Proceedings of the Arizona Game and Fish
Commission License Revocation and Civil
Assessment Hearings
Time Certain – 10:00 a.m.
Friday, January 13, 2017
Arizona Game and Fish Department
5000 W. Carefree Highway
Phoenix, Arizona 85086
PRESENT: (Commission)
(Director’s Staff)
Chairman Edward “Pat” Madden
Commissioner James R. Ammons
Commissioner James S. Zieler
Commissioner Eric S. Sparks
Commissioner Kurt R. Davis
Director Larry D. Voyles
Deputy Director Ty E. Gray
Assistant Attorney General Jim Odenkirk
Assistant Attorney General Linda Pollock
Hearings on License Revocations for Violation of Game and Fish Codes and Civil Assessments
for the Illegal Taking and/or Possession of Wildlife
Presenter: Gene Elms, Law Enforcement Branch Chief
Mr. Elms presented the cases below to the Commission. Each of these cases were reviewed and
it was determined that all cases met the criteria established in A.R.S. §17-238, §17-245 §17-314,
§17-340, §17-362, §17-363 and/or §17-502 for Commission action. The Commission and the
respondents were provided with copies of the original court docket and case reports prepared by
the officers along with copies of all other pertinent materials in each of these cases. Each of the
following individuals was legally noticed for this hearing.
Name
Docket #
Count
Michael E. James
2016-0072
Count A:
Scott Goff
2016-0078
Count A:
Michael Haverfield
2017-0001
Count A:
Count A:
Count A:
Count A:
Count C:
Conviction
Citation A06979
Obtain 2008 hunt/fish license by
misrepresentation
Obtain 2014/15 resident hunt/fish
license by misrepresentation
Citation A06848
Obtain 2012 resident hunting license
by misrepresentation
Citation A06849
Obtain 2013 resident hunting license
by misrepresentation
Citation A06850
Obtain 2014 resident hunting license
by misrepresentation
Citation A06856
Obtain 2015 resident hunting/fishing
license by misrepresentation
Citation A06857
Obtain 2015 resident deer tag by
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Count A:
Count A:
Ricardo A. Williams
Dennis R. Davis
2017-0002
2017-0003
Count A:
Count A:
Count B:
Travis A. Armijo
2017-0004
Count A:
Count B:
Oscar A. Cortez-Romero
2017-0005
Count A:
Count B:
Nikolas A. Olivas
2017-0006
Count B:
Robert D. Olivas
2017-0007
Count A:
Gustavo V. Pacheco
2017-0008
Count A:
Billy Phouvong
2017-0009
Count B:
Count C:
January 13, 2017
misrepresentation
Citation A07029
Obtain 2010 resident hunting license
by misrepresentation
Citation A07068
Obtain 2011 hunting license by
misrepresentation
Take over bag limit (Catfish)
Shoot from vehicle
Discharge a firearm within ¼ mile of a
residence or occupied structure
Use other than artificial lure
Possess unlawfully taken Rainbow
Trout
Use other than artificial lure
Possess unlawfully taken Rainbow
Trout
Possess/transport unlawfully taken
mountain lion
Possess/transport unlawfully taken
Mountain Lion
Take Great Horned Owl without a
license
Possess 15 unlawfully taken squirrels
Take wildlife without a valid license
Roll call was taken and the following were present: Michael James, Scott Goff, Michael
Haverfield, Ricardo Williams, Dennis Davis, Travis Armijo, Nikolas Olivas, and Billy
Phouvong.
Mr. Elms stated that the civil assessment process is not intended to be punitive, but is a process
allowing the Commission to recover financial damages to compensate the State for the loss of
any wildlife. Hunter Education requirements are imposed as a remedial measure to increase
knowledge and prevent future violations and not as punishment. The Commission was asked to
consider and take action on the license revocations and/or civil assessments for the individuals
listed above.
Motion: Ammons moved and Zieler seconded THAT THE COMMISSION VOTE TO TAKE
JURISDICTION IN THESE CASES.
Vote: Unanimous
*****
Michael E. James
Docket # 2016-0072
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January 13, 2017
James was found guilty by the Yuma Justice Court for Citation A06979, Count A: Obtain 2008
hunt/fish license by misrepresentation; and sentenced: Fined $496.16 and ordered to pay
restitution of $2,279.50.
James was present and addressed the Commission along with his legal counsel. Mr. James owns
a business in Arizona and in California and owns a home, vehicle and boat registered in Arizona.
