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Man sentenced for sea otter kills

Actions violated Marine Mammal Protection Act

Posted: January 18, 2013 - 1:07am

A Haida hunter, artist and businessman from Ketchikan was fined $10,000 and ordered to six months of home confinement after admitting to illegally hunting and selling sea otter pelts.

Sherman Roger Alexander, 58, was also ordered to forfeit 144 sea otter pelts and to serve one year of probation after his release from home confinement.

At first, Alexander was hesitant to change his plea to guilty, telling U.S. Magistrate Judge Leslie Longenbaugh during Thursday’s hearing in federal court in Juneau that he was only entering into a plea agreement to ensure that his partner, Ellen Bishop, would not be prosecuted.

He and Bishop founded and operated Soft Gold Furs in Ketchikan, which made hats, mittens, scarves, purses and other clothing and accessories out of seal and sea otter fur. The business has since shut down due to the criminal charges, they said.

When the judge inquired further about the voluntariness of Alexander’s plea, he told her, “No, I’m not guilty. I am guilty of my paperwork was not up to snuff — .”

Alexander’s attorney Brent Cole advised him to stop talking before he could finish, and court recessed for the two to talk. When court reconvened, Alexander pleaded guilty to three misdemeanor counts relating to violating the Marine Mammal Protection Act.

Alexander admitted to failing to tag 87 sea otters that he hunted with an unidentified person, later found out to be an undercover agent of the U.S. Fish and Wildlife Service, between April and May of 2008.

For the take of a marine mammal to be legal, the mammal must be tagged and reported to the U.S. Fish and Wildlife Service.

The parties stipulated that the approximate value of those illegally taken pelts was $30,000.

Alexander also admitted to transporting and giving 14 sea otter skulls, which were taken from the 87 killed sea otters, to the undercover agent.

He also admitted to selling raw hide parts from several sea otters that were taken illegally since they weren’t registered within 30 days and then sold to a person who was not an Alaska Native.

Assistant U.S. Attorney Steven Skrocki, who prosecuted the case, said this case was a result of a lengthy undercover investigation and that the offenses took place over “many, many months.” He told the judge that tagging mammals is important to Fish and Wildlife who need that information to determine how to manage the species population.

Skrocki noted the original plea agreement called for Alexander to serve six months in jail, but he agreed to home confinement when provided medical records that showed Alexander was ill.

Bishop told the judge a different side of the story when she spoke of Alexander’s behalf, saying they were the victims of entrapment.

She said before 13 Fish and Wildlife agents showed up at her door in 2008, they had received multiple requests to engage in illegal activity: a Canadian who wanted them to send sea otter parts to Canada; a man claiming to be Korean and asking for whole sea otter parts; a woman from Tennessee wanting sea otter products.

“The entrapment was so over the top, it’s hard to take in,” she said.

At the time, she dismissed the requests as “odd,” but realized later it was all a part of the Fish and Wildlife investigation into their business.

“Little did we suspect it was the U.S. Fish and Wildlife officials trying to entrap us,” Bishop, a former elementary school teacher, said.

When agents showed up at her house with a search warrant on Oct. 1, 2008, they didn’t inform her what they were searching for, she said. She had to leave for work at the school, asked the principal to get a substitute teacher for her, then went back to the house.

They wouldn’t let her back in, she said, adding that they were there for eight and a half hours, and she watched as they carted boxes from her house, downloaded materials from her computer and took all the furs from the last hunting trip.

Alexander was in the house, and she wanted to tell him that she got him an attorney who advised him not to say anything, but the agents who promised to relay that message to him never did, she said.

“I felt scared, overwhelmed and discouraged,” Bishop told the judge.

She said that Alexander was the one with the idea and the dream for the business, while she provided financial help and business skills.

Before the business got its start in 2003, they consulted U.S. Fish and Wildlife officials in Anchorage about the rules and regulations regarding hunting and selling, she said. She added they even posted the rules and regulations on their website, www.softgoldfurs.com, which they have since taken offline.

The business was awarded a $35,000 grant in the annual Alaska Marketplace competition in 2007 to expand into rural Alaska, including Alexander’s birthplace of Hydaburg, she said. It was also recognized once in a U.S. Fish and Wildlife newsletter, she said.

