The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB95,1 1Section 1. 29.705 (2) (a) of the statutes is amended to read:
SB95,5,132 29.705 (2) (a) The department may not furnish fish or fish eggs from state
3hatcheries to private ponds, private clubs, corporations, or preserves unless the
4private pond, private club, corporation, or preserve is located in this state and has
5entered into an agreement with the department and the fish or the fish grown from
6the fish eggs will ultimately be stocked, into waters of the state where the general
7public is allowed, according to any applicable permits and certificates, and, if the
8private pond, private club, corporation, or preserve is a fish farm, the fish farm is
9registered with the department of agriculture, trade and consumer protection. If the
10private pond, private club, corporation, or preserve creates more fish from fish eggs
11provided under this paragraph than are required under its agreement with the
12department, the excess fish are not required to ultimately be stocked into waters of
13the state where the general public is allowed
.
SB95,2 14Section 2. 29.707 of the statutes is created to read:
SB95,5,16 1529.707 Propagation of fish; department rules. (1) The department shall
16promulgate rules that do all of the following:
SB95,5,1817 (a) Define the role and extent that genetics is involved in the department's fish
18stocking strategies.
SB95,5,1919 (b) Standardize the department's fish donation procedures.
SB95,6,4
1(2) The department and the department of agriculture, trade and consumer
2protection shall review the departments' rules relating to viral hemorrhagic
3septicemia, and shall promulgate new rules as the departments determine are
4necessary.
SB95,6,9 5(3) The department, with the department of agriculture, trade and consumer
6protection, shall assess the efficiency and utility of the fish hatchery classification
7system under rules promulgated by the department of agriculture, trade and
8consumer protection, and the department of agriculture, trade and consumer
9protection shall promulgate new rules as it determines are necessary.
SB95,6,13 10(4) The department shall assess the viability and use of bait fish and forage fish
11and of the continued classification of bait fish and forage fish as established
12nonnative fish species, and shall promulgate new rules as it determines are
13necessary.
SB95,6,17 14(5) The department shall consider economic factors, healthy fish populations,
15and fishing opportunities, and shall consult with interested parties, including
16fishing groups and the aquaculture industry, when promulgating rules under this
17section.
SB95,6,19 18(6) The final draft of a proposed rule under this section shall be submitted
19under s. 227.19 (2) no later than June 28, 2019.
SB95,3 20Section 3. 29.733 (1) of the statutes is renumbered 29.733 (1h).
SB95,4 21Section 4. 29.733 (1d) of the statutes is created to read:
SB95,6,2222 29.733 (1d) In this section:
SB95,6,2323 (a) “Artificial water body" has the meaning given in s. 30.19 (1b) (a).
SB95,7,3
1(b) “Natural body of water" means a spring, stream, pond, lake, or wetland that
2was historically present in a natural state but may have been physically altered over
3time.
SB95,5 4Section 5. 29.733 (1h) (c) 4. of the statutes is created to read:
SB95,7,105 29.733 (1h) (c) 4. An artificial water body that is used as a fish farm that is
6registered with the department of agriculture, trade and consumer protection on the
7effective date of this subdivision .... [LRB inserts date], or as part of a fish farm that
8is registered with the department of agriculture, trade and consumer protection on
9the effective date of this subdivision .... [LRB inserts date], regardless of its water
10source, including an artificial water body that is fed by a spring.
SB95,6 11Section 6. 29.733 (2) (a) of the statutes is amended to read:
SB95,7,1612 29.733 (2) (a) The department, subject to s. 29.024 (2g) and (2r), shall issue a
13permit under this subsection for a natural body of water specified under sub. (1) (1h)
14(c) 1. if the department determines that no substantial public interest exists in the
15body of water and that no public or private rights in the body of water will be
16damaged.
SB95,7 17Section 7. 29.733 (2) (b) of the statutes is amended to read:
SB95,7,2218 29.733 (2) (b) Notwithstanding par. (a), for a freeze-out pond that is licensed
19as a private fish hatchery, or as part of a private fish hatchery, under s. 29.52, 1995
20stats., on January 1, 1998, or for a natural body of water as described under sub. (1)
21(1h) (c) 2., the department shall issue an initial permit without making the
22determination under par. (a).
SB95,8 23Section 8. 29.733 (2) (e) of the statutes is amended to read:
SB95,8,324 29.733 (2) (e) The department may suspend a permit for a body of water
25specified in sub. (1) (1h) (c) 2. for 90 days if the department finds that the permit

1holder has failed to adequately maintain the fish barriers and may revoke the permit
2if the department determines that the failure to adequately maintain the barriers
3has not been corrected within the 90-day period.
