30.92(5)
(5) Rules. The commission shall recommend rules for promulgation by the department as necessary to implement this section. The commission shall recommend rules relating to the type and content of studies to be conducted, cost-sharing arrangements under
sub. (4) and liaison arrangements between the state and federal agencies, other state agencies, governmental units, qualified lake associations and other persons.
30.92(6)
(6) Cooperation and assistance. 30.92(6)(a)(a) The department shall provide governmental units and qualified lake associations with technical assistance in all phases of implementing or participating in the program under this section. The department shall also coordinate the program under this section with all other related state and federal programs.
30.92(6)(b)
(b) The department shall assign staff to the commission for management of the program under this section. All staff activities, including but not limited to budgeting, program coordination and related administrative management functions, shall be consistent with the policies of the department and the natural resources board.
30.92(7)
(7) Use of Wisconsin conservation corps. To the greatest extent practicable, the commission and affected governmental units and qualified lake associations shall encourage the use of and utilize the Wisconsin conservation corps for appropriate projects.
30.93
30.93
Fox River management. 30.93(1)
(1)
Definitions. As used in this section:
30.93(1)(a)
(a) "Commission" means the Fox River management commission.
30.93(1)(c)
(c) "Long-term agreement" means any agreement which involves the continuation of leasing obligations by this state for, or the continuation of responsibility for the management and operation by this state of, the Fox River navigational system beyond October 15, 1985.
30.93(1)(d)
(d) "Short-term agreement" means any agreement which does not involve the retention of ownership rights by this state of, the continuation of leasing obligations by this state for, or the continuation of responsibility for the management and operation by this state of, any Fox River locks and facilities, as defined in s.
30.93 (1) (b), 1991 stats., beyond October 15, 1985, and which does not in any other way obligate or restrict the state on or after October 15, 1985.
30.93(2)
(2) Authority to negotiate and enter into agreements with the federal government. 30.93(2)(a)(a)
Negotiations. The commission is authorized to enter into negotiations with the federal government on behalf of the state concerning:
30.93(2)(a)1.
1. The leasing by the state of the Fox River navigational system.
30.93(2)(a)2.
2. The assumption by the state of responsibility for the management or operation of the Fox River navigational system.
30.93(2)(b)
(b)
Short-term agreements. Prior to October 16, 1985, the commission is authorized to enter into only short-term agreements with the federal government concerning Fox River locks and facilities, as defined in s.
30.93 (1) (b), 1991 stats.
30.93(2)(c)
(c)
Long-term agreements. On and after October 16, 1985, the commission is authorized to enter into long-term agreements with the federal government concerning the Fox River navigational system.
30.93(3)
(3) Authority over the Fox River navigational system. 30.93(3)(a)(a)
Authority in general. If an agreement is entered into with the federal government, the commission may assume responsibility for the management and operation of the Fox River navigational system.
30.93(3)(b)
(b)
Authority to contract; Wisconsin conservation corps. The commission may contract with public agencies, public or private organizations, businesses or individuals to carry out management or operation responsibilities for the Fox River navigational system. The commission may contract with the department of health and family services or other state agency to carry out management or operation responsibilities for the Fox River navigational system. The commission may act as a Wisconsin conservation corps project sponsor and may enter into agreements with the Wisconsin conservation corps board to carry out management or operation responsibilities for the Fox River navigational system.
30.93(3)(c)
(c)
Budget. The commission shall prepare a biennial budget which shall be submitted to the department concerning activities to be performed under this subsection.
30.93(3)(d)
(d)
Staff and employes. The commission may hire staff and employes to perform activities under this section subject to the requirements of
s. 16.505.
30.93(4)(a)(a)
Requirement. The commission shall charge user fees for services it provides to the operators of boats using the Fox River navigational system.
30.93(4)(c)
(c)
Additional fees. In addition to the regular user fees, the commission may charge passenger fees and cargo fees for boats carrying large numbers of passengers or large cargoes.
30.93(4)(d)
(d)
Modification and implementation of fees. The fees specified under
par. (b) may be modified by rules promulgated under
sub. (6). The fees authorized under
par. (c) may be implemented by rules promulgated under
sub. (6).
30.93(5)
(5) Contributions; federal assistance. The commission shall encourage and may accept contributions and gifts for the management, operation and maintenance of the Fox River navigational system. The commission may apply for federal assistance for the management, operation and maintenance of the Fox River navigational system.
30.93(6)
(6) Rules. If, in exercising its authority under this section, the commission determines that rules are needed, the commission may submit proposed rules to the department. The department may promulgate these rules under
ch. 227.
30.93(7)
(7) Commissioners. Members of the commission shall not receive a salary but are entitled to reimbursement for their actual and necessary expenses and, in addition, to a per diem payment of $25 for each day on which they were actually and necessarily engaged in the performance of their duties. Members of the commission are considered public officers for the purposes of
s. 895.46.
