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Who Has all the ducks??

Discussion in 'Idaho Flyway Forum' started by junkie, Dec 8, 2015.

  1. junkie

    junkie Refuge Member

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    shawnee ks
    WENDY J. OLSON, IDAHO STATE BAR NO. 7634
    UNITED STATES ATTORNEY
    CHRISTIANS. NAFZGER, IDAHO STATE BARNO. 6286
    ASSISTANT UNITED STATES ATTORNEY DISTRICT OF IDAHO
    U.S. COURTS
    NOV 1 0 2015
    ELIZABETH A.SMITH CLERK, DISTRICT OF IDAHO
    UNITED STATES DISTIUCT COURT FOR THE DISTRICT OF IDAHO
    vs.
    Plaintiff,
    INDICTMENT
    18 u.s.c. § 371
    Conspiracy to Bait Migratory Birds
    GREGORY OBENDORF,
    16 U.S.C. §§ 704(b)(2) and 707(a)
    The Grand Jury charges;
    GENERAL ALLEGATIONS At all times relevant to this Indictment:
    1. Defendant GERGORY OBENDORF leased, farmed, and allowed individuals to duck lnmt on land located north of the Boise River, south of Highway 26 and 0.66 miles east of Highway 95 (hereinafter "duck field"). The duck field is owned by the T. I. Estate. One ofthe beneficiaries of the T.I. Estates is the daughter ofT.I., I-LT. H. T. and her husband, D.T., lease the duck field to GREGORY OBENDORF. OBENDORF has leased the property continuously since at least 2004. OBENDORF

    INDICTMENT - 1
    pays rent for the duck field and is allowed to farm and run the hunting opportunity on the duck field.
    2. J.K. was an employee of defendant GREGORY OBENDORF and worked as a

    mechanic and farm manager from March of2006 to March of2013.

    3. A.D. worked as a combine operator. A.D. operated a John Deere 9760 STS combine on property leased by defendant GREGORY OBENDORF, to include the duck field. A.D. began working for GREGORY OBENDORF in March 2010.
    4. GREGORY OBENDORF purchased a John Deere 9760 STS combine on August 10,

    2007, from Campbell Tractor in Homedale, Idaho.

    5. H.T. worked for GREGORY OBENDORF for five years, starting in the fall of2007 and stat1ed operating combines for GREGORY OBENDORF in 2008.
    6. On November 15, 2013, United States Fish and Wildlife Service Special Agents observed piles of kernel com while flying over the Boise River floodplain to the west from the Nampa, Idaho, airport. The corn was spotted in a field to the south of a waterfowl hunting blind. The piles of corn and hunting blind were located in the
    duck tield, which is north ofthe Boise River, south ofHighway 26 and 0.66 miles east of Highway 95.
    7. The duck field was planted in corn and then cut in alternating swaths as to leave some

    corn standing for the waterfowl hunting season. The field was divided into two pa11s by an irrigation ditch -north half and south half. The irrigation ditch was running east and west where the pit blind was situated just to the north of the ditch. The pit blind was a concrete structure below grade to hide hunters from incoming waterfowl. The
    INDICTMENT - 2





    north half field was planted in corn rows running east and west and the south half was planted in corn rows running north and south.
    8. On November 15,2013, a United States Fish and WildHfe Service Special Agent verified the corn pile locations spotted from the airplane earlier that day. The piles of corn appeared to be placed strategically in front of the pit blind for waterfowl
    hunting. There were six piles of kernel corn in the duck field.

    9. On November 15, 2013, an Idaho Department of Fish and Game Officer detetmined the cut rows of corn did not appear to be harvested according to his knowledge of a normal agricultural practice. The manipulated rows appeared to have cobs broken and cobs with corn kernels still attached. Several samples of cobs and husks left in
    the duck field were taken. The cut corn rows appeared to be manipulated in the same fashion as other rows that were observed in that field.
    10. On November 15, 2013, agents deployed a Plotwatcher camera in the duck field to take photographs of people in view of the hunting blind. The camera was set to take photographs during daylight hours every five seconds.
    11. As agentswalked out of the "duck field," they walked through a different corn field that had been harvested. The corn cobs in this field were mostly in one piece without any kernels left on. Most of the cobs discarded out of the combine were left in a windrow.
    12. On November 20, 2013, an agent revisited the Plotwatcher camera to check on photographing image direction and the date and time settings. The date and time
    were corrected to reflect the cunent date and time. The camera was reset. The whole kernel corn piles and the manipulation of the field were observed.




