AB100-engrossed,567,9
829.521 Natural waters used in fish farms. (1) No person may use a natural
9body of water as a fish farm or as part of a fish farm unless all of the following apply:
AB100-engrossed,567,1110
(a) The land that is riparian to the body of water is owned, leased or controlled
11by the owners of the fish farm.
AB100-engrossed,567,1512
(b) None of the owners of the fish farm or of the riparian land provides access
13to the body of water to the public by means of an easement or other right-of-way or
14by means of a business open to the public, except that the owners of the fish farm may
15allow fishing by the public for a fee.
AB100-engrossed,567,1616
(c) The body of water is one of the following:
AB100-engrossed,567,1717
1. A freeze-out pond.
AB100-engrossed,567,1818
2. A preexisting fish rearing facility that is barrier equipped.
AB100-engrossed,567,1919
(d) A permit for the body of water has been issued under sub. (2).
AB100-engrossed,567,23
20(2) (a) The department shall issue a permit under this subsection for a natural
21body of water specified under sub. (1) (c) 1. if the department determines that no
22substantial public interest exists in the body of water and that no public or private
23rights in the body of water will be damaged.
AB100-engrossed,568,324
(b) Notwithstanding par. (a), for a freeze-out pond that is licensed as a private
25fish hatchery, or as part of a private fish hatchery, under s. 29.52, 1995 stats., on the
1effective date of this paragraph .... [revisor inserts date], or for a natural body of
2water as described under sub. (1) (c) 2., the department shall issue an initial permit
3without making the determination under par. (a).
AB100-engrossed,568,84
(c) 1. The department shall renew a permit issued under this subsection unless
5the department determines that there has been a substantial change in
6circumstances that is related to a determination made under par. (a) for the natural
7body of water or that is related to the application of the criteria promulgated under
8par. (f) to the body of water.
AB100-engrossed,568,109
2. A person may apply for a renewal of a permit issued under this subsection
10within the 16 months before the permit expires.
AB100-engrossed,568,1311
3. Except as provided in subd. 4., the department shall renew the permit, or
12deny the renewal, within 3 months after the date on which the department receives
13the application for the renewal.
AB100-engrossed,568,1814
4. The department may delay the renewal or denial of the renewal under subd.
153. until the May 31 immediately following the date on which the department receives
16the renewal application if ice conditions prevent the department from inspecting the
17body of water for purposes of renewal within a reasonable time after receiving the
18application.
AB100-engrossed,568,2119
(d) If the department denies a permit under par. (a), (b) or (c), the department
20shall issue written findings supporting the reason for the denial that are based on
21the criteria promulgated under par. (f).
AB100-engrossed,569,222
(e) The department may suspend a permit for a body of water specified in sub.
23(1) (c) 2. for 90 days if the department finds that the permit holder has failed to
24adequately maintain the fish barriers and may revoke the permit if the department
1determines that the failure to adequately maintain the barriers has not been
2corrected within the 90-day period.
AB100-engrossed,569,43
(f) The department shall promulgate rules to establish the fees, criteria and
4procedures to be used in issuing permits under this subsection.
AB100-engrossed,569,9
629.525 Importation of fish. (1) No person may bring into this state any fish,
7or fish eggs, of a species that is not native to this state for the purpose of introduction
8into the waters of the state, as defined in s. 281.01 (18), of use as bait or of rearing
9in a fish farm without having a permit issued by the department.
AB100-engrossed,569,11
10(2) A person applying for a permit under this section shall submit a written
11application to the department.
AB100-engrossed,569,13
12(3) Subsections (1) and (2) do not apply to the importation of fish by the
13department.
AB100-engrossed,569,16
14(4) For the purpose of issuing permits under this section, the department may
15not require that any testing, inspection or investigation be performed concerning the
16health of the fish.
AB100-engrossed,569,18
1829.53 Stocking of fish. (1) In this section:
AB100-engrossed,569,1919
(a) "Fish" includes fish eggs.
AB100-engrossed,569,2120
(b) "Qualified inspector" means a veterinarian licensed under ch. 453 or a
21person who is qualified to issue fish health certificates under s. 95.60 (4s) (c).
