Truck driver cited, fined for transporting zebra mussels near Winona

DNR NEWS – FOR IMMEDIATE RELEASE Feb. 17, 2015

Truck driver cited, fined for transporting zebra mussels near Winona

The Minnesota Department of Natural Resources has issued a civil citation and a $500 fine to a construction company truck driver for transporting zebra mussels.

In mid-December, Minnesota Department of Transportation (MnDOT) and contract inspectors found dead zebra mussels on a delivery of temporary sheeting materials to the Winona bridge project and reported the finding to the DNR.

“We take our role seriously, whether it’s constructing the new bridge or protecting the environment, so that’s why we investigated the presence of zebra mussels on the sheeting and researched how the materials were delivered,” said Terry Ward, MnDOT project manager for the Winona bridge.

The sheeting materials were being transported by road to Winona from the Dresbach Interchange bridge project, which is 29 miles south of Winona.

A violation occurred when materials were removed from the Mississippi River and transported over land with attached zebra mussels. It is illegal to transport aquatic invasive species and illegal to attempt to place aquatic invasive species into the water.

Had the materials been moved via the Mississippi River between the two projects, no violation would have occurred.

None of the sheeting was placed in the river at the Winona bridge project, and the zebra mussels were removed as directed by the DNR before related work continued.

The importance of removing all aquatic invasive species, including zebra mussels, is being reinforced with the project contractors. Typically, all contractors that have contracts with MnDOT have been through training and are aware of aquatic invasive species regulations and protocols.

More information about zebra mussels, how to inspect boats and other water-related equipment, and a current list of designated infested waters is available on the DNR website at http://www.mndnr.gov/ais.

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There you have it. The precedent is set, the fine is $500.

You can be charged two different ways, civilly or under the invasive species act. If I remember right, under the invasive species act, the fine starts at $1000, so the co gave him a break.

This fine is ridiculous! How in the hell is a truck driver supposed to have the first clue about invasive species?

Angler II wrote:

This fine is ridiculous! How in the hell is a truck driver supposed to have the first clue about invasive species?

Many working in the DNR don’t have a clue so I don’t see it as a stretch to expect every man, woman & child nationwide to know.

In mid-December, Minnesota Department of Transportation (MnDOT) and contract inspectors found dead zebra mussels on a delivery of temporary sheeting materials to the Winona bridge project and reported the finding to the DNR.

In my twisted mind DEAD is the issue. There wasn’t anyway he could have SPREAD them…but still broke the law.

Even if they were alive they were going back into the Mississippi…and had they traveled by boat, it would have been legal.

If we (our State Representatives) feel zebs are that bad, we sure have a lot of law fixing to do

This is a great example of WHY we as Sportsmen & Women need to show up in St. Paul at Hearing, along with calling & writing our State’s elected officials.

1st they were moving Sheet Piling from the Mississippi River at the Dresbach Bridge to the Mississippi River at Winona for that new bridge. If they had been moved by barge on the river, that woould have been legal.

2nd, the Zebra Mussels were DEAD!

What is a DEAD Zebra Mussel going to do to the Environment?

You can find links here for the Minnesota State Legislature.
http://www.leg.state.mn.us/

I’ll post a list of Outdoors related Bills later.

My thinking now is we need to group together, start a PAC (Political Action Committee), Hire a Lobbyist and speak LOUDLY for our Rights and those of our Children and Grand Children or they won’t have anyplace to fish and hunt without breaking some STUPID LAW!

Didn’t there used to be a edit feature??? Now I remember, they can charge you civilly or under the invasive species act which is a criminal act which can carry a jail sentence.

Brian Klawitter wrote:

In mid-December, Minnesota Department of Transportation (MnDOT) and contract inspectors found dead zebra mussels on a delivery of temporary sheeting materials to the Winona bridge project and reported the finding to the DNR.

In my twisted mind DEAD is the issue. There wasn’t anyway he could have SPREAD them…but still broke the law.

Even if they were alive they were going back into the Mississippi…and had they traveled by boat, it would have been legal.

If we (our State Representatives) feel zebs are that bad, we sure have a lot of law fixing to do

I agree with them being dead. I think I would fight it and base my argument on I was NOT transporting Zebra mussels, I was only transporting dead carcasses. The laws certainly have in other issues, recognized the difference between a living body and a corpse.

While I agree the law is stupid, the contractor did take a class in invasive species and signed a contract with the state.

