Nelson Presley Biggers, 49, of Cleveland, Georgia, and Jere Lee Kimbrel, 51, of Saute Naoche, Georgia, were sentenced today by United States District Judge William C. O’Kelley on charges of unlawfully placing bait for the purpose of taking migratory birds and taking, killing and possessing migratory birds.
“We take very seriously our mission to support our state counterpart wildlife enforcement agencies,” said James Gale, Special Agent in Charge, Southeast Region, U.S. Fish and Wildlife Service Office of Law Enforcement. “We will continue to investigate those who choose to violate state and federal laws. They undermine the proud tradition of fair chase for all hunters.”
Biggers and Kimbrel were both sentenced to two years probation, 50 hours of community service, and loss of migratory bird hunting privileges for one year. Biggers was fine $2,000 and Kimbrel was fined $1,500. Biggers and Kimbrel pleaded guilty to the charges on April 12, 2011.
According to United States Attorney Yates, the charges and other information presented in court: On September 11, 2009, Special Agents of the U.S. Fish & Wildlife Service observed and documented Biggers and Kimbrel baiting a field in Cleveland, GA for the purpose of having a dove shoot. Specifically, agents saw both Biggers and Kimbrel broadcasting wheat on top of the bare ground. The seed lying on top of the bare ground attracted an unusually large number of mourning doves, which flew into the bare field to feed on the seed.
In the early morning of September 18, 2009, Special Agents observed several hunters on the baited field. In addition to the hunters hunting over bait, agents saw several hunters shooting over the daily bag limit, which is fifteen birds (15) birds in one day.
Once the hunters shot their legal daily bag limit, Biggers rode around the field in his utility vehicle and picked the birds up from the hunters, so they could continue to hunt.
Agents then observed Biggers placing the birds in a sack and hiding the sack that contained the birds under a hedge row located next to a house.
Agents took photos of the scene and seized 191 mourning doves that were illegally shot.
The Migratory Bird Treaty Act prohibits hunting migratory game birds on or over a baited area and the area remains off limits to hunting for 10 days after all salt, grain, or other feed has been completely removed. The criminal charge of placement of the bait can result in imprisonment of up to one year, and/or up to $100,000 in fines; the criminal charge of over-hunting can result in imprisonment up to six months and/or up to $15,000 dollars in fines.
This case was investigated by Special Agents of the Fish and Wildlife Service of the Georgia Department of Natural Resources.
Assistant United States Attorney Stephanie Gabay-Smith prosecuted the case.