AB100: Bill Text Engrossed

AB100-engrossed,563,12 (c) The propagation or transportation, collecting and transplanting of fish or fish fry by state authority; nor the by the department.

AB100-engrossed,563,15 (d) The transportation of fish into or through this state or out of it by the commissioners of fisheries of other states or of the United States ; nor the operation of private fish hatcheries, or the propagation of fish in private waters, or the.

AB100-engrossed,563,17 (e) The transportation and sale of fish therefrom as hereinafter provided; but the.

AB100-engrossed,563,21 (2) The department, or its agents and employes, shall may not furnish fish or fry from state hatcheries to private ponds, private clubs, corporations or preserves, and shall may not introduce, stock or plant them in waters where the general public is not allowed the rights and privileges enjoyed by any individual.

AB100-engrossed, s. 1120hr Section 1120hr. 29.50 (3) of the statutes is created to read:

AB100-engrossed,563,25 29.50 (3) An operator of a fish farm, or an employe of the operator, may capture turtles that are on the fish farm, transport them to different locations and release them into the wild.

AB100-engrossed, s. 1120jm Section 1120jm. 29.51 (title) of the statutes is repealed and recreated to read:

AB100-engrossed,564,2 29.51 (title) Propagation of fish; removal of fish.

AB100-engrossed, s. 1120km Section 1120km. 29.51 (1) (intro.) and (e) of the statutes are amended to read:

AB100-engrossed,564,6 29.51 (1) (title) State fish hatcheries ; fish management by state. (intro.) The department shall have general charge of the following matters for operating state fish hatcheries, and all necessary powers therefor, namely:

AB100-engrossed,564,15 (e) The Subject to s. 95.60, the receiving from the U.S. commissioners of fisheries, from the commissioners of fisheries of other states or from other persons of all spawn, fry fish eggs or fish donated to the state or purchased, and in the most practical ways, by exchange or otherwise, to procure, receive, distribute and dispose of spawn fish eggs and fish; to make contracts and carry on the same for the transportation of fish cars, cans, departmental officers and employes by land or water as is most advantageous to the state; and to take such other measures as in their judgment best promotes the abundant supply of food fishes in the waters of the state.

AB100-engrossed, s. 1120np Section 1120np. 29.51 (2) of the statutes is amended to read:

AB100-engrossed,565,2 29.51 (2) Transplantation of fish. The department may take or cause to be taken fish at any time of the year from any waters of the state for stocking other waters or for the purpose of securing eggs for artificial propagation. These fish or eggs may be taken only under a special permit issued by the department and only in the presence of the department or its wardens. This permit shall specify the kinds of fish that may be taken and the manner in which they may be taken. This permit is subject to the conditions that the holder pay for the services of and furnish free transportation and meals on his or her boat to a competent person approved by the department to spawn the fish and fertilize the eggs and that the eggs are delivered at the place designated by the department.

AB100-engrossed, s. 1120pm Section 1120pm. 29.51 (3) (title) of the statutes is amended to read:

AB100-engrossed,565,4 29.51 (3) (title) Delivery of spawn fish eggs.

AB100-engrossed, s. 1120qg Section 1120qg. 29.51 (3m) (title) of the statutes is created to read:

AB100-engrossed,565,6 29.51 (3m) (title) Destruction of fish eggs or fish.

AB100-engrossed, s. 1120qm Section 1120qm. 29.51 (3m) (b) of the statutes is created to read:

AB100-engrossed,565,13 29.51 (3m) (b) Paragraph (a) does not authorize the department of natural resources to remove fish or fish eggs from a self-contained fish rearing facility or from a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water unless the department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish or fish eggs to address a problem affecting fish health.

AB100-engrossed, s. 1120qr Section 1120qr. 29.51 (4) of the statutes is amended to read:

AB100-engrossed,565,18 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 or eggs from farm-raised fish.

AB100-engrossed, s. 1120rg Section 1120rg. 29.51 (5) (title) of the statutes is repealed and recreated to read:

AB100-engrossed,565,21 29.51 (5) (title) Fishing for propagation purposes.

