Wednesday, February 15, 2012

Possible waterfowling at East Branch Reservoir

There may be duck and goose hunting in East Branch Reservoir’s future.

The Akron Watershed District’s 416-acre reservoir is contained within the Geauga Park District’s 926-acre Headwaters Park in Huntsburg and Claridon townships.

Geauga Park leases the site from the watershed district and provides various recreational opportunities that include fishing and boating.

However, recently the watershed district approached the parks system, asking that the two entities partner if it might be possible to develop a controlled waterfowl hunting program. at East Branch/Headwaters.

On Tuesday the three-person Geauga Park District board of park commissioners was made aware of the contact by the agency’s administrative staff.

“But it is still very much in the planning stages and we really don’t want to say something that makes Akron uncomfortable,” said Sandy Ward, the Geauga Park District’s communications specialist.

Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Twitter: @Fieldkorn

Monday, February 6, 2012

UPDATED Close but not close enough on last day of archery deer season

Only one hour remained in a season that had spanned 3,240 hours.

And the end seemed nearly an eternity when Ohio’s lengthy archery deer-hunting season began 30 minutes before sunrise on September 24. But now only 60 minutes was left to the archery season; not much time to fill my remaining either-sex tag.

Still, I wanted to end the season the way I had when it began, anchoring a spot in one of my fabric ground blinds just the way I did way back at the end of September.

It almost paid off, too. Almost, but note quite.

With a choice to make between three blinds, each found in a different county, I selected the one in Ashtabula County’s Rome Township. It was not a bad choice, though certainly not a perfect one.

Then again, neither were the blinds/electronic feeder stations in Lake and Geauga counties. With the former my trail camera had captured about 600 digital images over a 3 1/2-week span. None had a recorded even a single deer, which was especially peculiar and terribly disappointing.

Earlier the camera was abuzz with images of all sorts of deer from big-antlered bucks to fawn does. Now, nothing, and for reasons I can’t explain, either.

No point wasting my time there, I figured when I removed the trail camera two days before the season ended.

Rejected as well was the apartment-like wooden blind and feeder in Geauga County. While this location has proven the most consistent of locations in providing both sightings of deer and producing animals, the previous two visits yielded no visuals.

“Whatever I decide it’s going to be the wrong choice,” I said, muttering to myself.

Well, maybe.

Settling in a little more than two hours before the end of legal shooting time at 6:19 p.m., I fastened my gear to the blind’s innards and made ready the Horton crossbow for the last time this season.

I also broke out a copy of one of outdoor humorist Pat McManus’ books. Might as well entertain myself, I figured, as I waited for the oft-hand chance a deer would actually pay a visit to the game feeder.

The evening was quiet though far from uncomfortable, the temperature starting out at 41 degrees, if the thermometer I keep at the blind was to be believed.

Song birds began to approach the kernels of corn that the feeder had dispensed, the beggars gleaning their fair share of the booty.

Finishing up one of the book’s many funny chapters I then took a poke out the narrow half-moon slit in the blind’s left “window.”

There, about 25 yards away stood a mature doe. It had come from behind and now remain transfixed looking in the general direction of the blind.

Hoping the doe would close the distance I made ready should she tramp to the feeder. That would place the deer in the better sight picture offered by a larger-opened window in front.

Instead, the doe simply began - very slowly, I’m quick to add - aimlessly wandering about and still to my left. Every now and then she’d peck at the ground, no doubt securing an acorn that no other deer, turkey or squirrel had yet to find.

Of course had it been deer firearms-hunting season I would have had a much more likely chance of shooting the animal. I would have waited for her to turn and offer me a quartering-away shot at less than 50 yards.

I won’t take that risk, not with a crossbow, anyway. I have long maintained a vow that I would not launch an arrow at any deer over 20 yards away, let alone one at an animal that is not positioned broadside.

After perhaps 15 minutes the doe sashayed north and toward a large ragweed field.

