PRESENT: (Commission) (Director s Staff)

Transcription

1 Proceedings of the Arizona Game and Fish Commission License Revocation and Civil Assessment Hearings Time Certain 10:00 a.m. Friday, January 13, 2017 Arizona Game and Fish Department 5000 W. Carefree Highway Phoenix, Arizona PRESENT: (Commission) Chairman Edward Pat Madden Commissioner James R. Ammons Commissioner James S. Zieler Commissioner Eric S. Sparks Commissioner Kurt R. Davis (Director s Staff) Director Larry D. Voyles Deputy Director Ty E. Gray Assistant Attorney General Jim Odenkirk Assistant Attorney General Linda Pollock 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 Citation A06979 Michael E. James Count A: Obtain 2008 hunt/fish license by misrepresentation Scott Goff Count A: Obtain 2014/15 resident hunt/fish license by misrepresentation Citation A06848 Michael Haverfield Count A: Obtain 2012 resident hunting license by misrepresentation Citation A06849 Count A: Obtain 2013 resident hunting license by misrepresentation Citation A06850 Count A: Obtain 2014 resident hunting license by misrepresentation Citation A06856 Count A: Obtain 2015 resident hunting/fishing license by misrepresentation Citation A06857 Count C: Obtain 2015 resident deer tag by

2 License Rev/Civil Assessment January 13, 2017 misrepresentation Citation A07029 Count A: Obtain 2010 resident hunting license by misrepresentation Citation A07068 Count A: Obtain 2011 hunting license by misrepresentation Ricardo A. Williams Count A: Take over bag limit (Catfish) Dennis R. Davis Count A: Shoot from vehicle Count B: Discharge a firearm within ¼ mile of a residence or occupied structure Travis A. Armijo Count A: Use other than artificial lure Count B: Possess unlawfully taken Rainbow Trout Oscar A. Cortez-Romero Count A: Use other than artificial lure Count B: Possess unlawfully taken Rainbow Trout Nikolas A. Olivas Count B: Possess/transport unlawfully taken mountain lion Robert D. Olivas Count A: Possess/transport unlawfully taken Mountain Lion Gustavo V. Pacheco Count A: Take Great Horned Owl without a license Billy Phouvong Count B: Possess 15 unlawfully taken squirrels Count C: Take wildlife without a valid license Roll call was taken and the following were present: Michael James, Scott Goff, Michael Haverfield, Ricardo Williams, Dennis Davis, Travis Armijo, Nikolas Olivas, and Billy Phouvong. 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. Motion: Ammons moved and Zieler seconded THAT THE COMMISSION VOTE TO TAKE JURISDICTION IN THESE CASES. Michael E. James Docket #

3 License Rev/Civil Assessment January 13, 2017 James was found guilty by the Yuma Justice Court for Citation A06979, Count A: Obtain 2008 hunt/fish license by misrepresentation; and sentenced: Fined $ and ordered to pay restitution of $2, James was present and addressed the Commission along with his legal counsel. Mr. James owns a business in Arizona and in California and owns a home, vehicle and boat registered in Arizona. His convictions were set aside and the fine and restitution have been paid. Mr. James legal counsel stated that the potential five years license revocation would be egregious and he asked for leniency. Commissioner Davis discussed the definition of residency with Mr. James legal counsel and stated that this case is not unique compared to other cases of misrepresentation. A person cannot claim to be a resident in two states and have resident licenses in two states at the same time. Case Officer Nemlowill was present via video teleconference and discussed the case evidence with the Commission. Motion: Davis moved and Ammons seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF MICHAEL E. JAMES 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 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. Scott R. Goff Docket # Goff was found guilty by the Desert Ridge Justice Court for Count A: Obtain 2014/2015 resident hunt/fish license by misrepresentation; and sentenced: Fined $ and ordered to pay restitution of $ Goff was present and addressed the Commission stating that he didn t know he couldn t be a resident in two states at the same time. When he realized it, he didn t apply for the 2015 Arizona license. Mr. Goff apologized for his actions and asked for leniency. Commissioner Ammons responded to a letter the Commission had received from Mr. Goff and stated that if Mr. Goff s license is revoked, he can still go out with others and our youth, even though he cannot hunt himself, and he can teach them the right way to do things.