30.93(8)
(8) Applicability. This section does not apply after the date on which the governor makes the certification under
s. 30.94 (8).
30.94
30.94
Fox-Winnebago regional management commission. 30.94(1)(1)
Definitions. In this section:
30.94(1)(a)
(a) "Commission" means the Fox-Winnebago regional management commission.
30.94(1)(b)
(b) "Fox River navigational system" means locks, harbors, real property, structures and facilities related to navigation that are located on or near the Fox River, including locks, harbors, real property, structures and facilities that were under the ownership or control of the federal government on April 1, 1984. "Fox River navigational system" does not include dams on the Fox River.
30.94(1)(c)
(c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state or any of the foregoing.
30.94(2)
(2) Creation. There is created a Fox-Winnebago regional management commission consisting of the members appointed under
sub. (3).
30.94(3)
(3) Appointments to the commission. 30.94(3)(a)(a) The commission shall consist of the following members:
30.94(3)(a)2.
2. Two members each from Brown, Calumet, Fond du Lac, Outagamie and Winnebago counties.
30.94(3)(b)1.1. The members appointed under
par. (a) 2. shall be appointed by the county executive of the county which the member represents.
30.94(3)(b)2.
2. If a county has a lock or harbor that is part of the Fox River navigational system, at least one of the 2 members appointed for that county under
par. (a) 2. shall be a resident of a city or village in which there is located such a lock or harbor.
30.94(3)(c)
(c) The members appointed under this subsection shall serve 2-year terms.
30.94(3)(d)
(d) The commission shall elect a chairperson, vice chairperson and secretary from among its members each year.
30.94(3)(e)
(e) The commission shall meet at least once a year.
30.94(4)
(4) Authority over Fox River navigational system. 30.94(4)(a)(a) The commission shall manage, operate, restore and repair the Fox River navigational system.
30.94(4)(b)
(b) The commission shall oversee all projects that affect the management or operation of the Fox River navigational system, which may include the following:
30.94(4)(b)4.
4. Projects with local governmental units to increase boating access.
30.94(4)(c)
(c) An activity or project involving the Fox River navigational system for which a permit, license or other approval or procedure is required by the department is not exempt from any of those permitting, licensing approval or procedural requirements.
30.94(4)(d)
(d) The department may require the commission to maintain the sea lamprey barrier at the Rapide Croche lock according to specifications of the department to prevent sea lampreys or other nonnative species from moving upstream. The Rapide Croche lock may not be opened without prior approval from the department.
30.94(5)
(5) User fees. The commission may charge user fees for services it provides to the operators of watercraft using the Fox River navigational system.
30.94(5m)(a)(a) The commission may contract with public agencies, public or private organizations, businesses or individuals to carry out management, operation, restoration and repair responsibilities for the Fox River navigational system.
30.94(5m)(b)
(b) The commission may appoint advisory committees and may cooperate and consult with the state, the federal government and local governmental units on issues affecting the Fox River navigational system.
30.94(5m)(c)
(c) The commission may act as a Wisconsin conservation corps sponsor and may enter into agreements with the Wisconsin conservation corps board to carry out the management, operation, restoration and repair of the Fox River navigational system.
30.94(6)
(6) Contributions; federal assistance. 30.94(6)(a)(a) The commission shall encourage and may accept contributions, grants, bequests and gifts for the management, operation, restoration or repair of the Fox River navigational system.
30.94(6)(b)
(b) The commission shall accept federal funding for the restoration and repair of the Fox River navigational system. The commission may not use federal funding for the management or operation of the Fox River navigational system.
30.94(6m)
(6m) State aid. Notwithstanding
s. 30.92 (4) (a), the department shall provide in each fiscal year funds from the appropriation under
s. 20.370 (5) (hu) to the commission for the management, operation, restoration and repair of the Fox River navigational system if Brown County, Calumet County, Fond du Lac County, Outagamie County and Winnebago County contribute matching funds for the management and operation of the Fox River navigational system.
30.94(7)
(7) Authority to sue; liability of commission. The commission may sue and be sued. Members of the commission are considered public officers for the purposes of
s. 895.46.
30.94(7m)
(7m) Bylaws. The commission may adopt bylaws to govern its operations.
30.94(8)
(8) Applicability. Subsections (2) to
(7m) do not apply until the day after the date on which the governor certifies to the revisor of statutes and the secretary of state that the state has received federal funds for the restoration and repair of the Fox River navigational system.
30.99
30.99
Parties to a violation. 30.99(1)
(1) Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
30.99(2)
(2) A person is concerned in the commission of the violation if the person:
30.99(2)(b)
(b) Aids and abets the commission of it; or
30.99(2)(c)
(c) Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
30.99 History
History: 1975 c. 365.
