Running head: POACHERS VS.

THE UNITED STATES LAW 1

Poachers vs. the United States Law

Gabrielle E. Fussell

Legal Studies Academy

POACHERS VS. THE UNITED STATES LAW 2

Abstract

This research paper is about the poaching epidemic in the United States. It describes how

poaching is conducted and seen within the nation, and how it goes unnoticed in law unless it is

committed on a large scale. The introduction contains information relating to how poaching has

already affected the United States, as well as defines necessary terms that will be relevant to the

paper. The mid-section of the paper contains different types of poaching, and how poaching

affects the world and environment. Legislation, pending and passed, is discussed in the paper as

well. Mentioning legislation is important to this paper because such laws are exactly what are

being challenged by people who decide to poach. The paper closes with why and how the

government and the public should push legislation and education to reduce the effects of

poaching on the natural environment.

POACHERS VS. THE UNITED STATES LAW 3

Poachers vs. the United States Law

Currently, there are only an estimated amount of 200 individual elk in Virginia (A

Growing Elk Herd in Virginia, 2016). Most would be surprised that there are elk in Virginia, or

would expect there to be more. The elk being referred to are the ones being reintroduced into

Virginia for the ecological benefit of the state (VDGIF, 2017). However, they are in grave

danger right now. Even though the hunting of these animals is highly regulated, it is unfortunate

that their lives are taken by people with malicious intent. Elk are a dear prize to poachers looking

for an extra rack of antlers, and the small amount of elk in Virginia are no exception to that

description. The illegal hunting of these animals is dangerous, not just for them, but for

everything and one around them. The atrocities don’t stop with elk. All across the nation, there

are animals being poached for one of the many reasons that are used to excuse the poaching of

animals (Fesolovich, 2016), and it’s the United States’ job to stop them.

Poaching is defined as as “the illegal hunting, killing, capturing or taking of wildlife

violating local or international wildlife conservation laws” (Legal, Inc., n.d.). To poach

something means to kill or otherwise detain an animal for commercial or non-commercial

use/sale. Poaching first became a crime in England, sometime during the 1800s. Landowners

were beginning to become upset with travelers hunting on their land. To prevent people from

killing the animals that lived on their land, nobles and landowners made it a law that hunting on

someone else’s land was illegal. It also became illegal to detain and sell wild animals in the

Middle Ages. However, the sale of live and dead wild animals was commonplace in the black

market (Shadow, 2008).

Importing is also commonly associated with poaching. Importing is to bring something

into a country, whether illegally or legally, that is being brought in for a commercial use
POACHERS VS. THE UNITED STATES LAW 4

(TheLawDictionary, 2013). Any wild animal or animal product can be imported from country to

country. Some animal products imported to and from the United States are pelts, ivory, bile,

urine, and bones of animals. Live animals are also smuggled out of the United States from

neighboring countries like Mexico. These animals include parrots, small mammals, and even

reptiles (Deines, 2017).

To be able to stop the poaching epidemic in the United States, the government must take

a methodical and public-based approach. The issue of poaching hurts everyone, not just the

animals directly involved, and should not be a party-based issue or a niche issue. Politicians and

the public alike should make sure the country is doing whatever it can to reduce poaching within

our borders, for the sake of the generations of humans and animals to come.

Overview of Poaching

The poaching trade is the third largest black market trade in the world, preceded by the

gun and drug trades. The United States is one of the leading participants of the black market

wildlife poaching trade. It falls behind China in having the most participation in the wildlife

trade, including dead and live animals (Good, 2014). More often than not, poachers and

importers contributing to the trade commit more than one crime whilst poaching. These crimes

can include the illegal use and ownership of firearms, and even identity theft. Poachers will go

through any means to get any animal, including sea animals and native waterfowl such as geese

and ducks. Common animals products bought and sold in the United States are bear paws, furs

and bile, shark fins, deer antlers, heads and hooves, and fur bearing animal pelts.

The Hunt

There are many different types of poaching. Poachers’ methods will vary from different

things including location and what resources they have available to hunt with. For example,
POACHERS VS. THE UNITED STATES LAW 5

many poachers use dogs in their hunt for the purpose of finding an animal rather quickly. Other

poachers prefer to wait in an area during the night and shine lights in fields and search for

animals to shoot. There are also different categories of poaching, meaning different methods can

go hand in hand during a singular hunt. For example, hunting in a vehicle and spotlighting a field

are both illegal, and they are often done at the same time. Examples of poaching include

spotlighting, hunting from a public road, hunting with dogs on Sundays, transporting or owning

wild animal products across state borders, hunting without a license and hunting an animal out of

season. The types listed are just a small percentage of the ways poachers do their bidding.

