TO GO INTO EXECUTIVE SESSION.

3 License Rev/Civil Assessment September 8, 2017 Chairman Ammons called the public meeting back to order. Motion: Sparks moved and Davis seconded THAT THE COMMISSION VOTE TO PROCEED ON THE LICENSES REVOCATION PORTION OF THIS HEARING AND TO ALLOW MR. STEVENSON THE OPPORTUNITY TO CONTINUE THE CIVIL ASSESSMENT PORTION OF THIS HEARING UNTIL THE NEXT REGULAR COMMISSION MEETING IN DECEMBER. Commissioner Davis clarified that the reason the Commission would agree to postpone the civil assessment portion is so Mr. Stevenson would have an opportunity to present his case. Motion: Sparks moved and Davis seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF RICHARD D. STEPHENSON TO HUNT, FISH AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF FIVE (5) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO HUNT IN THIS STATE; THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION; AND FURTHER THAT THE DIRECTOR NOT TAKE ANY ACTION TO COLLECT ANY CIVIL ASSESSMENT UNTIL SUCH TIME AS ADDITIONAL PROCEEDINGS ARE CONDUCTED BY THE COURT. Commissioner Davis requested input from Mr. Odenkirk on this issue. Mr. Odenkirk stated that the reason the Commission can proceed today with the license revocation portion is that Mr. Stevenson has a conviction for fraud or misrepresentation. There is no barrier to prevent the Commission from proceeding with action on the revocation of license privileges. With regard to the civil assessment, it is not actually necessary to have a conviction to pursue a civil assessment for the unlawful possession or take of wildlife. The Commission has a basis to proceed with that today, however, it appears that Mr. Stevenson is not prepared today to present his case on that issue. He has asked for a continuation because he is not prepared and for that reason, he recommended that the Commission continue the civil assessment portion to a later date.

4 License Rev/Civil Assessment September 8, 2017 Sherry L. Dixon Docket # Dixon was found guilty by the Quartzsite Justice Court for Count A: Possess restricted live wildlife (mule deer); and sentenced: Fined $ Dixon was present and addressed the Commission asking for a continuance. She stated that she has proof that a few things in Officer Shanley s statements in the report are not true and she would like more time to prepare her case. The fawn was in a dehydrated condition and she has a video to show. She rescued the deer and was not planning on keeping it. She was looking for sanctuaries and no one would take it. She could not put it back in the wild after it had become used to humans. Chairman Ammons stated that the Commission was not going to continue the hearing. Case Officer Shanley was present and answered questions for the Commission. Officer Shanley stated that Ms. Dixon was not cited for saving the fawn, but for keeping possession of it after weeks of saying she was going to put it back. There was no attempt to her knowledge that Ms. Dixon was trying to place the fawn with a wildlife rehabilitation center. Dixon stated that she has proof from different sanctuaries that she tried to place the fawn. And further stated that if it turns out that she is going to be fined again, she requested that the Commission reduce the fine. She has learned her lesson and will not be taking in any more wildlife. Motion: Madden moved and Sparks seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF SHERRY L. DIXON TO HUNT, FISH AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF FIVE (5) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL DAMAGES OR TO BRING CIVIL ACTION AGAINST SHERRY L. DIXON TO COLLECT THE AMOUNT OF $1, FOR THE LOSS OF ONE (1) MULE DEER; AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION. Carlton F. Zehr Docket #

