Opinion: Lawful Hunter Scores Huge Victory Over DEC

In Greene County, hunting isn't just a pastime— it's a heritage passed down through generations. We are taught to respect the land, follow the law and hone our skills. However, a recent experience with the New York State Department of Environmental Conservation (DEC) has shown me that being “too good” at what you do might actually put a target on your back.

 I recently won a formal DEC enforcement hearing, a victory that should have never been necessary. For years, I have prided myself on being a consistently successful hunter. I invested hundreds of hours of hard work, scouted the ridges in the Spring, and yes, have had success at filling my tags. However, I've come to believe that my hard work hasn't just earned me venison and bear meat; it has earned me a spot on what I term an unofficial “watch list” of – according to the DEC – “unusually high levels of success when bear hunting.” When questioned by my attorney if I was known to the department, the DEC Lieutenant stated, “he was known to the department from being on a spreadsheet that was created by our intelligence unit.”

My nightmare began when my son, who was proud of my harvest, posted a picture of the bear in question on Facebook, early the next morning. After seeing this post, the DEC Lieutenant, who was away for three days of training in Pulaski, New York, contacted the Environmental Conservation Officer (ECO) whom he directly supervises. Why? There was no “cause to believe,” no formal complaint, no witnesses, no video, and no anonymous tips. There was nothing at all to indicate any foul play! 

Later that day, I received a suspicious call from a retired ECO (who, coincidentally, is the former partner of the Lieutenant), who had never called me before. The last question he asked was, “Where did you get him?” I disclosed the location, as I had nothing to hide. At that point, he abruptly hung up. 

Through the Discovery Process, we learned that 14 minutes after that phone call, an ECO arrived at the trailhead parking lot near the location where I shot the bear. I have only seen one ECO in the 46 years I’ve hunted at this location. The ECO did not arrive at the harvest site until approximately 24 hours after the harvest, which, by the way, was on public land. One can’t help but wonder how the alleged bait got there, as anyone could have accessed the harvest area and even deposited a substance in that location.  

Now, for the actual event and what transpired: It was a good shoot on September 11, 2023, at 5:00 pm. The next day, I reported my harvest (approximately 18 hours later), even though I had seven days to do so. I called in my non-mandatory ear tag, spoke to a DEC biologist, proceeded to my butcher, and several days later, took it to my long-standing taxidermist. The Lieutenant testified that in his 21-year career, he has never known of anyone taking a bear illegally, and then reporting it.  

During a subsequent encounter with two ECOs, a bizarre interview took place in which they pressured me to confess to something I did not and never will do! After repeatedly denying their allegations, I was told that unless I admitted to hunting using bait, DEC would have to send the bear to be DNA tested; this, despite my admission to harvesting the bear.  The eventual citations for the illegal taking of a bear/pre-established bait felt less like conservation and more like a desperate attempt to find something—anything – with which to charge me.

I decided to fight, refusing to just pay the fine and accept a mark on my 51-year, unblemished record. While I am relieved at the decision, I am bitter over the process. It took an appalling 912 days for my majestic harvest to be returned to me. Once again, State Government worked at a glacial pace. How many other law-abiding sportsmen in our community have been intimidated into paying fines? How much of our taxpayer money is being wasted on witch hunts?

The DEC opted for a DEC Enforcement Hearing, which only requires the Department to prove guilt by a preponderance of the evidence (the legal system’s lowest legal threshold). At the hearing, the truth came out and the Administrative Law Judge ruled in my favor. The facts (which did not include one shred of direct evidence) didn't hold up. The ECO’s claims were dismantled, and the investigation was so riddled with “Keystone Cops” errors that I had to ask myself, was this about a bear or was this about me and my family's success? I believe wholeheartedly that jealousy also played a huge role and was a driving force behind these charges.  The officers involved are known to hunt the same area. A badge and jealousy are never a good mix. The ECOs were so determined to take a “high level of success” hunter down a peg, that I believe this investigation started with a conclusion and worked backwards to find a crime.

DEC maintains multiple types of lists/spreadsheets that track unusually high success. They include a family list, an individual list, a residence list, and if you harvest a bear, a two consecutive years list. They then come up with a probability of success percentage rate. They argued that I was not targeted, as evidenced by other names being present on these lists. However, this proved to me that the problem was systemic— these spreadsheets are completely flawed and worthless. They do not take into account any critical variables, like time spent in the woods, geographic location, or skill as a hunter. A hunter who spends one day in the woods is given equal weight as an avid hunter, like myself, who spends 50 to 60 days afield. Their calculations of hunter success rates make no sense at all, as they utilize the number of hunters and the total harvest in each region to procure a success rate. 

At the hearing, DEC was asked why they put these spreadsheets together to which they responded, “it's just for informational purposes” and “just knowledge for them” (meaning the ECO’s).  When questioned why, the Lieutenant stated, “I forward it down to the ECO’s in the field.” Sure. I suspect they don't go to the successful hunter’s house to present a trophy! 

In my thirty-five years of hunting the Northern Zone, I have never harvested a bear. It took me twenty-three years to harvest my first Southern Zone bear. I can’t help but wonder what list DEC had me on at that time – awful hunter? At worst, I believe these DEC spreadsheets are profiling/targeting lawful hunters, and at best, it is an egregious waste of taxpayer money. 

There is a DEC Intelligence Unit on Long Island where these spreadsheets are formulated, as described above. These revelations send a chilling message to every hunter: Don't be too good, or the State will make your life miserable. 

I'm sharing my story so my fellow brother and sister hunters know they have a right to stand up for themselves. I worked in law enforcement for over forty years in one capacity or another. This entire process has been a real eye opener. We respect the law, but we must demand that the law respects us. I believe success in the woods should be a badge of honor, not a reason for state sponsored harassment.

The bottom line is this: I harvested a trophy bear (ear tagged) in the wrong location (Round Top, Greene County) having the wrong last name.  For these reasons, I was unfairly targeted an prosecuted.  Thankfully, justice prevailed.

Warren A. Agostinoni, Sr. 

Cairo, New York

Opinion of and paid for by Warren A. Agostinoni, Sr.