Spotlighting

Spotlighting animals is one of the most common types of poaching. It is usually done to

hunt deer at night. Spotlighting includes the shining of a spotlight on an area to reflect the eyes

or body of any animal in said spot. After the animals are spotted, the poacher will shoot the

animal and harvest it (EndeavorNews, 2009). This act is condemned by the government of

Virginia and is illegal to do before and after legal shooting light (30 minutes before and after

sunset), when it is most common. In fact, Virginia State Law Code § 29.1-523.1 describes that the

use of special weapon sights that allow the hunter to see in the dark is prohibited. It also

prohibits the use of lights to spot animals in the night (law.lis.virginia, n.d.). Spotlighting is seen

as unfair to many legal hunters, and it also causes a strain on the population of animals being

hunted.

Illegal Use of Dogs

It has been a tradition to use dogs to hunt different animals for centuries. Since the

hunting dogs of the Native Americans, dogs have accompanied humans on their hunts, and track

and kill prey. As hunting with dogs became popular, laws were created to begin regulating the
POACHERS VS. THE UNITED STATES LAW 6

activity. Now, the state of Virginia has many laws regulating the hunting with dogs, including

Code 4VAC15-70-40. Code 4VAC15-70-40 describes that the hunting of bobcats with dogs

within the parameters of certain counties during the whitetail deer season is prohibited

(law.lis.virginia, n.d.). This law is very important to Virginians because it regulates the

protection of bobcats in Virginia, the only wild cat species in Virginia. There are many more

guides and laws regulating the use of dogs while hunting, which can all be found on the Virginia

Department of Game and Inland Fisheries (or VDGIF) website. Hunting with dogs becomes

poaching when it is done on Sunday, or when dogs are sent out on animals during archery season

(VDGIF, n.d.). Although it is a very brutal practise, poaching with dogs is very popular. In one

case, a party of poachers used dogs to track and fatally maim bear and wild cats. The party used

the dogs to hunt on land that did not belong to them, and the dogs were allowed to kill animals

illegal to kill with dogs (Bolduc, 2017).

Hunting from a Roadway

The act of shooting from or across a roadway is prohibited by most states. According to

the VDGIF website, it is illegal to “discharge a firearm or archery tackle in or across or

within the right-of-way of any public road” (Griffin, n.d.). This law is in place to prevent the

harm of pedestrians, drivers, etc. It also serves to keep vehicles from being damaged by passing

bullets or bolts. Killing an animal from or across a roadway is dangerous because it puts more

than the animal in harm’s way. Discharging a weapon on or across a roadway could endanger the

life and property of surrounding citizens. Bullets and archery tackle could hit people or objects

directly and do immense damage, or ricochet off of the road or the surrounding environment and

cause severe injury. When shooting across or on a roadway, a bullet could ricochet off of many
POACHERS VS. THE UNITED STATES LAW 7

different things. The asphalt, signs, cars, other vehicles, and even the natural ground are all

things bullets or archery tackle could ricochet from (Fitchett, 2017).

Hunting Out of Season

Each game animal has its own respective season for hunting which may overlap or

intertwine. Seasons are when the animal is allowed to be hunted. For example, deer

season in Virginia started on October 7th this year and will end on January 6th (VDGIF,

n.d.). Seasons help animals by giving them periods of time where their populations cannot be

depleted. Seasons often end when the animals’ give birth during early spring and late summer.

These periods of time allow the animals to recuperate from the damage done to the population by

legal hunters, as well as grow their young without the threat of hunters. The hunting of a non-

nuisance species out of its season is specifically prohibited by Virginia Code § 29.1-512

(law.lis.virginia, n.d.). Hunting an animal out of its season may result in the declining of the

population, and the upsetting of the food chain (Ridge, 2017). This would not be true if only one

animal were poached; however, it seems that even one poacher can do a multitude of damage to

the environment.

