Two Montana men charged with illegally killing a brown bear

ANCHORAGE, Alaska – A federal grand jury in Alaska returned an indictment charging two men with illegally killing a brown bear on a national wildlife refuge in Alaska, violating the Lacey Act.

According to court documents, between May 9 to May 12, 2022, Richard McAtee, 46, and Arlon Franz, 51, both of Montana, conspired together to possess and transport a brown bear that they illegally killed in the Alaska Peninsula National Wildlife Refuge. McAtee was arrested Wednesday night in Montana.

The indictment alleges that one of the men was a nonresident hunting without a contract with a master guide, and that the bear was shot and killed before the legal season to hunt brown bear had opened and the same day the hunter had been airborne, in violation of state and federal laws. It also alleges the defendants salvaged the hide of the illegally taken brown bear in the field and transported it from the Alaska Peninsula to a local hunting lodge, and from there to Port Moller and then to Anchorage.

The National Wildlife Refuge System consists of federal land set aside by Congress as, “a national network of lands and waters for the conservation, management, and where appropriate, restoration of fish, wildlife, and plant resources and their habitats within the United States for the benefit of the present and future generations of Americans.”

The defendants are charged with one count conspiracy in violation of 18 U.S.C. § 371 and two counts of violating the Lacey Act, 16 U.S.C. §§ 3372(a)(1) and 3373(d)(1)(B). McAtee made his initial court appearance yesterday before the U.S. District Court for the District of Montana. If convicted, they each face up to five years in prison and a $100,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney S. Lane Tucker of the District of Alaska, Senior Federal Wildlife Officer Joshua Macri of the U.S. Fish and Wildlife Service, Alaska Region, and Alaska Wildlife Trooper Colonel Bryan Barlow made the announcement.

The U.S. Fish and Wildlife Service and the Alaska Wildlife Troopers, with assistance from the U.S. Forest Service, are investigating the case.

Assistant U.S. Attorneys James Klugman and William Taylor are prosecuting the case.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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