AB100-engrossed, s. 1120rm Section 1120rm. 29.51 (5) of the statutes is renumbered 29.51 (5) (intro.) and amended to read:

AB100-engrossed,566,4 29.51 (5) (intro.) No employe of the department, and no other person, while engaged in For the purposes of catching wild fish from the public waters for purposes of artificial propagation, shall or for introduction, stocking or planting in fish farms, no person 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. unless par. (a) or (b) applies:

AB100-engrossed, s. 1120rp Section 1120rp. 29.51 (5) (a) and (b) of the statutes are created to read:

AB100-engrossed,566,7 29.51 (5) (a) The person has the approvals required under this chapter to take, possess or control that kind of fish.

AB100-engrossed,566,9 (b) The person has been otherwise authorized by the department to take, possess or control that kind of fish.

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

AB100-engrossed,566,13 29.513 (5) A person who is using a navigable lake that is a freeze-out pond as a fish farm, or as part of a fish farm, is exempt from obtaining a permit under this section.

AB100-engrossed, s. 1120vr Section 1120vr. 29.514 of the statutes is created to read:

AB100-engrossed,566,17 29.514 Private fishing preserves. (1) A single person may register with the department a natural, navigable, self-contained body of water as a private fishing preserve if all of the following apply:

AB100-engrossed,566,19 (a) All of the use and occupancy rights in the land that is riparian to the body of water are owned or leased by the registrant.

AB100-engrossed,566,22 (b) The registrant and any owner of the riparian land do not provide access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public.

AB100-engrossed,566,24 (2) No lake association, corporation or other association that is formed to establish a private fishing preserve is eligible to register under this section.

AB100-engrossed,566,25 (3) A registration under this section is valid for one year.

AB100-engrossed,567,5 (4) A person who is fishing in a private fishing preserve is exempt from having any sport fishing approval issued under this chapter. No person may sell or trade fish that are caught in a private fishing preserve. No person may charge a fee for fishing in a private fishing preserve or a fee for an activity that includes the privilege of fishing in a private fishing preserve.

AB100-engrossed, s. 1120xm Section 1120xm. 29.52 of the statutes is repealed.

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

AB100-engrossed,567,9 29.521 Natural waters used in fish farms. (1) No person may use a natural body of water as a fish farm or as part of a fish farm unless all of the following apply:

AB100-engrossed,567,11 (a) The land that is riparian to the body of water is owned, leased or controlled by the owners of the fish farm.

AB100-engrossed,567,15 (b) None of the owners of the fish farm or of the riparian land provides access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public, except that the owners of the fish farm may allow fishing by the public for a fee.

AB100-engrossed,567,16 (c) The body of water is one of the following:

AB100-engrossed,567,17 1. A freeze-out pond.

AB100-engrossed,567,18 2. A preexisting fish rearing facility that is barrier equipped.

AB100-engrossed,567,19 (d) A permit for the body of water has been issued under sub. (2).

AB100-engrossed,567,23 (2) (a) The department shall issue a permit under this subsection for a natural body of water specified under sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.

AB100-engrossed,568,3 (b) Notwithstanding par. (a), for a freeze-out pond that is licensed as a private fish hatchery, or as part of a private fish hatchery, under s. 29.52, 1995 stats., on the effective date of this paragraph .... [revisor inserts date], or for a natural body of water as described under sub. (1) (c) 2., the department shall issue an initial permit without making the determination under par. (a).

AB100-engrossed,568,8 (c) 1. The department shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.

AB100-engrossed,568,10 2. A person may apply for a renewal of a permit issued under this subsection within the 16 months before the permit expires.

AB100-engrossed,568,13 3. Except as provided in subd. 4., the department shall renew the permit, or deny the renewal, within 3 months after the date on which the department receives the application for the renewal.

