Amendment ASA1-AB100

AB100-ASA1,521,18 29.51 (4) (title) Removal of spawn fish eggs or fish from state. No person shall may remove any fish eggs or live fish from this state except as authorized by law, unless a permit therefor has been issued to the person by the department. This subsection does not apply to farm-raised fish.

AB100-ASA1, s. 1120r Section 1120r. 29.51 (5) of the statutes is amended to read:

AB100-ASA1,522,2 29.51 (5) (title) Unlawful fishing by employes Fishing for propagation purposes. No employe of the department, and no other person, while engaged in catching wild fish from the public waters of the state for purposes of artificial propagation, shall may take or have possession or control of any kind of fish other than those that the person has been directed, by the department, to take therefrom is authorized to possess or control under the person's approval authorizing fishing or that the person is otherwise authorized by the department to possess or control.

AB100-ASA1, s. 1120v Section 1120v. 29.513 (5) of the statutes is created to read:

AB100-ASA1,522,5 29.513 (5) A person using a navigable lake that is completely landlocked to rear farm-raised fish is exempt from the requirement of a permit under this section.

AB100-ASA1, s. 1120x Section 1120x. 29.52 of the statutes is repealed.

AB100-ASA1, s. 1124c Section 1124c. 29.521 of the statutes is created to read:

AB100-ASA1,522,13 29.521 Waters used in private fish hatcheries. Any area of water or water supply used as part of a private fish hatchery licensed under s. 29.52, 1995 stats., on the day before the effective date of this section .... [revisor inserts date], may continue to be used as part of a fish farm in the same manner and to the same extent that the area or supply was used on the day before the effective date of this section .... [revisor inserts date].

AB100-ASA1, s. 1124e Section 1124e. 29.53 of the statutes is created to read:

AB100-ASA1,522,15 29.53 Stocking of fish. (1) In this section:

AB100-ASA1,522,16 (a) "Fish" includes fish eggs.

AB100-ASA1,522,17 (b) "Waters of the state" does not include any of the following:

AB100-ASA1,522,18 1. An artificial body of water.

AB100-ASA1,522,20 2. A natural body of water that is used as part of a state or municipal fish hatchery.

AB100-ASA1,522,22 3. A natural body of water that is used as part of a fish farm, except as provided in par. (c).

AB100-ASA1,522,23 (c) Notwithstanding par. (b) 3., "waters of the state" includes a fishing preserve.

AB100-ASA1,522,25 (2) (a) No person may introduce, stock or plant any fish in the waters of the state unless all of the following apply:

AB100-ASA1,523,1 1. The person has a permit issued by the department.

AB100-ASA1,523,4 2. The person is in compliance with the applicable requirements under s. 95.60 (2) and (3) or the fish are acquired from a person who is in compliance with the applicable requirements.

AB100-ASA1,523,6 (b) A person applying for a permit under this section shall submit a written application to the department.

AB100-ASA1,523,8 (c) This subsection does not apply to introduction, stocking or planting of fish by the department.

AB100-ASA1,523,12 (3) (a) The department may not introduce, stock or plant any fish in the waters of the state unless the department is in compliance with the health certificate requirements under s. 95.60 (2) and (3) or the fish are acquired from a person who is in compliance with the applicable requirements under s. 95.60 (2) and (3).

AB100-ASA1,523,14 (4) For the purposes of issuing permits under this section and for introducing, stocking or planting of fish by the department, the department:

AB100-ASA1,523,17 (a) Shall accept the certification performed under s. 95.60 (3) concerning the health of the fish and may not require that any additional testing, inspection or investigation be performed concerning the health of the fish.

AB100-ASA1,523,19 (b) May regulate the species of fish, the number of fish and the sites where the fish will be introduced, planted or stocked.

AB100-ASA1, s. 1124g Section 1124g. 29.535 (title) of the statutes is amended to read:

AB100-ASA1,523,21 29.535 (title) Introduction of wild animals other than fish.

AB100-ASA1, s. 1124h Section 1124h. 29.535 (1) (a) 1. of the statutes is amended to read:

AB100-ASA1,523,25 29.535 (1) (a) 1. Importing into the state any fish, spawn or any other wild animal other than fish or their eggs for the purpose of introducing, stocking or planting that fish, spawn or wild animal.

AB100-ASA1, s. 1124i Section 1124i. 29.535 (1) (a) 2. of the statutes is amended to read:

AB100-ASA1,524,3 29.535 (1) (a) 2. Introducing, stocking or planting any fish, spawn or other wild animal other than fish or their eggs.

AB100-ASA1, s. 1124j Section 1124j. 29.535 (1) (c) of the statutes is amended to read:

AB100-ASA1,524,7 29.535 (1) (c) Permits for introducing, stocking or planting under par. (a) 2. shall be issued by the department only after investigation and inspection of the fish, spawn or other wild animals as the department determines necessary.

