(a) Define the role and extent that genetics is involved in the department's fish 18
(b) Standardize the department's fish donation procedures.
The department and the department of agriculture, trade and consumer 21
protection shall review the departments' rules relating to viral hemorrhagic
septicemia, and shall promulgate new rules as the departments determine are 2
The department, with the department of agriculture, trade and consumer 4
protection, shall assess the efficiency and utility of the fish hatchery classification 5
system under rules promulgated by the department of agriculture, trade and 6
consumer protection, and the department of agriculture, trade and consumer 7
protection shall promulgate new rules as it determines are necessary.
The department shall assess the viability and use of bait fish and forage fish 9
and of the continued classification of bait fish and forage fish as established 10
nonnative fish species, and shall promulgate new rules as it determines are 11
The department shall consider economic factors, healthy fish populations, 13
and fishing opportunities, and shall consult with interested parties, including 14
fishing groups and the aquaculture industry, when promulgating rules under this 15
The final draft of a proposed rule under this section shall be submitted 17
under s. 227.19 (2) no later than June 28, 2019.
29.733 (1) of the statutes is renumbered 29.733 (1h).
29.733 (1d) of the statutes is created to read:
In this section:
(a) “Artificial water body" has the meaning given in s. 30.19 (1b) (a).
(b) “Natural body of water" means a spring, stream, pond, lake, or wetland that 23
was historically present in a natural state but may have been physically altered over 24
29.733 (1h) (c) 4. of the statutes is created to read:
(c) 4. An artificial water body that is used as a fish farm that is 2
registered with the department of agriculture, trade and consumer protection on the 3
effective date of this subdivision .... [LRB inserts date], or as part of a fish farm that 4
is registered with the department of agriculture, trade and consumer protection on 5
the effective date of this subdivision .... [LRB inserts date], regardless of its water 6
source, including an artificial water body that is fed by a spring.
29.733 (2) (a) of the statutes is amended to read:
(a) The department, subject to s. 29.024 (2g) and (2r), shall issue a 9
permit under this subsection for a natural body of water specified under sub. (1) (1h) 10
(c) 1. if the department determines that no substantial public interest exists in the 11
body of water and that no public or private rights in the body of water will be 12
29.733 (2) (b) of the statutes is amended to read:
(b) Notwithstanding par. (a), for a freeze-out pond that is licensed 15
as a private fish hatchery, or as part of a private fish hatchery, under s. 29.52, 1995 16
stats., on January 1, 1998, or for a natural body of water as described under sub. (1) 17(1h)
(c) 2., the department shall issue an initial permit without making the 18
determination under par. (a).
29.733 (2) (e) of the statutes is amended to read:
(e) The department may suspend a permit for a body of water 21
specified in sub. (1) (1h)
(c) 2. for 90 days if the department finds that the permit 22
holder has failed to adequately maintain the fish barriers and may revoke the permit 23
if the department determines that the failure to adequately maintain the barriers 24
has not been corrected within the 90-day period.
29.733 (3) of the statutes is renumbered 29.733 (3) (intro.) and 2
amended to read:
(intro.) This section does not apply to a any of the following:
person who places a net pen in a natural body of water for the purpose of 5
holding or rearing fish in accordance with a general permit issued under s. 30.12 (3) 6
29.733 (3) (b) of the statutes is created to read:
(b) A person who holds a permit under sub. (2) and who takes no 9
action in the natural body of water other than maintaining the fish farm facility, 10
including maintaining ponds, raceways, ditches, canals, berms, swales, drains, 11
pipes, and other structures, drainage areas, and flowage controls within the facility.
30.19 (1m) (bm) of the statutes is created to read:
(bm) The maintenance or repair of an artificial water body or fish 14
farm that is registered with the department of agriculture, trade and consumer 15
protection, except that this exemption does not apply to the requirement under sub. 16
30.40 (1) of the statutes is amended to read:
“Agricultural use" means aquaculture;
beekeeping; dairying; egg 19
production; feedlots; grazing; floriculture; raising of livestock; raising of poultry; 20
raising of fruits, nuts and berries; raising of grains, grass, mint and seed crops; 21
raising of vegetables; and sod farming.
31.34 (3) (am) of the statutes is created to read:
(am) A dam, in existence on the effective date of this paragraph .... 24
[LRB inserts date], in a commercial fish farm, in existence and registered with the 25
department of agriculture, trade and consumer protection on the effective date of this
paragraph .... [LRB inserts date], and located in Langlade County, where the water 2
is returned to the navigable stream.
