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AIS Inspection Statute


wkngmomof2

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I did some searching on the Minnesota Statute website this morning and this is what I found, talk about Ambiguous..... You better not boat when it's raining or have a boat on the roads... The best way to handle this would probably be to get a petition going and point out the problems with the way this reads and then send it in to our the appropriate people who can change the statute.... We need to show that we understand and comprehend the reasons for this but also need to point out the problems with what's currently in place. I think it may be our best chance to have this remedied. Maybe I'm naive, but this may be worth a try.

https://www.revisor.mn.gov/statutes/?id=84D.105&year=2011

It also seems that waterfowl hunters may be immune to some of the statute?????

https://www.revisor.mn.gov/statutes/?year=2011&id=84D.10#stat.84D.10

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Great post. I agree with you 100% as this is about the only way to address ones concerns with the laws.

I have agreed all along like many others that we need to have the DNR overlook our resourses and make sure we have something for the future.

I have had no problems with this AIS program at the get go but it sure seems this is getting totally out of control right along with the closing of boat landings by some Lakeshore assc's.

The only hope one does have is to see if things can get changed come the next legislative session next Jan as I doubt the DNR can chnage a thing without thier approval.

Then I would guess a group would have to get together and have one of the group contact thier state rep and see if they would be willing to work with us to get a proposal together to present to the Legislature and see if something can be done to make this a much more sensible law or program. The group could then work through that person and State Rep.

It would take some members from every area of the state to go out and get petitions signed and a few suggestions or a proposal for a better way to try and implement this AIS program. Then all of those suggestions could come back to a core group and presented to the State Rep we would work with or through.

If there is noone that would be willing to grab the bull by the horns, I would surely take a stab at it and work through my State Rep and Senator.

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Thanks Harvey,I would have volunteered, but already have too many irons in the fire right now with a new job, two active boys, and upcoming surgery..... You could even set up on online petition....

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Quote:
or a private location where the watercraft or water-related equipment is in plain view, if the officer determines there is reason to believe that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or water-related equipment.

This is part of the wording I have a problem with. Scenario is, It basicly states setting in your driveway or yard where a CO can see it, it rains, boat fills with water, they can write ticket, 9/10 of the law is interpretation by the individual.

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Minnesota Statutes:

84D.01, 84D.05, 84D.07, 84D.09, 84D.10, 84D.105, 84D.108, 84D.13, 86B.811,

Minnesota Rules:

6216.0250, 6216.0260,

Sorry if any of it is out of date. These were up to date this Spring.

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if you look at the following statue how can they have the power to check in livewell for water.

https://www.revisor.mn.gov/statutes/?id=86B.801

this clearly says they CAN NOT enter(board) a boat to do a inspection. I read this as they would be in viloation of this if they were to look in livewells for water since they would have to enter(board) the boat to do so. now the gray area is with boats like mine where you can open the livewell to check for water from out side the boat when you are standing by it when it is on the trailer. this to me would still be entering/boarding the boat since the invisible plane that determines the interior and extrior of the boat would have to be passed thru thus they technically entered/boarded your boat. It would be interesting to see how a judge would rule on this if they cited someone for water left in the livewell even after draining it.

based on them not being able to enter the boat to do inspections would it be a violation of this if they made you remove your cover so they could inspect inside the boat. I feel it would but would like to see how a judge would rule on this.

to me there is alot of things with all the AIS stuff that can be challenged in court.

I don't have issues with them looking for ways to control AIS but there is a point where they go to far and start to violate peoples rights.

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Good point Brad! I havent used my livewells all year, in fact, I am probably going to just seal them off, and use them as dry storage, since i put my bait in a cooler any how. I think they need to ask you to open the livewell, and if you dont, in order for them to see in there, they need to get a warrant. Especially is it is locked. Although, they may be able to deny access on a lake if you dont show them, from what I read of the laws.

But this is just my opinion, and I have been wrong in the past.

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a follow up to my other post here.

I looked at statue 84d.105 that deals with inspection of "water related equipment". according to this, compliance is a express condition of operating and transporting "water related equipment". I think this statue would be unenforcable do to statue 86b.801 which states they CAN NOT board (enter) a boat to do a inspection. they could not possibly inspect a live well or bilge area with out boarding the boat.

here is the statue :

https://www.revisor.mn.gov/statutes/?id=84D.105

on a side note here is the latest article on invasive in the star &tribune :

http://www.startribune.com/sports/outdoors/163291206.html?page=all&prepage=1&c=y#continue

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It does not seam as if the DNR would like to have any support from outdoors people. The way this has happened and some of the comments, "he should have used a sponge" are just ridiculous and unprofessional. I don't know the answers to all problems, but this is not going to end well for the DNR and their legislative prowess. Legislators will remember that they asked for this and totally dropped the ball on its implementation and will hesitate to give power again.

Simple1

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It is going to be almost impossible to reverse this. You cant get the tooth paste back in the tube.

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It is going to be almost impossible to reverse this.

That may be true, but with the election coming up, we can get our new legislators to word it differently to make it a better law that is more easily understood and more uniform, the way it should have been in the first place.

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It can never hurt to try and get the law a bit more user friendly.

I will say this, it will take alot of people within the state to have any chance of turning some of this around. A few will not make any difference.

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all they [DNR and leglislature]need to do is perform the inspections at the landings and spend the rest of the money used for other methods of inspections now used on more research. good luck.

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Quote: "we can get our new legislators to word it differently to make it a better law that is more easily understood and more uniform, the way it should have been in the first place."

10,000 comedians out of work and you're making jokes.

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Like the earlier post said, "pretty hard to get the toothpaste back in the tube" cats out of the bag on this issue and the only way I can see of making any kind of change is to fire them all (DNR/Legislature) and start over. I'm all for protecting out resources, I've been fishing and hunting in this state since I was a small child and am more than a little passionate about it..probably a spent heck of a lot more time on the water and in nature then any of the brain trust that came up with this whole plan..I would love to volunteer for anything to change the laws, implementation, stopping the crimilization of enjoying the outdoors and being viwed as guilty till proven innocent by the law enforcement, Lake Shore Associations.

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It is going to be almost impossible to reverse this. You cant get the tooth paste back in the tube.

But one can to try and stop the tube from leaking any more. If everyone says no we cannot do anything about it, then nothing will happen for sure.

Typically the squeeky wheel gets the grease.

Have to remember one thing "Winners never quit and quitters never win".

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Tom, I am a whiner, not a leader when it comes to politics. You set up a good plan, I will support it, and help out, but I aint going to lead it.

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WE can all whine at some time about something Scott. It's human nature.

I totally understand where you are coming from as I use to think exactly the same.

There have been a few things over the years that bothered me enough that I told myself I had to grab ther bull by the horns to resolve soemthing or nothing would change.

Can that back fire and not work, off course but I at least knew that I gave it my all to try and make a difference.

I also understand there are those who would rather not lead or get that involved and that is also fine as it takes all kinds to make something happen.

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