AB100-ASA1, s. 1124k Section 1124k. 29.535 (1) (d) of the statutes is repealed.

AB100-ASA1, s. 1124L Section 1124L. 29.535 (1) (e) of the statutes is repealed.

AB100-ASA1, s. 1124m Section 1124m. 29.535 (1) (f) of the statutes is renumbered 29.51 (3m) and amended to read:

AB100-ASA1,524,15 29.51 (3m) (title) Destruction of fish eggs or fish. The department may seize or destroy, or both, any fish or spawn thereof fish eggs that are in the waters of the state and that are found to be infected with any disease organisms as are designated by the department.

AB100-ASA1, s. 1124n Section 1124n. 29.535 (2) (a) of the statutes is amended to read:

AB100-ASA1,524,19 29.535 (2) (a) Importing into the state any fish, spawn or any other wild animal other than fish or their eggs for the purpose of introducing, stocking or planting that fish, spawn or wild animal.

AB100-ASA1, s. 1124p Section 1124p. 29.535 (2) (b) of the statutes is amended to read:

AB100-ASA1,524,22 29.535 (2) (b) Introducing, stocking or planting any fish, spawn or other wild animal other than fish or their eggs.

AB100-ASA1, s. 1124q Section 1124q. 29.535 (3) of the statutes is renumbered 29.53 (5) and amended to read:

AB100-ASA1,525,14 29.53 (5) This The requirement of being issued a permit under this section shall not apply to civic organizations, organizations operating newspapers or television stations or promoters of sport shows when and in connection with publicly showing or exhibiting or giving demonstrations with brook, brown or rainbow trout for periods of not to exceed 10 days. Brook, brown or rainbow trout used for such purposes shall be obtained only from resident Class A or Class B private fish hatchery operators licensed under s. 29.52 (4). Such private fish hatchery operators persons who are in compliance with s. 95.60 (2) and (3). A person introducing, stocking or planting trout or their eggs under this subsection shall keep a record of all brook, brown or rainbow the number and type of all trout introduced in,stocked or planted, or delivered for introduction, stocking or planting, in any public waters of the state and shall make a report of such introduction or delivery for such introduction of these records to the department on or before December 31 of each year on forms furnished by the department.

AB100-ASA1, s. 1124t Section 1124t. 29.536 (5) of the statutes is created to read:

AB100-ASA1,525,18 29.536 (5) Any fish or fish eggs brought into this state that will be stocked in a municipal fish hatchery are subject to the permitting and certificate requirements under s. 95.60 (2) and (3).

AB100-ASA1, s. 1126e Section 1126e. 29.55 (2m) of the statutes is amended to read:

AB100-ASA1,525,21 29.55 (2m) Subsections (1) and (2) do not apply to farm-raised deer or farm-raised fish.

AB100-ASA1, s. 1126m Section 1126m. 29.572 (1) of the statutes is amended to read:

AB100-ASA1,526,2 29.572 (1) No person shall cause, authorize or permit any lands or waters to be posted with signs of any kind indicating that such lands or waters are licensed under s. 29.52 or ss. 29.573 to 29.578 unless such lands and waters are in fact so licensed.

AB100-ASA1, s. 1138m Section 1138m. 29.585 (2) (a) of the statutes is amended to read:

AB100-ASA1,526,8 29.585 (2) (a) In this section, "wild animal" means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the statutes whether or not the mammal, fish or bird was bred or reared in captivity, but does not include deer of the genus dama, cervus or rangifer or farm-raised fish.

AB100-ASA1, s. 1139e Section 1139e. 29.59 (1) (f) of the statutes is amended to read:

AB100-ASA1,526,12 29.59 (1) (f) Notwithstanding s. 29.01 (14), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or farm-raised fish.

AB100-ASA1, s. 1139g Section 1139g. 29.59 (5) (a) of the statutes is amended to read:

AB100-ASA1,526,20 29.59 (5) (a) The department may refuse to investigate under sub. (3) (a) if the person making the complaint refuses to participate in any available accept or implement any wildlife damage abatement program administered measures offered by the department under s. 29.598 (4) or refuses to follow other reasonable abatement measures recommended by the department or by the county in which the property is located if the county participates in a wildlife damage abatement program.

AB100-ASA1, s. 1139m Section 1139m. 29.59 (5) (b) of the statutes is amended to read:

AB100-ASA1,527,2 29.59 (5) (b) Before taking action under sub. (3) (b) or (4), the department may require the person making the complaint to participate in accept or implement any available wildlife damage abatement program administered measures offered by the department under s. 29.598 (4) or to follow other reasonable abatement measures recommended by the department.

