NEWS RELEASE
U.S. DEPARTMENT OF THE INTERIOR

NATIONAL PARK SERVICE

For Immediate Release July 7, 1999

Sandra Perl (520) 639-7885

GRAND CANYON HIKER PLEADS GUILTY TO AN
ARCHEOLOGICAL RESOURCE VIOLATION

On June 29, 1999 Brian Lee Hermes of Flagstaff, Arizona plead guilty in U.S. Magistrate Stephen L. Verkamp's Court to violations of the Archeological Resources Protection Act (ARPA) and a resource related violation within Grand Canyon National Park. Hermes was the third defendant charged and convicted under ARPA within the park.

Hermes was convicted of possession and removal of archeological resources and failure to obtain a backcountry permit. He was ordered to pay $400 in restitution and was banned from entering Grand Canyon National Park for a period of one year. Artifacts taken by defendant Hermes and convicted defendants Johnny Chatterly of Kanab, Utah and Brian Griffiths of Fredonia, Arizona included prehistoric stone tools such as chip stone pieces, knives and projectile points, some as old as 5,000 years.

Hermes had been backpacking with four other men near Tuckup Canyon, a remote area of the North Rim in Grand Canyon National Park when contacted by park rangers in early January. All five men faced charges for various resource violations ranging from failure to obtain a backcountry permit for overnight camping to theft of archeological and historic artifacts.

In addition to Hermes conviction, on May 26, 1999 Chatterly and Griffiths were each convicted for possession and removal of archeological resources, possession and removal of objects of antiquity, theft of public property, failure to obtain a backcountry permit, and having a fire in an undesignated area. Griffiths was also convicted of providing false information to the park rangers. Chatterly and Griffiths were each ordered to pay $1,000 in restitution and banned from entering Grand Canyon National Park for a period of three years. The other two defendants, Dan and Shane Rife of Kanab, Utah pled guilty for failing to obtain a backcountry permit. Each of the Rifes were sentenced a $250 fine and banned from entering Grand Canyon National Park for a period of one year.

Archeological sites tell stories of our cultural heritage. All sites are very fragile and removing even the smallest object will result in destruction to the original site and the story it can tell. Grand Canyon National Park actively protects thousands of known archeological sites. To help protect our cultural heritage, Grand Canyon National Park has established a Silent Witness hotline. Individuals may call 520-638-7767 to report any illegal activity observed within the park. The hot line accepts calls twenty-four hours a day.

The Archeological Resource Protection Act of 1979 provides protection of archeological resources on public and Native American lands. The Act established federal criminal penalties for unauthorized excavation, removal, damage, alteration, or defacement of archeological resources, or trafficking archeological resources obtained in violation of federal, state, or local law. ARPA violations under 16 USC 470 aa to 470 ll can carry up to a year in jail and $100,000 fine for misdemeanor convictions, and up to two years in jail and a $250,000 fine for felony convictions.

July 7, 1999