On Mn Statute 86B.13

Bob BohlandBob Bohland Blog – The Minnesota Legislature passed a law involving invasive species that goes into effect January 1, 2015. While many elected official may think that something like this is the solution to the problem, the problem lies in the fact that elected officials know little to nothing about biology. Granted, there may be a few representatives that have a biology background, perhaps even fewer that have an environmental background, however, the majority voted on this (whether their vote be yay or nay) based on constituent feedback or even worse, political motivation.

So, here I sit, bored with nothing to do, and more than willing to pick apart every single part of this bill. And, it is just that, political legislation, not designed by biologists from the Minnesota Department of Natural Resources, but from elected officials. The same elected officials that just want it to appear that they are doing something, whether it be the right thing or not, to their constituents.

Here is the entire bill as it pertains to Minnesota law, effective January 1, 2105 with my notes beneath the subdivisions:

86B.13 A86B.13 AQUATIC INVASIVE SPECIES PREVENTION PROGRAM.

Subdivision 1.Establishment. The commissioner shall establish a statewide course in preventing the spread of aquatic invasive species. The commissioner must develop an educational course and testing program that address identification of aquatic invasive species and best practices to prevent the spread of aquatic invasive species when moving water-related equipment, as defined under section 84D.01, subdivision 18a.

Of note, while the current commissioner (Tom Landwehr) is a fantastic individual for the position and has done more than his share of good for Minnesota’s natural resources, the commissioner’s office is politically appointed. While I am not entirely sure, at this time, what a better way to appoint a natural resources head would be; the fact that an elected official has the ability to put any chrony in charge of the most valuable thing the state of Minnesota has scares the hell out of me. The potential abuse of this power should concern everyone that hunts, fishes, or uses our public lands.

Subd. 1a.Training for offenders. A person who is convicted of or subject to a final order for a violation of chapter 84D involving water-related equipment must successfully complete the training course in subdivision 1 before continuing operation or use of water-related equipment.

So, the only fine/sentence for not complying with the law that requires you to take such a class and place a decal on your trailer would be to demand you take the class and place a decal on your trailer?

This is the equivalent of the police pulling someone over that does not have a driver’s license and then telling them that they need to go take a course to get a driver’s license. There is no bite in this law. Unless you are willing to punish the people that break this law, there is not a single person that will abide by it.

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