4 License Rev/Civil Assessment January 13, 2017 Commissioner Davis thanked Mr. Goff for coming in person and for being direct in what happened. Case Officer Nemlowill was present via video teleconference. Commissioner Sparks confirmed with Mr. Goff that he had not applied for any license in Arizona or any other state since Motion: Zieler moved and Sparks seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF SCOTT R. GOFF TO HUNT, FISH AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF ONE (1) YEAR; 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 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. Michael L. Haverfield Docket # Haverfield was found guilty by the Arrowhead Justice Court for Citation A06848, Count A: Obtain 2012 resident hunting license by misrepresentation; Citation A06849, Count A: Obtain 2013 resident hunting license by misrepresentation; Citation A06850, Count A: Obtain 2014 resident hunting license by misrepresentation; Citation A06856, Count A: Obtain 2015 resident hunting fishing license by misrepresentation; Citation A06857, Count C: Obtain 2015 resident deer tag by misrepresentation; Citation A07029, Count A: Obtain 2010 resident hunting license by misrepresentation; Citation A07068, Count A: Obtain 2011 hunting license by misrepresentation; and sentenced: Fined $2, and ordered to pay restitution of $ Haverfield was present and addressed the Commission, stating that he grew up in Arizona hunting with friends and he knew the only way he could afford to hunt here was by obtaining resident licenses. He stated that what he did was wrong, but he has since taken the hunter education course and Arizona is now his home. Mr. Haverfield asked for leniency. Commissioner Zieler confirmed with Mr. Haverfield that after he received notification that his 2015 license was invalid, that Mr. Haverfield applied for resident bonus points. Mr. Haverfield stated that he didn t realize at the time that he should have bought a new license. Commissioner Zieler stated that it appears Mr. Haverfield had complete disregard for the system for residents as it is set up.

5 License Rev/Civil Assessment January 13, 2017 Mr. Haverfield stated he donated his tag for 2015 to charity. Commissioner Ammons confirmed with Mr. Haverfield that he still had his Oregon and California driver s licenses, but that he was currently only carrying his Arizona driver s license. Commissioner Davis confirmed with Mr. Haverfield that he was obtaining resident licenses in three states at the same time over a period of time between 2009 and Case Officer Nemlowill was present via video teleconference stating that the donated tag was received after the date of the hunt and could not be allocated. Also, Mr. Haverfield told Officer Nemlowill that he didn t have his Oregon and California license anymore, but several months later when Mr. Haverfield was arrested on an outstanding warrant, all three licenses were in his possession and were removed from his possession at that time by the officers. Motion: Sparks moved and Zieler seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF MICHAEL L. HAVERFIELD 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; 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 suggested that when the Department comes across evidence that a person is registered to vote in two states, that reporting it to the states should become standard practice. Ricardo A. Williams Docket # Williams was found guilty by the Manistee Justice Court for Count A: Take over bag limit; and sentenced: Fined $ Case Officer Carlson was not present. Williams was present and addressed the Commission stating that it was his first time fishing. He was with two friends that didn t have a license and he took the blame for the fish they caught. He only caught the limit of four fish and doesn t think it s fair that he should pay the price for his friends. Mr. Williams stated that he would provide the names of his friends if asked by the Department.

6 License Rev/Civil Assessment January 13, 2017 Commissioner Zieler confirmed with Mr. Williams that it was his first time fishing. Chairman Madden confirmed with Mr. Williams that he paid his fines. Commissioner Ammons stated that he is going to make a motion that includes taking a hunter education course and that he recommends Mr. Williams to take his friends with him to the course. Motion: Ammons moved and Sparks seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF RICARDO A. WILLIAMS TO HUNT, FISH AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF ONE (1) YEAR; 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 HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL DAMAGES OR TO BRING CIVIL ACTION AGAINST RICARDO A. WILLIAMS TO COLLECT THE AMOUNT OF $ FOR THE LOSS OF TEN (10) CATFISH; 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. Dennis R. Davis Docket # Davis was found guilty by the Show Low Justice Court for Count A: Shoot from vehicle; and Count B: Discharge a firearm within ¼ mile of a residence or occupied structure; and sentenced: Fined $ Davis was present and addressed the Commission stating that he did not uncomfortable with the area and the muzzleloader. He did not recognize the homes and when the officer arrived, he made inaccurate statements, and for that he apologizes. He didn t shoot towards the homes and he didn t know he was that close to the homes. Mr. Davis asked for leniency from the Commission. Case Officer Terrill was present and stated that Mr. Davis was deceptive and untruthful in his interviews and statements. Commissioner Zieler confirmed with Officer Terrill that Mr. Davis first pleaded guilty, then not guilty, and then back to guilty. Mr. Davis apologized for his actions and stated that he did not want to lose his hunting license.

7 License Rev/Civil Assessment January 13, 2017 Motion: Madden moved and Ammons seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF DENNIS R. DAVISTO 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; 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. The cases of Travis A. Armijo and Oscar A. Cortez-Romero are related cases. Travis A. Armijo Docket # Armijo was found guilty by the Round Valley Justice Court for Count A: Use other than artificial lure; and Count B: Possess unlawfully taken rainbow trout; and sentenced: Fined $ Armijo was present and addressed the Commission stating that what he did was wrong and he has learned a lesson. His favorite thing to do is fish. Commissioner Ammons suggested that Mr. Armijo and his friends, being as young as they are, do some volunteer work at and around Becker Lake which is a prize jewel fishing lake. Motion: Ammons moved and Sparks seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF TRAVIS A. ARMIJO TO HUNT, FISH AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF ONE (1) YEAR; 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 HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL DAMAGES OR TO BRING CIVIL ACTION AGAINST TRAVIS A. ARMIJO TO COLLECT THE AMOUNT OF $ FOR THE LOSS OF TWO (2) RAINBOW TROUT; 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.