His convictions were set aside and the fine and restitution have been paid. Mr. James’ legal
counsel stated that the potential five years license revocation would be egregious and he asked
for leniency.
Commissioner Davis discussed the definition of residency with Mr. James’ legal counsel and
stated that this case is not unique compared to other cases of misrepresentation. A person cannot
claim to be a resident in two states and have resident licenses in two states at the same time.
Case Officer Nemlowill was present via video teleconference and discussed the case evidence
with the Commission.
Motion: Davis moved and Ammons seconded THAT THE LICENSE(S) AND/OR LICENSES
PRIVILEGES OF MICHAEL E. JAMES TO HUNT, FISH AND TRAP IN THE STATE OF
ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF THREE
(3) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF
THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN
THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE
THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT’S
LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO
HUNT IN THIS STATE; AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY
TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT,
CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS
MOTION.
Vote: Unanimous
*****
Scott R. Goff
Docket # 2016-0078
Goff was found guilty by the Desert Ridge Justice Court for Count A: Obtain 2014/2015
resident hunt/fish license by misrepresentation; and sentenced: Fined $200.00 and ordered to
pay restitution of $123.00.
Goff was present and addressed the Commission stating that he didn’t know he couldn’t be a
resident in two states at the same time. When he realized it, he didn’t apply for the 2015 Arizona
license. Mr. Goff apologized for his actions and asked for leniency.
Commissioner Ammons responded to a letter the Commission had received from Mr. Goff and
stated that if Mr. Goff’s license is revoked, he can still go out with others and our youth, even
though he cannot hunt himself, and he can teach them the right way to do things.
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January 13, 2017
Commissioner Davis thanked Mr. Goff for coming in person and for being direct in what
happened.
Case Officer Nemlowill was present via video teleconference.
Commissioner Sparks confirmed with Mr. Goff that he had not applied for any license in
Arizona or any other state since 2014.
Motion: Zieler moved and Sparks seconded THAT THE LICENSE(S) AND/OR LICENSES
PRIVILEGES OF SCOTT R. GOFF TO HUNT, FISH AND TRAP IN THE STATE OF
ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF ONE (1)
YEAR; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS
HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS
CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE
HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT’S
LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO
HUNT IN THIS STATE; AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY
TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT,
CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS
MOTION.
Vote: Unanimous
*****
Michael L. Haverfield
Docket # 2017-0001
Haverfield was found guilty by the Arrowhead Justice Court for Citation A06848, Count A:
Obtain 2012 resident hunting license by misrepresentation; Citation A06849, Count A: Obtain
2013 resident hunting license by misrepresentation; Citation A06850, Count A: Obtain 2014
resident hunting license by misrepresentation; Citation A06856, Count A: Obtain 2015 resident
hunting fishing license by misrepresentation; Citation A06857, Count C: Obtain 2015 resident
deer tag by misrepresentation; Citation A07029, Count A: Obtain 2010 resident hunting license
by misrepresentation; Citation A07068, Count A:
Obtain 2011 hunting license by
misrepresentation; and sentenced: Fined $2,152.50 and ordered to pay restitution of $959.00.
Haverfield was present and addressed the Commission, stating that he grew up in Arizona
hunting with friends and he knew the only way he could afford to hunt here was by obtaining
resident licenses. He stated that what he did was wrong, but he has since taken the hunter
education course and Arizona is now his home. Mr. Haverfield asked for leniency.
Commissioner Zieler confirmed with Mr. Haverfield that after he received notification that his
2015 license was invalid, that Mr. Haverfield applied for resident bonus points. Mr. Haverfield
stated that he didn’t realize at the time that he should have bought a new license. Commissioner
Zieler stated that it appears Mr. Haverfield had complete disregard for the system for residents as
it is set up.
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January 13, 2017
Mr. Haverfield stated he donated his tag for 2015 to charity.
Commissioner Ammons confirmed with Mr. Haverfield that he still had his Oregon and
California driver’s licenses, but that he was currently only carrying his Arizona driver’s license.
Commissioner Davis confirmed with Mr. Haverfield that he was obtaining resident licenses in
three states at the same time over a period of time between 2009 and 2015.
Case Officer Nemlowill was present via video teleconference stating that the donated tag was
received after the date of the hunt and could not be allocated. Also, Mr. Haverfield told Officer
Nemlowill that he didn’t have his Oregon and California license anymore, but several months
later when Mr. Haverfield was arrested on an outstanding warrant, all three licenses were in his
possession and were removed from his possession at that time by the officers.
