# Minnesota Poaching Case



## Bob Kellam (Apr 8, 2004)

Father, son face charges of poaching charges
By Dave Olson, The Forum
Published Tuesday, February 08, 2005

A father and son face poaching charges in Becker County District Court, with the younger man looking at more than $5,000 in potential restitution in a case involving illegally taking a giant muskie and a 500-pound black bear.

Walter David Draack, also known as "Yogi," 29, Ottertail, Minn., is accused of spearing a muskie, which is against the law in Minnesota, illegally transporting big game and having four deer over the legal limit -- all gross misdemeanor charges.

His father, Walter Robert Draack, 57, Frazee, Minn., is charged by citation with three misdemeanor counts of possessing an untagged gill net, possessing ducks taken illegally and possessing untagged waterfowl.

A third defendant, Trent Lee Buck, 34, Detroit Lakes, Minn., chose not to fight a misdemeanor charge of taking trout over the limit and paid a $522 fine, according to court records.

The elder Draack declined to comment on the case. He said his son does not have a phone, and no directory listing could be found for him.

The case is unusual for the amount of wildlife involved, according to a conservation officer who said all poaching hurts the state's natural resources.

"When you look at wildlife, by definition it's public property," said Chris Vinton, an officer with the Minnesota Department of Natural Resources.

"The deer, the fish the bobcats and the bears, they all belong to all of us," Vinton said. "Anytime somebody steals that type of thing, they're stealing from the population."

Acting on tips, authorities searched the elder Draack's home on Oct. 20.

Investigators seized 31 trout, a 51-inch muskie, 17 plucked ducks, 19 vacuum-packed ducks, 150 packages of deer meat and about 20 white tail deer antlers, according to court documents.

Three bear hides and six bobcat carcasses were also collected in the search.

The younger Draack admitted to illegally spearing the muskie, taking deer over the limit and shooting a 500-pound black bear, for which he did not have the required game tag, court documents show.

Draack also admitted he illegally took ducks, trout and bobcats, court documents say. He has not been charged for the latter violations but could be, depending on how plea negotiations go on the counts he faces, Vinton said.

Vinton said restitution costs could top $5,000 for the younger Draack, including $1,100 for the muskie alone.

All of the wildlife items seized in the search became the property of the state of Minnesota.

A pickup belonging to William David Draack was seized on suspicion it was used to transport an illegally taken bear.

The truck is being held for possible forfeiture action, though a decision on whether that will happen hasn't been made, Assistant County Attorney Jim Donehower said.

With less than 140 conservation officers to police more than 2½ million anglers, Minnesota relies on tipsters to report abuses, Vinton said.

Things like spearing a large muskie don't sit well with the majority of anglers, he said.

"I'm sure they're mortified by the fact someone killed a 51-inch fish. Muskies are predominately a catch-and- release fish," Vinton said, adding the muskie seized in the raid probably weighed more than 30 pounds when it was caught.

Readers can reach Forum reporter Dave Olson at (701) 241-5555


----------



## Sasha and Abby (May 11, 2004)

Bob Kellam said:


> Father, son face charges of poaching charges
> By Dave Olson, The Forum
> Published Tuesday, February 08, 2005
> 
> Investigators seized 31 trout, a 51-inch muskie, 17 plucked ducks, 19 vacuum-packed ducks, 150 packages of deer meat and about 20 white tail deer antlers, according to court documents.


While I deplore the poaching crime comitted; I am concerned about the slippery slope of the search. When DNR officials thaw out vacuume packed fish/ducks/pheasant etc, I am sure that we all would be on the wrong side of the law.

Example: I shoot a limit of ducks; clean them and put in the freezer. I do the same thing tomorrow. (OK - work with me... I know the season is out) Legally, I can not go again until I have reduced my possetion limit.

How about this... Say I hunt two days here in SC and kill two possetion limits. If I travel to NoDak and hunt, I am breaking the law if I take one duck... :eyeroll:

Lets say that the limit on bucks is one. If you have two sets of horns, it appears that you could be in violation.

If I go again next week, and kill another limit, I could be charged for possetion limit violations. I would like to see the USFW make clear on this issue. Some states have a higher possetion limit (Alaska is 3 times daily limit). We need clarification on this.


----------



## fish&amp;hunt (Nov 4, 2004)

You would be fine if you went to ND to hunt ducks. If you buy another licnese that gives you the right now another limit of ducks from that state. So long as you properly document where they were taken from and clearly mark them.


----------



## PSDC (Jul 17, 2003)

fishnhunt,

You are dead wrong, sorry.

You are only allowed the greater limit of what state(s) you have
licenses. Just got off the phone with a CO and that was his
answer to the question. No double dipping with multiple 
licenses.


----------



## fish&amp;hunt (Nov 4, 2004)

Explain.


----------



## KEN W (Feb 22, 2002)

I believe PSDC is right.Waterfowl are federally regulated.You can't legally shoot a limit in every state just because you have a license there.You can only have 1 possession limit.


----------



## PSDC (Jul 17, 2003)

Ok fish&hunt.

Let's say you go early goose hunting in MN, and that particular
zone allowed 10 birds in possession. That is all you would be
allowed to have in the freezer at your permanent resident.
Does not matter if you have a waterfowl license in a particular
state. 10 bird max, period. Easy way around this, get the
birds processed into sticks or jerky. That is not consider 
part of your limit.


----------



## DJRooster (Nov 4, 2002)

Hey, lets not be pointing any fingers! What do you mean, "we would all be in trouble." I have never done anything wrong in 40+ years of hunting!! And I can't look you in the eye when I say that! Sounds like these guys were mutiple species poachers and to get caught this one time probably is not even close to the number of violations they have had over their careers as "hunters and fisherman" and I use thoses turns loosely. No mercy!!


----------



## PSDC (Jul 17, 2003)

Ken,

That is correct. A fews tip too make it easy on everyone.

1) What happens if I have birds left over from the previous year(s).
Answer, it is up to the hunter(s) to keep written record of the
date of harvest and proper identification in the freezer. I usually
date and identify the bird outside the freezer bag.

2) What about previous years license(s). Once again, you are
required to prove you had a license. Simple answer, I place
my old license(s) in a ziplock bag and place it in the freezer
were the game is located.

Simple solution, in the spring, what ever I have left gets made
into jerky! Great snacks when golfing or fishing!


----------



## drjongy (Oct 13, 2003)

Regardless, Minnesota knows how to deal with poachers...not like the little slaps on the wirst that North Dakota gives!


----------



## Bob Kellam (Apr 8, 2004)

drjongy

I was wondering when someone would mention that 

Agree with ya 100%

Bob


----------



## papapete (Jan 2, 2005)

I agree.....they got off light


----------



## Goldy's Pal (Jan 6, 2004)

Should have pleaded self defense. Works in Wisc...


----------