234.91 (1) (a) of the statutes is amended to read:
(a) “Agricultural assets" means machinery, equipment, facilities, 5
land or livestock used in agriculture or aquaculture
234.91 (2) (b) of the statutes is amended to read:
(b) The loan is made to finance the acquisition of agricultural assets 8
or the cost of improvements to facilities or land. The agricultural assets must be 9
acquired, and the improvements must be made, for agricultural or aquacultural 10
281.346 (2) (bm) of the statutes is created to read:
(bm) Subsequent withdrawals for aquacultural purposes.
If a fish 13
farm withdraws water and places it in an aquacultural pond that is registered with 14
the department of agriculture, trade and consumer protection, any subsequent use 15
of that water from that pond is not a withdrawal for the purposes of this section, if 16
the subsequent use is not, and does not result in, a diversion or an intrabasin 17
281.36 (3g) (a) 7. of the statutes is amended to read:
(a) 7. A discharge that is part of a development for agricultural or
purposes, if the discharge does not affect more than 10,000 square feet 21
281.36 (3n) (a) 1. b. of the statutes is amended to read:
(a) 1. b. That the proposed project is necessary for the expansion 24
of an existing industrial, commercial, or
agricultural, or aquacultural
facility that is 25
in existence at the time the application is submitted.
281.36 (4) (am) of the statutes is created to read:
(am) Normal aquaculture activities, if the discharge is to a wetland 3
created for aquacultural purposes in an area without any prior wetland history. In 4
this paragraph, “normal aquaculture activities” includes all of the following:
1. Construction, maintenance, or repair of ponds, raceways, or other similar 6
retention structures used in fish farms.
2. The filling in or drawing down of ponds, raceways, or other similar retention 8
structures used in fish farms.
3. Maintenance or improvement of swales or other drainage areas into or out 10
of ponds used in fish farms.
4. Maintenance, repair, or replacement of drains, pipes, or other flowage 12
controls used in fish farms.
281.36 (4) (e) (intro.) of the statutes is amended to read:
(e) (intro.) Construction or maintenance of farm roads, roads used
15in fish farms,
forest roads, or temporary mining roads that is performed in 16
accordance with best management practices, as determined by the department, to 17
ensure all of the following:
283.15 (4m) of the statutes is created to read:
283.15 (4m) Variances for fish farms.
In deciding whether to grant an 20
application for a variance for a fish farm, the secretary shall rely on the same 21
guidance documents and other information that would be used by the federal 22
environmental protection agency to review and approve or disapprove the variance 23
as required under 40 CFR 131.14
283.31 (3) (intro.) of the statutes is amended to read:
(intro.) The department may issue a permit under this section for 2
the discharge of any pollutant, or combination of pollutants, other than those 3
prohibited under sub. (2), upon condition that such discharges will meet all the 4
following, whenever applicable, subject to sub. (5m)
283.31 (4) (intro.) of the statutes is amended to read:
(intro.) The department shall prescribe conditions for permits issued 7
under this section to assure compliance with the requirements of sub. (3). Such 8
additional conditions shall include at least the following, subject to sub. (5m)
283.31 (5m) of the statutes is amended to read:
283.31 (5m) Permits for certain concentrated aquatic animal production
The department shall include the requirements of 40 CFR 451.11
permits issued under this section for concentrated aquatic animal production 13
facilities described in 40 CFR 451.10 requirements that are based on, and are not
14more stringent than, the requirements in 40 CFR 451.11. The department may not
15include additional conditions in a permit for a fish farm except as necessary for the
16farm to meet the applicable limitations, standards, and other provisions described
17in sub. (3) (a) to (f). Any conditions included in a permit issued under this section for
18a fish farm shall be limited to site-specific best management practices to the greatest
19extent allowed under federal law
348.27 (18) (a) 1. e. of the statutes is created to read:
(a) 1. e. Fish or minnows.
348.27 (18) (c) of the statutes is amended to read:
(c) A permit under this subsection is valid only for the 24
transportation of agricultural products to a farm or from a field or farm to a storage 25
facility on the grower's farmer's
owned or leased land, a facility for initial storage
that is not on the grower's farmer's
owned or leased land, or a facility for initial 2
(1) Emergency rules concerning fish propagation
. The department of natural 5
resources and the department of agriculture, trade and consumer protection may 6
promulgate emergency rules under section 227.24 of the statutes implementing 7
section 29.707 of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the 8
statutes, emergency rules promulgated under this subsection remain in effect until 9
June 28, 2019, or the date on which permanent rules take effect, whichever is sooner. 10
Notwithstanding section 227.24 (1) (a) and (3) of the statutes, those departments are 11
not required to provide evidence that promulgating a rule under this subsection as 12
an emergency rule is necessary for the preservation of the public peace, health, 13
safety, or welfare and is not required to provide a finding of emergency for a rule 14
promulgated under this subsection.