AB160,2 14Section 2. 29.707 of the statutes is created to read:
AB160,5,16 1529.707 Propagation of fish; department rules. (1) The department shall
16promulgate rules that do all of the following:
AB160,5,1817 (a) Define the role and extent that genetics is involved in the department's fish
18stocking strategies.
AB160,5,1919 (b) Standardize the department's fish donation procedures.
AB160,6,2 20(2) The department and the department of agriculture, trade and consumer
21protection shall review the departments' rules relating to viral hemorrhagic

1septicemia, and shall promulgate new rules as the departments determine are
2necessary.
AB160,6,7 3(3) The department, with the department of agriculture, trade and consumer
4protection, shall assess the efficiency and utility of the fish hatchery classification
5system under rules promulgated by the department of agriculture, trade and
6consumer protection, and the department of agriculture, trade and consumer
7protection shall promulgate new rules as it determines are necessary.
AB160,6,11 8(4) The department shall assess the viability and use of bait fish and forage fish
9and of the continued classification of bait fish and forage fish as established
10nonnative fish species, and shall promulgate new rules as it determines are
11necessary.
AB160,6,15 12(5) The department shall consider economic factors, healthy fish populations,
13and fishing opportunities, and shall consult with interested parties, including
14fishing groups and the aquaculture industry, when promulgating rules under this
15section.
AB160,6,17 16(6) The final draft of a proposed rule under this section shall be submitted
17under s. 227.19 (2) no later than June 28, 2019.
AB160,3 18Section 3. 29.733 (1) of the statutes is renumbered 29.733 (1h).
AB160,4 19Section 4. 29.733 (1d) of the statutes is created to read:
AB160,6,2020 29.733 (1d) In this section:
AB160,6,2121 (a) “Artificial water body" has the meaning given in s. 30.19 (1b) (a).
AB160,6,2422 (b) “Natural body of water" means a spring, stream, pond, lake, or wetland that
23was historically present in a natural state but may have been physically altered over
24time.
AB160,5 25Section 5. 29.733 (1h) (c) 4. of the statutes is created to read:
AB160,7,6
129.733 (1h) (c) 4. An artificial water body that is used as a fish farm that is
2registered with the department of agriculture, trade and consumer protection on the
3effective date of this subdivision .... [LRB inserts date], or as part of a fish farm that
4is registered with the department of agriculture, trade and consumer protection on
5the effective date of this subdivision .... [LRB inserts date], regardless of its water
6source, including an artificial water body that is fed by a spring.
AB160,6 7Section 6. 29.733 (2) (a) of the statutes is amended to read:
AB160,7,128 29.733 (2) (a) The department, subject to s. 29.024 (2g) and (2r), shall issue a
9permit 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
11body of water and that no public or private rights in the body of water will be
12damaged.
AB160,7 13Section 7. 29.733 (2) (b) of the statutes is amended to read:
AB160,7,1814 29.733 (2) (b) Notwithstanding par. (a), for a freeze-out pond that is licensed
15as a private fish hatchery, or as part of a private fish hatchery, under s. 29.52, 1995
16stats., 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
18determination under par. (a).
AB160,8 19Section 8. 29.733 (2) (e) of the statutes is amended to read:
AB160,7,2420 29.733 (2) (e) The department may suspend a permit for a body of water
21specified in sub. (1) (1h) (c) 2. for 90 days if the department finds that the permit
22holder has failed to adequately maintain the fish barriers and may revoke the permit
23if the department determines that the failure to adequately maintain the barriers
24has not been corrected within the 90-day period.
AB160,9
1Section 9. 29.733 (3) of the statutes is renumbered 29.733 (3) (intro.) and
2amended to read:
AB160,8,33 29.733 (3) (intro.) This section does not apply to a any of the following:
AB160,8,6 4(a) A person who places a net pen in a natural body of water for the purpose of
5holding or rearing fish in accordance with a general permit issued under s. 30.12 (3)
6(b).
AB160,10 7Section 10. 29.733 (3) (b) of the statutes is created to read:
AB160,8,118 29.733 (3) (b) A person who holds a permit under sub. (2) and who takes no
9action in the natural body of water other than maintaining the fish farm facility,
10including maintaining ponds, raceways, ditches, canals, berms, swales, drains,
11pipes, and other structures, drainage areas, and flowage controls within the facility.
AB160,11 12Section 11. 30.19 (1m) (bm) of the statutes is created to read:
AB160,8,1613 30.19 (1m) (bm) The maintenance or repair of an artificial water body or fish
14farm that is registered with the department of agriculture, trade and consumer
15protection, except that this exemption does not apply to the requirement under sub.
16(1g) (c).
AB160,12 17Section 12. 30.40 (1) of the statutes is amended to read:
AB160,8,2118 30.40 (1) “Agricultural use" means aquaculture; beekeeping; dairying; egg
19production; feedlots; grazing; floriculture; raising of livestock; raising of poultry;
20raising of fruits, nuts and berries; raising of grains, grass, mint and seed crops;
21raising of vegetables; and sod farming.
AB160,13 22Section 13. 31.34 (3) (am) of the statutes is created to read:
AB160,9,223 31.34 (3) (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
25department of agriculture, trade and consumer protection on the effective date of this

