San Francisco, CA man pleads guilty to violating Endangered Species Act
January 27th, 2010 - 5:37 pm ICT by BNO NewsSAN FRANCISCO (BNO NEWS) –A San Francisco man on Tuesday pled guilty to violating the Endangered Species Act and making false statements to investigators, prosecutors said.
Luke D. Brugnara, 46, pleaded guilty to four counts of “taking” steelhead trout, a listed threatened species under the Endangered Species Act (ESA, and two counts of making false statements during the course of the investigation.
Brugnara admitted that he intentionally blocked the flow of Little Arthur Creek, a critical habitat, through his private dam in Gilroy, California.
Steelhead, an anadromous species of trout, migrate from freshwater to ocean water and back. They are found in the Pacific Ocean, along the west coast of the continental United States and Alaska. As part of their natural life cycle, they are born in streams, creeks, and rivers and then migrate to the Pacific Ocean where they live up to three years before they migrate back to the same river, creek and stream in which they were born to spawn.
It is critical to the steelheads’ survival that they be able to migrate upstream of the dam on Brugnara’s property to spawn in suitable habitat, the indictment states. The population of steelhead in the Little Arthur Creek, running through Brugnara’s property, is threatened with extinction and is listed under the ESA as a threatened species.
One of the reasons for the decline in steelhead populations is that their access to historic spawning and rearing areas upstream of dams has been blocked.
Brugnara also admitted to making false statements to the California Department of Fish and Game Wardens who interviewed him during the investigation.
“The protection of steelhead and other threatened species is of paramount importance,” a U.S. Attorney said. “We will utilize all available means to preserve such species for future generations.”
The maximum penalty for each False Statement charge is five years and a fine of $250,000, plus restitution if appropriate. The maximum penalty for each count of violating the Endangered Species Act is six months imprisonment, a $25,000 fine, one year supervised release, and a $10 special assessment.
However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines.
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Tags: anadromous species, bno, california department of fish, california department of fish and game, critical habitat, department of fish and game, endangered species act, false statements, fish and game, fish and game wardens, future generations, gilroy california, little arthur creek, maximum penalty, ocean water, private dam, san francisco man, steelhead populations, steelhead trout, suitable habitat