Ryan B. Walden, 66, of Portage, Wis., was sentenced today to two years of probation--during which he must complete 200 hours of community service--for violating the federal Migratory Bird Treaty Act. Walden will also pay a $500 fine.
On December 10, 2003, Walden, doing business as “Walden’s Wildlife Programs,” pleaded guilty to knowingly possessing migratory birds under inhumane and unhealthful conditions. Walden agreed to abandon all live and dead birds in his possession, and he agreed that he will not possess any migratory birds, or seek a permit to possess any birds, for a period of five years.
U.S. Magistrate Judge Stephen Crocker of the U.S. District Court for the Western District of Wisconsin handed down Walden’s sentence in Madison. Judge Crocker also ordered that if Walden violates the agreement he entered into regarding possessing migratory birds or applying for possession permits, he will pay a $1,000 fine.
On May 17, 2002, federal and state officers executed a search warrant at Walden’s home. At the time, Walden held permits to possess live, permanently injured birds of prey--or raptors-- for use in educational programs. During their search, officers found five live and two dead raptors in Walden’s home. The live birds, a golden eagle, peregrine falcon, two kestrels and a great horned owl, were transported immediately to the University of Wisconsin Veterinary Medical Teaching Hospital in Madison for emergency care. The two kestrels were found to be in very poor physical condition. One kestrel has since died.
The live birds are now in the care of a licensed wildlife rehabilitator. A second kestrel and the great horned owl were successfully returned to the wild. The golden eagle and peregrine falcon will be placed with appropriate rehabilitators for long-term care.
Walden’s Wildlife Programs has sponsored educational programs in a number of Midwestern states, including Illinois, Iowa, Minnesota and Wisconsin.
Possession of migratory birds is regulated by the U.S. Fish and Wildlife Service, under authority of the Migratory Bird Treaty Act. Walden pleaded to a Class B misdemeanor under the act, which carries a maximum penalty of six months imprisonment and a fine of $15,000.
The investigation was conducted by special agents of the Fish and Wildlife Service, with the assistance of conservation wardens from the Wisconsin Department of Natural Resources.
Assistant United States Attorney Timothy O’Shea prosecuted the case for the United States Attorney’s Office.
The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 542 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 81 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also oversees the Federal Aid program, which distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies.
