For those who remeber the mussel poaching thing this summer..  here is some
good news.. but its still not enough.. I say bankrupt the *#&$^#*'s
Oh yeah don't forget the AP still doesnt know the difference between a clam
and a mussel
 
(wow 2 postings within 24 hours.. don't get used to it)
Sarah
 
Seven Sentenced in Clam Poaching Operation
 
     FORT SNELLING, Minn.--(BUSINESS WIRE)--Jan. 29, 1999--
 
     Over $380,000 levied in fines and restitution
 
     A five-year joint investigation by state and federal wildlife agents into
illegal clamming activities in the Midwest ended today with the sentencing of
two Mississippi Valley Shell Company (MVS) officials of Muscatine, Iowa, and
five other defendants. Fines and restitution charges levied against the
defendants totaled more than $380,000. In addition, two defendants were
sentenced to jail terms, two received lifetime prohibitions against clamming,
and all were placed on probation.
 
     Included in the sentencing for their part in the illegal harvest and
interstate transportation and sale of freshwater mussels were Darwin Lee
"Butch" Ballenger, 59, President of the Mississippi Valley Shell Company;
Cheryl Roate Ballenger, 4l, Vice President of the Mississippi Valley Shell
Company; Craig Smith, 31, Erie, Illinois; Terry Althiser, 48, Hilledale,
Illinois; Jeremie Cooper, 24, Patch Grove, Wisconsin; Harry Schultz, 40,
Muscatine, Iowa; and Greg Meyers, 36, Brownsville, Minnesota. An eighth
defendant, Don Vizzini, 39, of Gold Hill, Oregon, is currently awaiting
sentencing in February.
 
     Cooper was sentenced to a jail term of eight months, and Darwin Ballenger
a sentence of 24 months. A total of $257,500 was assessed in fines, and
$126,000 in restitution. The largest fine, of $250,000, was assessed against
the Mississippi Valley Shell company. All defendants were also placed on
probation for terms of two to five years. Meyers and Althiser received
lifetime prohibitions against future clamming activities.
 
     The convictions are the result of an investigation which began in the
spring of 1995 when Illinois wildlife authorities received information about
the unlawful take of freshwater mussels from the Rock River. A subsequent
joint investigation by state and federal agents in Illinois, Iowa, and
Wisconsin revealed freshwater mussels from the Rock River in Illinois and
other closed waters in Wisconsin, Minnesota, North Dakota, Michigan, and Ohio
were being taken in violation of state and federal laws. The mussels were then
sold to MVS, formerly the second largest shell buying/exporting company in the
United States, and then exported to Japan for use in the cultured pearl
industry.
 
     The Federal Lacey Act prohibits interstate commerce in wildlife protected
under state or federal law.
 
     A Federal Grand Jury, convening in Des Moines, had indicted the
defendants on a total of 72 felony violations of the Lacey Act in April 1998.
These counts included a total value of mussels exceeding $1 million dollars.
Special Assistant United States Attorney Jeff Lang led the prosecution team.
 
     Freshwater mussels are among the most endangered species of animals in
North America. Of the approximately 300 species of known mussels, 30 are
already extinct and another 70 are either threatened or endangered.
 
     The U.S. Fish and Wildlife Service is the principal federal agency
responsible for conserving, protecting, and enhancing fish and wildlife and
their habitats for the continuing benefit of the American people. The Service
manages the 93-million-acre National Wildlife Refuge System comprising more
than 500 national wildlife refuges, thousands of small wetlands, and other
special management areas. It also operates 66 national fish hatcheries and 78
ecological services field stations.
 
     The agency enforces federal wildlife laws, administers the Endangered
Species Act, manages migratory bird populations, restores nationally
significant fisheries, conserves and restores wildlife habitat such as
wetlands, and helps foreign governments with their conservation efforts. It
also oversees the Federal Aid program that distributes hundreds of millions of
dollars in excise taxes on fishing and hunting equipment to state wildlife
agencies. For further information about the programs and activities of the
U.S. Fish and Wildlife Service in the Great Lakes-Big Rivers Region, please
visit our home page at: http://www.fws.gov/r3pao/
 
CONTACT:
 
Dan Sobieck, External Affairs 612/713-5403
 
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or
 
Walt Kocal, Special Agent 515/284-4125