Amendment ASA2-AB585

AB585-ASA2,3,10 29.415 (2) (bn) "Whole plant-animal community" means a group of species living together in a particular area, time and habitat.

AB585-ASA2, s. 9 Section 9. 29.415 (4) (intro.) of the statutes is amended to read:

AB585-ASA2,3,13 29.415 (4) (intro.) Except as provided in sub. (6r) or as permitted by departmental rule or permit:

AB585-ASA2, s. 10 Section 10. 29.415 (6) (a) of the statutes is amended to read:

AB585-ASA2,3,21 29.415 (6) (a) The department shall issue a permit, under such terms and conditions as it may prescribe by rule, authorizing the taking, exportation, transportation or possession of any wild animal or wild plant on the list of endangered and threatened species for zoological, educational or scientific purposes, for propagation of such wild animals and wild plants in captivity for preservation purposes, unless such exportation, possession, transportation or taking is prohibited by any federal law or regulation, or any other law of this state.

AB585-ASA2, s. 11 Section 11. 29.415 (6m) of the statutes is created to read:

AB585-ASA2,3,24 29.415 (6m) Incidental takings; permits. (a) In this subsection and sub. (6r), "taking" means an activity prohibited under sub. (4) (a), (b) or (c).

AB585-ASA2,4,4 (b) The department may issue a permit, under such terms and conditions as it may prescribe, authorizing a taking that otherwise is prohibited by this section if the taking is not for the purpose of, but will be only incidental to, the carrying out of an otherwise lawful activity.

AB585-ASA2,4,7 (c) The department may not issue a permit under this subsection unless an applicant for the permit submits to the department a conservation plan and an implementing agreement. The conservation plan shall include all of the following:

AB585-ASA2,4,10 1. A description of the impact that will likely occur as a result of the taking of an endangered species or threatened species that is specified on the department's endangered and threatened species list.

AB585-ASA2,4,12 2. The steps that the parties specified under par. (d) will take to minimize and mitigate the impact that the endangered species or the threatened species will suffer.

AB585-ASA2,4,14 3. A description of the funding that the parties specified under par. (d) will have available to implement the steps specified under subd. 2.

AB585-ASA2,4,16 4. A description of the alternative actions to the taking that the parties in par. (d) have considered and the reasons that these alternatives will not be utilized.

AB585-ASA2,4,18 5. Any other measures that the department may determine to be necessary or appropriate.

AB585-ASA2,4,21 (d) The implementing agreement required under par. (c) shall specifically name, and describe the obligations and responsibilities of, all the parties that will be involved in the taking as authorized by the permit.

AB585-ASA2,5,4 (e) Upon receipt of an application for a permit and the accompanying conservation plan and implementing agreement for a proposed taking, the department shall publicize the application by announcing the application receipt and by giving a brief description of the proposed taking. The publicity shall be distributed to the news media throughout the state and to any person who wants to receive notification of proposed takings under this subsection and who has so informed the department in writing. The department shall establish a procedure for receipt of public comment on the proposed taking.

AB585-ASA2,5,8 (f) After having considered the public comment received on the proposed taking, the department shall issue the permit if the department finds, based on the permit application, the conservation plan and the implementing agreement, the taking will meet all of the following requirements:

AB585-ASA2,5,10 1. The taking will not be the purpose of, but will be only incidental to, the carrying out of a lawful activity.

AB585-ASA2,5,12 2. The parties specified under par. (d) will, to the maximum extent practicable, minimize and mitigate the impact caused by the taking.

AB585-ASA2,5,14 3. The parties specified under par. (d) will ensure that adequate funding for the conservation plan will be provided.

AB585-ASA2,5,18 4. The taking will not appreciably reduce the likelihood of the survival or recovery of the endangered species or threatened species within the state, the whole plant-animal community of which it is a part or the habitat that is critical to its existence.

AB585-ASA2,5,19 5. Any measures required under par. (c) 5. will be met.

AB585-ASA2,5,22 (g) The department may require that a party specified under par. (d) make additional assurances that the requirements under par. (f) 1. to 5. will be met before issuing a permit under par. (f).

AB585-ASA2,6,2 (h) The department shall impose on the permit any terms or conditions that the department finds necessary to ensure that the requirements under par. (f) 1. to 5. will be met. These terms or conditions may include reporting and monitoring requirements.

AB585-ASA2,6,5 (i) The department shall revoke a permit issued under this subsection if it finds that a party specified under par. (d) fails to comply with the terms and conditions of the permit.

AB585-ASA2,6,9 (j) A permit issued by the department is not required if a permit under 16 USC 1539 has been issued and the department determines that that the federal permit, along with its conservation plan and implementing agreement, comply with the requirements under this subsection.

AB585-ASA2,6,10 (k) Paragraphs (b) to (j) do not apply to interagency activities under sub. (6r).

AB585-ASA2, s. 12 Section 12. 29.415 (6r) of the statutes is created to read:

AB585-ASA2,6,16 29.415 (6r) Interagency consultation. (a) A state agency shall notify the department at the earliest opportunity of the location, nature and extent of a proposed activity that the state agency may conduct, approve or fund and that may affect an endangered species or threatened species. The department may allow the taking of an endangered species or threatened species if all of the following apply:

AB585-ASA2,6,19 1. The activity is accomplished in accordance with interagency consultation procedures established by the department and the state agency for the purpose of minimizing any adverse effect on the endangered species or threatened species.

AB585-ASA2,6,25 2. The activity is not likely to jeopardize the continued existence and recovery of the endangered species or threatened species, or the whole plant-animal community of which it is a part, within this state and the activity is not likely to result in the destruction or adverse modification of a habitat that is critical to the continued existence of the endangered species or the threatened species within the state, as determined by the department under par. (b).

AB585-ASA2,7,1 3. The benefit to public health, safety or welfare justifies the activity.

AB585-ASA2,7,6 (b) For purposes of par. (a) 2., the department shall determine whether a habitat is critical to the continued existence of an endangered species or threatened species by considering the endangered species' or threatened species' global and state element ranking as defined by the methodology used by the natural heritage inventory program.

AB585-ASA2,7,14 (c) The department shall notify the state agency if the department determines that there is reasonable cause for the department to determine that an activity is not being carried out in compliance with this subsection or with any environmental protection requirements developed through interagency consultation procedures. If the secretary of natural resources and the head, as defined in s. 15.01 (8), of the state agency are unable to agree upon methods or time schedules to be used to correct the alleged noncompliance, the department may bring any action or initiate any other proceedings to enforce compliance with this subsection.

AB585-ASA2,7,19 (d) The department and the state agency shall exchange information and cooperate in the planning and implementation of any activity relating to the taking of any endangered species or threatened species in order to alleviate, to the maximum extent practicable under the circumstances, any potential adverse effect on the endangered species or the threatened species.

AB585-ASA2,7,22 (e) 1. Except as provided in subd. 2., cooperation between the department and the state agency under par. (d) shall include conducting reasonable surveys and reasonable biological assessments as determined by the department.

AB585-ASA2,8,2 2. Subdivision 1. does not apply if the department states in writing that it has data that is sufficient to make a determination that the proposed taking will not reduce the likelihood of the survival or recovery of the endangered species or threatened species within the state, the whole plant-animal community of which it is a part or the habitat that is critical to its existence.

AB585-ASA2,8,8 (em) 1. Before allowing the taking of an endangered species or threatened species under this subsection, the department shall give notice of the proposed activity to the news media throughout the state and to any person who wants to receive notification of proposed takings under this subsection and who has so informed the department in writing. The department shall transmit the notice at least 30 days before allowing the taking except as provided in subd. 2.

AB585-ASA2,8,11 2. If the department determines that it cannot comply with the 30-day time limit in subd. 1., the department shall transmit the notice as far in advance as is practicable before allowing the taking.

AB585-ASA2,8,15 (f) In addition to any requirements under s. 1.11, the department may give public notice of and hold public hearings on the activities of state agencies or the department in connection with interagency consultation and cooperation under this subsection.

AB585-ASA2,8,16 (End)