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Man charged under new invasive species rules [UPDATED]
Published 10:41am Friday, December 30, 2011 Updated 10:47am Friday, December 30, 2011A Fargo man was charged on Dec. 21 in Otter Tail County with a crime that is one of the first of its kind in Minnesota.
George Joseph Wynn, 54, is charged with transferring water equipment with invasive species attached, a misdemeanor. Previous statutes only allowed prosecution if the invasive species was attached to a trailer or watercraft, but Wynn allegedly qualified for prosecution under the new rules because he was transporting a boat lift with zebra mussels on it.
The Minnesota DNR began investigating Wynn on Sept. 17, when he allegedly moved his zebra mussel-infested boat trailer out of Rose Lake, near Vergas, and took it to Spirit Lake Resort, court records state.
Wynn is thought by the investigating DNR conservation officer Christopher Vinton to be the source of Rose Lake’s zebra mussel infestation. Though Wynn is being charged for transporting the trailer out of the lake, Vinton allegedly learned during his investigation that Wynn probably purchased the trailer from someone who had it in the water on Lake Lizzie, a lake known to have zebra mussels. In July, Wynn allegedly approved its transfer to Rose Lake – a lake thought at the time to be uninfested by zebra mussels.
“The most appropriate charges are transporting after the lift came out of (Rose) Lake,” said Vinton, explaining that he could never pinpoint exactly who sold the trailer to Wynn. However, in the DNR’s treatment of Rose Lake to attempt to kill the zebra mussels there, the area near where Wynn’s lift was is being treated as the point of introduction.
Court records report that when Wynn and another man took the trailer out of Rose Lake on the 17th, the other man saw that the trailer was “covered” with zebra mussels and recommended that Wynn call a DNR conservation officer. However, Wynn allegedly declined and transported the lift away.
When conservation officers searched the area near where the boat lift had been, they found zebra mussels on vegetation and a nearby dock. This fall, the DNR treated the lake to try to kill the zebra mussels before the infestation spreads – to the rest of the lake and downstream to other lakes on the Otter Tail River.
Wynn’s case is the first time the new rule violations have been prosecuted in Otter Tail County, said Assistant County Attorney Heather Brandborg, lead prosecutor on the case.
“(The legislation) is a good start,” said Jeff Stabnow, President of the Otter Tail County Coalition of Lake Associations. He added that he would like to see invasive species laws with more teeth and stricter penalties, and he hopes that people who see violations, whether they’re intentional or unintentional, do something to stop them.
“It’s the most critical message that we can make right now,” he said. “Just continue to be vigilant on all (water equipment).”
Vinton is happy for the new legislation, but he said some of the laws still need some kinks worked out of them.
“We’re learning as we go with these new laws and what works best,” he said.
He added that laws can only go so far.
“It’s going to be up to the individual to slow this down,” he said. “I find the compliance to be very good. People don’t want to be (known as) the angler who introduced zebra mussels to a lake.”
This man should not only be charged with the crime but also be charged the fees for the clean up as well. The cost of this should not be the responsibility of the MN DNR or the MN tax payers and outdoors men and women that support the DNR through hunting and fishing licenses, etc. We live in a beautiful state and it pains me to see irresponsible, inconsiderate people treat it like it there personal playground.
With the guy now caught, it will bring in the newer question of ‘can he be held in civil action’ by property owners (individually or class action) of Rose lake and others down river if their lakes become infested? I would not want to be in this guy shoes if that is the case.
We do need far stiffer penalties for such cases as these. This individual was not stupid, or ignorant of the law. He instead proved disdain for everyone else. He just did not care, period. He should see jail time and have to pay up.
The Lawsuits are going to come….but the damage is done. More damage will come. So Sad.