Saturday, November 22, 2008

Invasives rule would allow DNR to enter private property

Our homes and businesses on Lake Koshkonong are being threatened yet again by a DNR that knowingly and systematically presses adminstrative rules that violate our constitutional rights.

This is a must read.....
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Lakeland Times

...A proposed rule being promulgated by the Wisconsin Department of Natural Resources would allow DNR wardens to enter private homes and properties to conduct searches for invasive species.

The wardens would have the right to enter property whenever they "reasonably" believed an invasive species was present on the premises.

The rule has passed the public hearing stage, and a legislative council review has been forwarded to the agency. The next step is for the DNR to submit a final rule to the Natural Resources Board for approval and forwarding to the Legislature.

...An agency analysis of the rule states that the transportation, possession, transfer and introduction of invasives without a permit would not be prohibited if the department determined that the transportation, possession, transfer or introduction was incidental or unknowing, and was not due to the person's failure to take reasonable precautions

...Nonetheless, the clearinghouse rule still gives DNR wardens the right to enter private property whenever they choose.

...Following protocol, the agency could then write citations for anything else the DNR believes does not meet the letter of the law.

...The DNR itself has acknowledged that the rule could have significant impacts on small businesses

...For example, many of the listed restricted plants could be 'knowingly' incorporated into agricultural products such as hay and silage that are transported and transferred. These agricultural practices appear to require a permit from the department under this rule."

.."Small businesses will be affected by the necessity to apply for and receive a permit to transport, possess, transfer or introduce, when applicable. Department staff will work with individuals and businesses to develop a permit specific to their situation and needs."