AB100-engrossed,568,18 4. The department may delay the renewal or denial of the renewal under subd. 3. until the May 31 immediately following the date on which the department receives the renewal application if ice conditions prevent the department from inspecting the body of water for purposes of renewal within a reasonable time after receiving the application.

AB100-engrossed,568,21 (d) If the department denies a permit under par. (a), (b) or (c), the department shall issue written findings supporting the reason for the denial that are based on the criteria promulgated under par. (f).

AB100-engrossed,569,2 (e) The department may suspend a permit for a body of water specified in sub. (1) (c) 2. for 90 days if the department finds that the permit holder has failed to adequately maintain the fish barriers and may revoke the permit if the department determines that the failure to adequately maintain the barriers has not been corrected within the 90-day period.

AB100-engrossed,569,4 (f) The department shall promulgate rules to establish the fees, criteria and procedures to be used in issuing permits under this subsection.

AB100-engrossed, s. 1124dm Section 1124dm. 29.525 of the statutes is created to read:

AB100-engrossed,569,9 29.525 Importation of fish. (1) No person may bring into this state any fish, or fish eggs, of a species that is not native to this state for the purpose of introduction into the waters of the state, as defined in s. 281.01 (18), of use as bait or of rearing in a fish farm without having a permit issued by the department.

AB100-engrossed,569,11 (2) A person applying for a permit under this section shall submit a written application to the department.

AB100-engrossed,569,13 (3) Subsections (1) and (2) do not apply to the importation of fish by the department.

AB100-engrossed,569,16 (4) For the purpose of issuing permits under this section, the department may not require that any testing, inspection or investigation be performed concerning the health of the fish.

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

AB100-engrossed,569,18 29.53 Stocking of fish. (1) In this section:

AB100-engrossed,569,19 (a) "Fish" includes fish eggs.

AB100-engrossed,569,21 (b) "Qualified inspector" means a veterinarian licensed under ch. 453 or a person who is qualified to issue fish health certificates under s. 95.60 (4s) (c).

AB100-engrossed,569,24 (c) "Waters of the state" does not include self-contained fish rearing facilities or preexisting fish rearing facilities that are barrier equipped and that are artificial bodies of water.

AB100-engrossed,570,2 (2) (a) No person may introduce, stock or plant any fish in the waters of the state unless all of the following apply:

AB100-engrossed,570,3 1. The person has a permit issued by the department.

AB100-engrossed,570,5 2. The fish have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).

AB100-engrossed,570,6 3. The fish is not a species of lake sturgeon.

AB100-engrossed,570,8 (b) A person applying for a permit under this section shall submit a written application to the department.

AB100-engrossed,570,10 (c) This subsection does not apply to introduction, stocking or planting of fish by the department.

AB100-engrossed,570,13 (3) (a) The department may not introduce, stock or plant any fish in the waters of the state unless the fish have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).

AB100-engrossed,570,15 (4) For the purposes of issuing permits under this section and for introducing, stocking or planting of fish by the department, the department:

AB100-engrossed,570,19 (a) Shall accept the certification by a qualified inspector that the fish meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b) and may not require that any additional testing, inspection or investigation be performed concerning the health of the fish.

AB100-engrossed,570,21 (b) May regulate the species of fish, the number of fish and the sites where the fish will be introduced, planted or stocked.

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

AB100-engrossed,570,23 29.535 (title) Introduction of wild animals other than fish.

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

AB100-engrossed,571,3 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-engrossed, s. 1124i Section 1124i. 29.535 (1) (a) 2. of the statutes is amended to read:

AB100-engrossed,571,6 29.535 (1) (a) 2. Introducing, stocking or planting any fish, spawn or other wild animal other than fish or their eggs.

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

AB100-engrossed,571,10 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-engrossed, s. 1124k Section 1124k. 29.535 (1) (d) of the statutes is repealed.

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

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

AB100-engrossed,571,17 29.51 (3m) (a) The department may seize or destroy, or both, any fish or spawn thereof, or any fish eggs, found to be infected with any disease organisms as are designated by the department.

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

AB100-engrossed,571,21 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.