Judgment Entered in Illegal Timber Removal Case

Albuquerque, N.M. – John Y. Hernandez, Jr. has admitted to all of the allegations and agreed to a settlement with the U.S. Attorney’s Office in a case involving the illegal removal of timber from BLM land near Cuba, New Mexico.  The judgment provides for the recovery of $125,000 by the United States.  Hernandez’s father, John S.Y. Hernandez, Sr., reached a $35,000 settlement agreement on February 2, 2010. 

The United States, on behalf of the BLM, filed suit against the Hernandezes for illegally cutting and removing 48 ponderosa pines, many of them old growth, from a fuelwood harvest area near Cuba in 2005.  The father and son had a firewood permit that allowed for the removal of up to one cord of dead down and dead standing wood.  Removing live ponderosa pines, however, was expressly prohibited, as was taking more than one cord of wood. 

In late November 2005, BLM officials discovered that many living ponderosa pines, including old-growth trees, had been cut and removed from the area.  Hernandez, Jr.’s heavy equipment, which was used to remove and transport the logs, was discovered at the site.  Upon investigation of Mr. Hernandez and his father, and during an inspection of their sawmill, Hernandez admitted that he and his father had been cutting and removing trees in the area.  Conclusive matches were made between logs seized at the Hernandez sawmill and tree stumps at the site of removal. 

The cutting and removal of these trees caused long-term damage to the area.  Many of the cut pines were old growth, some approximately 200 years old, with significant value to the natural habitat and aesthetics of the area.  BLM resource officials predict the area will likely never return to its pre-damaged state, even with the planned restoration work.  The funds recovered under this judgment will go towards necessary rehabilitation of the land, soil stabilization, tree planting and re-seeding.

“Mr. Hernandez, Jr. and his father did terrible damage to this area,” said Ed Singleton, the BLM’s Albuquerque District Manager.  “We’re pleased with the settlement and hope this case serves as a deterrent to others who may consider removing trees illegally.  Public lands belong to us all, and we will take every measure to prevent individuals from stealing and degrading these precious natural resources.”