FISH FROM PRIVATE HATCHERY INFECTED WITH WHIRLING DISEASE STOCKED IN COLORADO WATERS

A southwest Colorado man who stocked waters in New Mexico, Utah and
Colorado with trout raised in his private fish-production facility that
was infected with whirling disease has pleaded guilty to several federal
charges and will pay nearly $30,000 in fines and restitution fees.

Dwight Babcock, 59, owner of Cannibal Canyon Ranches in Marvel, Colo.,
pleaded guilty in federal court in Durango on Sept. 30 to seven criminal
counts of knowingly selling, transporting, and stocking wildlife
illegally in New Mexico and Utah. As part of the plea agreement, Babcock
also acknowledged that he stocked fish from his hatchery into rivers in
Colorado at least 125 times between 1997 and 2003.

The investigation showed that he stocked fish in at least 72 locations
in rivers and streams in La Plata, Archuleta, Montezuma and Dolores
counties. He is known to have stocked fish along private sections of the
Piedra, San Juan, West Dolores, Animas and Rio Blanco rivers. Babcock
was paid by landowners to stock the fish.

Babcock entered the plea following a two-year joint investigation by
more than a dozen wildlife and law enforcement officials from the
Colorado Division of Wildlife, Utah, New Mexico, the United States Fish
and Wildlife Service, and the United States Attorney's Office in
Colorado.

According to court documents, Babcock's fish-production facility first
tested positive for whirling disease in 1997. It tested positive again
in 1998, 1999 and 2002.

Whirling disease, which is devastating to trout, is caused by a
microscopic parasite that infects the soft cartilage of young fish. The
disease kills most young fish that it infects. In fish that survive
whirling disease causes severe deformities that cause fish to swim in
aimless circles. Whirling disease has no affect on human health.

Mike Japhet, an aquatic biologist for the Colorado Division of Wildlife
in Durango, said Babcock's stocking could have serious negative effects
on Wild Trout waters and important Cutthroat Trout Conservation Waters
in southwest Colorado.

"Once whirling-disease positive fish are released, there's not much we
can do. The only place we can logically control the disease is at the
hatchery," Japhet said.

Whirling disease was introduced accidentally into Colorado during the
1980s when a private hatchery stocked rivers with infected fish. The
infestation caused a collapse of Rainbow trout populations in several
self-sustaining high-country waters. Native Cutthroat trout also are
susceptible to the disease.

The disease eventually spread to hatcheries operated by the DOW. The
agency was forced to spend approximately $11 million to modernize trout
hatcheries that raise fish for mountain waters. Those hatcheries now are
free of whirling disease. In addition, the DOW has spent about $500,000
per year since 1995 to study the disease.

"The disease devastated many high-quality trout fisheries," said Eric
Hughes, statewide aquatic manager for the DOW. "We continue to be
concerned about the release of whirling-disease positive fish."

Private hatcheries that stock trout must be certified as
whirling-disease free.

The DOW certified Babcock's hatchery as being free of whirling disease
in early 2005. He will not be allowed to stock any waters in New Mexico
or import any fish to that state. He will be allowed to stock waters in
Colorado. He also can sell fish to restaurants and food retailers.

Babcock's fines included: $4,800 to the federal government; $15,000 to
the state of New Mexico; and $10,000 to the Colorado State University
Research Foundation to be used for whirling disease research. He is also
on probation for three-years with the U.S. Justice Department.

Japhet urged landowners who are considering stocking private waters to
be cautious. All private hatcheries are inspected once each year by
state officials. Land owners who are considering buying fish from
private firms should request to see the state-issued certificate that
proves the hatchery is certified as negative for whirling disease.

"Responsible trout growers won't mind showing a document that proves
that their hatcheries are free of whirling disease," Japhet said.

Anyone who is concerned that fish infected with whirling disease are
being stocked in high-country trout waters should contact Operation Game
Thief at 1-877-265-6648, or the closest DOW office.