Bishop said she was humiliated as neighbors watched the “home invasion” and as Alexander became “suspect” in their eyes. She added that she was “dumbstruck” by the amount of effort that went into the investigation, a sentiment that was echoed by Alexander’s attorney.

“It was amazing to me when I looked at the evidence how much effort the government did to try to get him to violate the law,” Cole said, to the prosecutor’s objection.

Bishop admitted that Alexander “dropped the ball” several times, including not tagging or reporting the sea otter kills, and for eventually acquiescing by selling the sea otter goods to the undercover agent, who was posing as a good customer who frequented their shop.

Skrocki pushed back on the notion that this was entrapment, saying that if it was the defense attorney would have filed a motion alleging government misconduct. No such motion or allegation was made by Cole. Skrocki requested an evidentiary hearing if such allegations continued at the sentencing hearing.

Alexander had the support of several leaders of the Southeast Native community attend the hearing, including Robert Loescher, Peter Naoroz and Native Elder John Martin Sr.

Alexander, a former mechanic, said he began the business because a sea otter appeared to him once in a dream. He said he never imagined it would end like this.

“Never in my wildest dreams,” he said.

After hearing from prosecutors and the defense, the judge accepted the plea deal and imposed the sentence in accordance with the agreement.

• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.

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tomas
271
Points
tomas 01/18/13 - 08:04 am
14
6

Don't the spooks have

Don't the spooks have something better to do with their time? How about investigating more government contracting schemes.

skirkz
6719
Points
skirkz 01/18/13 - 08:10 am
14
3

Resident permits...

...by draw or registration should be made available to the general public. Aparently, there is a sustainable population of sea otters that are managed by the state for a select few. Discrimination.

snagger
8488
Points
snagger 01/18/13 - 08:15 am
6
5

Some people...

Got pretty nice hats---I'm stuck with beaver!

me plus-minus
448
Points
me plus-minus 01/18/13 - 08:48 am
11
9

Alexander for

Alexander for president!!

Really, it's criminal that these animals have that kind of protection. Everywhere these animals invade they destroy the habitat so bad that (nearly) nothing else can survive. Funny green peace doesn't get involved for the damage they do. haha

I know, "But they're so cute".....

kpawsuh
10144
Points
kpawsuh 01/18/13 - 09:16 am
8
6

In order to even keep up with

In order to even keep up with the expansion, we would have to increase our existing take ten fold... The protection thay are being given is sorely misplaced!

orionsbow1
656
Points
orionsbow1 01/18/13 - 09:19 am
14
14

Destroying the habitat?

The only destroying of the habitat is by humans. And why does the Empire call this guy an artist and businessman instead of a poacher?
This case gives me two regrets; One is that that the USFW agent waited until they had 87 pelts to bust this guy and second is that he didnt get hard time and a larger fine.

skirkz
6719
Points
skirkz 01/18/13 - 09:36 am
11
5

The agent...

...was an accomplice.

CaptNoah
132
Points
CaptNoah 01/18/13 - 10:05 am
11
8

more federal intrusion

the state has been trying to get the sea otter numbers under control since their population is decimating other species. just another blow to state management rights. amazing so much effort is spent on this which at the end of the day has been helping the environment and providing jobs! they should put this kind of effort into helping the homeless, reforming the education system, fixing foster care, stopping the unborn from being killed and getting our nation off of foreign energy dependency.

payattention
99
Points
payattention 01/18/13 - 12:09 pm
4
4

Kookesh move...

Kookesh move...

Birchwood
380
Points
Birchwood 01/18/13 - 01:05 pm
8
8

Makes me want to puke

How about ten years in jail instead of home confinement. Why do some people always think the law does not apply to them.
I thought we were ALL Alaskans and we ALL tried to do what is right?
Ha Ha Ha. What a poor deluded fool I've been.

Do the Right Thing
602
Points
Do the Right Thing 01/18/13 - 01:08 pm
7
4

either you follow the law or you choose not to

It's that simple. These criminal acts were pure greed and both people made such profit they brought the feds to their own door. These people very willingly complied with whatever the customer asked of them; then cried foul when they didn't get a luxury trip to hawaii out of the deal.

