Cracking down on game hogs

By Doug Smith, Star Tribune

January 9, 2001

There was the group of nine ice anglers who caught 2,600 perch -- 1,700 more than their limit -- in several days of fishing on Lake Winnibigoshish.

And there was the Indiana couple nabbed with 550 crappies -- 520 more than their limit -- who authorities believe might have returned home annually with thousands of fish over their limit after spending the summer in northern Minnesota.

And, of course, there were the three Wisconsin anglers who had 48 walleyes among them -- 30 fish over their limit. Smiling, they handed over the $1,300 fine in cash to the conservation officer as if it were pocket change, then asked what many fish law violators ask: "Can we fish tomorrow?"

The answer: yes. Even flagrant fish and small game violators can go out the next day and resume fishing or hunting. That's because there is no provision in state law to seize the licenses of some game and fish hogs unless they have had two violations in the past three years.

"These guys went right back out the next day and caught more walleyes," said Department of Natural Resources conservation officer Tom Chapin of Deer River, who handled the case. "They were thumbing their nose at a system that only allows a fine."

But that might change soon.

Chapin, 54, has documented, with photos and slides, many of the cases of gross violations he has encountered in his 29-year career. When Rep. Bill Haas, R-Champlin, a lifelong angler, saw Chapin's presentation last year, he was outraged.

"It makes my blood boil," Haas said in St. Cloud last week at the DNR's annual Fishing Roundtable. "If you go to the grocery store and take something, that's stealing. This is the same thing. They're stealing from everyone in the state."

Chapin knows such violators are a minority, but he's concerned by the randomness of the gross violations he encounters. "You wonder how much is really going on out there," he said.

With Chapin's help, Haas and the DNR have drawn up a bill, introduced in the Legislature this week, that would greatly increase the penalties for gross violations of game and fish laws. Under the proposal:

Conservation officers could immediately seize hunting and fishing licenses, preventing violators from taking even more fish or game. And violators would not be able to obtain duplicate licenses.

Those convicted under the tightened guidelines could lose their hunting or fishing privileges -- or both -- for three to 10 years, which officials hope will be a major deterrent.

Officers would have more instances in which they would be required to seize equipment -- including vehicles, boats, trailers and even motor homes -- used to illegally take fish and game.

"We're trying to target the really serious gross violators, not the guy who catches 16 crappies instead of 15," said Maj. Chuck Schwartz of the DNR's Enforcement Division.

The loss of hunting or fishing privileges has been shown to be a bigger deterrent than fines or restitution. One couple Chapin cited paid a $1,600 fine for having 45 walleyes. "It didn't bother them at all. What bothered them was whether they would lose their fishing rights," Chapin said.

And the ramifications for a revoked license are growing: Minnesota is one of 10 states that have entered into a Wildlife Violator Compact, meaning that if your hunting or fishing license is revoked in one of those states, you won't be able to buy a license in any of the others.

Those states now include Arizona, Colorado, Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming. Minnesota officials expect other states to join, which could put some game hogs out of business.

A deer hunter, for example, might think twice about poaching an animal in Minnesota if it raises the possibility of canceling an elk hunting trip to Montana or Colorado, officials said.

Haas' bill creates three classifications of gross violations -- first, second and third degree -- based on the restitution values for fish and game established 10 years ago by the DNR. (The accompanying chart shows some of those restitution values.)

Third degree, a gross misdemeanor, involves taking fish or game valued at more than $500 but less than $1,500. Second degree, also a gross misdemeanor, involves taking game or fish valued from $1,500 to $4,999. And first degree, a felony, involves cases in which the restitution value exceeds $5,000.

Under all three levels, violators' licenses would be immediately suspended and seized. Third-degree convictions carry a three-year revocation of the license used at the time of the violation. Second-degree convictions carry a five-year revocation of all game and fish licenses. And first-degree carries a 10-year revocation of all game and fish licenses.

Haas' bill also increases the perch restitution value to $10 and reduces the canvasback restitution to $100.

Chapin said a lot of the gross violators he catches are nonresidents, primarily because they have a more difficult time hiding their hoard. "But it's not just a nonresident issue," he said. He knows from experience that some Minnesotans also are game hogs.

Just last week, three Twin Cities men were caught with 360 crappies -- 315 over their limit -- on a northern Minnesota lake.

Chapin is hopeful that targeting the worst offenders will send a message to other scofflaws that Minnesota values its natural resources.

Said Haas: "We're sending a message: When you go hunt and fish, you do so legally and responsibly. If you don't, you'll pay the consequences."

Doug Smith can be contacted at dsmith@startribune.com