AB150-engrossed,593,53
1. The activity is accomplished in accordance with interagency consultation
4procedures established by the department and the agency for the purpose of
5minimizing any adverse effect on the endangered or threatened species.
AB150-engrossed,593,106
2. The activity is not likely to jeopardize the continued existence and recovery
7of the endangered or threatened species, the whole plant-animal community of
8which it is a part or is not likely to result in the destruction or adverse modification
9of a habitat that is critical to the continued existence of the endangered species or
10the threatened species, as determined by the department under par. (b).
AB150-engrossed,593,1111
3. The benefit to public health, safety or welfare justifies the activity.
AB150-engrossed,593,1512
(b) For purposes of par. (a) 2., the department shall determined whether a habit
13is critical to the continued existence of an endangered or threatened species by
14considering the endangered species' or threatened species' global and state element
15ranking as defined by natural heritage inventory methodology.
AB150-engrossed,593,2316
(c) The department shall notify the agency if the department determines that
17there is reasonable cause for the department to determine that an activity is not
18being carried out in compliance with this subsection or with any environmental
19protection requirements developed through interagency consultation procedures. If
20the secretary of natural resources and the head, as defined in s. 15.01 (8), of the
21agency or the state officer are unable to agree upon methods or time schedules to be
22used to correct the alleged noncompliance, the department may bring any action or
23initiate any other proceedings to enforce compliance with this subsection.
AB150-engrossed,594,324
(d) The department and the agency shall exchange information and cooperate
25in the planning and implementation of any activity relating to the taking,
1exportation, transportation or possession of any endangered species or threatened
2species in order to alleviate, to the extent practicable under the circumstances, any
3potential adverse effect on the endangered species or the threatened species.
AB150-engrossed,594,74
(e) Cooperation between the department and an agency under par. (d) may
5include conducting reasonable surveys upon the request of the department, unless
6the department determines that the requirements of public health, safety or welfare
7outweigh the need for the surveys.
AB150-engrossed,594,108
(f) Except as may be required under s. 1.11, no public notice or hearing is
9required in connection with interagency consultation and cooperation under this
10subsection.
AB150-engrossed,594,2113
29.544
(3) License required exceptions; wild rice identification card. Every
14person over the age of 16 and under the age of 65 shall obtain the appropriate wild
15rice license to harvest or deal in wild rice but no license to harvest is required of the
16members of the immediate family of a licensee or of a recipient of old-age assistance
17or general relief or members of their immediate families. The department shall issue
18a wild rice identification card to each member of a licensee's immediate family, to a
19recipient of old-age assistance
or general relief and to each member of the recipient's
20family. The term "immediate family" includes husband and wife and minor children
21having their abode and domicile with the parent or legal guardian.
AB150-engrossed,594,2423
29.547
(1) (a) "Dealer" means a person who
buys purchases for purposes of
24resale at least 8 ounces of wild ginseng
annually
in a license year.
AB150-engrossed,595,2
129.547
(1) (am) "License year" means the period beginning on July 1 of a given
2year and ending on the following June 30.
AB150-engrossed,595,64
29.547
(1) (b) "Wild ginseng" means
ginseng an unprocessed plant, dry root
,
or 5live root
or seed of the species Panax quinquefolius that is not grown or nurtured by
6a person.
AB150-engrossed, s. 1636
7Section
1636. 29.547 (4) of the statutes is renumbered 29.547 (4) (intro.) and
8amended to read:
AB150-engrossed,595,129
29.547
(4) Purchase with knowledge. (intro.)
No person may purchase wild
10ginseng if the person knows the ginseng was cut, rooted up or gathered between
11November 1 and the following September 1. No
person
dealer may purchase wild
12ginseng if
the person any of the following applies:
AB150-engrossed,595,14
13(b) The dealer knows
that the vendor does not have a license to harvest ginseng
14or that the vendor has violated this section or a rule promulgated under this section.
AB150-engrossed,595,1716
29.547
(4) (a) The dealer fails to inspect the vendor's wild ginseng harvest
17license or wild ginseng dealer license.
AB150-engrossed,595,2419
29.547
(6) (a)
Requirement. No person may cut, root up, gather or destroy wild
20ginseng unless the person has a
valid wild ginseng harvest license issued by the
21department. The department shall promulgate rules for issuing wild ginseng
22harvest licenses. The department may promulgate rules on the quantity of wild
23ginseng that each person may harvest
, and restrictions on areas where wild ginseng
24may be harvested and on the methods which may be used to harvest wild ginseng.
AB150-engrossed,596,1
129.547
(7) (title)
Wild ginseng dealer license licenses
.
AB150-engrossed, s. 1640
2Section
1640. 29.547 (7) of the statutes is renumbered 29.547 (7) (a) (intro.)