Because Sherman took a miniscule joke sentence to keep this off his partner's criminal record doesn't make him innocent. He already had a criminal record before this.

It's also absurd that Natives can hunt them freely but non-Natives can not...especially given that sea otters were only introduced into SE AK in 1965 so no one can claim any historic cultural association with them. The racism by law in the US never ceases to stun me.

kpawsuh
10144
Points
kpawsuh 01/18/13 - 01:43 pm
10
3

What amazes me is peoples mis

What amazes me is peoples mis understanding of the world. Orion, have you looked into the sea otter issue at all? They are wiping out all crab, shellfish, everything in the areas where they are. The bottom looks like a lunar surface. They leave nothing!

Do right, the were RE-introduced in 65. They were here before. What is happening is we have so messed up the environment, that reintroducing them has royally screwed up the balance. They used to be here in large numbers, but they had predators and environmental control that had evolved over thousands of years. We messed that up, then threw the otters back into the mix and expect everything to balance back out like nothing ever happened. The otter population is growing out of control. We need some sort of regular culling to keep the population in check. I say open regular hunting for everyone.

We should be giving this guy a medal, not probation...

Latitude58
14743
Points
Latitude58 01/18/13 - 02:57 pm
3
5

KP

What "predators and environmental control" are lacking now that were around when they were more widespread?

Alaskastu
1793
Points
Alaskastu 01/18/13 - 03:15 pm
6
9

Libhaterhater You give

Libhaterhater

You give extreme conservatives a bad name. At least calypso has a sense of humor, you just blame everything on people you've imagined are stupider and different then you. Grow up little boy your embarrassing yourself even if you don't realize it.

fromdustreturned
1468
Points
fromdustreturned 01/18/13 - 08:33 pm
1
4

Post-kill distribution

The idea underlying control of distribution and sale of animal/bird parts taken from protected species or species under certain guidelines is to prevent market development that would encourage or result in kill beyond what a given population can sustain. For example, there are so many myths in China regarding health/sexual benefits of body parts from black bears, rhinos and so on that a thriving black market for these animals exists. In the US, bald eagles are much more rare in most of the Lower 48 than here - restrictions on movement or sale of eagle feather and talons are currently intended to hinder the development of a black market that would have an adverse impact the species. So while Native Alaskans can hunt sea otter, it is (I assume, as I've not checked into this issue specifically) assumed that the impact of sea otter kills for traditional uses would be sustainable by the population as a whole. Re-distribution or sale of parts and furs outside of that domain would be restricted to discourage the resurgence of wholesale hunting of the species.

fromdustreturned
1468
Points
fromdustreturned 01/18/13 - 09:03 pm
0
5

Well...

It seems to me that crabs and sea otters and urchins were all here in some degree of dynamic equilibrium before the Russians arrived and majorly skewed the system. If it were true that only one or the other could exist, that situation would have established itself long ago.

It's also true that climate cycles play a large role in biomass aggregates for the Gulf of Alaska and the Bering Sea. The shift between warm and cold regimes shifts biomass between pelagic and benthic species. Those cycles are also in effect in SE, of course, but again, as I've not specifically examined this particular dynamic, I'm unfamiliar with exactly how it's played out.

fromdustreturned
1468
Points
fromdustreturned 01/18/13 - 11:06 pm
2
2

Dude

I was just telling you the reason for post-kill regulations. I didn't write them, and I didn't make any claim for logic or anything else for those regulations.

As for your second part, I just made the observation that if a system trended towards the either-or scenario that LG posited, it would have occurred already. I also said I had not studied the particular system under discussion.

Why are you always looking for a fight? You seem to me to be terribly upset that people might disagree with you, or profoundly offended that people aren't automatically impressed with you. My observation about system dynamics was just an observation, but your response seems a bit disproportionate.

fromdustreturned
1468
Points
fromdustreturned 01/18/13 - 11:37 pm
4
3

JFC...