Hunting Without a License

To be able to hunt in Virginia, one must first acquire a license. Licenses are required for

tagging animals that people have killed, which is a mandatory process a hunter must

complete after killing an animal. Hunting without a license means hunters will not be able

to tag an animal, which is illegal (Jaquith, 2013). Animals hunted without a license or permit

which are not tagged will not go towards the population counts etc. that the game and inland

fisheries department conduct, which leads to misinformation being released regarding the animal

populations. This is dangerous because misinformation can lead to the unintentional destruction
POACHERS VS. THE UNITED STATES LAW 8

of our wild animal populations and their surrounding habitats. Obtaining a Virginia hunting

license is a very easy process, and it is unfathomable why some people don’t do it. To get a

hunting license hunters must go to an eight hour class to learn about hunter safety and

regulations (VDGIF, n.d.). With hunting licenses hunters can hunt small game, birds, and large

game. There are even licenses that are weapon specific, such as the muzzleloader license

(VDGIF, n.d.), which allow people to hunt animals with certain weapons.

Selling Animals and Animal Products

Selling animals, dead or alive, is illegal in most states without a permit. In Virginia, one

must acquire a permit before selling things like fur (VDGIF, n.d.), or small mammals (VDGIF,

n.d.). The transportation of animals and animal products across state borders is regulated by the

federal and respective state(s) government. This is to prevent the spread of zoonotic diseases

across the United States, and keep animals and humans safe from threat (AVMA, n.d.). It’s also

illegal to sell or possess endangered animal products. Laws vary from state-to-state; however, it

is set in stone that any animal endangered in a specific state cannot be captured or sold (dead or

alive) across or within state borders (Lupa, 2017). In Virginia, the selling of wild game is illegal

unless the product is being sold by a licensed professional, or the product of the animal is going

to nonprofits that feed the underprivileged (VDGIF, n.d.).

Respective National Law

The beginning of movement to protect the environment sparked the regulation of hunting

and poaching laws that we see today. The man credited with solidifying laws to protect the

environment was Theodore Roosevelt (NPS, 2017). During his presidency he established many

national parks and did not fail to recognize the importance of species diversity within the United

States (NPS, 2017). Since he respected the environment, the vast majority of the country began
POACHERS VS. THE UNITED STATES LAW 9

to as well. However, there were those who didn’t see eye-to-eye with Roosevelt’s more liberal

views on the environment. The continued destruction of our species led to the creation of the

Lacey Act, and more recently; the pending WILD Act.

The Lacey Act

The Lacey Act was passed in 1900, one year before Roosevelt’s presidency began, and

made a tremendous step in conservation of our natural wildlife. It prohibits the sale and

transportation of animal products in the United States. It also regulates the protection of certain

wildlife species, and bans the introduction of possibly invasive species into the United States

(Webmaster, 2014). The Lacey Act contributes to the war on poaching because it stops importers

from bringing their product into the United States. This is important because an importer’s

product could endanger the ecosystem. For example, without the Lacey Act, an importer could

bring a live endangered animal to the United States. If that animal carried a disease that native

animals have not been exposed to, then if it interacts with a native animal there could be a

pandemic amongst America’s animal species. This could result in result in a multitude of

casualties of keystone species, and even humans. The Lacey Act was intended to protect the

natural environment, but it does a lot more than that. This act also prevents the spread of

zoonotic disease through illegally imported animals. If importers are not able to bring their

animals into the United States, then the risk of spreadable zoonotic disease decreases. An

example of this could be taken from human history. When the settlers of Jamestown came to the

“New World,” they managed to spread disease to Native Americans and eradicate many of them.

The same thing could, and has happened in the past. By preventing the importation of

endangered and possibly sick animals, the Lacey Act protects the United States’ natural

environment, and subsequently, the american people.

POACHERS VS. THE UNITED STATES LAW 10

The W.I.L.D Act

The WILD Act, or “Wildlife Innovation and Longevity Driver Act” is a pending piece of

legislation that will change the way the public views turning in poachers for the better. It’s been

approved of within the Senate since June of 2017 (Govtrack, 2017), and is hoped to be passed in

the House as soon as possible. Overall, this act creates a scenario where the Partners for Fish and

Wildlife Program would be reinstated and monetary rewards would be given to those who make

gallant efforts to reduce poaching and and activities that can potentially destroy the environment.

The act has a clever way of using monetary incentives to encourage citizens who have witnessed

or heard of a wildlife violation to report said violation as quickly as possible (Govtrack, 2017). In

partnership with monetary incentives, a prize will also be awarded to those who display a great

amount of tenacity and dedication in the efforts to reduce poaching and wildlife trafficking. This

prize, called the Theodore Roosevelt Genius Prize, explicitly states its purpose as,

“to encourage technological innovation with the potential to advance the mission of the

United States Fish and Wildlife Service with respect to the prevention of wildlife

poaching and trafficking; and… to award 1 or more prizes annually for a technological

advancement that prevents wildlife poaching and trafficking” (Govtrack, 2017).