AB100-engrossed,569,2422
(c) "Waters of the state" does not include self-contained fish rearing facilities
23or preexisting fish rearing facilities that are barrier equipped and that are artificial
24bodies of water.
AB100-engrossed,570,2
1(2) (a) No person may introduce, stock or plant any fish in the waters of the
2state unless all of the following apply:
AB100-engrossed,570,33
1. The person has a permit issued by the department.
AB100-engrossed,570,54
2. The fish have been certified by a qualified inspector to meet the fish health
5standards and requirements promulgated under s. 95.60 (4s) (b).
AB100-engrossed,570,66
3. The fish is not a species of lake sturgeon.
AB100-engrossed,570,87
(b) A person applying for a permit under this section shall submit a written
8application to the department.
AB100-engrossed,570,109
(c) This subsection does not apply to introduction, stocking or planting of fish
10by the department.
AB100-engrossed,570,13
11(3) (a) The department may not introduce, stock or plant any fish in the waters
12of the state unless the fish have been certified by a qualified inspector to meet the
13fish health standards and requirements promulgated under s. 95.60 (4s) (b).
AB100-engrossed,570,15
14(4) For the purposes of issuing permits under this section and for introducing,
15stocking or planting of fish by the department, the department:
AB100-engrossed,570,1916
(a) Shall accept the certification by a qualified inspector that the fish meet the
17fish health standards and requirements promulgated under s. 95.60 (4s) (b) and may
18not require that any additional testing, inspection or investigation be performed
19concerning the health of the fish.
AB100-engrossed,570,2120
(b) May regulate the species of fish, the number of fish and the sites where the
21fish will be introduced, planted or stocked.
AB100-engrossed,570,23
2329.535 (title)
Introduction of wild animals
other than fish.
AB100-engrossed,571,3
129.535
(1) (a) 1. Importing into the state any
fish, spawn or any other wild
2animal
other than fish or their eggs for the purpose of introducing, stocking or
3planting that
fish, spawn or wild animal.
AB100-engrossed,571,65
29.535
(1) (a) 2. Introducing, stocking or planting any
fish, spawn or other wild
6animal
other than fish or their eggs.
AB100-engrossed,571,108
29.535
(1) (c) Permits for introducing, stocking or planting under par. (a) 2.
9shall be issued by the department only after investigation and inspection of the
fish,
10spawn or other wild animals as the department determines necessary.
AB100-engrossed,571,1715
29.51
(3m) (a) The department may seize or destroy, or both, any fish
or spawn
16thereof, or any fish eggs, found to be infected with any disease organisms as are
17designated by the department.
AB100-engrossed,571,2119
29.535
(2) (a) Importing into the state any
fish, spawn or any other wild animal
20other than fish or their eggs for the purpose of introducing, stocking or planting that
21fish, spawn or wild animal.
AB100-engrossed,571,2423
29.535
(2) (b) Introducing, stocking or planting any
fish, spawn or other wild
24animal
other than fish or their eggs.
AB100-engrossed,572,163
29.53
(5) This The requirement of being issued a permit under this section shall
4not apply to civic organizations, organizations operating newspapers or television
5stations or promoters of sport shows when and in connection with publicly showing
6or exhibiting
or, giving demonstrations with
brook, brown or rainbow trout or
7providing fishing of fish for periods of not to exceed 10 days
. Brook, brown or rainbow
8trout if the fish are placed in a tank or an artificially constructed pond that is a
9self-contained body of water. Fish used for such purposes shall
be obtained only from
10resident Class A or Class B private fish hatchery operators licensed under s. 29.52
11(4). Such private fish hatchery operators shall keep a record of all brook, brown or
12rainbow trout introduced in or delivered for introduction in any public waters and
13shall make a report of such introduction or delivery for such introduction to the
14department on or before December 31 of each year on forms furnished by the
15department have been certified by a qualified inspector to meet the fish health
16standards and requirements promulgated under s. 95.60 (4s) (b).