You were the one who asked about post-kill regs; you said you didn't understand why a legally killed animal was then restricted regarding distribution of parts. Asking the question means you want an answer. Following your question and my answer with "You think we need to be educated to post-kill rationalization? Do we sound unversed on this subject?" implies that you are somewhat bipolar - if you were not unversed, you wouldn't have asked the question. If you can't see that in your own posts, then once again I submit you have poor reading comprehension.

northboy
329
Points
northboy 01/23/13 - 10:00 am
3
1

Otter

Unpublished

skinned out makes great dungy bait. No waste. Also the flesh is pretty good tasting striped out cooked in the oil stove oven with some BBQ sauce. Awesome.

223. or 6mm works well too. Roughy. Hey your know where I can get some real lye for tanning and curing hides? the Tide soap and salt thing just is not doing the job it use to on these pelts anymore?

Thanks for the tip, HB. Old school, love it. Now I can hunt otters "legally" if you will, who is with me!!!!!

fromdustreturned
1468
Points
fromdustreturned 01/19/13 - 08:25 am
2
2

Really?

"If the Government allows only Natives to hunt the sea otter, unrestricted of quota, how is it that can tell the Native people what they get to do with the sea otter parts?"

My original answer was just to outline the reason that the government restricts post-kill distribution, in response to this question you posted. That's all. I didn't justify it, defend, or criticize it - just described it.

But then above, you state that "there is none [post-kill restriction] in the case of sea otter", which contradicts your original post.

fromdustreturned
1468
Points
fromdustreturned 01/19/13 - 12:37 pm
2
2

Bwahahahahahaaaa!!!

Physician, heal thyself.

AK_Jase
245
Points
AK_Jase 01/19/13 - 06:47 pm
4
0

Wikipedia on Alaska Sea-otters

Alaska

"Alaska is the heartland of the sea otter's range. In 1973, the population in Alaska was estimated at between 100,000 and 125,000 animals.[93] By 2006, though, the Alaska population had fallen to an estimated 73,000 animals.[89] A massive decline in sea otter populations in the Aleutian Islands accounts for most of the change; the cause of this decline is not known, although orca predation is suspected.[94] The sea otter population in Prince William Sound was also hit hard by the Exxon Valdez oil spill, which killed thousands of sea otters in 1989."

- I looked at several other reference sources (including NOAA) which seem to support this data. It would appear (that overall) the sea-otter population is still down, except for perhaps, in specific areas.

ages
32
Points
ages 01/20/13 - 08:50 am
3
1

Into the Frey

I read with interest the comment that sea otters have not moved into the Juneau area yet. Well, they have. Mothers and pups have been seen as close as Coughlin Island. They are in the process of decimating the crab and scallop population in Barlow Cove. They are wonderful and cute creatures, but they are a voracious eater and breed like crazy. They have few predators because short of a wonderful thick pelt, there is very little caloric value to them for the major sea predators. They are a predator that needs to be controlled. If not, we will end up like Sitka and other southeast areas, with no shellfish at all. Since man has decided to control wild populations (ie reintroducing sea otters, etc) then man has the responsibility to keep the populations he choses to control in balance.

kpawsuh
10144
Points
kpawsuh 01/22/13 - 08:35 am
2
0

Yep. I heard of one sighted

Yep. I heard of one sighted in Berners Bay. They are a coming. We really dont know what the predators were as we never studied it much when the Russians occupied Alaska. All we know is they used to be here, got wiped out, and we reintroduced em. Could be that the mammal eating orcas got them but have had a shift in diet, or ppulation size. No one has really studied that much either. We do know there are distinct populations of orca that are fish eaters and a different set that are mammal eaters. All I know is that the population of them is exploding. I have talked to several folks who are not kill everything that moves folks, but good logical people who love nature. They said the foul little beasts are destroying everything and they need controlled.

glacierdogs
1404
Points
glacierdogs 01/22/13 - 10:43 am
2
0

Comment

It appears to me that most or all of the people commenting here would favor allowing all Alaskans to harvest sea otters. Managers could determine, after weighing concerns and ideas of user groups, target population levels and the excess could be harvested. That works with other populations so why would it not work for sea otters?

Fish and game management should not be subject to racial restrictions. Racial restrictions amount to racism whether it is in the area of education, fish and game management, housing, or whatever. Hiding under the cover of racial restrictions while sea otters wipe out fisheries that government has spent significant money to generate and grow makes no sense. What will happen is that people will shoot sea otters but be unable to utilize them because of the risk of being apprehended by the federal government.

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