    INDICTMENT - 3





    13. On December 19,2013, an agent retrieved the camera and data chip. The camera chip was inserted in a computer and viewed. The data chip contained images it took between the dates ofNovember 20 through November 30, 2013.
    14. The agent observed by viewing the images from the data card, that on November 24,

    2013, the "duck field" statted to flood and individuals began hunting it. At about

    07:32a.m., tour hunters appeared to deploy decoys and continued to work a yellow dog and shoot from the pit blind located on the "duck field." Multiple images showed guns visible from the blind and ducks being retrieved by the dog and hunters. After the hunt, two hunters were observed repairing the blind camouflage with additional corn stalks.
    15. The images from November 26, 2013, showed three hunters hunting from the pit blind before moving to the standing corn. They deployed decoys and used a dark colored dog. The dog appeared to retrieve ducks shot from the flooded "duck field."
    Relevant Laws and Regulations:

    16. The United States Fish and Wildlife Service has jurisdiction to enforce the Migratory

    Bird Treaty Act, 16 U.S.C. §§ 703-712. The Migratory Bird Treaty Act 16 U.S.C. §

    704 (b)(2), prohibits the place or direct the placement of bait on or adjacent to an

    area tor the purpose of causing, inducing, or allowing nay person to take or attempt to take any migratory game bird by the aid of baiting on or over the baited area.
    17. The Migratory Bird Treaty Act is further defined in 50 C.F.R. Part 20 under

    Migratory Bird Hunting.

    18. In 50 C.F.R. Pmt 20.11 the following definitions are specific to these charges:

    (g) Normal agricultural planting, harvesting, or post-harvest manipulation means a planting or harvesting undertaken for the purpose of producing and gathering a crop, or



    INDICTMENT -4





    manipulation after such harvest and removal of grain, that is conducted in accordance with official recommendations of State Extension Specialists of the Cooperative Extension Service of the U.S. Depm1ment of Agriculture.
    (h) Normal agricultural operation means a normal agricultural planting, harvesting,

    post-harvest manipulation, or agricultural practice that is conducted in accordance with official recommendations of State Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture.
    G) Baited area means any area on which salt, grain, or other feed has been placed,

    exposed, deposited, distributed, or scattered, if that salt, grain, or other feed could serve as a lure or attraction for migratory game birds to, on, or over areas where hunters are attempting to take them. Any such area will remain a baited area for ten days following the complete removal of all such salt, grain, or other feed.
    (k) Baiting means the direct or indirect placing, exposing, depositing, distributing, or

    scattering of salt, grain, or other feed that could serve as a Jure or attraction for migratory game birds to, on, or over any areas where hunters are attempting to take them.
    (1) Manipulation means the alteration of natural vegetation or agricultural crops by

    activities that include but are not limited to mowing, shredding, discing, rolling, chopping, trampling, flattening, burning, or herbicide treatments. The term manipulation does not include the distributing or scattering of grain, seed, or other feed after removal from or storage on the field where grown.


    In 50 C.F.R. 20.21, migratory birds on which open seasons are prescribed in this part may be taken by any method except those prohibited in this section. No persons shall take migratory game birds:
    (i) By the aid of baiting, or on or over any baited area, where a person knows or

    reasonably should know that the area is or has been baited. However, nothing in this paragraph prohibits:
    (1) the taking of any migratory game bird, including waterfowl, coots, and cranes, on or

    over the following lands or areas that are not otherwise baited areas
     

    Attached Files:

  2. junkie

    junkie Refuge Member

    Messages:
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    Joined:
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    Location:
    shawnee ks
    INDICTMENT -5





    (i) Standing crops or Hooded standing crops (including aquatics); standing, flooded, or manipulated natural vegetation; flooded harvested croplands; or lands or areas where seeds or grains have been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation or normal soil stabilization practice;
    19. Title 18 U.S.C. § 371, prohibits "iftwo or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more such persons do any act to effect the object of the conspiracy..."