This act is an amazing stride in the federal government taking solid action against

poaching by utilizing the public and as many resources as possible.

Respective Virginia Departments

Since poaching is not a national issue, it has been up to the states to craft their own laws

on the topic. This is beneficial because not every state has the same wildlife, and the climates of

some states are extremely different. It makes sense to have diverse poaching laws in the United

States because the United States is diverse in its wildlife and resources poachers can use to
POACHERS VS. THE UNITED STATES LAW 11

poach. For example, killing a shark and harvesting its dorsal fin is illegal in some states along the

east and west coast, and applying this law to the midwestern states that do not have sharks in

their wilderness would be unnecessary.

Virginia’s poaching laws follow federal guidelines, but there are also laws unique to

Virginia that aim to reduce the unfortunately frequent poaching occurrences. Virginia has laws

regarding the use of specific weapons, animals that can be hunted, and even the type of apparel

hunters should wear while hunting during certain times of the year. All of these laws are

enforced by the game wardens of Virginia, and the Virginia Department of Game and Inland

Fisheries, or VDGIF.

Virginia Department of Game and Inland Fisheries

The Virginia Department of Game and Inland Fisheries (VDGIF) is described as the

department of the Virginia state government responsible for maintaining the wildlife of the state

and regulate recreational activities such as hunting and boating (VDGIF, n.d.). Their vision

statement is as states, “Leading wildlife conservation and inspiring people to value the outdoors

and their role in nature” (VDGIF, n.d.). This statement proves their appreciation for the natural

environment of Virginia, and shows their dedication to end poaching and other heinous activities

dealing with the state’s environment. VDGIF plays an important role in the conservation of the

state’s natural species by regulating hunting and fishing laws, and making it their duty to hold

people who break those laws accountable for their crimes. VDGIF has multiple amazing

resources for the public and hunter to utilize. These resources can be found on their app or on

their website, and include the time for sunrise and sunset, hunting and fishing laws, season dates,

and even have information on the wildlife of Virginia (VDGIF, n.d.). The secondary department

within the local VDGIF departments are home to the warriors of the war against poaching within
POACHERS VS. THE UNITED STATES LAW 12

the state: the conservation police. The conservation police provide a range of services to the

public and the natural environment, including patrolling for anything illegal that may hurt

wildlife, educating citizens about the environment and how it may be protected, and leading

investigations of poaching cases (VDGIF, n.d.). They also take calls from the public regarding

injured or orphaned wildlife, poaching law violations, and provide services to eradicate nuisance

animals from urban and suburban areas (VDGIF, n.d.). All of these jobs are very important for

the conservation of a state’s natural environment, and should not go unnoticed by the public. The

department and its agents are doing a service that takes skill and patience (VDGIF, n.d.), and

provide the state with a healthy environment.

Wildlife Violations Within the United States

Nelson Drummond

Nelson Drummond was a Virginia Buchanan County citizen who enjoyed partaking in

recreational hunting of many different game animals. Unfortunately, Drummond extended his

hunting to out-of-season, and killed many animals illegally. His bags included three whitetail

deer, four Virginia elk, one black bear, and one bobcat. All of these animals were killed illegally

by Drummond, and he even recorded himself killing some of them. There are multiple photos

and videos of him killing, posing with, and disposing of the carcasses he mutilated. One video

depicted Drummond disposing of a deer carcass with a missing head by throwing it off of

Conway Bridge onto a roadway, laughing while he committed this crime. The elk Drummond

killed belonged to a small Buchanan herd, which was maintained by public donations,

sponsorships from local businesses, and the Southwest Virginia Elk Foundation. When

sentenced, it was noted in court that the judge described his crimes as ‘cruel’ and stated, “there is

no reason to kill animals in that nature.” The judge’s statement shows that the wrongful killing of
POACHERS VS. THE UNITED STATES LAW 13

an animal for unethical recreational gain is morally and legally reprehensible. Drummond

received a just sentence of seven years in jail, the loss of his hunting license for five years

following his release, and a fine of $25,000 for the damages caused to the animals and the public

(Staff, 2017).