Motion: Sparks moved and Zieler seconded THAT THE LICENSE(S) AND/OR LICENSES
PRIVILEGES OF MICHAEL L. HAVERFIELD TO HUNT, FISH AND TRAP IN THE
STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD
OF FIVE (5) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE
DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE
ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO
COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE
DEPARTMENT’S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY
OTHER LICENSE TO HUNT IN THIS STATE; AND FURTHER MOVE THAT THE
DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND
ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS
MATTER PURSUANT TO THIS MOTION.
Vote: Unanimous
Commissioner Davis suggested that when the Department comes across evidence that a person is
registered to vote in two states, that reporting it to the states should become standard practice.
*****
Ricardo A. Williams
Docket # 2017-0002
Williams was found guilty by the Manistee Justice Court for Count A: Take over bag limit; and
sentenced: Fined $350.00.
Case Officer Carlson was not present.
Williams was present and addressed the Commission stating that it was his first time fishing. He
was with two friends that didn’t have a license and he took the blame for the fish they caught.
He only caught the limit of four fish and doesn’t think it’s fair that he should pay the price for his
friends. Mr. Williams stated that he would provide the names of his friends if asked by the
Department.
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January 13, 2017
Commissioner Zieler confirmed with Mr. Williams that it was his first time fishing.
Chairman Madden confirmed with Mr. Williams that he paid his fines.
Commissioner Ammons stated that he is going to make a motion that includes taking a hunter
education course and that he recommends Mr. Williams to take his friends with him to the
course.
Motion: Ammons moved and Sparks seconded THAT THE LICENSE(S) AND/OR LICENSES
PRIVILEGES OF RICARDO A. WILLIAMS TO HUNT, FISH AND TRAP IN THE STATE
OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF ONE
(1) YEAR; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF
THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN
THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE
THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT’S
LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO
HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL
DAMAGES OR TO BRING CIVIL ACTION AGAINST RICARDO A. WILLIAMS TO
COLLECT THE AMOUNT OF $500.00 FOR THE LOSS OF TEN (10) CATFISH; AND
FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE
DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND
AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION.
Vote: Unanimous
*****
Dennis R. Davis
Docket # 2017-0003
Davis was found guilty by the Show Low Justice Court for Count A: Shoot from vehicle; and
Count B: Discharge a firearm within ¼ mile of a residence or occupied structure; and sentenced:
Fined $720.00.
Davis was present and addressed the Commission stating that he did not uncomfortable with the
area and the muzzleloader. He did not recognize the homes and when the officer arrived, he
made inaccurate statements, and for that he apologizes. He didn’t shoot towards the homes and
he didn’t know he was that close to the homes. Mr. Davis asked for leniency from the
Commission.
Case Officer Terrill was present and stated that Mr. Davis was deceptive and untruthful in his
interviews and statements.
Commissioner Zieler confirmed with Officer Terrill that Mr. Davis first pleaded guilty, then not
guilty, and then back to guilty.
Mr. Davis apologized for his actions and stated that he did not want to lose his hunting license.
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January 13, 2017
Motion: Madden moved and Ammons seconded THAT THE LICENSE(S) AND/OR
LICENSES PRIVILEGES OF DENNIS R. DAVISTO HUNT, FISH AND TRAP IN THE
STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD
OF FIVE (5) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE
DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE
ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO
COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE
DEPARTMENT’S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY
OTHER LICENSE TO HUNT IN THIS STATE; AND FURTHER MOVE THAT THE
DIRECTOR, AS SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND
ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS
MATTER PURSUANT TO THIS MOTION.
Vote: Unanimous
*****
The cases of Travis A. Armijo and Oscar A. Cortez-Romero are related cases.
Travis A. Armijo
Docket # 2017-0004
Armijo was found guilty by the Round Valley Justice Court for Count A: Use other than
artificial lure; and Count B: Possess unlawfully taken rainbow trout; and sentenced: Fined
$170.65.
Armijo was present and addressed the Commission stating that what he did was wrong and he
has learned a lesson. His favorite thing to do is fish.
Commissioner Ammons suggested that Mr. Armijo and his friends, being as young as they are,
do some volunteer work at and around Becker Lake which is a prize jewel fishing lake.