    Objective of the Conspiracy: To knowingly and intentionally place bait and direct the placement of bait on and adjacent to an area for the purpose of causing, inducing, and allowing any person to take and attempt to take any migratory game bird, to wit: mallard (Anas platyrhynchos), pintail (Anas acuta), and wood (Aix sponsa) ducks. Such conduct is prohibited by the Migratory Bird Treaty Act, Title 16, United States Code, Sections
    704(b)(2) and 707(c), Title 50 Code ofFederal Regulations, Sections 20.11 and 20.21, Title 18, United States Code, Section 2, and Title 18, United States Code, Section 37l.
    COUNT ONE

    Conspiracy to Place Bait for Migratory Game Birds
    18 u.s.c. § 371

    1. The allegations set forth in paragraph One through Nineteen of the General Allegations of this Indictment are hereby re-alleged and incorporated as though set forth in full herein.
    2. From November 2007 through January 2014, in the District ofldaho, the defendant, GREGORY OBENDORF, did knowingly and intentionally combine, conspire, confederate, and agree with other persons, both known and unknown, to commit the






    INDICTMENT -6





    following offense against the United States: placing bait for migratory game birds;


    and one or more persons did an act to effect the object of the conspiracy.


    It was part of the scheme that:

    3. Defendant GREGORY OBENDORF hunted and allowed others to hunt on prope11y that he leased, to include the "duck field." The "duck field" was planted in corn, with the intention that it would be used to bait migratory ducks.
    4. J.K., A.D., H.T., and others, upon direction from GREGRORY OBENDORF, from November 2007 through November 2013, manipulated the corn planted on the "duck field," to include knocking corn with the aid of a tractor and combining the field with the deck plates open so as to crush the corn cobs and to dispose of the manipulated corn back onto the field, all activities outside of normal agricultural practices.
    5. Within days after directing the manipulation of the corn planted in the "duck field," GREFORY OBENDORF directed the field to be flooded after which he hunted and/or allowed other hunters to take and attempt to take migratory ducks.
    I. OVERT ACTS

    In furtherance of the conspiracy, and in order to effect its objectives, GREGORY OBENDORF and others known and unknown, committed, and caused to be committed, the tollowing overt acts in the District of Idaho.
    Overt Act One- On or about an unknown date in November of2007, the Defendant GREGORY OBENDORF directed J.K to knock down the corn in the duck field. The Defendant GREGORY OBENDORF instructed J.K. to use the tractor to knock down rows of corn in the duck field at night, so no one would observe him knock down the corn.



    INDICTMENT 7





    Overt Act Two- During the duck hunting season of2007-2008, the Defendant GREGORY OBENDORF instructed J.K. to knock down additional rows of corn for the purpose of baiting ducks every two weeks fi•om November of 2007 through January of2008.
    Overt Act Three- On or about an unknown date in November of2008, the Defendant

    GREGORY OBENDORF directed his employees, to include I-I.T., to combine the "duck field" in a fashion that would intentionally manipulate the corn in the duck field. The Defendant GREGORY OBENDORF directed I-I.T. to open the combine in order to let the corn spill on the ground. This manipulation would cut swaths of corn down as wide at the combine and leave standing corn swaths for manipulation at a later time.
    Overt Act Four- On or about an unknown date in November of 2008 the Defendant GREGORY OBENDORF directed his employees to flood the manipulated corn field after the corn field was manipulated.
    Overt Act Five- On or about an unknown date in November of 2008, and within days after the corn field was manipulated, baited, and flooded, the Defendant GREGORY OBENDORF hunted waterfowl and/or allowed others to hunt the "duck tield" for waterfowl.
    Overt Act Six -Beginning in November 2008, and continuing through January of

    2009, the Defendant GREGORY OBENDORF directed J.K. to drive a four-wheel drive tractor through the flooded "duck field" in order to knock down rows of the standing com in order to place additional corn as bait for the waterfowl. This occurred approximately every two weeks during the duck hunting season.




