Eagle Point, OR – Gary West, Jr., 42, of Lake Creek, Oregon, has been sentenced to three years of probation and ordered to restore damaged habitat after pleading guilty to federal charges of violating the Clean Water Act and the Endangered Species Act. The case, a first of its kind in Oregon, centers around West’s unauthorized alteration of the South Fork Little Butte Creek in October and November of 2007.
According to court documents, West used a bulldozer to construct a berm – a raised barrier – diverting the creek’s natural flow into a newly dug channel. This action not only violated federal regulations requiring permits for in-stream work but also directly impacted the spawning grounds of the Southern Oregon/Northern California Coast (SONCC) coho salmon, a threatened species. The alteration effectively “took” coho salmon redds – nests containing eggs – disrupting their critical spawning cycle.
Federal prosecutors argued that West knowingly disregarded the ecological impact of his actions. The SONCC coho salmon population is particularly vulnerable, relying on the South Fork Little Butte Creek as a vital breeding ground. The disruption caused by the berm threatened the survival of this already endangered species. The case highlights the importance of adhering to environmental regulations designed to protect fragile ecosystems and the species that depend on them.
Legal Ramifications and Penalties
West pleaded guilty to one count of negligently discharging dredged and fill materials into a water of the United States without a required permit from the U.S. Army Corps of Engineers, violating 33 U.S.C. § 1311(a) and 33 U.S.C. § 1319(c). He also admitted to knowingly and unlawfully “taking” a threatened species – the SONCC coho salmon – in violation of 16 U.S.C. § 1538(a)(1)(G). While no fine was imposed, the court mandated a three-year probationary period with a significant focus on habitat restoration.
Restoration Efforts Underway
As part of his sentence, West is responsible for restoring the impacted section of the South Fork Little Butte Creek. This includes removing the constructed berm and replanting native trees and vegetation to stabilize the banks and prevent further erosion. EPA Region 10 aquatic biologists are collaborating with probation officers to oversee West’s compliance with the court-ordered restoration plan, ensuring the habitat is returned to a healthy and functional state.
A Precedent-Setting Case
U.S. Attorney Dwight C. Holton emphasized the significance of the case, stating that illegal habitat destruction threatens vulnerable species. Mark Measer of the EPA Office of Criminal Enforcement added that the conviction sends a clear message that failing to obtain necessary permits will be met with criminal prosecution. Vicki Nomura of NOAA’s Office of Law Enforcement highlighted the importance of protecting critical salmon and steelhead habitat in the Northwest. This case marks the first federal criminal conviction in Oregon specifically charging an individual with the “take” of SONCC coho salmon through habitat alteration.
Key Facts
- Defendant: Gary West, Jr.
- Location: South Fork Little Butte Creek, near Eagle Point, Oregon
- Date of Offense: October & November 2007
- Violated Laws: Clean Water Act (33 U.S.C. § 1311(a) and 33 U.S.C. § 1319(c)), Endangered Species Act (16 U.S.C. § 1538(a)(1)(G))
- Sentence: Three years of probation, habitat restoration
- Species Impacted: Southern Oregon/Northern California Coast (SONCC) coho salmon
Assistant U.S. Attorney Neil Evans prosecuted the case, which was jointly investigated by the EPA Office of Criminal Enforcement and NOAA Office of Law Enforcement.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Gary West, Jr., Environmental Crime, OR 2010 · Connecticut
- Anthony Richardi, Environmental Crime, CT 2007 · Connecticut
- Juan Barajas, Federal Crime, California 1973 · Connecticut
- West Hills Enterprises, Asbestos Violation, OR 2006 · Delaware
- David Sanders, Environmental Fraud, OR 2015 · Oregon
MORE FEDERAL CRIME NEWS
White Collar CrimeWhite Collar CrimeWhite Collar CrimeWhite Collar Crime