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[Tom7227]

I was a prosecutor in Saint Paul for many years. Two things.

First the maximum fine is $1,000 for a misdemeanor, $300 for a petty misdemeanor. https://www.revisor.mn.gov/statutes/?id=609.02

Certain violations are included in the "payables list", a list of what the fines are for a large number of violations. The list for DNR violations can be found at http://www.mncourts.gov/?page=1774 and then by clicking on the DNR section. Typically you can simply go to a violations bureau and write a check for something on the payables list.

I did that and I found that transporting an aquatic macrophyte has a fine of $50 plus a surcharge of $75. I'm not sure but I suspect that zebra mussles are macrophytes.

Secondly, in the multiple thousands of cases that I prosecuted I NEVER had a case where someone had to pay the maximum fine. Never.

So I think the CO was wrong about the fine and I am pretty sure that the ND guy won't be writing a check for $500.

I've been retired for 6 years and so maybe I am out of date and wrong. If someone has better info please share it.

[harvey lee]

I would agree that the fine was a bit excessive but, if they make some exceptions for whatever, where does that stop?

So, they let him go and now they have set a presedent that they are some ways that one cannot be fined. Nice mess now as a whole new bunch of situations will arise.

It's a tough call for sure but how many exceptions does one make to let someone go for not knowing the laws?

[Down Deep]

Harvey you make a great point that I pretty much agree with, but the laws and enforcement rules have been so confusing that law enforcement doesn't even have a clear understanding about how to enforce AIS rules.

First stickers were required, then stickers were not required. This summer I encountered, on two different occasions, DNR enforcement officers patrolling the ramp I was using. One told me that I had to put the plug in the boat as the last thing I did before the boat hit the water, and the other said it was OK to put it in while waiting in line that the law applied to the transport of the boat. So what the heck am I or anyone else supposed to do?

Now I hear I have to take an internet test to comply with AIS rules, but some Twin Cities legislator later stated that those rules are far from being cast in stone and need refining. When the requirements for compliance get ironed out, then I think its time to levy fines. I think that when the next MN legislative session starts in 2013 our representative are going to get an ear-full from the fishing community.

There is nothing wrong for a period of public education and warnings before the hammer comes down.