Motion: Ammons moved and Sparks seconded THAT THE LICENSE(S) AND/OR LICENSES
PRIVILEGES OF TRAVIS A. ARMIJO TO HUNT, FISH AND TRAP IN THE STATE OF
ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF ONE (1)
YEAR; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS
HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS
CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE
HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT’S
LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO
HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL
DAMAGES OR TO BRING CIVIL ACTION AGAINST TRAVIS A. ARMIJO TO COLLECT
THE AMOUNT OF $100.00 FOR THE LOSS OF TWO (2) RAINBOW TROUT; AND
FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE COMMISSION, BE
DIRECTED TO SIGN AND ISSUE A FINDING OF FACT, CONCLUSIONS OF LAW AND
AN ORDER IN THIS MATTER PURSUANT TO THIS MOTION.
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January 13, 2017
Vote: Unanimous
*****
The cases of Travis A. Armijo and Oscar A. Cortez-Romero are related cases.
Oscar A. Cortez-Romero
Docket # 2017-0005
Romero was found guilty by the Round Valley Justice Court for Count A: Use other than
artificial lure; and Count B: Possess unlawfully taken rainbow trout; and sentenced: Fined
$170.65.
Romero was not present.
Motion: Ammons moved and Zieler seconded THAT THE LICENSE(S) AND/OR LICENSES
PRIVILEGES OF OSCAR A. CORTEZ-ROMERO TO HUNT, FISH AND TRAP IN THE
STATE OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD
OF ONE (1) YEAR; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE
DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE
ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO
COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE
DEPARTMENT’S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY
OTHER LICENSE TO HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED
TO COLLECT CIVIL DAMAGES OR TO BRING CIVIL ACTION AGAINST OSCAR A.
CORTEZ-ROMERO TO COLLECT THE AMOUNT OF $100.00 FOR THE LOSS OF TWO
(2) RAINBOW TROUT; AND FURTHER MOVE THAT THE DIRECTOR, AS
SECRETARY TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING
OF FACT, CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO
THIS MOTION.
Vote: Unanimous
*****
The cases of Nikolas A. Olivas and Robert D. Olivas are related cases.
Nikolas A. Olivas
Docket # 2017-0006
Olivas was found guilty by the Kingman/Cerbat Justice Court for Count B: Possess/transport
unlawfully taken mountain lion; sentenced: Fined $300.00.
Olivas was present and addressed the Commission apologizing for his actions and stated that he
tried to make it right by going to Walmart and buying the tag. He asked the Commission for
leniency because he loves to hunt, but he hopes the Commission will at least let him keep his
fishing license.
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January 13, 2017
Case Officer Regan was present via video teleconference from Region III and answered
questions for the Commission. He stated that Mr. Olivas was cooperative and apologized for
what he did.
Commissioner Zieler confirmed with Mr. Olivas that he did not have any prior hunting or fishing
violations.
Motion: Madden moved and Ammons seconded THAT THE LICENSE(S) AND/OR
LICENSES PRIVILEGES OF NIKOLAS A. OLIVAS TO HUNT OR TRAP IN THE STATE
OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF
THREE (3) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE
DATE OF THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE
ORDER IN THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO
COMPLETE THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE
DEPARTMENT’S LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY
OTHER LICENSE TO HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED
TO COLLECT CIVIL DAMAGES OR TO BRING CIVIL ACTION AGAINST NIKOLAS A.
OLIVAS TO COLLECT THE AMOUNT OF $1,500.00 FOR THE LOSS OF ONE (1)
MOUNTAIN LION; AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY
TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT,
CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS
MOTION.
Vote: Unanimous
*****
The cases of Nikolas A. Olivas and Robert D. Olivas are related cases.
Robert D. Olivas
Docket # 2017-0007
Olivas was found guilty by the Kingman/Cerbat Justice Court for Count A: Possess/transport
unlawfully taken mountain lion; sentenced: Fined $246.70.
Olivas was not present.
Case Officer Regan was present via video teleconference in Region III and answered questions
for the Commission. Officer Regan stated that Mr. Olivas was cooperative in the investigation.
Motion: Zieler moved and Ammons seconded THAT THE LICENSE(S) AND/OR LICENSES
PRIVILEGES OF ROBERT D. OLIVAS TO HUNT, FISH AND TRAP IN THE STATE OF
ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF ONE (1)
YEAR; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF THIS
HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN THIS
CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE THE
HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT’S
LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO
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January 13, 2017
HUNT IN THIS STATE; AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY
TO THE COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT,
CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS
MOTION.
