Wisconsin Legislature: 27,1139zm

27,1139tm Section 1139tm. 29.62 (1) of the statutes is amended to read:

29.62 (1) The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state, other than waters in a self-contained fish rearing facility or in a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water.

27,1139um Section 1139um. 29.623 of the statutes is renumbered 29.623 (1).

27,1139ur Section 1139ur. 29.623 (2) of the statutes is created to read:

29.623 (2) Subsection (1) does not authorize the department to remove fish from a self-contained fish rearing facility or from a preexisting fish rearing facility that is an artificial body of water unless one or more of the following apply:

(a) The fish are of a species that is not native to this state and the department determines that having the fish in that particular self-contained fish rearing facility or preexisting fish rearing facility poses a risk of being detrimental to the waters of the state.

(b) The department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish to address a problem affecting fish health.

27,1139v Section 1139v. 29.645 of the statutes is amended to read:

29.645 Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer or farm-raised fish.

27,1139vv Section 1139vv. 29.65 (1) (intro.) of the statutes is amended to read:

29.65 (1) (intro.) The department may bring a civil action in the name of the state for the recovery of damages against any person unlawfully killing, wounding, catching, taking, trapping, or having unlawfully in possession or possessing in violation of this chapter any of the following named protected wild animals, birds, or fish, or any part of an animal, bird or fish, and the sum assessed for damages for each wild animal, bird, or fish shall be not less than the amount stated in this section:

27,1139w Section 1139w. 29.99 (15) of the statutes is amended to read:

29.99 (15) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not farm-raised deer, farm-raised fish or domesticated animals;, that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were farm-raised deer, farm-raised fish or domesticated animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts.

27,1139we Section 1139we. 30.01 (1c) of the statutes is amended to read:

30.01 (1c) “Boat shelter" means a structure in navigable waters designed and constructed for the purpose of providing cover for a berth place for watercraft, which may have has a roof but may does not have walls or sides. Such a structure may include a boat hoist device for lifting a boat.

27,1139wg Section 1139wg. 30.01 (5) of the statutes is amended to read:

30.01 (5) “Pier" means any structure extending into navigable waters from the shore with water on both sides, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat shelter which is removed seasonally. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally.

27,1139wi Section 1139wi. 30.01 (8) of the statutes is amended to read:

30.01 (8) “Wharf" means any structure in navigable waters extending along the shore and generally connected with the uplands throughout its length, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally.

27,1139x Section 1139x. 30.1255 (1) (intro.) and (a) of the statutes are consolidated, renumbered 30.1255 (1) and amended to read:

30.1255 (1) (title) Definitions Definition. In this section: (a) “Aquatic, “aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters or that threatens a commercial, agricultural, aquacultural or recreational activity dependent on infested waters.

27,1139y Section 1139y. 30.1255 (1) (b) of the statutes is repealed.

27,1139z Section 1139z. 30.1255 (2) of the statutes is repealed.

27,1139zb Section 1139zb. 30.1255 (3) (a) (intro.) of the statutes is amended to read:

30.1255 (3) (a) (intro.) After consulting with the council, the The department shall submit periodically to the legislature reports describing all of the following:

27,1139zm Section 1139zm. 30.135 of the statutes is created to read:

30.135 Regulation of water ski platforms and jumps. (1) When permit required. (a) A riparian proprietor may place a water ski platform or water ski jump in a navigable waterway without obtaining a permit if all of the following requirements are met:

1. The platform or jump does not interfere with public rights in navigable waters.

2. The platform or jump does not interfere with rights of other riparian proprietors.

3. The platform or jump is located at a site that ensures adequate water depth and clearance for safe water skiing.

(b) If the department determines that any of the requirements under par. (a) are not met, the riparian owner shall submit a permit application to the department.

(2) Notice and hearing procedure. (a) Upon receipt of a complete permit application, the department shall either order a hearing or provide notice stating that it will proceed on the application without a hearing unless a substantive written objection to issuance of the permit is received within 30 days after publication of the notice. The department shall provide a copy of the notice to the applicant for the permit, the clerk of each municipality in which the water ski platform or water ski jump is to be located and to any other person required by law to receive notice. The department may provide notice to other persons as it considers appropriate. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.