    INDICTMENT -8





    Ovett Act Seven - On or about an unknown date in November of 2009, the Defendant GREGORY OBENDORF directed his employees, to include H.T., to combine the "duck field" in a fashion that would intentionally manipulate the corn in the duck
    field. The Defendant GREGORY OBENDORF instructed H.T. to open the deck plates and intentionally spill corn onto the duck field. This manipulation would cut swaths of corn down as wide at the combine and leave standing corn swaths for manipulation at a later time.
    Ovet1Act Eight- On or about an unknown date in November of 2009 the Defendant GREGORY OBENDORF directed his employees to flood the manipulated corn field after the corn field was manipulated.
    Overt Act Nine- On or about a date in November 2009, and within days after the corn field was manipulated, baited, and flooded, the Defendant GREGORY OBENDORF htmted waterfowl and/or allowed others to hunt the "duck field" for waterfowl.
    Overt Act Ten-Beginning on or about an unknown date in November 2009, and continuing through January of 20 I 0, the Defendant GREGORY OBENDORF directed J.K. to knock down stalks of corn so that additional bait would be placed in the "duck field." This occurred approximately every two weeks during the duck hunting season.
    Overt Act Eleven- On or about an unknown date in November of2010, the Defendant GREGORY OBENDORF directed his employees to combine the "duck field" in a fashion that would intentionally manipulate the corn in the duck field. This manipulation would cut swaths of corn down as wide at the combine and leave standing corn swaths for manipulation at a later time.




    INDICTMENT -9





    Overt Act Twelve- On or about an unknown date in November of2010 the Defendant GREGORY OBENDORF directed his employees to flood the manipulated corn field after the corn field was manipulated.
    Overt Act Thit1een- On or about an unknown date in November of2010, and within

    days after the corn field was manipulated, baited, and flooded, the Defendant GREGORY OBENDORF hunted waterfowl and/or allowed others to hunt the "duck field" for waterfowl.
    Overt Act Fom1een- Beginning on or about an unknown date in November 2010,

    and continuing through January of2011, the Defendant GREGORY OBENDORF directed J.K. to knock down stalks of corn so that additional bait would be placed in the "duck field." This occmTed approximately every two weeks during the duck hunting season.
    Overt Act Fifteen-On or about an unknown date in November of2011, the Defendant GREGORY OBENDORF directed his employees, to combine the "duck field" in a fashion that \Yould intentionally manipulate the com in the duck field. The Detendant GREGORY OBENDORF instructed his combine operator to open the
    deck plates and intentionally spill corn onto the duck field. This manipulation would cut swaths of corn down as wide at the combine and leave standing corn swaths for manipulation at a later time.
    Overt Act Sixteen- On or about an unknown date in November of2011 the

    Defendant GREGORY OBENDORF directed his employees to flood the manipulated corn field after the corn field was manipulated.






    INDICTMENT - 10





    Ovett Act Seventeen- On or about an unknown date in November of 2011, and within days after the corn field was manipulated, baited, and flooded, the Defendant GREGORY OBENDORF hunted waterfowl and/or allowed others to hunt the "duck field" for waterfowl.
    Overt Act Eighteen-Beginning on or about an unknown date in November 2011, and continuing through January of2012, the Defendant GREGORY OBENDORF directed J.K. to knock down stalks of corn so that additional bait would be placed in the "duck field." This occurred approximately every two weeks during the duck hunting season.
    Overt Act Nineteen- On or about an unknown date in November of2012, the Defendant GREGORY OBENDORF directed his employees, to include A.D., to combine the "duck field" in a fashion that would intentionally manipulate the corn in the duck field. The Defendant GREGORY OBENDORF instructed A.D. to open the deck plates and close the sieves and chaffer, which would allow the corn to get crushed in the front and fall into the field. This manipulation would cut swaths of corn down as wide at the combine and leave standing corn swaths for manipulation at a later time.
    Overt Act Twenty- On or about an unknown date in November of 20 I 2 the

