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OH Press x2: Sal keeper gets probation

Sep 08, 2010 11:35 AM

TELEGRAPH-FORUM (Bucyrus, Ohio) 08 September 10 Dave Duncan gets probation; salamander may go back to New York (Dan Clutter)
Bucyrus: A Crestline man is on probation for three years, and the endangered species that was in his possession is temporarily residing at the Columbus Zoo.
Authorities say the hellbender salamander was brought from New York, and they hope to return the creature to its home state for release.
Meanwhile, David Duncan changed his plea last week from not guilty to no contest on two misdemeanor counts of possessing an endangered species and deterring an officer. Duncan, 53, changed his plea during a pretrial hearing Aug. 31 in Crawford County Municipal Court. He received fines of $1,500 plus costs and was placed on three years probation, according to Tom Lavergne of the Ohio Department of Natural Resources.
According to the Nature Conservancy website, the hellbender can be found anywhere from New York state to Alabama, crawling across the bottom of silt-free mountain streams. It is generally nocturnal, spending the day under rocks on the riverbed. Hellbenders can measure 12 to 29 inches. The one in this case seems to be about 50 years old and was carrying eggs, authorities said. It was about two feet long and weighed two pounds.
Jeff Collingwood, Huron County wildlife investigator, said Duncan claimed someone dropped off the salamander on his front porch. He took the hellbender to the Crawford Park District.
Collingwood said the salamander was tagged with a passive integrated transponder, a device within the animal's body, by a biologist from the New York Department of Environmental Protection.
But a spokesman from the New York department said that "we don't do things like that." He suggested the tag may have come from the New York Department of Environmental Conservation.
A call to the New York Department of Environmental Conservation was not returned.
Collingwood said Duncan denied being in New York or knowing anyone from New York.
"However, after searching records, I found that he had been to New York three days prior to coming into possession of the hellbender," Collingwood said.
Collingwood said it wasn't clear whether Duncan captured the animal by himself or had help.
http://www.bucyrustelegraphforum.com/article/20100908/NEWS01/9080321/1002/rss01

TELEGRAPH-FORUM (Bucyrus, Ohio) 19 August 10 Crestline beekeeper in trouble over endangered amphibian (Terricha Bradley)
Crestline: A local beekeeper has a pretrial hearing this month on misdemeanor charges of possessing an endangered amphibian and deterring an investigation by state wildlife officials.
David D. Duncan, 53, of West Bucyrus Street, was scheduled to appear Tuesday in Crawford County Municipal Court in Galion. The Ohio Department of Natural Resources filed a complaint Aug. 10 listing the two first-degree misdemeanor charges.
Jeff Collingwood, an investigator with ODNR District 2, said the investigation started in August 2009 after Duncan was accused of taking a hellbender salamander to the Crawford Park District.
"Duncan came in possession of a hellbender, a clean-water animal close to two feet long and two pounds," Collingwood said. "During the investigation, Dave said someone gave it to him."
Duncan said Wednesday he found the salamander in a bucket of water on his front porch. He said he took it to the park district in an attempt to rescue it.
"I thought they would be able to put it on display because it's a rare animal," Duncan said. "People have taken animals to the (Lowe-Volk Park) in the past."
The first-degree misdemeanor charge carries up to six-months in jail and a possible fine.
Collingwood said the salamander had a tag from a biologist from the New York Department of Environmental Conservation. The animal was tagged in 2003 and is believed to be 50 years old. Collingwood said the animal is endangered, and the population in western New York is decreasing.
"It shows up in Ohio and it leads us to believe it's more than chemical issues or reproductive failure," Collingwood said. "(Duncan) denied any knowledge of where it came from or any contacts in New York and failed to say who gave it to him."
Duncan said he is worried this case will set a precedent that interrupts the livelihoods of amphibian and reptile owners.
"I was not there to harm the animal. I was there to protect the animal," Duncan said. "I'm on the side of the animal."
http://www.bucyrustelegraphforum.com/article/20100819/NEWS01/8190302/Crestline-beekeeper-in-trouble-over-endangered-amphibian

Replies (4)

jscrick Sep 08, 2010 01:51 PM

The Authorities can't anymore get their stories straight than the defendant can.
He actually brought the animal to them. No good deed goes unpunished.
I'll bet a follow-up will show the animal dead within a years time.
Ahh yes. The Sheriff of Nottingham's men are on the ball.
Who's law did he violate, anyway? Ohio's, New York's, Federal?
Sounds like he was prosecuted in Ohio for a misdemeanor that occurred in New York.
jsc
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"As hard as I've tried, just can't NOT do this"
John Crickmer

Calparsoni Sep 08, 2010 04:42 PM

I believe once you remove a protected species across state lines in becomes a violation of the lacey act which is federal. I am sure it does not matter if the violation is a misdemeanor or a felony. Quite honestly he should have kept his mouth shut or just anonymously left it on the doorstep of the facility where he was dropping it off at, or he could have come to florida and dumped off on the fwc during one of their amnesty days and let them figure out what to do with it. (last remark is sarcastic......disclaimer for those not so bright.)

jscrick Sep 08, 2010 05:30 PM

some info:

New York State Eastern Hellbender

Eastern Hellbender Fact Sheet

Eastern Hellbender
Cryptobranchus alleganiensis

link

jsc
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"As hard as I've tried, just can't NOT do this"
John Crickmer

jscrick Sep 08, 2010 08:14 PM

FWS Proposes Hellbenders for CITES Listing
PetHobbyist.com Site Blog

link

jsc
-----
"As hard as I've tried, just can't NOT do this"
John Crickmer

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