July 26, 2002

 Dear sub-Committee members;

 In 2001 I needed additional orangespotted sunfish breeders for a 10,000 fish order so I applied for a permit to import/stock orangespotted sunfish (species code OSS) into ponds licensed by the MN DNR for all species including orangespotted sunfish.  My usual price for this fish is $1.50 each but since the customer was ordering so many I was going to reduce the price to $1.00 each.  The permit was arbitrarily denied causing the loss of a $10,000 order.  I also turned down a $300 order and since the permit was denied I did not actively search out more orders. 

 All of my ponds except one temporary pond were unconditionally licensed by the MN DNR for all species including orangespotted sunfish.  I have raised orangespotted sunfish in some of those ponds since 1996.  I reported buying orangespotted sunfish on my annual purchase/sale report form in 1995.  I reported selling orangespotted sunfish on my annual purchase/sale report form in 2000.  The Fisheries has never said that I was prohibited from raising orangespotted sunfish in the ponds they licensed for them.  That is, until shortly after I filed an ethics complaint against the Fisheries research manager for giving false testimony to the legislature.  Then on January 8, 2002, seven months after denying the permit the MN DNR added conditions to my 2001 license to validate the permit denial.

 The arbitrary and capricious decision to deny the permit has cost my small farm a substantial amount of money.  It also forced the postponement of building more ponds by at least one season.  So in addition to losing the orders in 2001 I will also lose the production from those unconstructed ponds in 2002.

 Thank you for your consideration of this matter.  If I can provide additional information please contact me at (218) 829-7974 8-4 PM and (218) 765-3030 evenings and weekends.

 Sincerely,

 John Reynolds

Midwest Fish and Crayfish

26385 County Road 3

Merrifield MN 56465

 Attached please find: 

bulletPermit denial.
bulletCommunications with the Regional Fisheries manager.
bulletCommunications with the Director of Fisheries.
bulletCommunications with the Commercial Fisheries Program Consultant.
bulletNew pond approvals for all the ponds in Section 19 of Center township.
bulletLicenses for years 1996 to 2001.
bulletJanuary 8, 2002 amended 2001 license.
bulletMap showing pond location is out of the 500-year flood plain.
bulletDNR report forms showing purchase and sale of orangespotted sunfish.
bulletApril 16, 2001 ethics complaint against the Fisheries Research Manager.
bulletFebruary 19, 2002 ethics complaint against Director of Fisheries for allowing his staff to violate license. 
bulletFebruary 14, 2002 letter to Commissioner Garber to try to get this issue resolved before filing this complaint.
bulletMay 23, 2002 letter to Deputy Commissioner Morse following his request for information.
bulletTimeline of harassment. (dates may be slightly off).
bulletEmail from Ms. Bonde stating that Commissioner Garber investigated the ethics complaint against Mr. Wingate.
bulletPhotocopy of 3/30/01 phone order for up to 10,000 Orangespotted sunfish (OSS). (I can provide you with customer phone number but NOT if Fisheries will have access to his number).

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