I exhaled a disappointed sigh, extinguishing a stored-up lengthy bit of inhaled air.

Though I still had 45 minutes remaining before the clock ran out I knew I had witnessed my last chance of shooting another deer this season.

“She’s a mature doe and I bet she’s carrying at least one fawn,” I thought. “That’ll mean at least two - maybe three -deer for next season.”

It was a solid rationalization of potential prospects in about another 7 1/2 months.

When the last remaining measured embers of the season died I exited the blind. A nearly full moon was now up and its light was decorating the forest floor while a decided chill had captured the daytime warmth, holding it hostage as I retreated to my car.

Stumbling out of the woodlot and crossing the property owner’s lawn, I made my way to the car, stashing the crossbow, arrow quiver and equipment-laden backpack for the last time for the season.

I suspect I’d archery hunted more than 60 times this past season, most sessions for no more than two hours either before or after work.

During that spell I had passed on a couple of antlered deer as well as a couple of fawn does and button bucks. No regrets, especially given the fact that by doing so I allowed my older brother, Rich, to eventually shoot one of the bucks and my wife one of the button bucks.

Besides, I still managed to arrow a deer, collecting an adult doe just before Thanksgiving. Between that animal and a truly large doe I killed on opening day of the firearms deer-hunting season, I figured I did pretty well for myself.

You won’t find me complaining any. I’ve already begun the task of preparing for the next archery season. I’ve organized the various shades of outerwear into their appropriate container bins and hung the crossbow.

Plans are also in the works to better situate the game feeders, add a trail camera or two and do some repair work to at least one of the blinds.

After all, the 2012-2013 archery deer-hunting season can’t get here soon enough.
Just look at how fast the 2011-2012 season came and went.

A video of my last two evening hunts during the archery deer-hunting season is available at The News-Herald’s video page, sports section.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Twitter: @Fieldkorn

Thursday, February 2, 2012

Pre-trial date for Wildlife Division defendants; new legal wrinkle in case

Brown County Prosecutor Jessica A. Little says that a pre-trial hearing for the five indicted former and current Ohio Division of Wildlife officials is set for 1 p.m., March 12.

At this hearing, Little says, she hopes that progress can be made toward setting an actual trial date.

However, that goal may not be reached, at least not any time soon.

Little says that she’s aware that the defendants’ attorneys have filed what’s called “a motion to certify a conflict” with Ohio’s 12th District Court of Appeals.

The argument is that the recent decision by the 12th District Court favoring an argument by Little is in conflict with a similar one that the Ohio 6th District Court of Appeals ruled on in 2009.

“The state Supreme Court wants uniformity in the various appellate courts, but I disagree that there is a conflict,” Little said. “I don’t think it will go up on this certification of conflict but there is potential for it to go to what’s called a ‘discretionary appeal,’ and I wouldn’t be surprised if the Supreme Did accepted it since this is a matter of great public interest.”

Little said also that she’s not comfortable commenting on the Ohio Department of Natural Resources' decision last week to place the remaining three employed Wildlife Division employees on unpaid administrative leave and then the subsequent retirement Wednesday of one of them - law enforcement administrator James Lehman.

“Whatever is done should be done in the best interests of the taxpayers,” Little said.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Twitter: @Fieldkorn

UPDATED 1: Indicted Wildlife Division official retires

Indicted Ohio Division of Wildlife law enforcement executive administrator Jim Lehman turned in his retirement papers Wednesday, says an official with the parent Ohio Department of Natural Resources.

Lehman had been placed on unpaid administrative leave last week following a legal loss before Ohio’s 12th District Court of Appeals.

Still on unpaid administrative leave are the Wildlife Division's Human Resource Manager Michele Ward-Tackett and District Five (southwest Ohio) Manager Todd Haines.

Lehman is one of five former or current Wildlife Division officials who are under felony indictment in Brown County Common Pleas Court.

The five lost a court battle with Brown County prosecutor Jessica Little who challenged a lower court ruling that said the officials were protected by the so-called “Garrity Rule.”

