LRB-3224/1
RCT:lmk:pg
2005 - 2006 LEGISLATURE
January 17, 2006 - Introduced by Representative Molepske. Referred to
Committee on Natural Resources.
AB919,1,2
1An Act to create 20.370 (4) (aw) and 23.245 of the statutes;
relating to: ballast
2water management, providing a penalty, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires a person who operates an oceangoing vessel that uses a port
in this state to obtain a permit from the Department of Natural Resources. To obtain
a permit, the person must demonstrate to DNR that the vessel in not capable of
taking on ballast water or that the vessel is equipped with technology that DNR
determines will prevent the introduction of aquatic nuisance species into the Great
Lakes. Aquatic nuisance species are plants and animals that are not native and that
threaten the diversity or abundance of native species or the ecological stability of
infected waters or that threaten commercial, agricultural, or recreational activities
that are dependent on infested waters. A person who operates an oceangoing vessel
without a permit or operates in violation of a permit is subject to a forfeiture (a civil
monetary penalty) of up to $25,000 for each day of violation.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB919, s. 1
3Section
1. 20.370 (4) (aw) of the statutes is created to read:
AB919,2,2
120.370
(4) (aw)
Water resources — ballast water management. All moneys
2received under s. 23.245 (2) (d) for ballast water management.
AB919, s. 2
3Section
2. 23.245 of the statutes is created to read:
AB919,2,4
423.245 Ballast water management. (1) Definitions. In this section:
AB919,2,55
(a) "Aquatic nuisance species" has the meaning given in s. 30.1255 (1).
AB919,2,86
(b) "Ballast water" means water and associated solids taken on board a vessel
7to control or maintain the vessel's trim, draft, or stability, or to control stresses on the
8vessel.
AB919,2,109
(c) "International Joint Commission" means the commission established by the
10boundary water agreement of 1909 between the United States and Canada.
AB919,2,1211
(d) "Oceangoing vessel" means a vessel that operates on the Great Lakes or the
12St. Lawrence Waterway after operating in waters of the Atlantic Ocean.
AB919,2,1413
(e) "St. Lawrence Waterway" means the St. Lawrence River, the St. Lawrence
14Riverway, and the Gulf of St. Lawrence.
AB919,2,17
15(2) Permit. (a) Beginning on January 1, 2007, an oceangoing vessel may not
16use a port in this state unless the person operating the oceangoing vessel has a
17permit from the department under this section for the oceangoing vessel.
AB919,2,1918
(b) The department may issue a permit for an oceangoing vessel only if one of
19the following applies:
AB919,2,2120
1. The person operating the oceangoing vessel demonstrates to the department
21that the oceangoing vessel is not capable of taking on ballast water.
AB919,2,2522
2. The person operating the oceangoing vessel demonstrates to the department
23that the oceangoing vessel is equipped with environmentally sound technology the
24use of which will prevent the introduction of aquatic nuisance species into the Great
25Lakes, as determined by the department.
AB919,3,2
1(c) The department shall condition a permit for an oceangoing vessel that takes
2on ballast water on the use of the technology described in par. (b) 2.
AB919,3,43
(d) 1. A person applying for a permit under this section shall pay an application
4fee of $750.
AB919,3,65
2. A person to whom the department issues a permit under this section shall
6pay an annual fee of $8,700.
AB919,3,9
7(3) Penalty. A person who violates sub. (2) (a) or who violates a permit issued
8under this section is subject to a forfeiture of not more than $25,000 for each day of
9violation.
AB919,3,11
10(4) Public nuisance. A vessel operated in violation of sub. (2) (a) or in violation
11of a permit issued under this section is a public nuisance.
AB919,3,16
12(5) Cooperation. The department shall cooperate with other states, Canadian
13provinces, the International Joint Commission, the Great Lakes Commission, and
14other interested groups to ensure the development and use of methods for the control
15of aquatic nuisance species that are broadly protective of the waters of the state, as
16defined in s. 281.01 (18), and other natural resources.
