.Wildlife Services

Memo

To: Ms. Barbara Knotz

From: Michael J. Bodenchuk, State Director 
cc: Jeff Green, WS RD

Date: June 21, 2006

Re: Tort Claim

 

Enclosed is 3 SF 95 which was sent directly to my of?ce by Ms Sharyn Aguiar of Fillmore, UT
for the death of her dog. have also enclosed copies of statements ?om Darren Roach, the

Specialist who works in the area and from Kevin Dustin, the District Supervisor who had
conducted a trapline inSpection with Darren before we were informed of the incident. A map
of the area is also enclosed. 

Allegations in the narrative are not all correct. WS did have signs in the area (the ?wrapper"
she refers to is actually the device sign). The "road" she refers to is a two-track. non-
maintained trail. I was personally contacted by her husband one week following the alleged
incident and he speci?cally stated that they were not seeking compensation. Ms. Aguiar
received the form from the Bureau of Land Management (BLM), not from WS. it is also
important to note that have evidence to show a dog had pulled an
M44, rather we found a device which had been pulled and no coyote for our effort While it
is possible we killed the dog inadvertently, cannot con?rm that

The area in question is BLM administered land. The BLM policy is that they do not allow nor
disallow the use of toxicants on their land. The BLM does have a National level
Memorandum of Understanding with WS over activities on BLM land and a work plan with
the Fillmore Field Of?ce is executed annually. This speci?c area has not been identi?ed as a
recreation area under that work plan. Accordingly, the use of the M-44 device in this area is
left up to the judgment of the WS Specialist

After investigation use of the M-44 device in this case followed all applicable laws, regulations
and policies and no negligence occurred on our part It is unfortunate that a dog was killed in
this area. I have concerns about the government settling cases with dog owners because it
is all too easy for someone to intentionally take a dog into an area posted with signs with the
intention of getting the dog killed. recommend against settling this claim.

Please feel free to contact me directly if you have additional questions and please keep me
posted on your deliberations on this matter.