Commissioner Sparks clarified that the motion was for Mr. Olivas to be revoked for a period of
one year for holding the lion for a picture and for accompanying Nikolas Olivas to Walmart to
buy a license.
Commissioner Zieler stated that he believes Mr. Olivas is culpable for his participation in the
illegal activity.
Vote: Aye – Madden, Ammons, Zieler, Davis
Nay - Sparks
Passed 4 to 1
*****
Billy A. Phouvong
Docket # 2017-0009
Phouvong was found guilty by the Flagstaff Justice Court for Count B: Possess 15 unlawfully
taken squirrels; and Count C: Take wildlife without a valid license; and sentenced: Fined
$750.00.
Case Officer Adams was not present.
Phouvong was present and addressed the Commission stating that he did not know his license
was previously revoked.
Commissioner Davis discussed with Mr. Phouvong that he was revoked on August 7, 2015 for
taking too many squirrels and now he’s here several months later for the same offense.
The Commission discussed with Mr. Elms that the revocation notice was sent by certified mail
and it was signed for receipt.
Commissioner Davis asked Assistant Attorney Odenkirk if this case would qualify for a ten year
revocation period.
Mr. Odenkirk stated that the Commission could re-notice Mr. Phouvong for a potential ten year
revocation period if desired, but it would require a new hearing date.
Commissioner Davis pointed out for Mr. Phouvong that this is a serious case and the
Commission could revoke for a ten year period.
Motion: Sparks moved and Madden seconded THAT THE LICENSE(S) AND/OR LICENSES
PRIVILEGES OF BILLY A. PHOUVONG TO HUNT, FISH AND TRAP IN THE STATE
OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF FIVE
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January 13, 2017
(5) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF
THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN
THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE
THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT’S
LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO
HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL
DAMAGES OR TO BRING CIVIL ACTION AGAINST BILLY A. PHOUVONG TO
COLLECT THE AMOUNT OF $750.00 FOR THE LOSS OF FIFTEEN (15) SQUIRRELS;
AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE
COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT,
CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS
MOTION.
Vote: Unanimous
*****
Gustavo V. Pacheco
Docket # 2017-0008
Pacheco was found guilty by the Agua Fria Justice Court for Count A: Take great horned owl
without a license; and sentenced: Ordered to pay 3,902.76 to the Liberty Wildlife Rehabilitation
Foundation and restitution of $250.00 to the Arizona Game and Fish Wildlife Theft Prevention
Fund.
Pacheco was not present.
Case Officer Antolik was present and answered questions for the Commission.
Commissioner Zieler confirmed with Mr. Elms that Mr. Pacheco has never had a hunting license.
Motion: Davis moved and Ammons seconded THAT THE LICENSE(S) AND/OR LICENSES
PRIVILEGES OF GUSTAVO V. PACHECO TO HUNT, FISH AND TRAP IN THE STATE
OF ARIZONA BE REVOKED AND HE BE DENIED ANOTHER FOR A PERIOD OF FIVE
(5) YEARS; THAT THE CURRENT LICENSE(S) BE SUSPENDED AS OF THE DATE OF
THIS HEARING, AND THAT IT/THEY BE REVOKED AS OF THE DATE THE ORDER IN
THIS CASE IS SIGNED BY THE DIRECTOR; THAT HE BE REQUIRED TO COMPLETE
THE HUNTER EDUCATION COURSE, AND PROVIDE PROOF TO THE DEPARTMENT’S
LAW ENFORCEMENT BRANCH, BEFORE APPLYING FOR ANY OTHER LICENSE TO
HUNT IN THIS STATE; THAT THE DEPARTMENT BE DIRECTED TO COLLECT CIVIL
DAMAGES OR TO BRING CIVIL ACTION AGAINST GUSTAVO V. PACHECO TO
COLLECT THE AMOUNT OF $250.00 FOR THE LOSS OF ONE (1) GREAT HORNED
OWL; AND FURTHER MOVE THAT THE DIRECTOR, AS SECRETARY TO THE
COMMISSION, BE DIRECTED TO SIGN AND ISSUE A FINDING OF FACT,
CONCLUSIONS OF LAW AND AN ORDER IN THIS MATTER PURSUANT TO THIS
MOTION.
Vote: Unanimous
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January 13, 2017
Commissioner Zieler thanked Officer Antolik for her work on this case and for saving the four
nestlings.
*****
These hearings concluded at 11:57 p.m.
*****