(b) If the department receives no substantive written objection to the permit and proceeds on the permit application without a hearing, the department shall approve or disapprove the permit within 5 days after the date that the 30-day period under par. (a) expires.

(c) If the department orders a hearing on the permit application, the hearing shall be scheduled within 30 days after the date on which the department orders the hearing. The division of hearings and appeals shall mail copies of the written notice of the hearing at least 10 days before the hearing to each person provided the notice under par. (a). The division of hearings and appeals shall mail the copies at least 10 days before the hearing except that it shall mail the copy to the applicant for the permit at least 20 days before the hearing. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of the publication with the hearing examiner at or prior to the hearing.

(3) Rules. (a) The department shall promulgate a rule listing specific reasons that will support a substantive written objection to the placement of a water ski platform or water ski jump.

(b) The department shall promulgate rules specifying the information that shall be disclosed in an notice under sub. (2) (a). The disclosed information shall include all of the following:

1. A statement explaining what constitutes a substantive written objection and the list of specific reasons that support a substantive written objection that is promulgated under par. (a).

2. The fact that the department may decide to proceed on the application without a hearing.

3. The fact that a decision to proceed on an application without a hearing under subd. 2. is subject to review under ch. 227.

(4) Exemption. Section 30.02 does not apply to permit applications submitted under this section.

27,1139zr Section 1139zr. 30.2037 of the statutes is created to read:

30.2037 Big Silver Lake high-water mark. The ordinary high-water mark of Big Silver Lake in the town of Marion in Waushara County shall be set by the department at 867 feet above mean sea level as determined under U.S. geological survey standards.

27,1140 Section 1140 . 30.277 (3) (k) of the statutes is created to read:

30.277 (3) (k) Whether the project is related to brownfields redevelopment, as defined in s. 23.09 (19) (a) 1.

27,1141 Section 1141 . 30.277 (6) of the statutes is amended to read:

30.277 (6) Rules. The department shall promulgate rules for the administration of this section, including rules that specify the weight to be assigned to each criterion under sub. (3) and the minimum number of criteria under sub. (3) in which an applicant must perform satisfactorily in order to be awarded a grant. In specifying the weight to be assigned to the criteria under sub. (3), the department shall assign the greatest weight to the criterion under sub. (3) (k).

27,1141e Section 1141e. 30.28 (2) (c) of the statutes is repealed.

27,1142 Section 1142 . 30.28 (2r) of the statutes is created to read:

30.28 (2r) Fee for expedited service. (a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:

1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit under the rule promulgated under par. (b) for that type of permit or approval.

2. The department verifies that it will be able to comply with the request.

(b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or approval classified under sub. (2) (a) for determining whether the department will grant the permit or approval.

27,1142m Section 1142m. 30.45 (7) (b) of the statutes is amended to read:

30.45 (7) (b) A sign erected by the state or municipality in charge of a highway, or by a person authorized under s. 86.19 (7).

27,1143 Section 1143 . 30.52 (3m) (b) of the statutes is amended to read:

30.52 (3m) (b) All moneys collected under par. (a) shall be deposited into the account under s. 20.370 (1) (is) (3) (is).

27,1144 Section 1144 . 30.541 (3) (d) 2. d. of the statutes is amended to read:

30.541 (3) (d) 2. d. The limit in subd. 2. c. does not apply if the surviving spouse proceeds under s. 867.03 (1) (1g) and the total value of the decedent's solely owned property in the state, including boats transferred under this subdivision, does not exceed $10,000.

27,1144q Section 1144q. 30.92 (4) (b) 2. of the statutes is amended to read:

30.92 (4) (b) 2. a. The department may cost-share, with the approval of the commission, with a qualified lake association or an affected governmental unit, including itself, at a rate of up to 50% of any construction, acquisition, rehabilitation, feasibility study or other project costs or any combination of these costs, for the recreational boating project if the costs are the type that qualify for funding under this section.

c. The department may pay, with the approval of the commission, an additional 10% of the costs of a construction project if the municipality conducts a boating safety enforcement and education program approved by the department.

27,1144r Section 1144r. 30.92 (4) (b) 2. b. of the statutes is created to read:

30.92 (4) (b) 2. b. The department, with the approval of the commission, may increase the maximum cost-share rate under subd. 2. a. from 50% to 80% if the commission determines that the recreational boating project is a project of statewide or regional significance.