3and amended to read:
AB150-engrossed,596,74
29.547
(7) (a) (title)
License required. (intro.) No
person resident may
engage
5in business act as a dealer
and no dealer may purchase wild ginseng in this state 6unless he or she has
a one of the following valid wild ginseng dealer
license licenses 7issued by the department
.:
AB150-engrossed,596,9
8(c) (title)
Rules. The department may establish by rule the procedure for
9issuing
a wild ginseng dealer
license licenses.
AB150-engrossed,596,1311
29.547
(7) (a) 1. A class A resident wild ginseng dealer license authorizes the
12purchase for purposes of resale of not more than 100 pounds dry weight of wild
13ginseng in a license year.
AB150-engrossed,596,1715
29.547
(7) (a) 2. A class B resident wild ginseng dealer license authorizes the
16purchase for purposes of resale of not more than 1,000 pounds dry weight of wild
17ginseng in a license year.
AB150-engrossed,596,2019
29.547
(7) (a) 3. A class C resident wild ginseng dealer license authorizes the
20purchase for purposes of resale of any amount of wild ginseng in a license year.
AB150-engrossed,596,2422
29.547
(7) (b)
Nonresident wild ginseng dealer license. A person who is not a
23resident may not act as a dealer in this state unless he or she has a valid nonresident
24wild ginseng dealer license issued by the department.
AB150-engrossed,597,1
129.547
(8) (title)
Shipment
and certification of origin of wild ginseng.
AB150-engrossed,597,63
29.547
(8) (a) (title)
Certificate required Wild ginseng originating in this state.
4Except as provided under par. (b), no No person may ship
out of this state wild
5ginseng
out of that originates in this state unless the wild ginseng is accompanied
6by a valid
and completed shipping certificate
of origin issued under this subsection.
AB150-engrossed,597,139
29.547
(8) (bn)
Wild ginseng originating in another state. 1. No person may
10ship out of this state to a foreign country wild ginseng that originates in another state
11unless the wild ginseng is accompanied by a valid certificate of origin issued by that
12other state. No person may ship out of this state wild ginseng that originates in
13another state under a certificate of origin issued under this subsection.
AB150-engrossed,597,1614
2. No resident may purchase for purposes of resale wild ginseng that originates
15in another state unless the wild ginseng is accompanied by a valid certificate of origin
16from the other state.
AB150-engrossed,597,2017
3. If a dealer who is a resident receives wild ginseng that originated in another
18state and if a certificate of origin issued by that state does not accompany the wild
19ginseng, the dealer shall return the wild ginseng to the sender within 30 days after
20its receipt.
AB150-engrossed,598,222
29.547
(8) (c)
Issuance of certificates.
The department shall promulgate a rule
23establishing the procedure for issuing certificates of origin. The department may
24issue
shipping certificates
of origin only to a person who has a
valid wild ginseng
1harvest license or a
valid wild ginseng dealer license.
No person except the person
2to whom the shipping certificate is issued may use or possess the shipping certificate.
AB150-engrossed,598,104
29.547
(8) (d)
Effective period; cancellations; return. Unless canceled, a
5shipping certificate
of origin is valid for the period indicated on the certificate's face.
6The department may cancel a
shipping certificate
of origin at any time.
Any person
7to whom shipping certificates of origin are issued shall return all unused shipping
8certificates to the department within 10 days after the expiration of the period
9indicated on the certificates or within 10 days after the department cancels the
10certificates.
AB150-engrossed,598,1512
29.547
(8) (e)
Validity. A
shipping certificate
of origin is valid only if it has not
13expired or been canceled by the department, is fully completed and contains no false
14information. A
shipping certificate
of origin issued under this subsection is valid
15only for wild ginseng originating
from in this state.
AB150-engrossed,598,2317
29.547
(8) (f)
Prohibitions. No person may ship wild ginseng originating from
18another state under a shipping certificate issued under this subsection. No person
19may use an expired or canceled
shipping certificate
of origin, falsify information on
20a
shipping certificate
, use a shipping certificate without fully completing it of origin,
21maintain false records
or copies of shipping of certificates
of origin or fail to maintain
22records or comply with rules promulgated by the department concerning
shipping 23certificates
of origin.
AB150-engrossed,599,3
129.547
(9) (a)
Purchases. A dealer
who purchases wild ginseng shall maintain
2records of the quantity purchased, the name and wild ginseng license number of the
3vendor and other information required by the department.
AB150-engrossed,599,75
29.547
(9) (b)
Sales and shipments. A dealer shall maintain records required
6under
sub. (8) this section and shall keep records and reports of sales, shipments and
7transactions as required by the department.
AB150-engrossed,599,179
29.598
(7) (d) 2. The department shall pay participating counties under subd.
101. from the appropriation under s. 20.370
(4) (gb)
(5) (fa) and from the appropriation
11under s. 20.370
(4) (gq) (5) (fq) after first deducting from s. 20.370
(4) (gq) (5) (fq) 12payments made for county administrative costs under sub. (2) (d) and payments
13made for wildlife damage abatement assistance under sub. (5) (c). If the amount in
14the appropriation under s. 20.370
(4) (gb) (5) (fa) and the amount remaining after
15these deductions from the appropriation under s. 20.370
(4) (gq) (5) (fq) are not
16sufficient to pay the full amount required under subd. 1., the department shall pay
17participating counties on a prorated basis.