MNDOT said “Typically” they take a class. I’ll bet if he did, the “class” didn’t address dead zebs.

And I’m afraid Carroll’s correct.

We are going to be bitching on line for a very long time if “we” (you AND I) don’t start sharing our displeasure with the people that matter.

I need email addresses.

First start with Sen.John Marty:
652-296-5645
http://www.senate.leg.state.mn.us/members/member_emailform.php?mem_id=1035&ls=

Chair of the Environment and Energy committee.
He has 2 repealer bills on his desk that he is sitting on. He needs preasure put on him big time to set a hearing. He had no problem setting a hearing on a revisory bill on this law, by the way to those that may not know passed in committee.
We know where his mindset is now so put the preasure on him!!!

Without a hearing we are dead in the water and Sen.John Marty is the one who decides on what bill gets a hearing at his own discretion.

2 more numbers to put preasure on

Committee Administrator:Barb Jacobs(651) 296-2962

Legislative Assistant – Chair:Hannah Pallmeyer(651) 296-5645

Seems to me you guys need more stickers and certifications up there to be granted the right to fish.

Hater.

Hand these out to your favorite committee members

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I cant tell you how much safer I feel knowing they made this significant bust.
The unmitigated gall of that truck driver!

Maybe the truck driver should of went up the Wisconsin side. LOL

gordonk wrote:

it should be out of the fee being paid to the contractor by the state.

Yep! We are paying for it one way or another

Brian Klawitter wrote:

In mid-December, Minnesota Department of Transportation (MnDOT) and contract inspectors found dead zebra mussels on a delivery of temporary sheeting materials to the Winona bridge project and reported the finding to the DNR.

In my twisted mind DEAD is the issue. There wasn’t anyway he could have SPREAD them…but still broke the law.

Even if they were alive they were going back into the Mississippi…and had they traveled by boat, it would have been legal.

If we (our State Representatives) feel zebs are that bad, we sure have a lot of law fixing to do

This scenario is a very good example of why the law needs to read “it is illegal to SPREAD AIS”. As is now the case, the word TRANSPORT makes this guy and countess others guilty of anything but the intent of the law…prime example.

Im sure the COs were just lurking in the weeds waiting for a truck to pull out with these pieces… The DNR was aware of the zebs on these pieces unless they are always checking big rigs for AIS.. I wonder how much effort went into bringing it to the construction workers attention.. Its probably noted in the 3000 page spec book somewhere, but nobody sees that but the suit & ties…

I’d like to see it fought on the arguement that since all the mussels were dead, he wasn’t actually transporting “AIS” (he was transporting “what used to be” AIS, but was no longer AIS once it was dead)

They did not want”Dresbach strain zebs”competing with”Winona strain zebs”.Now they have the extra expense of washing equipment that will go back into the same water?It is the same contractor doing both bridge projects.

I wonder how much dredge spoils are transported from the river in MN?Here on the WI side,it is a steady flow of dump trucks transporting dredge sand from Trempealeau to LAX county and more.I guess it would be illegal for one of those trucks to cross the border into MN?

Call the DNR TIP Line. That will set a few people on their AIS!

milemark_714 wrote:

They did not want”Dresbach strain zebs”competing with”Winona strain zebs”.Now they have the extra expense of washing equipment that will go back into the same water?It is the same contractor doing both bridge projects.

I wonder how much dredge spoils are transported from the river in MN?Here on the WI side,it is a steady flow of dump trucks transporting dredge sand from Trempealeau to LAX county and more.I guess it would be illegal for one of those trucks to cross the border into MN?

With the law wording using “transporting” as the key element, this above example among countless others are illegal. Are the truckers hauling harbor dirt/water every spring in various directions illegal at Lake Mille Lacs? LOL They are NOT “spreading” AIS but they sure are “transporting” it…so who or what is the legal line that needs to be crossed before a ticket is written? Is a dump truck different than a boat? The truck could, potentially, just because it is on the road moving ( like my boat heading home from the lake?), dump the stuff into another waterway of sorts–right?

Change the law wording from “transporting” to “spreading” and all the above is a non-issue among countless other scenarios that do NOT break the intent/spirit of the AIS laws that are in place to keep from infesting non-infested waterways.

It just might take one of these trucking outfits to get tagged and challenge the wording vs. the intent of the law –which is obviously geared toward not SPREADING AIS.

BK is right! Call TIPS!! lol