27,1144s Section 1144s. 30.92 (4) (b) 2m. of the statutes is created to read:

30.92 (4) (b) 2m. The qualified lake association or governmental unit that cost-shares under subd. 2. may make its contribution in matching funds or in-kind contributions or both.

27,1145 Section 1145 . 30.92 (4) (b) 8. bn. of the statutes is created to read:

30.92 (4) (b) 8. bn. Acquisition of capital equipment that is necessary to collect and remove floating trash and debris from a waterway.

27,1146 Section 1146 . 30.92 (4m) of the statutes is created to read:

30.92 (4m) Lake Superior harbor of refuge. The department, with the approval of the commission, may expend an amount to pay up to 100% of the eligible costs for the construction of a harbor of refuge along the Lake Superior shoreline. Notwithstanding sub. (4) (b) 4., the project costs may include the acquisition of land. Notwithstanding sub. (4) (a), the department may expend directly the amount authorized under this subsection even though Lake Superior is not an inland lake without a public access facility. Notwithstanding sub. (4) (b) 2., the department need not contribute any moneys to match the amount expended from the appropriation under s. 20.370 (5) (cq). The amount expended under this subsection shall be considered an expenditure for a Great Lakes project. This project need not be placed on the priority list under sub. (3) (a).

27,1146d Section 1146d. 30.92 (4t) of the statutes is created to read:

30.92 (4t) Linnie Lac Dam . Of the amounts appropriated under s. 20.370 (5) (cq) and before applying the percentages under sub. (4) (b) 6., the department shall provide to the Linnie Lac Management District the amount that is necessary for the repair, removal or reconstruction of the Linnie Lac Dam, but the amount shall not exceed $250,000. The Linnie Lac Management District need not assume ownership of the Linnie Lac Dam and, notwithstanding sub. (4) (b) 2., the Linnie Lac Management District need not contribute any moneys to match the amount expended from the appropriation under s. 20.370 (5) (cq). Notwithstanding sub. (1) (c), the dam project specified under this subsection is a recreational boating facility for the purpose of expending moneys under this section. This project need not be placed on the priority list under sub. (3) (a).

27,1146g Section 1146g. 30.92 (5) of the statutes is renumbered 30.92 (5) (a).

27,1146h Section 1146h. 30.92 (5) (b) of the statutes is created to read:

30.92 (5) (b) For purposes of sub. (4) (b) 2. b., the department shall promulgate rules to be used to determine whether a recreational boating project is a recreational boating project of statewide or regional significance.

27,1147 Section 1147 . 30.94 (6m) of the statutes is amended to read:

30.94 (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) (9) (ju) 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.

27,1147f Section 1147f. 31.385 (2) (ag) of the statutes is created to read:

31.385 (2) (ag) Of the amounts appropriated under s. 20.866 (2) (tL), at least $250,000 shall be used for projects to remove dams that are less than 15 feet wide and that create impoundments of 50 acre-feet of water or less. A project under this paragraph may include restoring the stream or river that was dammed.

27,1147g Section 1147g. 31.385 (2) (ar) of the statutes is created to read:

31.385 (2) (ar) Of the amounts appropriated under s. 20.866 (2) (tL), at least $100,000 shall be used for the removal of abandoned dams.

27,1148 Section 1148. 31.39 (2r) of the statutes is created to read:

31.39 (2r) Fee for expedited service. (a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:

1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit promulgated under par. (b) for that type of permit or approval.

2. The department verifies that it will be able to comply with the request.

27,1148p Section 1148p. 33.001 (2) (b) of the statutes is amended to read:

33.001 (2) (b) A state effort of research, analysis, planning and financing, and a local effort undertaken by districts and, the Dane county lakes and watershed commission and the Southeastern Wisconsin Fox River commission of planning and plan implementation are necessary and desirable and that the districts should be formed by persons directly affected by the deteriorated condition of inland waters and willing to assist financially, or through other means, in remedying lake problems.

27,1148q Section 1148q. 33.01 (1r) of the statutes is repealed.

27,1148r Section 1148r. Subchapter II of chapter 33 [precedes 33.05] of the statutes is repealed.