AB150: Bill Text Engrossed

AB150-engrossed, s. 1631 Section 1631. 29.41 (3) of the statutes is amended to read:

AB150-engrossed,589,2 29.41 (3) Possess the raw skin of any muskrat, mink, otter, fisher or pine marten at any time unless the person is the holder of a scientific collector permit, fur dealer license, trapping license or resident conservation patron license of current issue. No license is required for a person breeding, raising and producing domestic fur-bearing animals in captivity as defined in s. 29.579 or for a person authorized to take muskrats on a cranberry marsh under a permit issued to the person by the department.

AB150-engrossed, s. 1631c Section 1631c. 29.415 (1) of the statutes is amended to read:

AB150-engrossed,589,25 29.415 (1) Purpose. The legislature finds that certain wild animals and wild plants are endangered or threatened and are entitled to preservation and protection as a matter of general state concern. The federal endangered species act of 1973 and the Lacey act together provide for the protection of wild animals and wild plants threatened with worldwide extinction by prohibiting the importation of endangered or threatened wild animals and wild plants and by restricting and regulating interstate and foreign commerce in wild animals and wild plants taken in violation of state, federal and foreign laws. The states, however, must also assume their responsibility for conserving these wild animals and wild plants and for restricting the taking, possession, transportation, processing or sale of endangered or threatened wild animals and wild plants within their respective jurisdictions to assure their continued survival and propagation for the aesthetic, recreational and scientific purposes of future generations. The legislature finds that by eliminating restricting the taking, possession or marketing of endangered species in this state and by establishing a program for conservation and restoration of these endangered or threatened species, their potential for continued existence will be strengthened. The legislature further finds that the activities of both individual persons and governmental agencies are tending to destroy the few remaining whole plant-animal communities in this state. Since these communities represent the only standard against which the effects of change can be measured, their preservation is of highest importance, and the legislature urges all persons and agencies to fully consider all decisions in this light.

AB150-engrossed, s. 1631e Section 1631e. 29.415 (2) (a) of the statutes is renumbered 29.415 (2) (am).

AB150-engrossed, s. 1631f Section 1631f. 29.415 (2) (ac) of the statutes is created to read:

AB150-engrossed,590,5 29.415 (2) (ac) "Agency" means a board, commission, committee, department, except the department of natural resources, or officer in the state government, except the governor, a district attorney or a military or judicial officer.

AB150-engrossed, s. 1631j Section 1631j. 29.415 (2) (ag) of the statutes is created to read:

AB150-engrossed,590,8 29.415 (2) (ag) "Agency action" means any action authorized, funded or implemented by an agency.

AB150-engrossed, s. 1631k Section 1631k. 29.415 (2) (bn) of the statutes is created to read:

AB150-engrossed,590,11 29.415 (2) (bn) "Whole plant-animal community" means a group of species living together in a particular area, time and habitat.

AB150-engrossed, s. 1631ki Section 1631ki. 29.415 (4) (intro.) of the statutes is amended to read:

AB150-engrossed,590,14 29.415 (4) Prohibition. (intro.) Except as provided in sub. (6r) or as permitted by departmental rule or permit:

AB150-engrossed, s. 1631L Section 1631L. 29.415 (6m) of the statutes is created to read:

AB150-engrossed,590,19 29.415 (6m) Incidental take permits. (a) 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 a lawful activity.

AB150-engrossed,590,22 (b) 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:

AB150-engrossed,590,25 1. A description of the impact that will likely occur to endangered species or threatened species specified by the department's endangered and threatened species list.

AB150-engrossed,591,2 2. The steps that the applicant will take to minimize and mitigate the impact that the endangered species or the threatened species will suffer.

AB150-engrossed,591,4 3. A description of the funding that the applicant will have available to implement the steps specified under subd. 2.

AB150-engrossed,591,6 4. A description of the alternative actions to the taking that the applicant has considered and the reasons that these alternatives will not be utilized.

AB150-engrossed,591,8 5. Any other measures that the department may determine to be necessary or appropriate.

AB150-engrossed,591,10 (d) An application for a permit under this subsection may contain more than one applicant.

AB150-engrossed,591,16 (f) 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 in the vicinity of the proposed taking. The department shall establish a procedure for receipt of public comment on the proposed taking.

AB150-engrossed,591,20 (g) 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 implementation agreement, that the taking will meet all of the following requirements:

AB150-engrossed,591,22 1. The taking will not be for the purpose of, but will be only incidental to, the carrying out a lawful activity.

AB150-engrossed,591,24 2. The applicant will, to the maximum extent practicable, minimize and mitigate the impact caused by the taking.

AB150-engrossed,592,2 3. The applicant will ensure that adequate funding for the conservation plan will be provided.

AB150-engrossed,592,5 4. The taking will not appreciably reduce the likelihood of the survival or recovery of the endangered species or threatened species, the whole plant-animal community of which it is a part or the habitat that is critical to its existence.

AB150-engrossed,592,6 5. Any measures required under par. (b) 5. will be met.

