Former outfitter indicted for allegedly illegally killing brown bear in Alaska

A former Hungry Horse guide and outfitter and another Montana man have been indicted by a federal grand jury in Alaska with allegedly illegally killing a brown bear on a national wildlife refuge, a violating the Lacey Act.

According to court documents, between May 9 to May 12, 2022, Richard McAtee, 46, and Arlon Franz, 51, of Sidney conspired together to possess and transport a brown bear that they illegally killed in the Alaska Peninsula National Wildlife Refuge.  

McAtee previously owned Montana Wilderness Lodge near Spotted Bear and was a longtime outfitter and guide in the Bob Marshall Wilderness. The lodge has new owners this year. 

The indictment alleges that one of the men was a nonresident hunting without a contract with a master guide, and that the bear was shot and killed before the legal season to hunt brown bear had opened and the same day the hunter had been airborne, in violation of state and federal laws. It also alleges the defendants salvaged the hide of the illegally taken brown bear in the field and transported it from the Alaska Peninsula to a local hunting lodge, and from there to Port Moller and then to Anchorage, according to a press release from the U.S. Attorney’s Office in Alaska.

The indictment does not say who actually killed the bear.

Brown bear hunting is allowed on the 3.7 million-acre refuge, but only with a proper permit and guide for non-residents. 

The defendants are charged with one count conspiracy in violation of federal conspiracy law and two counts of violating the Lacey Act. 

McAtee made his initial court appearance Thursday before the U.S. District Court for the District of Montana. If convicted, they each face up to five years in prison and a $100,000 fine. 

U.S. Attorney S. Lane Tucker of the District of Alaska, Senior Federal Wildlife Officer Joshua Macri of the U.S. Fish and Wildlife Service, Alaska Region, and Alaska Wildlife Trooper Colonel Bryan Barlow made the announcement. 

The U.S. Fish and Wildlife Service and the Alaska Wildlife Troopers, with assistance from the U.S. Forest Service, are investigating the case. 

Assistant U.S. Attorneys James Klugman and William Taylor are prosecuting the case.