COMPLAINT OF UNETHICAL CONDUCT BY A STATE EMPLOYEE

Jack Wingate ethics complaint

I wish to file a formal complaint of unethical conduct on the part of Mr. Jack Wingate. On March 15^th, 2001 Mr. Wingate testified before the House Environment and Natural Resources Committee. He also distributed a briefing paper to the committee members that contains false statements and is deliberately misleading. He also distributed a copy of the briefing paper to Senator Samuelson. Contact was also made with Audubon and Fish and Wildlife Legislative Alliance. It's my understanding the MN DNR is prohibited by law from lobbying and these last two contacts seem to ignore that law.

In a letter dated September 18, 2001 to Mr. Ron Payer I provided facts that show much of what Mr. Wingate later stated was false. I contend that since Mr. Wingate was testifying before the legislature he should be aware of the facts freely available on the issue. I have provided the facts contradicting much of Mr. Wingates' testimony to the MN DNR on several occasions.

Listed below are the false and misleading statements made in the briefing paper distributed by Mr. Wingate and given in his testimony to the committee.

1. A blood test is not 100% accurate.

This is false. The blood test is 100% accurate. Flow cytometry is also 100% accurate. The possibility of error is due to human error not the blood test.

2. Grass carp harbor parasites and diseases such as Asian tapeworm that could threaten sportfish populations.

This is misleading because grass carp are no more likely to harbor tapeworms than any other fish and the MN DNR allows the importation of other fish species raised in the same ponds as the grass carp. There are also avenues to prevent Asian tapeworms from being introduced to state waters. In my September 18^th letter to Mr. Payer I informed the MN DNR that prazinquantel is 100% effective in cleansing Asian tapeworms from grass carp. I also informed the MN DNR at that time that it is possible to purchase grass carp from certified farms.

3. Grass carp can live 12 to 15 years so even if triploid, should they escape, could severely damage the aquatic vegetation, including wild rice, for many years in waters where they exist.

This is misleading because the numbers of grass carp used in small private ponds are insignificant when compared to the number needed to impact vegetation in even a small 100 acre Minnesota lake. Mr. Wingate should be aware of how many grass carp are used to reduce vegetation in small ponds.

4. Waterfowl production could be curtailed and fish populations could be reduced because of reduced aquatic vegetation.

This is misleading for the same reasons just stated in 3 and Mr. Wingate should have known this information.

5. If permitted, it is only a matter of time until grass carp are reproducing in the state.

This is false and misleading because triploid grass carp do not reproduce. If grass carp begin reproducing in the state it is because someone has smuggled in diploids. The MN DNR should be aware that grass carp have already been smuggled into the state since the state was involved in at least one case. The MN DNR should also be aware that those fish were likely diploids because triploids required documentation and diploids do not.

6. Identification of triploid fish is problematic.

Mr. Wingate should be aware that the methodology is 100% accurate. He should also be aware that each fish is tested twice. In my September 18^th letter to Mr. Payer I informed the MN DNR that the United States Fish and Wildlife Service will certify individual fish.

7. Testing for triploid grass carp has a 2.5% error rate.

This is false. Testing is 100% accurate and Mr. Wingate should know that this statement is false.

8. High likelihood the species will naturalize in waters of the state …

Mr. Wingate should know that reproduction is mandatory in order for naturalization to occur. There is no documentation that triploid grass carp have ever reproduced when crossed with a diploid except under extreme laboratory conditions and the offspring failed to survive. I provided this information to the MN DNR in my September 18^th letter. Mr. Wingate acknowledged the study in his testimony. In the letter from Mr. Ron Payer dated August 28, 2000 Mr. Payer states "We recognize that triploid grass carp theoretically are not likely to naturalize because the should not be able to reproduce."

9. High likelihood that Asian tapeworm would be spread throughout the state.

Since Mr. Wingate was testifying on behalf of the MN DNR he should be aware of information freely available and also provided in my September 18^th, 2000 letter to the MN DNR that shows this to be false.

10. Mr. Wingate also tossed out open ended statements designed to raise unnecessary fears by implying that issues surrounding zebra mussels, ruffe and Eurasian milfoil are similar to issues raised by triploid grass carp usage. These arguments are completely irrelevant to the issue at hand and were used to give a false impression of the risk of allowing triploid grass carp into the state.

I assert that Mr. Jack Wingate deliberately distributed information that he knew to be false and misleading to the House Environment and Natural Resources Committee on March 15, 2001 and Senator Samuelson.

Sincerely,
John Reynolds

Midwest Fish and Crayfish

26385 County Road 3

Merrifield MN 56465

(218) 765-3030