Tim Goeman Ron Payer ethics complaint

September 3, 2003

 Commissioner Gene Merriam

500 Lafayette Road

St. Paul MN 55155

 Dear Commissioner Merriam,

 I would like to file a formal complaint against two of your staff for ongoing unprofessional conduct.  The two employees are the Director of Fisheries Ron Payer and Region Fisheries Manager Tim Goeman.

 Arbitrarily denied permit for licensed species

This first example of unprofessional conduct was in May 2001 when Mr. Goeman denied an importation/stocking permit for orangespotted sunfish (a non-indigenous Minnesota species).  The denial was for the entire facility.  He denied the permit despite these facts:  my farm was licensed for orangespotted sunfish at the time, my original ponds had been licensed for orangespotted sunfish since 1996, he personally approved the 1998 and 2001 new pond approvals for all species including orangespotted sunfish, my ponds are nowhere near the 25-year flood plain, my ponds are 17 feet above the city of Brainerd, my ponds have no connection to public water, the levee ponds built prior to 2001 maintained at least 18" of freeboard (dike above waterline),  Minnesota statute allows the licensing of ponds meeting just some of these standards for all Minnesota species, and I previously reported raising and selling orangespotted sunfish on my annual report form.

 Arbitrarily denied pond licensing

Then in July 2003 Mr. Goeman refused to license a newly built pond for all Minnesota species.  According to statute this pond should be licensed for all Minnesota species as requested.  This new pond is designed to maintain a minimum of 24" of freeboard at all times, is 17 feet above the city of Brainerd, is nowhere near the 25-year flood plain, and has no connection to public waters. 

 Arbitrary reclassification of fish species

The third and most recent example of unprofessional conduct involves the arbitrary reclassification of a local fish species (longear sunfish) as non-indigenous.  While it might be argued that the limited distribution of longear sunfish may mean that this is a naturalized species the important issue is that Mr. Goeman contradicted his previous determination of this species on May 30 2001.  Also, parts of Minnesota statute handle naturalized species similar to indigenous species.

 In August 2003 Mr. Goeman approved importation/stocking permit for longear sunfish from the same source as the fish in the 2001 approval but this time restricted the stocking to a non-indigenous pond.  This contradicts the May 30 2001 document signed by Mr. Goeman that approved the importation/stocking of longear sunfish but did not approve orangespotted sunfish solely because they are non-indigenous.  It also contradicts Mr. Goemans 1998 and 2001 new pond approvals for all Minnesota species.  I have also purchased longear sunfish from the MN DNR in the past.   They were captured in a nearby lake upstream from my farm.  The Pine River flows through the lake and then through a dam to the Mississippi River.  I have personally seen male longear sunfish guarding nests in the Pine River below the dam.  A lake near my farm also flows into the same stretch of the Mississippi River.  Thus there are NO barriers between the longear sunfish population in the lake where the DNR captured fish for me and the lake that is 2,000 feet from my farm.

 The beginning of the retaliation

In April 2001 I filed an ethics complaint against the Fisheries Research Manager Mr. Jack Wingate for giving false testimony to the legislature and about 6 weeks later Mr. Goeman started this series of arbitrary decisions that have crippled my small farm.  In any other professional setting this behavior would be cause for dismissal. 

 Fisheries Director Ron Payer supports this retaliation

I filed an ethics complaint against Mr. Payer in February 2002 for failing to stop the arbitrary actions of Mr. Goeman.  Fisheries Director Ron Payer is personally aware of Mr. Goemans continued actions and supports Mr. Goemans actions according to his August 28 2003 email so I wish to file a second formal complaint against him.   This leads me to believe that Mr. Payer may be directing the retaliation.

 Thank you for your time.  I'm sure that you have more pressing issues on your desk but I would appreciate your attention to this situation.  I believe this goes to the very heart of MN DNR credibility.

 Sincerely,

 John Reynolds

Midwest Fish and Crayfish

26385 County Road 3

Merrifield MN 56465

 cc.  Representative Dale Walz

      Senator Paul Koering

      Deputy Commissioner Mark Holsten