AB150-engrossed,592,9 (gm) The department may require that an applicant make additional assurances that the requirements under par. (g) 1. to 5. will be met before issuing a permit under par. (g).

AB150-engrossed,592,13 (h) The department shall impose on the permit terms or conditions that the department finds necessary or appropriate to ensure that the requirements under par. (g) 1. to 5. will be met. These terms or conditions may include reporting and monitoring requirements.

AB150-engrossed,592,15 (i) The department shall revoke a permit issued under this subsection if it finds that an applicant fails to comply with the terms and conditions of the permit.

AB150-engrossed,592,19 (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.

AB150-engrossed,592,20 (k) This subsection does not apply to interagency activities under sub. (6r).

AB150-engrossed, s. 1631Li Section 1631Li. 29.415 (6r) of the statutes is created to read:

AB150-engrossed,593,2 29.415 (6r) Consultation. (a) An agency shall notify the department at the earliest opportunity of the location, nature and extent of a proposed activity the agency may conduct, approve or fund that may affect an endangered or threatened species. The department may allow the taking, exportation, transportation or possession of an endangered or threatened species if all of the following apply:

AB150-engrossed,593,5 1. The activity is accomplished in accordance with interagency consultation procedures established by the department and the agency for the purpose of minimizing any adverse effect on the endangered or threatened species.

AB150-engrossed,593,10 2. The activity is not likely to jeopardize the continued existence and recovery of the endangered or threatened species, the whole plant-animal community of which it is a part or 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, as determined by the department under par. (b).

AB150-engrossed,593,11 3. The benefit to public health, safety or welfare justifies the activity.

AB150-engrossed,593,15 (b) For purposes of par. (a) 2., the department shall determined whether a habit is critical to the continued existence of an endangered or threatened species by considering the endangered species' or threatened species' global and state element ranking as defined by natural heritage inventory methodology.

AB150-engrossed,593,23 (c) The department shall notify the 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 agency or the state officer 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.

AB150-engrossed,594,3 (d) The department and the agency shall exchange information and cooperate in the planning and implementation of any activity relating to the taking, exportation, transportation or possession of any endangered species or threatened species in order to alleviate, to the extent practicable under the circumstances, any potential adverse effect on the endangered species or the threatened species.

AB150-engrossed,594,7 (e) Cooperation between the department and an agency under par. (d) may include conducting reasonable surveys upon the request of the department, unless the department determines that the requirements of public health, safety or welfare outweigh the need for the surveys.

AB150-engrossed,594,10 (f) Except as may be required under s. 1.11, no public notice or hearing is required in connection with interagency consultation and cooperation under this subsection.

AB150-engrossed, s. 1631m Section 1631m. 29.525 of the statutes is repealed.

AB150-engrossed, s. 1632 Section 1632. 29.544 (3) of the statutes is amended to read:

AB150-engrossed,594,21 29.544 (3) License required exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or general relief or members of their immediate families. The department shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance or general relief and to each member of the recipient's family. The term "immediate family" includes husband and wife and minor children having their abode and domicile with the parent or legal guardian.

AB150-engrossed, s. 1633 Section 1633. 29.547 (1) (a) of the statutes is amended to read:

AB150-engrossed,594,24 29.547 (1) (a) "Dealer" means a person who buys purchases for purposes of resale at least 8 ounces of wild ginseng annually in a license year.

AB150-engrossed, s. 1634 Section 1634. 29.547 (1) (am) of the statutes is created to read:

AB150-engrossed,595,2 29.547 (1) (am) "License year" means the period beginning on July 1 of a given year and ending on the following June 30.

AB150-engrossed, s. 1635 Section 1635. 29.547 (1) (b) of the statutes is amended to read:

AB150-engrossed,595,6 29.547 (1) (b) "Wild ginseng" means ginseng an unprocessed plant, dry root, or live root or seed of the species Panax quinquefolius that is not grown or nurtured by a person.

AB150-engrossed, s. 1636 Section 1636. 29.547 (4) of the statutes is renumbered 29.547 (4) (intro.) and amended to read:

AB150-engrossed,595,12 29.547 (4) Purchase with knowledge. (intro.) No person may purchase wild ginseng if the person knows the ginseng was cut, rooted up or gathered between November 1 and the following September 1. No person dealer may purchase wild ginseng if the person any of the following applies:

AB150-engrossed,595,14 (b) The dealer knows that the vendor does not have a license to harvest ginseng or that the vendor has violated this section or a rule promulgated under this section.

AB150-engrossed, s. 1637 Section 1637. 29.547 (4) (a) of the statutes is created to read:

AB150-engrossed,595,17 29.547 (4) (a) The dealer fails to inspect the vendor's wild ginseng harvest license or wild ginseng dealer license.

AB150-engrossed, s. 1638 Section 1638. 29.547 (6) (a) of the statutes is amended to read:

AB150-engrossed,595,24 29.547 (6) (a) Requirement. No person may cut, root up, gather or destroy wild ginseng unless the person has a valid wild ginseng harvest license issued by the department. The department shall promulgate rules for issuing wild ginseng harvest licenses. The department may promulgate rules on the quantity of wild ginseng that each person may harvest, and restrictions on areas where wild ginseng may be harvested and on the methods which may be used to harvest wild ginseng.

