1995 - 1996 LEGISLATURE
June 22, 1995 - Offered by Representatives Prosser and Brancel.
AB150-ASA1-AA26-AA3,1,11 At the locations indicated, amend the amendment as follows:
AB150-ASA1-AA26-AA3,1,2 21. Page 33, line 24: after that line insert:
AB150-ASA1-AA26-AA3,1,6 3"94m. Page 313, line 5: increase the dollar amount for fiscal year 1995-96 by
4$503,900 and increase the dollar amount for fiscal year 1996-97 by $1,092,300 for
5the purpose of providing representation in misdemeanor cases in which a prosecutor
6elects to proceed under section 967.052 (2) of the statutes.".
AB150-ASA1-AA26-AA3,1,7 72. Page 65, line 2: after that line insert:
AB150-ASA1-AA26-AA3,1,8 8"227m. Page 569, line 2: after that line insert:
AB150-ASA1-AA26-AA3,1,9 9" Section 1586m. 29.092 (12m) of the statutes is created to read:
AB150-ASA1-AA26-AA3,1,1110 29.092 (12m) Incidental take permit. The fee for an incidental take permit
11issued under s. 29.415 (6m) is $100.".".
14. Page 66, line 7: delete the material beginning with that line and ending with
2page 67, line 5, and substitute:
AB150-ASA1-AA26-AA3,2,3 3" Section 1631e. 29.415 (2) (a) of the statutes is renumbered 29.415 (2) (am).
AB150-ASA1-AA26-AA3, s. 1631f 4Section 1631f. 29.415 (2) (ac) of the statutes is created to read:
AB150-ASA1-AA26-AA3,2,75 29.415 (2) (ac) "Agency" means a board, commission, committee, department,
6except the department of natural resources, or officer in the state government, except
7the governor, a district attorney or a military or judicial officer.
AB150-ASA1-AA26-AA3, s. 1631j 8Section 1631j. 29.415 (2) (ag) of the statutes is created to read:
AB150-ASA1-AA26-AA3,2,109 29.415 (2) (ag) "Agency action" means any action authorized, funded or
10implemented by an agency.
AB150-ASA1-AA26-AA3, s. 1631k 11Section 1631k. 29.415 (2) (bn) of the statutes is created to read:
AB150-ASA1-AA26-AA3,2,1312 29.415 (2) (bn) "Whole plant-animal community" means a group of species
13living together in a particular area, time and habitat.
AB150-ASA1-AA26-AA3, s. 1631ki 14Section 1631ki. 29.415 (4) (intro.) of the statutes is amended to read:
AB150-ASA1-AA26-AA3,2,1615 29.415 (4) Prohibition. (intro.) Except as provided in sub. (6r) or as permitted
16by departmental rule or permit:
AB150-ASA1-AA26-AA3, s. 1631L 17Section 1631L. 29.415 (6m) of the statutes is created to read:
AB150-ASA1-AA26-AA3,2,2118 29.415 (6m) Incidental take permits. (a) The department may issue a permit,
19under such terms and conditions as it may prescribe, authorizing a taking that
20otherwise is prohibited by this section if the taking is not for the purpose of, but will
21be only incidental to, the carrying out of a lawful activity.
AB150-ASA1-AA26-AA3,2,2422 (b) The department may not issue a permit under this subsection unless an
23applicant for the permit submits to the department a conservation plan and an
24implementing agreement. The conservation plan shall include all of the following:
11. A description of the impact that will likely occur to endangered species or
2threatened species specified by the department's endangered and threatened species
AB150-ASA1-AA26-AA3,3,54 2. The steps that the applicant will take to minimize and mitigate the impact
5that the endangered species or the threatened species will suffer.
AB150-ASA1-AA26-AA3,3,76 3. A description of the funding that the applicant will have available to
7implement the steps specified under subd. 2.
AB150-ASA1-AA26-AA3,3,98 4. A description of the alternative actions to the taking that the applicant has
9considered and the reasons that these alternatives will not be utilized.
AB150-ASA1-AA26-AA3,3,1110 5. Any other measures that the department may determine to be necessary or
AB150-ASA1-AA26-AA3,3,1312 (d) An application for a permit under this subsection may contain more than
13one applicant.
AB150-ASA1-AA26-AA3,3,1914 (f) Upon receipt of an application for a permit and the accompanying
15conservation plan and implementing agreement for a proposed taking, the
16department shall publicize the application by announcing the application receipt
17and by giving a brief description of the proposed taking. The publicity shall be
18distributed to the news media in the vicinity of the proposed taking. The department
19shall establish a procedure for receipt of public comment on the proposed taking.
AB150-ASA1-AA26-AA3,3,2320 (g) After having considered the public comment received on the proposed
21taking, the department shall issue the permit if the department finds, based on the
22permit application, the conservation plan and the implementation agreement, that
23the taking will meet all of the following requirements:
AB150-ASA1-AA26-AA3,3,2524 1. The taking will not be for the purpose of, but will be only incidental to, the
25carrying out a lawful activity.
12. The applicant will, to the maximum extent practicable, minimize and
2mitigate the impact caused by the taking.
AB150-ASA1-AA26-AA3,4,43 3. The applicant will ensure that adequate funding for the conservation plan
4will be provided.
AB150-ASA1-AA26-AA3,4,75 4. The taking will not appreciably reduce the likelihood of the survival or
6recovery of the endangered species or threatened species, the whole plant-animal
7community of which it is a part or the habitat that is critical to its existence.
AB150-ASA1-AA26-AA3,4,88 5. Any measures required under par. (b) 5. will be met.
AB150-ASA1-AA26-AA3,4,119 (gm) The department may require that an applicant make additional
10assurances that the requirements under par. (g) 1. to 5. will be met before issuing a
11permit under par. (g).
AB150-ASA1-AA26-AA3,4,1512 (h) The department shall impose on the permit terms or conditions that the
13department finds necessary or appropriate to ensure that the requirements under
14par. (g) 1. to 5. will be met. These terms or conditions may include reporting and
15monitoring requirements.
AB150-ASA1-AA26-AA3,4,1716 (i) The department shall revoke a permit issued under this subsection if it finds
17that an applicant fails to comply with the terms and conditions of the permit.
AB150-ASA1-AA26-AA3,4,2118(j) A permit issued by the department is not required if a permit under 16 USC
has been issued and the department determines that that the federal permit,
20along with its conservation plan and implementing agreement, comply with the
21requirements under this subsection.
AB150-ASA1-AA26-AA3,4,2222 (k) This subsection does not apply to interagency activities under sub. (6r).
AB150-ASA1-AA26-AA3, s. 1631Li 23Section 1631Li. 29.415 (6r) of the statutes is created to read:
AB150-ASA1-AA26-AA3,5,324 29.415 (6r) Consultation. (a) An agency shall notify the department at the
25earliest opportunity of the location, nature and extent of a proposed activity the

1agency may conduct, approve or fund that may affect an endangered or threatened
2species. The department may allow the taking, exportation, transportation or
3possession of an endangered or threatened species if all of the following apply:
AB150-ASA1-AA26-AA3,5,64 1. The activity is accomplished in accordance with interagency consultation
5procedures established by the department and the agency for the purpose of
6minimizing any adverse effect on the endangered or threatened species.
AB150-ASA1-AA26-AA3,5,117 2. The activity is not likely to jeopardize the continued existence and recovery
8of the endangered or threatened species, the whole plant-animal community of
9which it is a part or is not likely to result in the destruction or adverse modification
10of a habitat that is critical to the continued existence of the endangered species or
11the threatened species, as determined by the department under par. (b).
AB150-ASA1-AA26-AA3,5,1212 3. The benefit to public health, safety or welfare justifies the activity.
AB150-ASA1-AA26-AA3,5,1613 (b) For purposes of par. (a) 2., the department shall determined whether a habit
14is critical to the continued existence of an endangered or threatened species by
15considering the endangered species' or threatened species' global and state element
16ranking as defined by natural heritage inventory methodology.
AB150-ASA1-AA26-AA3,5,2417 (c) The department shall notify the agency if the department determines that
18there is reasonable cause for the department to determine that an activity is not
19being carried out in compliance with this subsection or with any environmental
20protection requirements developed through interagency consultation procedures. If
21the secretary of natural resources and the head, as defined in s. 15.01 (8), of the
22agency or the state officer are unable to agree upon methods or time schedules to be
23used to correct the alleged noncompliance, the department may bring any action or
24initiate any other proceedings to enforce compliance with this subsection.