BARSTOW-Six people face prosecution by federal and state authorities for
illegally capturing nine desert tortoises in May. The tortoises allegedly were
intended as the main course at a Cambodian wedding feast. California Highway
Patrol (CHP) officer Dan Laza discovered the tortoises while ticketing a
caravan of vehicles near Barstow. BLM Chief Ranger Mike Moor from the Barstow
Resource Area and California Department of Fish and Game (CDFG) game warden
Donna Davis were then called to assist him. Moor arrested a 40-year-old
Tacoma, Wash., resident and Cambodian national for violation of the Endangered
Species Act of 1973 and possible violation of the Lacey Act of 1981 (illegal
interstate transport of an endangered species). Moor also cited the other five
adults for unlawful possession of the tortoises and Davis issued them citations
for the illegal joint possession of an endangered species. The poacher was
taken to the Barstow Sheriff's office where he was charged and booked for
violating state and federal laws protecting endangered species. He was released
under a Magistrate's waiver with the understanding that he can be prosecuted
for the federal violations at a later date. Each misdemeanor/felony carries a
maximum fine of $100,000 and/or up to one year in jail. Tortoise poaching is
a serious problem in the Mojave desert, according to Elayn Briggs of the
California Desert District (CDD). Several Cambodians were fined and served jail
time in a similar incident several years ago, she said. Tortoise meat is
considered a delicacy in Cambodia, where tortoises are regularly consumed and
used in folk medicines, as musical instruments, and as wall decorations, says
BLM wildlife biologist Tom Egan. The nine tortoises were turned over to BLM.
Their ages ranged from 9 to 70 years, and most of them were adult females.
Three were marked with individual identification numbers and were part of a
long-term BLM monitoring program in the Stoddard Valley study plot. One of the
marked tortoises had been found repeatedly on the plot since 1979. Egan said
the tortoises were tested for Upper Respiratory Tract Disease (URTD), a disease
that has severely impacted desert tortoise populations during the past few
years.
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To date, five of them have
tested positive and it is doubtful that any will be returned to the wild. Egan
indicated that BLM employees will most likely adopt the tortoises. "We
recognize other cultures have different customs and practices," said CDD
Manager Henri Bisson, "but BLM will aggressively pursue any taking of desert
tortoises and prosecute violators to the maximum extent that the law will
allow." Bisson also commended CHP officer Laza and Game Warden Davis for their
assistance and cooperation. "By working together, all the agencies are
stronger and more effective in monitoring and protecting both public and
private lands and all the species that live on those lands." The desert
tortoise is California's official State Reptile, and is legally protected on
both public and private land by state and federal laws. California listed the
tortoise as a threatened species in 1989. The U.S. Fish & Wildlife Service
first listed the desert tortoise as an endangered species in 1989, and then
revised the listing to threatened in 1990. Under the provisions of the
Endangered Species Act, anyone who "takes" a desert tortoise is subject to
civil and/or criminal penalties. |