5 License Rev/Civil Assessment September 8, 2017 Zehr was found guilty by the Desert Ridge Justice Court for Citation A01929, Count A: Obtain resident elk permit by fraud; and sentenced: Fined $ Zehr was present and addressed the Commission. He stated that in 2015 he was hunting in Unit 10 and was approached by a Game and Fish Officer who looked at his paperwork. He has a residence in Florence, Arizona bought in 2011 and has licensed nine vehicles in Arizona. What he has claimed on taxes in New York, he has spent in Arizona. He is not a legal resident in Arizona, but he has an Arizona sales tax to sell maple syrup in Arizona. He hopes the Commission will continue to let him hunt. He is 70 years old and still enjoys hunting. Commissioner Davis asked Mr. Zehr if he had a resident hunting license in New York. Zehr stated that he did for some of those years. Case Officer Fabian was present and stated that he did not have anything to add, except that Mr. Zehr was fully cooperative in the questioning, and all his answers proved accurate. Motion: Madden moved and Sparks seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF CARLTON F. ZEHR TO HUNT, FISH AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF TWO (2) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO HUNT IN THIS STATE; AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION. Vote: Aye - Ammons, Sparks, Madden Nay - Davis Passed 3 to 1 Arturo O. Barrios Docket # Barrios was found guilty by the Ironwood Justice Court for Count B: Take deer with artificial light; and sentenced: Fined $ Barrios was present and addressed the Commission assisted by Mariana Sandoval, a paralegal with the Attorney General s Office, who translated for him. Barrios stated that his son-in-law called and asked him if he wanted to go hunt a deer with him. He said yes because he wanted to invite his friends to come to church. His son-in-law shot the deer and he was with him. He

6 License Rev/Civil Assessment September 8, 2017 served time in jail and it was a long process. He did not know it was against the law to use the spotlight. He does not own any firearms. He has had a hunting license in the past, but does not have one now. Case Officer Raspiller was present via video teleconference from the Department s Headquarters. He stated that both Mr. Barrios and his son-in-law were very regretful of what happened. Commissioner Davis clarified that the son-in-law has already been revoked and he is working on paying the civil assessment. The civil assessment is shared, so the two can work it out between them. Motion: Davis moved and Madden seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF ARTURO O. BARRIOS TO HUNT, FISH AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER UNTIL HE SUCCESSFULLY COMPLETES THE HUNTER EDUCATION COURSE AND PROVIDES PROOF TO THE DEPARTMENT S LAW ENFORCEMENT BRANCH BEFORE APPLYING FOR ANY OTHER LICENSE TO HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL DAMAGES OR TO BRING CIVIL ACTION AGAINST ARTURO O. BARRIOS TO COLLECT THE SHARED AMOUNT OF $1, FOR THE LOSS OF ONE (1) 3X3 MULE DEER BUCK; AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION. Michael L. J. Weaver Docket # Weaver was found guilty by the Round Valley Justice Court for Count A: Take cow elk in excess of bag limit; Count B: Take cow elk in excess of bag limit; Count C: Take cow elk in excess of bag limit; and Count D: Take cow elk with unlawful device; and sentenced: Fined $4, Weaver was present and addressed the Commission stating that his friend bought the ammunition and he didn t know about full metal jackets. When he shot, he thought he missed because the elk didn t even flinch. He takes full responsibility of what happened and it will never happen again. He asked for leniency on the assessment because he is struggling financially. Chairman Ammons stated that the assessment amounts are set and the Commission cannot lower the amounts.

7 License Rev/Civil Assessment September 8, 2017 Case Officer Hartzell commented on the videos of the hunt. There were several comments by members of the hunting group on the video that mention the elk flinching or dropping a little. A lot of this situation came down to Mr. Weaver being nervous and new to hunting. There is a lot of misconception that an elk is going to drop and they didn t see any of those reactions. Motion: Sparks moved and Madden seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF MICHAEL L. J. WEAVER TO HUNT, FISH AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF THREE (3) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL DAMAGES OR TO BRING CIVIL ACTION AGAINST MICHAEL L. J. WEAVER TO COLLECT THE AMOUNT OF $7, FOR THE LOSS OF THREE (3) COW ELK; AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION. Commissioner Davis asked if this case was self- reported. Mr. Elms stated it was not. The Officer was in the field and came across this situation. Vote: Aye - Ammons, Sparks, Madden Nay - Davis Passed 3 to 1 These hearings concluded at 11:23 a.m.