SB95,9 4Section 9. 29.733 (3) of the statutes is renumbered 29.733 (3) (intro.) and
5amended to read:
SB95,8,66 29.733 (3) (intro.) This section does not apply to a any of the following:
SB95,8,9 7(a) A person who places a net pen in a natural body of water for the purpose of
8holding or rearing fish in accordance with a general permit issued under s. 30.12 (3)
9(b).
SB95,10 10Section 10. 29.733 (3) (b) of the statutes is created to read:
SB95,8,1411 29.733 (3) (b) A person who holds a permit under sub. (2) and who takes no
12action in the natural body of water other than maintaining the fish farm facility,
13including maintaining ponds, raceways, ditches, canals, berms, swales, drains,
14pipes, and other structures, drainage areas, and flowage controls within the facility.
SB95,11 15Section 11. 30.19 (1m) (bm) of the statutes is created to read:
SB95,8,1916 30.19 (1m) (bm) The maintenance or repair of an artificial water body or fish
17farm that is registered with the department of agriculture, trade and consumer
18protection, except that this exemption does not apply to the requirement under sub.
19(1g) (c).
SB95,12 20Section 12. 30.40 (1) of the statutes is amended to read:
SB95,8,2421 30.40 (1) “Agricultural use" means aquaculture; beekeeping; dairying; egg
22production; feedlots; grazing; floriculture; raising of livestock; raising of poultry;
23raising of fruits, nuts and berries; raising of grains, grass, mint and seed crops;
24raising of vegetables; and sod farming.
SB95,13 25Section 13. 31.34 (3) (am) of the statutes is created to read:
SB95,9,5
131.34 (3) (am) A dam, in existence on the effective date of this paragraph ....
2[LRB inserts date], in a commercial fish farm, in existence and registered with the
3department of agriculture, trade and consumer protection on the effective date of this
4paragraph .... [LRB inserts date], and located in Langlade County, where the water
5is returned to the navigable stream.
SB95,14 6Section 14. 77.52 (13) of the statutes is amended to read:
SB95,9,187 77.52 (13) For the purpose of the proper administration of this section and to
8prevent evasion of the sales tax it shall be presumed that all receipts are subject to
9the tax until the contrary is established. The burden of proving that a sale of tangible
10personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
11is not a taxable sale at retail is upon the person who makes the sale unless that
12person takes from the purchaser an electronic or a paper certificate, in a manner
13prescribed by the department, to the effect that the property, item, good, or service
14is purchased for resale or is otherwise exempt, except that no certificate is required
15for the sale of tangible personal property, or items, property, or goods under sub. (1)
16(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),
17(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
18(51), and (52), and (64).
SB95,15 19Section 15. 77.54 (64) of the statutes is created to read:
SB95,9,2320 77.54 (64) The sales price from the sale of and the storage, use, or other
21consumption of farm-raised fish, as defined in s. 95.001 (1) (ah), sold to a fish farm,
22as defined in s. 95.001 (1) (aj), that is registered with the department of agriculture,
23trade and consumer protection, under s. 95.60 (3m), after January 1, 2012.
SB95,16 24Section 16. 234.91 (1) (a) of the statutes is amended to read:
SB95,10,2
1234.91 (1) (a) “Agricultural assets" means machinery, equipment, facilities,
2land or livestock used in agriculture or aquaculture.
SB95,17 3Section 17. 234.91 (2) (b) of the statutes is amended to read:
SB95,10,74 234.91 (2) (b) The loan is made to finance the acquisition of agricultural assets
5or the cost of improvements to facilities or land. The agricultural assets must be
6acquired, and the improvements must be made, for agricultural or aquacultural
7purposes.
SB95,18 8Section 18. 281.346 (2) (bm) of the statutes is created to read:
SB95,10,149 281.346 (2) (bm) Subsequent withdrawals for aquacultural purposes. If a fish
10farm withdraws water and places it in an aquacultural pond that is registered with
11the department of agriculture, trade and consumer protection, any subsequent use
12of that water from that pond is not a withdrawal for the purposes of this section, if
13the subsequent use is not, and does not result in, a diversion or an intrabasin
14transfer.
SB95,19 15Section 19. 281.36 (3g) (a) 7. of the statutes is amended to read:
SB95,10,1816 281.36 (3g) (a) 7. A discharge that is part of a development for agricultural or
17aquacultural
purposes, if the discharge does not affect more than 10,000 square feet
18of wetland.
SB95,20 19Section 20. 281.36 (3n) (a) 1. b. of the statutes is amended to read:
SB95,10,2220 281.36 (3n) (a) 1. b. That the proposed project is necessary for the expansion
21of an existing industrial, commercial, or agricultural, or aquacultural facility that is
22in existence at the time the application is submitted.
SB95,21 23Section 21. 281.36 (4) (am) of the statutes is created to read:
SB95,11,3
1281.36 (4) (am) Normal aquaculture activities, if the discharge is to a wetland
2created for aquacultural purposes in an area without any prior wetland history. In
3this paragraph, “normal aquaculture activities” includes all of the following:
SB95,11,54 1. Construction, maintenance, or repair of ponds, raceways, or other similar
5retention structures used in fish farms.
SB95,11,76 2. The filling in or drawing down of ponds, raceways, or other similar retention
7structures used in fish farms.
SB95,11,98 3. Maintenance or improvement of swales or other drainage areas into or out
9of ponds used in fish farms.
SB95,11,1110 4. Maintenance, repair, or replacement of drains, pipes, or other flowage
11controls used in fish farms.
SB95,22 12Section 22. 281.36 (4) (e) (intro.) of the statutes is amended to read:
SB95,11,1613 281.36 (4) (e) (intro.) Construction or maintenance of farm roads, roads used
14in fish farms,
forest roads, or temporary mining roads that is performed in
15accordance with best management practices, as determined by the department, to
16ensure all of the following:
SB95,23 17Section 23. 283.15 (4m) of the statutes is created to read:
SB95,11,2218 283.15 (4m) Variances for fish farms. In deciding whether to grant an
19application for a variance for a fish farm, the secretary shall rely on the same
20guidance documents and other information that would be used by the federal
21environmental protection agency to review and approve or disapprove the variance
22as required under 40 CFR 131.14.
SB95,24 23Section 24. 283.31 (3) (intro.) of the statutes is amended to read:
SB95,12,224 283.31 (3) (intro.) The department may issue a permit under this section for
25the discharge of any pollutant, or combination of pollutants, other than those

1prohibited under sub. (2), upon condition that such discharges will meet all the
2following, whenever applicable, subject to sub. (5m):
SB95,25 3Section 25. 283.31 (4) (intro.) of the statutes is amended to read:
SB95,12,64 283.31 (4) (intro.) The department shall prescribe conditions for permits issued
5under this section to assure compliance with the requirements of sub. (3). Such
6additional conditions shall include at least the following, subject to sub. (5m):
SB95,26 7Section 26. 283.31 (5m) of the statutes is amended to read:
SB95,12,178 283.31 (5m) Permits for certain concentrated aquatic animal production
9facilities.
The department shall include the requirements of 40 CFR 451.11 in
10permits issued under this section for concentrated aquatic animal production
11facilities described in 40 CFR 451.10 requirements that are based on, and are not
12more stringent than, the requirements in 40 CFR 451.11
. The department may not
13include additional conditions in a permit for a fish farm except as necessary for the
14farm to meet the applicable limitations, standards, and other provisions described
15in sub. (3) (a) to (f). Any conditions included in a permit issued under this section for
16a fish farm shall be limited to site-specific best management practices to the greatest
17extent allowed under federal law
.
SB95,27 18Section 27. 348.27 (18) (a) 1. e. of the statutes is created to read:
SB95,12,1919 348.27 (18) (a) 1. e. Fish or minnows.
SB95,28 20Section 28. 348.27 (18) (c) of the statutes is amended to read:
SB95,12,2521 348.27 (18) (c) A permit under this subsection is valid only for the
22transportation of agricultural products to a farm or from a field or farm to a storage
23facility on the grower's farmer's owned or leased land, a facility for initial storage
24that is not on the grower's farmer's owned or leased land, or a facility for initial
25processing.
SB95,29
1Section 29. Nonstatutory provisions.
SB95,13,122 (1) Emergency rules concerning fish propagation. The department of natural
3resources and the department of agriculture, trade and consumer protection may
4promulgate emergency rules under section 227.24 of the statutes implementing
5section 29.707 of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the
6statutes, emergency rules promulgated under this subsection remain in effect until
7June 28, 2019, or the date on which permanent rules take effect, whichever is sooner.
8Notwithstanding section 227.24 (1) (a) and (3) of the statutes, those departments are
9not required to provide evidence that promulgating a rule under this subsection as
10an emergency rule is necessary for the preservation of the public peace, health,
11safety, or welfare and is not required to provide a finding of emergency for a rule
12promulgated under this subsection.
SB95,30 13Section 30. Effective date.
SB95,13,1514 (1) The treatment of section 77.54 (64) of the statutes takes effect retroactively
15on January 1, 2012.
SB95,13,1616 (End)
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