AB150-engrossed, s. 1639 Section 1639. 29.547 (7) (title) of the statutes is amended to read:

AB150-engrossed,596,1 29.547 (7) (title) Wild ginseng dealer license licenses .

AB150-engrossed, s. 1640 Section 1640. 29.547 (7) of the statutes is renumbered 29.547 (7) (a) (intro.) and amended to read:

AB150-engrossed,596,7 29.547 (7) (a) (title) License required. (intro.) No person resident may engage in business act as a dealer and no dealer may purchase wild ginseng in this state unless he or she has a one of the following valid wild ginseng dealer license licenses issued by the department.:

AB150-engrossed,596,9 (c) (title) Rules. The department may establish by rule the procedure for issuing a wild ginseng dealer license licenses.

AB150-engrossed, s. 1641 Section 1641. 29.547 (7) (a) 1. of the statutes is created to read:

AB150-engrossed,596,13 29.547 (7) (a) 1. A class A resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 100 pounds dry weight of wild ginseng in a license year.

AB150-engrossed, s. 1642 Section 1642. 29.547 (7) (a) 2. of the statutes is created to read:

AB150-engrossed,596,17 29.547 (7) (a) 2. A class B resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 1,000 pounds dry weight of wild ginseng in a license year.

AB150-engrossed, s. 1643 Section 1643. 29.547 (7) (a) 3. of the statutes is created to read:

AB150-engrossed,596,20 29.547 (7) (a) 3. A class C resident wild ginseng dealer license authorizes the purchase for purposes of resale of any amount of wild ginseng in a license year.

AB150-engrossed, s. 1644 Section 1644. 29.547 (7) (b) of the statutes is created to read:

AB150-engrossed,596,24 29.547 (7) (b) Nonresident wild ginseng dealer license. A person who is not a resident may not act as a dealer in this state unless he or she has a valid nonresident wild ginseng dealer license issued by the department.

AB150-engrossed, s. 1645 Section 1645. 29.547 (8) (title) of the statutes is amended to read:

AB150-engrossed,597,1 29.547 (8) (title) Shipment and certification of origin of wild ginseng.

AB150-engrossed, s. 1646 Section 1646. 29.547 (8) (a) of the statutes is amended to read:

AB150-engrossed,597,6 29.547 (8) (a) (title) Certificate required Wild ginseng originating in this state. Except as provided under par. (b), no No person may ship out of this state wild ginseng out of that originates in this state unless the wild ginseng is accompanied by a valid and completed shipping certificate of origin issued under this subsection.

AB150-engrossed, s. 1647 Section 1647. 29.547 (8) (b) of the statutes is repealed.

AB150-engrossed, s. 1648 Section 1648. 29.547 (8) (bn) of the statutes is created to read:

AB150-engrossed,597,13 29.547 (8) (bn) Wild ginseng originating in another state. 1. No person may ship out of this state to a foreign country wild ginseng that originates in another state unless the wild ginseng is accompanied by a valid certificate of origin issued by that other state. No person may ship out of this state wild ginseng that originates in another state under a certificate of origin issued under this subsection.

AB150-engrossed,597,16 2. No resident may purchase for purposes of resale wild ginseng that originates in another state unless the wild ginseng is accompanied by a valid certificate of origin from the other state.

AB150-engrossed,597,20 3. If a dealer who is a resident receives wild ginseng that originated in another state and if a certificate of origin issued by that state does not accompany the wild ginseng, the dealer shall return the wild ginseng to the sender within 30 days after its receipt.

AB150-engrossed, s. 1649 Section 1649. 29.547 (8) (c) of the statutes is amended to read:

AB150-engrossed,598,2 29.547 (8) (c) Issuance of certificates. The department shall promulgate a rule establishing the procedure for issuing certificates of origin. The department may issue shipping certificates of origin only to a person who has a valid wild ginseng harvest license or a valid wild ginseng dealer license. No person except the person to whom the shipping certificate is issued may use or possess the shipping certificate.

AB150-engrossed, s. 1650 Section 1650. 29.547 (8) (d) of the statutes is amended to read:

AB150-engrossed,598,10 29.547 (8) (d) Effective period; cancellations; return. Unless canceled, a shipping certificate of origin is valid for the period indicated on the certificate's face. The department may cancel a shipping certificate of origin at any time. Any person to whom shipping certificates of origin are issued shall return all unused shipping certificates to the department within 10 days after the expiration of the period indicated on the certificates or within 10 days after the department cancels the certificates.

AB150-engrossed, s. 1651 Section 1651. 29.547 (8) (e) of the statutes is amended to read:

AB150-engrossed,598,15 29.547 (8) (e) Validity. A shipping certificate of origin is valid only if it has not expired or been canceled by the department, is fully completed and contains no false information. A shipping certificate of origin issued under this subsection is valid only for wild ginseng originating from in this state.

AB150-engrossed, s. 1652 Section 1652. 29.547 (8) (f) of the statutes is amended to read: