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ambiguous drain plug law - - - 10 messages. Showing 1 through 10.
Odin
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Joined 06/27/2007
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Daily Subscription Msg 1 Posted: 11:12 PM 06/03/13 (CST)
Minnesota Statutes § 84D.10, subd. 4(b) states: “Drain plugs, bailers, valves, or
other devices used to control the draining of water from ballast tanks, bilges, and live
wells must be removed or opened while transporting water-related equipment.”

In this 2012 case an administrative law judge noted that "Minnesota law requires the removal or opening of drain plugs during transportation of a boat, regardless of whether the transportation occurs before the boat is placed in the water or after the boat is removed from the water. The statute does not draw any distinctions based on the distance traveled or the number of bodies of water used by a particular boater."

"The Administrative Law Judge concludes that Officer Block’s interpretation that
the statute applies when a boat is being pulled on a public roadway reflects a fair and
common-sense reading of the statute. When the requirement to remove drain plugs
was originally added to Minnesota Statutes in 2010, the language clearly required that
persons “leaving waters of the state must drain boating-related equipment holding water
and live wells and bilges by removing the drain plug before transporting the watercraft
and associated equipment on public roads” and that drain plugs “must be removed or
opened while transporting watercraft on a public road.”

So apparently citizens are invited to arrive at and comply with their own "fair and common-sense reading" of statutes instead of relying on the proverbial Letter of the Law. Seems to me a good lawyer could've successfully argued that there was unequal treatment in both these cases because, as the court noted, the current statute says nothing about public roads. Every person who launches a boat with the drain plug in is technically in violation of the statute.
rong56345
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Joined 05/27/2010
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Daily Subscription Msg 2 Posted: 07:25 AM 06/04/13 (CST)
"leaving waters of the state" is poorly written. Common sense however should dictate. When you pull your boat out of a body of water in Minnesota, pop off the boat drain plugs.
so...people coming in Minnesota to fish our water with boat plugs in, are breaking the law?
sauzal1021
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Joined 12/16/2008
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Daily Subscription Msg 3 Posted: 02:12 PM 06/08/13 (CST)
Reading and understanding any regulations from the DNR is mind boggling. I have to read it all twice and then ask if I understand it correctly. But I'm sure a CO will be happy to put it in layman's terms if you happen across one while in violation.

I have always pulled the plugs anyway so this never bothered me. But you can still put your fish in a bucket of lake water for the ride home right?
FishCat
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Daily Subscription Msg 4 Posted: 11:09 AM 06/25/13 (CST)
Neither of my livewells work. No pumps. I don't even have them wired. I use the space for storage. Pulling the plugs is not toally routine for me. Wonder if I would still get a ticket if I pulled onto a road with the plugs still in? I venture to guess yes.




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rong56345
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Daily Subscription Msg 5 Posted: 07:38 AM 06/26/13 (CST)
Do your live wells drain to your bilge? I would assume you'd get a ticket.
jonnblaze
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Joined 08/13/2013
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Daily Subscription Msg 6 Posted: 01:39 AM 08/13/13 (CST)
people coming in Minnesota to fish our water with boat plugs in, are breaking the law?


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WebDude
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Daily Subscription Msg 7 Posted: 08:00 AM 08/13/13 (CST)
Hey jonnblaze,

Welcome to My Fishing Pals. Glad to have you aboard!



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sauzal1021
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Daily Subscription Msg 8 Posted: 06:29 PM 08/17/13 (CST)
jonnblaze, if I understand it right, people crossing the border would be in violation if the drain plugs are in......

Drain water from boat, livewell, bilge, motor, ballast
tank, and other boating equipment holding water
before leaving any water access. Drain plugs must be
removed from bilges and livewells at the water access.
Drain plugs and all other water draining devices must
remain open while trailering or transporting boats.
Portable bait containers must be drained when leaving
all waters. If you want to keep your live bait when
leaving a lake or river, you must replace water in bait
containers with tap or bottled water.

so my bucket idea is wrong and if u fish a lake only buy or bring enough bait for that lake...


Wow.
lourencohen
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Joined 02/04/2014
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Daily Subscription Msg 9 Posted: 04:22 AM 02/04/14 (CST)
I am a legal student and very happy to read the fishing laws in Minnesota. We have some clients in that area and the law parts you have shared here been very helpful to know better about the possibilities.



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WebDude
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Daily Subscription Msg 10 Posted: 01:30 PM 02/07/14 (CST)
Hey lourencohen,

Welcome to My Fishing Pals. Glad to have you aboard!



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ambiguous drain plug law - - - 10 messages. Showing 1 through 10.
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