AB150-engrossed,600,219
29.599
(4) (a)
Costs reimbursed. Except as provided under par. (c), the
20department may pay each participating county or municipality up to 100% of the
21county's or municipality's actual costs that are directly attributable to providing
22additional law enforcement services during the spearfishing season. The
23department shall make any aid payments from the appropriations under s. 20.370
24(4) (ga) (5) (ea) by September 30 of the calendar year in which the county or
1municipality files an application under sub. (2) (c). The department may not make
2an aid payment unless the payment is approved by the secretary of administration.
AB150-engrossed,600,74
29.599
(4) (c)
Prorated payments allowed. If the total amount of reimbursable
5costs under par. (a) exceeds the amount available for payments under s. 20.370
(4)
6(ga) (5) (ea), the department may prorate payments to participating counties and
7municipalities.
AB150-engrossed,600,189
30.12
(3) (c) The department may promulgate rules deemed necessary to carry
10out the purposes of par. (a) 6., including rules to establish minimum standards to
11govern the architectural
and aesthetic features of boat shelters and the number of
12boat shelters that may be constructed adjacent to a parcel of land.
The rules may not
13govern the aesthetic features or color of boat shelters. The standards shall be
14designed to assure the structural soundness and durability of a boat shelter
and to
15minimize the visual intrusiveness of a boat shelter with respect to the surrounding
16body of water and shoreline. A municipality may enact ordinances not inconsistent
17with this section or with rules promulgated under this section regulating the
18architectural
and aesthetic features of boat shelters.
AB150-engrossed,600,2020
30.121
(3m) (title)
Exception; certain single-story boathouses.
AB150-engrossed,600,2522
30.121
(3r) Exception; damages after January 1
, 1984
. Subsections (2) and (3)
23do not apply to the repair or reconstruction of a damaged boathouse if the boathouse
24was damaged by violent wind, vandalism or fire and if the damage occurs after
25January 1, 1984.
AB150-engrossed,601,42
30.121
(6) Rules. The department may promulgate rules deemed necessary
3to carry out the purposes of this section.
The rules may not govern the aesthetic
4features or color of boathouses.
AB150-engrossed,601,106
30.126
(5) (h)
May not have improper toilets. No person may construct, place
7or maintain a fishing raft on authorized portions of the Wolf river if the fishing raft
8is equipped with a toilet which permits toilet waste to be disposed of in the waterway.
9A toilet on a fishing raft shall comply with rules of the department of
industry, labor
10and human relations development as if the toilet were on a boat.
AB150-engrossed,601,1312
30.203
(9) Funding. Funding for this project shall be paid from the
13appropriations under ss. 20.370 (1) (mu) and 20.866 (2) (tr)
and (tu).
AB150-engrossed,601,16
1530.28 (title)
Fee Fees for permits and, approvals, determinations and
16hearings.
AB150-engrossed,601,2318
30.28
(1) (title)
Fees required. The department shall charge a permit or
19approval fee for carrying out its duties and responsibilities under ss. 30.10
to 30.205
20and 30.21 to 30.27
except that the department may not charge a fee for an approval
21granted under s. 30.12 (3) (a) 3. The permit or approval fee shall accompany the
22permit application or request for approval
and shall be refunded if the permit or
23approval is not granted.
AB150-engrossed,602,5
130.28
(2) Amount of fees. (a) For fees charged for permits and approvals under
2ss. 30.10 to 30.205 and 30.21 to 30.27, the department shall classify the types of
3permits and approvals based on the estimated time spent by the department in
4reviewing, investigating and making determinations whether to grant the permits
5or approvals. The department shall then set the fees as follows:
AB150-engrossed,602,76
1. For a permit or approval with an estimated time of less than 3 hours, the fee
7shall be $30.
AB150-engrossed,602,98
2. For a permit or approval with an estimated time of more than 3 hours but
9less than 9 hours, the fee shall be $100.
AB150-engrossed,602,1110
3. For a permit or approval with an estimated time of more than 9 hours, the
11fee shall be $300.
AB150-engrossed,602,1312
(c) For conducting a hearing on an application for which notice is provided
13under s. 30.02 (3), the person requesting the hearing shall pay a fee of $25.
AB150-engrossed,602,1915
30.28
(2m) Adjustments in fees. (a) The department shall refund a permit or
16approval fee if the applicant requests a refund before the department determines
17that the application for the permit or approval is complete. The department may not
18refund a permit or approval fee after the department determines that the application
19is complete.
AB150-engrossed,602,2220
(b) If the applicant applies for a permit or requests an approval after the project
21is begun or after it is completed, the department shall charge an amount equal to
22twice the amount of the fee that it would have charged under this section.