This legal fiat protects certain government employees from testifying on matters if they believe that by doing would jeopardize their jobs.

Bethany McCorkle, the Natural Resources Department’s deputy chief of communications, said since Lehman has at least 30 years of employment with the Wildlife Division he was eligible for retirement.

Lehman's on-going legal issues do not impact his retirement income, McCorkle said also.

McCorkle said as well that a replacement for Lehman has not yet been named.

Also, says McCrokle, neither Haines nor Ward-Tackett are eligible to retire. Haines has 24 years with the natural Resources Department while Ward-Tackett has 23 years of service.

To retire each needs a minimum of 30 years of service, McCorkle said.

However, law enforcement officers can retire after either 25 years of service or 48 years of age, McCorkle said as well.

This story will be up-dated as additional information becomes available.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Twitter: @Fieldkorn

Wednesday, February 1, 2012

Allan Wright "converts" court appearance to plea appearance

Allan Wright, former Ohio Division of Wildlife officer assigned to Brown County, has “converted” his scheduled federal court appearance originally set for Feb. 22 to a scheduled plea appearance at 9 a.m., Feb. 24 before federal district court judge Michael R. Barrett, said a federal court clerk today.

Wright is at the apex of a long-running matter that has also legally enveloped five current and retired Wildlife Division officials.

By way of review, Wright is under indictment for felony and misdemeanor violations of the federal government’s Lacey Act.

Wright agree to state complaints that in 2006 he allowed a South Carolina wildlife officer to use his Ohio address to obtain a resident state hunting license.

He subsequently was given a written reprimand which was eventually expunged. That action set in legal motion charges being brought against five current or retired Ohio Division of Wildlife officials.

However, Wright had been reinstated to his Wildlife Division post, only to be placed on unpaid administrative leave in August when he was charged in federal court for the alleged Lacy Act infractions.

Based on Ohio law, Wright remained on that status for a two-month period before being elevated to paid administrative leave, though the Ohio Department of Natural Resources continues to refuse to pay Wright his wages.

In a one-page letter dated Oct. 28, 2011 then-interim Natural Resources Director (and now the Wildlife Division chief) Scott A. Zody wrote:

“As a result of your recent per-disciplinary hearing held on October 25, 2011, you were found guilty of violating the following provisions of the Ohio Department of Natural Resources (ODNR) Disciplinary Policy:

* B. Dishonesty - (2) Willfully falsifying... any official document.

* D. Failure of Good Behavior - (4) Misuse of and/or carelessness with state property....

* Commissioned Officers: A. Law Enforcement - (1) Violation of Uniformed Officer’s Code of Conduct.

“Therefore, you are being removed from your Wildlife Officer position with the ODNR-Division of Wildlife effective the date of your receipt of this letter.”

Wright was also charged with the federal counts.

Meanwhile, the cases against the five Wildlife Division officials has returned to Brown County Common Pleas court following a recent state appellate court ruling favoring Brown County prosecutor Jessica Little.

- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Twiter: @Fieldkorn

Friday, January 27, 2012

Indicted Wildlife Division officials now on unpaid administrative leave

The three remaining Ohio Division of Wildlife officials who are under indictment in Brown County were today placed on unpaid administrative leave by the parent Ohio Department of Natural Resources.

These officials include the Wildlife Division’s Human Resource Manager Michele Ward-Tackett, its Law Enforcement Executive Administrator Jim Lehman, and District Five (southwest Ohio) Manager Todd Haines. Each was indicted on single counts of obstruction of justice and complicity to obstructing justice.

Not impacted by this action are now-retired former Wildlife Division chief David Graham and now retired Wildlife Division assistant chief Randy Miller. Each of these two are also under the same indictment.

The five defendants lost a legal round Monday before Ohio’s 12th District Court of Appeals. That court ruled in favor of Brown County prosecutor Jessica A. Little.