Oregon Hunt Club Massacre

This ongoing case involves an illegitimate hunt club using illegal methods to kill bears,

deer, elk, and wild cats in Oregon. The now-disbanded hunt club consisted of approximately six

adults, and at least one minor that participated in one or more hunts. The adults being charged in

this case are Joseph Dills, William Haynes, Erik Martin, Aubri Mckeena, Eddy Dills, and Bryan

Tetriak. The preferred method of ‘hunting’ the poachers was brutal, and the group managed to

kill over one-hundred animals before being caught by police. The group’s downfall was the

release of videos that had been taken by group members to commemorate their hunts. Most

animals were killed illegally with the help of dogs, as shown in the videos. The hunters would

send a pack of hounds out to track animals, then would let the dog maim or fatally injure the

targeted animals for long periods of time before attempting to shoot the game. In one of their

videos, there is a wild cat being attacked by dogs and shot multiple times by one of the hunters.

The atrocities these poachers committed went further than how the animals were killed. They

also exhibited a disrespect for the animals in death. Carcasses were left to rot, undressed (their

meat had not been taken) with missing body parts, right where they had been unethically killed.

In court it was regarded that the poachers “just wanted to see things die,” meaning there was no

reasonable gain for killing these animals (Bolduc, 2017).

Effects of Poaching
POACHERS VS. THE UNITED STATES LAW 14

Most of the general population sees poaching as an atrocity, but little is being done to

prevent it. That is because people are not aware of how dangerous poaching is, on humans and

the environment. If the poaching of United States species continues, the ecosystem and human

health could be at a greater risk than they are now. The dangers of poaching have been linked to

the spread of zoonotic diseases from poached animals to humans (Good, 2014). These diseases

include SARS and Ebola, two extremely dangerous diseases for humans to contract. Poaching

can negatively affect our ecosystem because of the many threats it poses to the destruction of our

natural species (Ridge, 2017). For example, if a species like the whitetail deer were to be hunted

and poached to extinction in a small county where they are only a few but are considered a

keystone species, the ecosystem and natural wildlife of that county could go into turmoil. In

specific areas, the destruction of a keystone species due to human interference could result in the

disruption of the food chain of that area, causing animal populations to fluctuate erratically

(Good, 2014). The crime also hurts communities. Such is seen when a large buck was poached in

a small town in the United States. Citizens reported seeing the well-racked buck on their game

cameras, and had been trying to hunt it down for years. However, their spirits were crushed when

the animal was found, headless and killed during the off-season by an unknown poacher (Lovett,

2016).

What to Do Now

With all of this information, the people of the United States need to do something about

the poaching epidemic the country is facing. The eradication or severe reduction of poaching will

improve the overall health of society’s ecosystems and the federal government needs to take

action in efforts to stop it. By passing legislation that encourages the public to take a stance and

establishes heavy punishments for poaching, people will be less determined to take a game
POACHERS VS. THE UNITED STATES LAW 15

animal illegally. It must be recognized that this will not completely stop poaching. Much like the

drug and weapon trade, it will most likely always continue. There may be efforts made to reduce

it significantly though. With legislation, the education of the public, more funding to wildlife

departments, and heavier punishments for poaching, poaching may decrease in a significant

manor within the United States. Legislation that may be passed could strengthen state and local

laws, and prevent poachers from finding possible loopholes within the laws they aim to break.

Educating the public is key in these situations as well. If the public knows the suffering of the

environment, then they are more likely to take action to protect it instead of further degrading it.

Spreading awareness about poaching could also lead to more people reporting wildlife violations

to their local wildlife department. For example, if someone knew a hunter who had intentionally

gone out to shoot a deer during the off-season, then that person would be more likely to report

the hunter if they’d known the impact on the environment that hunter has. More funding to local

wildlife departments is also important so the departments may send out more officers with better

resources to catch poachers. Wildlife departments, such as VDGIF, need more funding for

resources such as trained tracking dogs used for tracking poachers, better vehicles that can

withstand driving on abnormal terrain; such as a bumpy field, traps for poachers that include

using taxidermied animals as bait for poachers, and a higher salary for officers that devote their

time to patrolling during late hours of the night when poacher are most likely spotlighting. All of

these resources will better our wildlife departments and make it harder for people to poach, and

easier to catch poachers. In the end, people need to understand the dangers of poaching on the

environment and even humans as well. If poaching is decreased on a large scale in the United

States, other countries will follow by passing their own legislation to reduce poaching of their

own native species, and begin to educate the public more on the issue. It is important, as the
POACHERS VS. THE UNITED STATES LAW 16

leaders of the free world, for the United States to make an example of themselves and greatly

reduce the crime of poaching within its borders to encourage others to do the same.

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POACHERS VS. THE UNITED STATES LAW 17

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POACHERS VS. THE UNITED STATES LAW 18

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POACHERS VS. THE UNITED STATES LAW 19

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