    Defendant GREGORY OBENDORF directed his employees to flood the manipulated corn tield after the corn tield was manipulated.
    Overt Act Twenty-Two- On or about an unknown date in November of2012, and within days after the corn field was manipulated, baited, and flooded, the Defendant
    INDICTMENT - 11
    GREGORY OBENDORF hunted waterfowl and/or allowed others to hunt the "duck field" tor waterfowl.
    Overt Act Twenty-Three- On or about November 2013, the Defendant GREGORY OBENDORF directed A.D. to combine the "duck field" in strips and to open up the deck plates and close the sieves and chaffer, which would allow the corn to get crushed in the front and falJ into the field. A.D. used the Defendant GREG OBENDORF's 9760 STS John Deere combine to manipulate the corn in the field and to place bait in the field.
    Overt Act Twenty-Four- On or about November 2013, the Defendant GREGORY OBENDORF directed his employees to t1ood the "duck field," approximately several days after A.D. was instructed to leave manipulated corn in the field.
    Overt Act Twenty-Five- On or about November 2013, the Defendant GREGORY OBENDORF allowed other individuals to hunt waterfowl in the baited field.
    All in violation of Title 18, United States Code, Section 371.




    COUNT TWO

    Placing Bait for Migratory Game Birds
    16 U.S.C. §§ 704(b)(2) and 707(c)

    On or about November 2013, in the District ofldaho, the defendant, GREGORY OBENDORF, unlawfully placed and directed the placement of bait on and adjacent to an area for the purpose of causing, inducing, and allowing any person to take or attempt to take any
    migratory game bird, that is: mallard (Anas platyrhynchos), pintail (Anas acuta), and wood (Aix

    ponsa) ducks, by the aid of the baiting on and over a baited area; all in violation of the

    Migratory Bird Treaty Act, Title 16, United States Code, Sections 704(b)(2) and 707(c); Title SO

    INDICTMENT - 12





    A TRUE BILL

    WENDY J. OLSON
    UNITED STATES ATTORNEY
    By:
    - -


    Assistant United States Atto ney
     
  3. perch head

    perch head Senior Refuge Member

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  4. WATERDOGS

    WATERDOGS Elite Refuge Member Sponsor

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    Theirs lots of places hunting over flooded corn.
     
  5. WATERDOGS

    WATERDOGS Elite Refuge Member Sponsor

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  6. Goo$e Killer22

    Goo$e Killer22 Refuge Member

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    Just curious how you were able to find this indictment from KS???? It is a pretty serious offense and a lot of us in Idaho who live near here don't even know about this????
     
  7. bagriz

    bagriz New Member

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    I know Greg. He has done a lot of positive things for the ducks in the area as well as harm to the average sportsman, although I believe unintentional. Greg has a duck haven on his place. I don't know why it would benefit him to bait a field when he has every duck from Hwy 20/26 to the Ft. Boise refuge on his place. I used to have great hunting on the lower Boise river back in the early 1990's, but that all changed as Greg developed his duck haven. Ducks no longer were dispersed in the area. Instead, they began to concentrate on Greg's place or on the Ft. Boise refuge. I went from regularly shooting and seeing birds, to going out and not even seeing a duck by 2000. (Unintentional result).
    Greg also hosted youth hunts for kids in the area as well as Wounded Warrior hunts for vets. I have not seen Greg in quite some time, so things and priorities may have changed.
    Sad to think it may have come down to something like this........................................... [​IMG]
     
  8. WATERDOGS

    WATERDOGS Elite Refuge Member Sponsor

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    This isn't something new . I think everyone I know had heard something was going down. Just didn't know if it was true or not. He had plenty of birds without breaking the law. Seems stupid to do that.
     
  9. junkie

    junkie Refuge Member

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    well the feds seem to think it is true
     
  10. WATERDOGS

    WATERDOGS Elite Refuge Member Sponsor

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    It is true
     

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