New law makes vandals pay

By Independent Record

Montana state parks, fishing access sites, and wildlife management areas are seeing the benefits of a law passed during the 2009 Montana legislative session that gave more teeth to convictions for vandalism at FWP sites.

House Bill 223 authorized the revocation of hunting, fishing, and trapping privileges upon conviction of criminal mischief or trespassing on Montana Fish, Wildlife and Parks’ properties or criminal trespass while hunting, fishing, or trapping.

The law went into effect one year ago in early April, just in time to apply to widespread vandalism at the Dailey Lake Fishing Access Site in the Paradise Valley. The vandalism included driving over 12 signs, the visitor kiosk, five windscreens surrounding the latrines, and several sections of jackleg fencing, as well as ramming the iron ranger fee-collection box, which was set in one cubic yard of concrete.

Paden Andersen, 21, of Livingston was caught and charged with felony criminal mischief for the vandalism. He was ordered to pay restitution of $7,330 and his hunting, fishing, and trapping privileges were revoked for a minimum of 24 months or until restitution is paid in full. It ultimately cost FWP about $10,000 to replace the signs, kiosk, fencing, and windscreens, and to reset the fee collection box.

In another case, on Dec. 26, 2009, Chase Glueckert of Helena left his vehicle overnight in a day-use only area at Spring Meadow Lake State Park in Helena. The security guard with the company that locks the gates nightly tried unsuccessfully to locate the car’s owner, recorded the vehicle’s license plate number, and locked the gate. Glueckert, 18, returned later to find the gate locked, so he drove through a fence to get out of the lot.

After game wardens caught up with Glueckert, he admitted to driving through the fence and was convicted of criminal mischief. He paid a fine of $335 and restitution of $250 to replace the damaged fence, and his hunting, fishing, and trapping privileges were revoked for 24 months.

More recently, on March 27, Helena game wardens received a tip that campers at Black Sandy State Park on Hauser Reservoir north of Helena were attempting to hill climb with a vehicle, damaging vegetation on the steep hillside. Although the violators had left the site, wardens caught up with Jonathan McCausland, 29, of Manhattan, who was charged with criminal mischief and pleaded guilty. He was fined $135 and his hunting, fishing, and trapping privileges were revoked for 24 months. The site will require recontouring, regrading and revegetation.

The law also was used in an Aug. 24, 2009, incident at the Greycliff Fishing Access Site on the Madison River. John Andrew Whitney, 20, of Bozeman shot up and destroyed a metal latrine door at the site, and was later fined $200 and ordered to pay restitution of $550 to replace the door. His hunting, fishing, and trapping privileges were revoked for 24 months.

“Unfortunately, these crimes are becoming more common and replacing or repairing damaged public property costs FWP, and therefore Montana sportsmen and women, tens of thousands of dollars each year,” said Regional Warden Captain Sam Sheppard. “I hope this makes someone think twice about destroying public property and the consequences of losing hunting, fishing, and trapping privileges.”

Anyone who witnesses a natural resource crime or has information about a crime is encouraged to call TIP MONT, a toll-free hotline at 1-800-TIP-MONT (1-800-847-6668). Callers can remain anonymous or confidential and may be eligible for a reward upon conviction of the individual(s) responsible for the crime.

For more information about TIP MONT visit http://fwp.mt.gov/enforcement/tipmont