It was Little who argued that the five are not protected by the so-called “Garity Rule.” This legal fiat protects certain government employees from testifying on matters if they believe that by doing would jeopardize their jobs.

In their arguments before the appellate court judges the defendants’ attorneys said the rule applied to their clients, a position accepted by Brown County Common Pleas Court judge Scott Gusweiler but ultimately rejected by the higher court.

At that point the Natural Resources Department began a thorough review of the matter, promising a quick reply. This was done today, says Bethany McCorkle, the Natural Resources Department’s deputy chief of communications.

“There’s not much of a statement but the three have been placed on unpaid administrative leave as the legal system takes its course,” McCorkle said. “The three were placed on this administrative action because they are under indictment for felony charges before the Brown County Court system.”

While McCorkle said the Natural Resources Department does not intend to issue a further statement on the matter she did say that the unpaid administrative leave status of the three Wildlife Division officials will run for no more than two months.

After that period the Ohio Revised Code dictates that they be placed on paid administrative leave, McCorkle said also.

This story will be updated as additional information becomes available.

Jeffrey L. Frischkorn
JFrischkorn@News-herald.com
Twiter: @Fieldkorn

Thursday, January 26, 2012

Updated 3: Power plant closing will impact local fishing, birding

With Akron-based FirstEnergy's announcement that it will permanently shutter its Eastlake's coal-fired power plant, area anglers will face a reduced fisheries.

This point is particularly true during the winter months when the plant's discharge of warm water during the electricity-generating process keeps open a large swath of water.

The open water attracted not only bait fish and steelhead but also anglers. These fishermen would line up along the publicly owned breakwater located at the end of Erie Road in Eastlake.

During warmer months the anglers there will often case for white bass and yellow perch along with just about anything else that bites.

For birders the loss will hurt, too. The winter-time open water was a haven for waterfowl, American bald eagles, gulls and terns of all kinds as well as some rarely seen or uncommonly viewed bird species.

Besides the Eastlake coal-fired power plant FirstEnergy also intends to permanently close three others. They include the plants at Ashtabula, Cleveland and Bayshore in Toledo.

All of these plants operated on a limited, as-needed, basis but now will be close permanently sometime later this year.

FirstEnergy says it is less expensive to close them than it would be to retrofit them with the latest air pollution control systems. The Eastlake plant became operational in the 1950s.

The Cleveland Lakeshore plant - and to a lesser degree the one at Ashtabula - also often offered open-water fishing during the winter.

John Pogacnik, Lake Metroparks' biologist, said birders and anglers often stood shoulder-to-shoulder at the seawall, each doing their own thing.

"There's been a lot of really good records of birds being observed there," Pogacnik said. "It's been one of those places where everybody cam to watch for birds in the winter."

Rich Miecznikowski, owner of Erie Shore General Store, a local go-to bait store at the corner of Erie Road and Lakeshore Blvd. in Eastlake, said the seawall fishing location has always been popular with anglers.

“There’s a fair amount of people who do go there in the winter for the trout but not as many as those who fish for white bass in the summer,” Miecznikowski said.

“And what attracted the white bass was the current that was always there, but this is the first I’ve heard of it.”

Don Schonauer, area taxidermist and angler, said he sometimes fished the mouth of the Chagrin River when the lake and stream were both open during the winter.

“That will be a big loss since it’s been such a good staging area for steelhead before they ran up the river,” said Schonauer said.

Similarly the shut-down of the Cleveland plant will hurt the fishing, too.

“Well, there goes my winter minnow-collecting site,” said Paul Liikala, formerly of Perry Township and now of Cuyahoga Falls. “That’s not good news. Both were real nice places where guys could go to in the winter and get away from cabin fever by catching some steelhead.”

Liikala said that while he liked fishing the discharge waters from both the Eastlake and Cleveland power plants he is pleased that the Bayshore plant is closing. That is because this plant has a notorious reputation for sucking in and chewing up untold numbers of small walleye and other sport fish.


- Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
Twitter: @Fieldkorn