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Date: 07-09-2020
Case Style:
United States of America v. Kevin Jay Mast
Case Number: 4:17-cr-40078-KES
Judge: Karen E. Schreier
Court: United States District Court for the District of South Dakota (Minnehaha County)
Plaintiff's Attorney: United States District Attorney’s Office
Defendant's Attorney:
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Description:
Rapid City, SD - The United States of America charged Kevin Jay Mast, age 63, with disturbing protected wetland of the United States.
Mast was indicted for Disturbing Protected Wetlands of the United States by a federal grand jury on September 6, 2017. A jury convicted him of the violation on January 18, 2018.
However, Mast appealed the conviction to the Eighth Circuit Court of Appeals. The appellate court agreed with Mast, and the case was remanded for trial. Following a court trial on February 5, 2020, Mast was found guilty on May 21, 2020.
On January 19, 1973, an easement was voluntarily sold to the United States for waterfowl management rights. The easement prohibited the drainage of any wetland areas on the property. In 2010, U.S. Fish and Wildlife notified Mast that his plan to install drain tile conflicted with the protected wetlands and would not be permitted. Despite the warning, Mast installed the drain tile in the fall of 2013. Judge Schreier’s verdict concluded that Mast disturbed, injured, and destroyed the wetland areas protected by the easement, and did not have the authority and permission of the United States of America.
This case was investigated by the U.S. Fish and Wildlife Service and prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.
16 U.S.C. §§ 668dd(c) and 668dd(f)(2) DISTURBING PROTECTED WETLANDS OF THE UNITED STATES
(c) Prohibited and permitted activities; application of mining and mineral leasing laws, hunting or fishing regulations, and State laws or regulations
No person shall disturb, injure, cut, burn, remove, destroy, or possess any real or personal property of the United States, including natural growth, in any area of the System; or take or possess any fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or nest or egg thereof within any such area; or enter, use, or otherwise occupy any such area for any purpose; unless such activities are performed by persons authorized to manage such area, or unless such activities are permitted either under subsection (d) of this section or by express provision of the law, proclamation, Executive order, or public land order establishing the area, or amendment thereof: Provided, That the United States mining and mineral leasing laws shall continue to apply to any lands within the System to the same extent they apply prior to October 15, 1966, unless subsequently withdrawn under other authority of law. With the exception of endangered species and threatened species listed by the Secretary pursuant to section 1533 of this title in States wherein a cooperative agreement does not exist pursuant to section 1535(c) of this title, nothing in this Act shall be construed to authorize the Secretary to control or regulate hunting or fishing of resident fish and wildlife on lands not within the system. The regulations permitting hunting and fishing of resident fish and wildlife within the System shall be, to the extent practicable, consistent with State fish and wildlife laws and regulations.
Outcome: Defendant was sentenced to 1 year unsupervised probation; $100 fine; $10 Special Assessment
Plaintiff's Experts:
Defendant's Experts:
Comments: