While I was looking up who voted on our popular drain plug law, I came across this.
Doesn’t matter if there’s AIS in your boat or even IF there’s water in your boat. Guilty…
OAH 11-2000-22841-2
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF NATURAL RESOURCES
In the Matter of the Appeal of the
Invasive Species/Infested Waters
Citation Issued to Donald James
Diedrich; Citation No. 129312
FINDINGS OF FACT,
CONCLUSIONS AND
RECOMMENDATION
This matter came on for a Prehearing Telephone Conf
erence before
Administrative Law Judge Barbara L. Neilson on Augu
st 14, 2012. Conservation Officer
Adam Block participated in the Conference on behalf
of the Department of Natural
Resources (DNR). Donald J. Diedrich participated o
n his own behalf. The parties
agreed that no formal hearing would be needed and t
hat the Administrative Law Judge
could make a recommendation based on the record cre
ated during the Prehearing
Telephone Conference. The OAH record closed at the
conclusion of the conference
call on August 14, 2012.
STATEMENT OF ISSUE
The issue presented in this matter is whether Donal
d J. Diedrich was properly
issued a civil citation under Minn. Stat. §84D.10,
subd. 4(b),
1
on May 12, 2012, for
transporting his watercraft with the drain plug in
place.
The Administrative Law Judge concludes that Mr. Die
drich violated Minn. Stat.
§ 84D.10, subd. 4(b), on that date, and recommends
that the Commissioner affirm the
Citation.
Based on the proceedings herein, the Administrative
Law Judge makes the
following:
FINDINGS OF FACT
1. On May 12, 2012, Donald J. Diedrich transported
his boat from his home
with the drain plug removed. He stopped to pick up
a friend at the friend’s home, which
is located two blocks away from Prior Lake. They p
roceeded to the Sandpoint public
access on the north side of Prior Lake. At some po
int during the ride to the access, Mr.
Diedrich’s friend (who was riding in the boat) put
the boat’s drain plug in place.
2
1
Unless otherwise noted, all citations to Minnesota
Statutes are to the 2011 edition.
2
Test. of Donald Diedrich.
2
2. Conservation Officer Adam Block was on duty at t
he Sandpoint public
access on Prior Lake on May 12, 2012. From his pos
ition, he could monitor vehicle
traffic on Carriage Hill Parkway, which is a public
road near the access. Officer Block
issued citations to individuals who he had observed
traveling on Carriage Hill Parkway
and entering the public launch area pulling watercr
aft with drain plugs in place.
3
3. At approximately 6:00 p.m., Officer Block saw Mr
. Diedrich’s pick-up truck,
which was pulling a red Lund boat, enter the public
access from Carriage Hill Parkway.
At no time while Officer Block was watching Mr. Die
drich and his boat did anyone put
the drain plug into the boat. The plug was in plac
e in the boat from the time it left the
public road until it entered the public access.
4
4. Officer Block issued Mr. Diedrich Civil Citation
No. 129312. The citation
assessed a $50 penalty for transporting watercraft
with the drain plug not removed.
5
5. Mr. Diedrich filed a timely appeal of the citati
on.
Based on the Findings of Fact, the Administrative L
aw Judge makes the
following:
CONCLUSIONS
1. This matter is properly before the Administrativ
e Law Judge and the
Commissioner of Natural Resources pursuant to Minn.
Stat. §§ 14.50 and 116.072,
subd. 6.
2. Minnesota Statutes § 84D.10, subd. 4(b), states:
“Drain plugs, bailers,
valves, or other devices used to control the draini
ng of water from ballast tanks, bilges,
and live wells must be removed or opened while tran
sporting water-related equipment.”
3. DNR Conservation Officers are authorized to issu
e warnings or citations to
a person who violates Minn. Stat. § 84D.10, subd. 4
(b), by failing to remove plugs from
water-related equipment before transporting that eq
uipment.
6
4. Pursuant to Minn. Stat. § 84D.13, subd. 8, an ap
peal of a civil citation shall
be considered under the procedures in Minn. Stat. §
116.072, subd. 6, if the person who
received the citation requests a hearing within 15
days after receipt of the citation. Mr.
Diedrich filed a timely appeal and request for hear
ing.
5. The Department has substantiated the violation
and Citation.
6. It is appropriate that the Commissioner affirm I
nvasive Species Civil
Citation No. 129312 and require Mr. Diedrich to pay
a $50 fine for violating Minn. Stat.
§ 84D.10, subd. 4(b).
3
Testimony of Adam Block.
4
Test. of A. Block.
5
Test. of A. Block; Civil Citation No. 129312.
6
See Minn. Stat. § 84D.13, subd. 4(4).
Plug goes in when you unhook the straps 
Guilty.
after all, if they insist I’m carrying (or capable of) AIS I should be able to insist they inspect everything for my own protection.
)
