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.
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.
 
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