1paragraph .... [LRB inserts date], and located in Langlade County, where the water
2is returned to the navigable stream.
AB160,14 3Section 14. 234.91 (1) (a) of the statutes is amended to read:
AB160,9,54 234.91 (1) (a) “Agricultural assets" means machinery, equipment, facilities,
5land or livestock used in agriculture or aquaculture.
AB160,15 6Section 15. 234.91 (2) (b) of the statutes is amended to read:
AB160,9,107 234.91 (2) (b) The loan is made to finance the acquisition of agricultural assets
8or the cost of improvements to facilities or land. The agricultural assets must be
9acquired, and the improvements must be made, for agricultural or aquacultural
10purposes.
AB160,16 11Section 16. 281.346 (2) (bm) of the statutes is created to read:
AB160,9,1712 281.346 (2) (bm) Subsequent withdrawals for aquacultural purposes. If a fish
13farm withdraws water and places it in an aquacultural pond that is registered with
14the department of agriculture, trade and consumer protection, any subsequent use
15of that water from that pond is not a withdrawal for the purposes of this section, if
16the subsequent use is not, and does not result in, a diversion or an intrabasin
17transfer.
AB160,17 18Section 17. 281.36 (3g) (a) 7. of the statutes is amended to read:
AB160,9,2119 281.36 (3g) (a) 7. A discharge that is part of a development for agricultural or
20aquacultural
purposes, if the discharge does not affect more than 10,000 square feet
21of wetland.
AB160,18 22Section 18. 281.36 (3n) (a) 1. b. of the statutes is amended to read:
AB160,9,2523 281.36 (3n) (a) 1. b. That the proposed project is necessary for the expansion
24of an existing industrial, commercial, or agricultural, or aquacultural facility that is
25in existence at the time the application is submitted.
AB160,19
1Section 19. 281.36 (4) (am) of the statutes is created to read:
AB160,10,42 281.36 (4) (am) Normal aquaculture activities, if the discharge is to a wetland
3created for aquacultural purposes in an area without any prior wetland history. In
4this paragraph, “normal aquaculture activities” includes all of the following:
AB160,10,65 1. Construction, maintenance, or repair of ponds, raceways, or other similar
6retention structures used in fish farms.
AB160,10,87 2. The filling in or drawing down of ponds, raceways, or other similar retention
8structures used in fish farms.
AB160,10,109 3. Maintenance or improvement of swales or other drainage areas into or out
10of ponds used in fish farms.
AB160,10,1211 4. Maintenance, repair, or replacement of drains, pipes, or other flowage
12controls used in fish farms.
AB160,20 13Section 20. 281.36 (4) (e) (intro.) of the statutes is amended to read:
AB160,10,1714 281.36 (4) (e) (intro.) Construction or maintenance of farm roads, roads used
15in fish farms,
forest roads, or temporary mining roads that is performed in
16accordance with best management practices, as determined by the department, to
17ensure all of the following:
AB160,21 18Section 21. 283.15 (4m) of the statutes is created to read:
AB160,10,2319 283.15 (4m) Variances for fish farms. In deciding whether to grant an
20application for a variance for a fish farm, the secretary shall rely on the same
21guidance documents and other information that would be used by the federal
22environmental protection agency to review and approve or disapprove the variance
23as required under 40 CFR 131.14.
AB160,22 24Section 22. 283.31 (3) (intro.) of the statutes is amended to read:
AB160,11,4
1283.31 (3) (intro.) The department may issue a permit under this section for
2the discharge of any pollutant, or combination of pollutants, other than those
3prohibited under sub. (2), upon condition that such discharges will meet all the
4following, whenever applicable, subject to sub. (5m):
AB160,23 5Section 23. 283.31 (4) (intro.) of the statutes is amended to read:
AB160,11,86 283.31 (4) (intro.) The department shall prescribe conditions for permits issued
7under this section to assure compliance with the requirements of sub. (3). Such
8additional conditions shall include at least the following, subject to sub. (5m):
AB160,24 9Section 24. 283.31 (5m) of the statutes is amended to read:
AB160,11,1910 283.31 (5m) Permits for certain concentrated aquatic animal production
11facilities.
The department shall include the requirements of 40 CFR 451.11 in
12permits issued under this section for concentrated aquatic animal production
13facilities 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
.
AB160,25 20Section 25. 348.27 (18) (a) 1. e. of the statutes is created to read:
AB160,11,2121 348.27 (18) (a) 1. e. Fish or minnows.
AB160,26 22Section 26. 348.27 (18) (c) of the statutes is amended to read:
AB160,12,223 348.27 (18) (c) A permit under this subsection is valid only for the
24transportation of agricultural products to a farm or from a field or farm to a storage
25facility on the grower's farmer's owned or leased land, a facility for initial storage

1that is not on the grower's farmer's owned or leased land, or a facility for initial
2processing.
AB160,27 3Section 27. Nonstatutory provisions.
AB160,12,144 (1) Emergency rules concerning fish propagation. The department of natural
5resources and the department of agriculture, trade and consumer protection may
6promulgate emergency rules under section 227.24 of the statutes implementing
7section 29.707 of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the
8statutes, emergency rules promulgated under this subsection remain in effect until
9June 28, 2019, or the date on which permanent rules take effect, whichever is sooner.
10Notwithstanding section 227.24 (1) (a) and (3) of the statutes, those departments are
11not required to provide evidence that promulgating a rule under this subsection as
12an emergency rule is necessary for the preservation of the public peace, health,
13safety, or welfare and is not required to provide a finding of emergency for a rule
14promulgated under this subsection.
AB160,12,1515 (End)
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