Kevin M. Berken, Violating Migratory Bird Treaty Act, Louisiana 2023

LAFAYETTE, La. – A local duck hunter has been sentenced for violating the Migratory Bird Treaty Act, a federal law that protects migratory birds and their habitats.

Kevin M. Berken, 60, of Lake Arthur, Louisiana, was sentenced to two years of probation by Magistrate Judge Kathleen Kay for taking more than the daily bag limit of ducks in any one calendar day.

According to evidence presented in court, Berken was an experienced waterfowl hunter who frequently hunted in Jefferson Parish, Louisiana. On December 27, 2018, Berken participated in two hunts for ducks, during which he and other hunters jointly shot, killed, and possessed 22 ducks.

In a search by agents with the Louisiana Department of Wildlife and Fisheries Service and the U.S. Fish and Wildlife Service, Berken and three other hunters were found to be in possession of 29 various species of ducks. This was a clear violation of the Migratory Bird Treaty Act, which sets a daily bag limit of six ducks per hunter in one calendar day.

Berken pleaded guilty to the charge and admitted to taking more than the daily bag limit of ducks. As a result, he was ordered to pay a fine of $5,000 and had his hunting, fishing, and trapping privileges revoked for the two-year term of probation.

In addition to the fine, Berken was also ordered to complete 100 hours of community service. The U.S. Fish and Wildlife Service and Louisiana Department of Fish and Wildlife Service conducted the investigation, while Assistant U.S. Attorney Danny Siefker prosecuted the case.

The sentence handed down to Berken serves as a reminder of the importance of following federal and state laws that protect our natural resources. The Migratory Bird Treaty Act is in place to ensure the long-term survival of migratory bird populations, and it’s up to hunters and outdoor enthusiasts to respect these regulations.

With this sentence, Berken will be on probation for the next two years, during which time he will be required to adhere to certain conditions. If he fails to comply with these conditions, he could face additional penalties.

Berken’s case highlights the need for hunters to be mindful of their actions and to respect the laws that govern our natural resources.

Related Federal Cases