February 17, 2004
Mr. Johannes,
I finished reviewing the 2004 license renewal.
As expected it is incorrect on numerous counts. I will list them.
1. The mussel species I requested in 2001 still have not made it to my
license. According to Minnesota statute 15.99 (see below) you had 10 days
to ask for additional information or 60 days to approve or deny the
request. Once the 60 day period expired the license amendment was
automatically granted. Either provide me with dated documents showing the
license renewal as received is in compliance with state statute or add those
species to my license immediately. See #4.
2. The turtle species I requested in 2001 still have not made it to my
license. According to Minnesota statute 15.99 (see below) you had 10 days
to ask for additional information or 60 days to approve or deny the
request. Once the 60 ! day period expired the license amendment was
automatically granted. Either provide me with dated documents showing the
license renewal as received is in compliance with state statute or add those
species to my license immediately. See #4.
3. The list of non-indigenous species is missing many species. They
are: GRR, FRD, FHD, HBG and SPG.
4. The list of non-indigenous species has undefined species. They are:
BDD, BKF, BNM, BNS, LSR, RFS, RVD, SKM, SLD, STK, TKS, GOF. I will assume
these codes contain the missing mussel and turtle species.
5. The ponds on the east side of the road continue to be licensed for
indigenous species only. Those pond additions were approved personally by
Mr. Goeman in 1998 and 2001 for ALL species in accordance to Minnesota
statutes. They are not at risk for flooding as Mr. Goeman states according
to the 1996 document from! Mr. Feiler to Mr. Hirsch and according to the
laws of physics. They are also not at risk for overflowing from rainfall as
Mr. Goeman stated as his revised excuse for the illegal permit denial. They
have no permanent connection to public water and they have no temporary
connection to public water. This puts them in compliance with Minnesota
state statute which allows licensing for ALL species. Either provide me
with dated documents showing the restricted license complies with state
statute or license for ALL species immediately.
6. ALL of my ponds are designed for aeration so they need to be licensed
for aeration.
7. The license renewal does not list the aquariums in my home that Mr.
Goeman insisted I add to my license. When you add my home aquariums be sure
to include the ENTIRE legal description of my property that Mr. Goeman
insisted on receiving. Use extra pages if necessary. Be sure to license
those 10 gallon aquariums for ALL species. Also, be sure to l! icense them
for aeration.
Notice to Mr. Payer and Mr. Hirsch: You are both now aware of this
situation and if you fail to instruct your staff to comply with Minnesota
state statutes and make ALL of the necessary corrections to my license I
will file another ethics complaint against each of you. It will be added to
my website.
Sincerely,
John Reynolds
Midwest Fish and Crayfish
26385 County Road 3
Merrifield MN 56465
Minnesota Statutes 2001, Table of Chapters
Table of contents for Chapter 15
15.99 Time
deadline for agency action.
Subdivision 1.
Definition. For purposes of this
section, "agency"
means a department, agency, board, commission,
or other group in
the executive branch of state government; a
statutory or home
rule charter city, county, town, or school
district; any
metropolitan agency or regional entity; and any
other political
subdivision of the state.
>
Subd. 2.
Deadline for response. Except as otherwise
provided in this
section and notwithstanding any other law to
the contrary, an
agency must approve or deny within 60 days a
written request
relating to zoning, septic systems, or expansion
of the metropolitan
urban service area for a permit, license, or
other governmental
approval of an action. Failure of an agency
to deny a request
within 60 days is approval of the request. If
an agency denies
the request, it must state in writing the
reasons for the
denial at the time that it denies the request.
Subd. 3.
Application; extensions. (a) The time limit
in subdivision 2
begins upon the agency's receipt of a written
request containing
all information required by law or by a
previously adopted
rule, ordinance, or policy of the agency. If
an agency receives
a written request that does not contain all
required
information, the 60-day limit starts over only if the
agency sends notice
within ten business days of receipt of the
request telling the
requester what information is missing.
(b) If an action
relating to zoning, septic systems, or
expansion of the
metropolitan urban service area requires the
approval of more
than one state agency in the executive branch,
the 60-day period
in subdivision 2 begins to run for all
executive branch
agencies on the day a request containing all
required
information is received by one state agency. The
agency receiving
the request must forward copies to other state
agencies whose
approval is required.
(c) An agency
response meets the 60-day time limit if the
agency can document
that the response was sent within 60 days of
receipt of the
written request.
(d) The time
limit in subdivision 2 is extended if a state
statute, federal
law, or court order requires a process to occur
before the agency
acts on the request, and the time periods
prescribed in the
state statute, federal law, or court order
make it impossible
to act on the request within 60 days. In
cases described in
this paragraph, the deadline is extended to
60 days after
completion of the last process required in the
applicable statute,
law, or order. Final approval of an agency
receiving a request
is not considered a process for purposes of
this paragraph.
(e) The time
limit in subdivision 2 is extended if: (1) a
request submitted
to a state agency requires prior approval of a
federal agency; or
(2) an application submitted to a city,
county, town,
school district, metropolitan or regional entity,
or other political
subdivision requires prior approval of a
state or federal
agency. In cases described in this paragraph,
the deadline for
agency action is extended to 60 days after the
required prior
approval is granted.
(f) An agency
may extend the time limit in subdivision 2
before the end of
the initial 60-day period by providing written
notice of the
extension to the applicant. The notification must
state the reasons
for the extension and its anticipated length,
which may not
exceed 60 days unless approved by the applicant.