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July 4, 2001
Mr. Ron Payer, Director, Division of Fisheries 500 Layfayette Road St. Paul MN 55155-4012 Mr. Payer, You have stated several times that you are aware of my communications with the fisheries division so I must assume that you are now aware of the arbitrary and capricious decisions made by fisheries staff concerning my fish farm. I am referring to the denial of a permit to stock orangespotted sunfish into a pond that has been approved for that species since at least 1997. The non-indigenous portion of my license states - "APPROVED WATERS- NONINDIGENOUS SPECIES/STRAINS. Ponds listed are approved for the species listed below, provided the original source of fish is from Minnesota or contiguous states and provided that the walleye reared in waters north of Minnesota Highway 210 originate from Minnesota stocks north of Highway 210. Fish which do not meet these requirements may be held only in waters approved for non-indigenous species." Orangespotted sunfish is one of the species listed for those ponds. This is the reason given for denying the stocking of orangespotted sunfish. " Orange-spotted sunfish are nonindigenous in the watershed where your ponds are located. In the past they were allowed on your license because you were raising them in an enclosed facility and/or above the 25-year flood plain. These conditions do not apply for your newest ponds. The potential for escape of a nonindigenous species into a watershed is the basis for denial of orange-spotted sunfish at your facility. Transport, import, and stocking of nonindigenous species is always subject to a case-specific review, and the mere presence of this species on your license does not imply blanket approval to stock these fish at any time. Roy Johannes in St Paul can verify this information for you, if necessary. Tim Goeman, Regional Manager DNR Fisheries" So in other words I am being denied a permit to stock a non-indigenous species into ponds licensed for that species of non-indigenous fish because it is non-indigenous! This effectively voids a license I have held since 1997. This is the same regional manager who solicited money from me for a retirement party for the ex-area fisheries manager. Would things be different if I had contributed? I don't think so but it does raise questions. I also have evidence there is an attempt to find a reason to re-license my ponds as unsuited for non-indigenous fish. I contacted Ron Morreim (sp) in the Waters Division and he said there was talk about determining whether the ponds are in the 25 year flood plain. Before mortgaging my home to build the 5,000 feet of dike I was told by the DNR that the property is NOT in the 25 year flood plain. Does filing an ethics complaint against a staff member move a flood plain? Is this retaliation coming from the regional manager or is this being directed by the top? Nothing on the permit application said anything about stocking the orangespots into my newest ponds so Mr. Goeman had no way of knowing if the fish were to be stocked into those ponds or the ponds that the DNR licensed for orangespotted sunfish since 1997. For the record, when I sent in the new pond paperwork 4 years ago I requested that they be licensed as non-indigenous ponds and be licensed for all the fish that are listed on the experimental ponds. Upon reviewing my licenses after receiving this denial I find that the DNR has neglected to add those ponds to my license for some unknown reason. I don't believe this was a deliberate action on the part of the DNR but it does concern me that an oversight on the part of the MN DNR will be used as an opportunity by the region chief to attempt to eliminate the non-indigenous licensing. This arbitrary and capricious decision has cost my farm in excess of $10,000 in lost sales because it is too late to correct this matter in time to find fish and get them to spawn. I now have to contact a customer and explain why I can't deliver the fish I promised this fall. What is the division going to do to rectify this situation? Sincerely, John Reynolds Midwest Fish and Crayfish 26385 County Road 3 Merrifield MN 56465 cc. Commissioner Allen Garber Brad Moore Steve Morse Representative Walz Senator Samuelson Dennis Anderson Rob Drieslein |