8 License Rev/Civil Assessment January 13, 2017 The cases of Travis A. Armijo and Oscar A. Cortez-Romero are related cases. Oscar A. Cortez-Romero Docket # Romero was found guilty by the Round Valley Justice Court for Count A: Use other than artificial lure; and Count B: Possess unlawfully taken rainbow trout; and sentenced: Fined $ Romero was not present. Motion: Ammons moved and Zieler seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF OSCAR A. CORTEZ-ROMERO TO HUNT, FISH AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF ONE (1) YEAR; 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 OSCAR A. CORTEZ-ROMERO TO COLLECT THE AMOUNT OF $ FOR THE LOSS OF TWO (2) RAINBOW TROUT; 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. The cases of Nikolas A. Olivas and Robert D. Olivas are related cases. Nikolas A. Olivas Docket # Olivas was found guilty by the Kingman/Cerbat Justice Court for Count B: Possess/transport unlawfully taken mountain lion; sentenced: Fined $ Olivas was present and addressed the Commission apologizing for his actions and stated that he tried to make it right by going to Walmart and buying the tag. He asked the Commission for leniency because he loves to hunt, but he hopes the Commission will at least let him keep his fishing license.

9 License Rev/Civil Assessment January 13, 2017 Case Officer Regan was present via video teleconference from Region III and answered questions for the Commission. He stated that Mr. Olivas was cooperative and apologized for what he did. Commissioner Zieler confirmed with Mr. Olivas that he did not have any prior hunting or fishing violations. Motion: Madden moved and Ammons seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF NIKOLAS A. OLIVAS TO HUNT OR 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 NIKOLAS A. OLIVAS TO COLLECT THE AMOUNT OF $1, FOR THE LOSS OF ONE (1) MOUNTAIN LION; 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. The cases of Nikolas A. Olivas and Robert D. Olivas are related cases. Robert D. Olivas Docket # Olivas was found guilty by the Kingman/Cerbat Justice Court for Count A: Possess/transport unlawfully taken mountain lion; sentenced: Fined $ Olivas was not present. Case Officer Regan was present via video teleconference in Region III and answered questions for the Commission. Officer Regan stated that Mr. Olivas was cooperative in the investigation. Motion: Zieler moved and Ammons seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF ROBERT D. OLIVAS TO HUNT, FISH AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF ONE (1) YEAR; 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

10 License Rev/Civil Assessment January 13, 2017 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. Commissioner Sparks clarified that the motion was for Mr. Olivas to be revoked for a period of one year for holding the lion for a picture and for accompanying Nikolas Olivas to Walmart to buy a license. Commissioner Zieler stated that he believes Mr. Olivas is culpable for his participation in the illegal activity. Vote: Aye Madden, Ammons, Zieler, Davis Nay - Sparks Passed 4 to 1 Billy A. Phouvong Docket # Phouvong was found guilty by the Flagstaff Justice Court for Count B: Possess 15 unlawfully taken squirrels; and Count C: Take wildlife without a valid license; and sentenced: Fined $ Case Officer Adams was not present. Phouvong was present and addressed the Commission stating that he did not know his license was previously revoked. Commissioner Davis discussed with Mr. Phouvong that he was revoked on August 7, 2015 for taking too many squirrels and now he s here several months later for the same offense. The Commission discussed with Mr. Elms that the revocation notice was sent by certified mail and it was signed for receipt. Commissioner Davis asked Assistant Attorney Odenkirk if this case would qualify for a ten year revocation period. Mr. Odenkirk stated that the Commission could re-notice Mr. Phouvong for a potential ten year revocation period if desired, but it would require a new hearing date. Commissioner Davis pointed out for Mr. Phouvong that this is a serious case and the Commission could revoke for a ten year period. Motion: Sparks moved and Madden seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF BILLY A. PHOUVONG TO HUNT, FISH AND TRAP IN THE STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF FIVE

11 License Rev/Civil Assessment January 13, 2017 (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 HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL DAMAGES OR TO BRING CIVIL ACTION AGAINST BILLY A. PHOUVONG TO COLLECT THE AMOUNT OF $ FOR THE LOSS OF FIFTEEN (15) SQUIRRELS; 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. Gustavo V. Pacheco Docket # Pacheco was found guilty by the Agua Fria Justice Court for Count A: Take great horned owl without a license; and sentenced: Ordered to pay 3, to the Liberty Wildlife Rehabilitation Foundation and restitution of $ to the Arizona Game and Fish Wildlife Theft Prevention Fund. Pacheco was not present. Case Officer Antolik was present and answered questions for the Commission. Commissioner Zieler confirmed with Mr. Elms that Mr. Pacheco has never had a hunting license. Motion: Davis moved and Ammons seconded THAT THE LICENSE(S) AND/OR LICENSES PRIVILEGES OF GUSTAVO V. PACHECO 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 HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL DAMAGES OR TO BRING CIVIL ACTION AGAINST GUSTAVO V. PACHECO TO COLLECT THE AMOUNT OF $ FOR THE LOSS OF ONE (1) GREAT HORNED OWL; 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.

12 License Rev/Civil Assessment January 13, 2017 Commissioner Zieler thanked Officer Antolik for her work on this case and for saving the four nestlings. These hearings concluded at 11:57 p.m.