AB100-ASA1, s. 1139r Section 1139r. 29.598 of the statutes is repealed and recreated to read:

AB100-ASA1,527,7 29.598 Wildlife damage claim and abatement program. (1) Definition. In this section, "wildlife damage" means damage caused to crops on agricultural land, including seedings, orchard trees and nursery stock, to apiaries or to livestock by any of the following noncaptive wild animals:

AB100-ASA1,527,8 (a) Deer.

AB100-ASA1,527,9 (b) Bear.

AB100-ASA1,527,10 (c) Geese.

AB100-ASA1,527,11 (d) Turkey.

AB100-ASA1,527,12 (e) Sandhill crane.

AB100-ASA1,527,13 (f) Coyote.

AB100-ASA1,527,15 (2) Department powers and duties. (a) Administration. The department shall administer the wildlife damage claim and abatement program.

AB100-ASA1,527,19 (b) Rules. To maximize the cost-effectiveness of the wildlife damage claim and abatement program, the department shall promulgate rules to establish eligibility requirements and funding requirements. The department shall also promulgate rules to establish all of the following:

AB100-ASA1,527,21 1. Authorized wildlife damage abatement measures and methods for implementing and paying for these abatement measures.

AB100-ASA1,527,22 2. Claim and application forms and procedures.

AB100-ASA1,527,23 3. Procedures and standards for damage estimates.

AB100-ASA1,527,24 4. A methodology for proration of payments for wildlife damage claims.

AB100-ASA1,527,25 5. Procedures for record keeping, audits and inspections.

AB100-ASA1,528,5 (c) Rules; certification of wildlife damage estimators. The department shall establish and maintain a system for certifying wildlife damage estimators. The department shall establish training requirements and qualifications for wildlife damage estimators and shall provide or certify educational programs for this purpose.

AB100-ASA1,528,8 (3) Wildlife damage claims. (a) Persons eligible. An owner or lessee of land, a person who controls land or an owner of an apiary or livestock may submit a wildlife damage claim.

AB100-ASA1,528,9 (b) Claim requirements. A claimant under par. (a) shall do all of the following:

AB100-ASA1,528,10 1. Submit the claim on a claim form approved by the department.

AB100-ASA1,528,14 2. Obtain from a wildlife damage estimator certified under sub. (2) (c) an estimate of the wildlife damage and a certification as to whether the damaged crops, apiary or livestock were managed in accordance with normal agricultural practices and submit the certification and estimate with the claim form.

AB100-ASA1,528,16 (c) Eligibility requirements. The department shall approve a wildlife damage claim if it finds all of the following:

AB100-ASA1,528,18 1. That the wildlife damage estimator certifies that the crops, apiary or livestock were managed in accordance with normal agricultural practices.

AB100-ASA1,528,20 2. That the form, contents and timing of the claim comply with the requirements of this section and rules promulgated under this section.

AB100-ASA1,528,22 3. That the claim was filed within 14 days after the time that the wildlife damage first occurred.

AB100-ASA1,528,24 4. That the claimant agrees to accept any wildlife damage abatement measures offered by the department under sub. (4) (c).

AB100-ASA1,529,4 (d) Payment of claims. 1. The department shall pay wildlife damage claims based on the amount claimed if the claim meets all of the requirements of par. (c). The amount paid for a wildlife damage claim shall be 80% of the amount claimed and the maximum amount of any claim shall be $25,000.

AB100-ASA1,529,6 2. The department shall pay wildlife damage claims no later than June 1 of the calendar year after the claim is submitted.

AB100-ASA1,529,10 (e) Proration. For a given fiscal year, if the total amount remaining under the appropriation under s. 20.370 (5) (fq) after making the payments required under sub. (4) is insufficient to pay the total amount payable in wildlife damage claims under par. (d), the department shall prorate the payments for the damage claims.

AB100-ASA1,529,13 (4) Wildlife damage abatement. (a) Persons eligible. An owner or lessee of land, a person who controls land or an apiary or livestock owner is eligible for wildlife damage abatement assistance under this subsection.

AB100-ASA1,529,16 (b) Abatement requests. A person who is eligible under par. (a) may request that the department approve wildlife damage abatement measures and may apply for funding for the approved measures.

AB100-ASA1,529,19 (c) Abatement for wildlife damage claims. 1. The department may offer wildlife damage abatement measures to any person who is eligible under par. (a) as a condition for receiving a claim payment under sub. (3).

AB100-ASA1,529,23 2. If a person refuses to accept the wildlife damage abatement measures offered by the department under subd. 1., the person may not receive a claim payment under sub. (3) for the land, apiaries or livestock that would have been subject to the abatement measures.