AB100-engrossed,572,1918
29.55
(2m) Subsections (1) and (2) do not apply to farm-raised deer
or
19farm-raised fish.
AB100-engrossed,572,2421
29.572
(1) No person shall cause, authorize or permit any lands or waters to
22be posted with signs of any kind indicating that such lands or waters are licensed
23under
s. 29.52 or ss. 29.573 to 29.578 unless such lands and waters are in fact so
24licensed.
AB100-engrossed,573,5
129.585
(2) (a) In this section, "wild animal" means any mammal, fish or bird
2of a wild nature as distinguished from domestic animals under the common law or
3under the statutes whether or not the mammal, fish or bird was bred or reared in
4captivity, but does not include deer of the genus dama, cervus or rangifer
or
5farm-raised fish.
AB100-engrossed,573,97
29.59
(1) (f) Notwithstanding s. 29.01 (14), "wild animal" means any
8undomesticated mammal or bird, but does not include farm-raised deer
or
9farm-raised fish.
AB100-engrossed,573,1711
29.59
(5) (a) The department may refuse to investigate under sub. (3) (a) if the
12person making the complaint refuses to
participate in any available accept or
13implement any wildlife damage abatement
program administered measures offered
14by the department under s. 29.598
(4) or refuses to follow
other reasonable
15abatement measures recommended by the department
or by the county in which the
16property is located if the county participates in a wildlife damage abatement
17program.
AB100-engrossed,573,2319
29.59
(5) (b) Before taking action under sub. (3) (b) or (4), the department may
20require the person making the complaint to
participate in accept or implement any
21available wildlife damage abatement
program administered measures offered by the
22department under s. 29.598
(4) or to follow
other reasonable abatement measures
23recommended by the department.
AB100-engrossed,574,4
129.595 Wildlife control in urban communities. (1) The department shall
2establish a program to award matching grants to urban communities for up to 50%
3of the costs for projects to plan wildlife abatement measures or to engage in wildlife
4control efforts or both.
AB100-engrossed,574,5
5(2) A grant awarded under this section may not exceed $5,000.
AB100-engrossed,574,7
6(3) The department shall promulgate rules establishing criteria for awarding
7grants under this section.
AB100-engrossed,574,11
929.598 Wildlife damage claim and abatement program. (1) Definition. 10In this section, "wildlife damage" means damage caused by any of the following
11noncaptive wild animals:
AB100-engrossed,574,1616
(e) Sandhill crane.
AB100-engrossed,574,19
18(2) Department powers and duties. (a)
Administration. The department shall
19administer the wildlife damage claim and abatement program.
AB100-engrossed,574,2320
(b)
Rules. To maximize the cost-effectiveness of the wildlife damage claim and
21abatement program, the department shall promulgate rules to establish eligibility
22requirements and funding requirements. The department shall also promulgate
23rules to establish all of the following:
AB100-engrossed,574,2524
1. Authorized wildlife damage abatement measures and methods for
25implementing and paying for these abatement measures.
AB100-engrossed,575,1
12. Claim and application forms and procedures.
AB100-engrossed,575,22
3. Procedures and standards for damage estimates.
AB100-engrossed,575,33
4. A methodology for proration of payments for wildlife damage claims.
AB100-engrossed,575,44
5. Procedures for record keeping, audits and inspections.
AB100-engrossed,575,85
(c)
Certification of wildlife damage estimators. The department shall establish
6and maintain a system for certifying wildlife damage estimators. The department
7shall establish training requirements and qualifications for wildlife damage
8estimators and shall provide or certify educational programs for this purpose.
AB100-engrossed,575,11
9(3) Wildlife damage claims. (a)
Persons eligible. An owner or lessee of land,
10a person who controls land or an owner of an apiary or livestock may submit a wildlife
11damage claim.
AB100-engrossed,575,1612
(am)
Type of damage eligible. The type of wildlife damage that is eligible for
13wildlife damage claim payments shall be limited to damage to commercial seedings
14or crops growing on agricultural land, damage to crops that have been harvested for
15sale or further use but that have not been removed from the agricultural land,
16damage to orchard trees or nursery stock or damage to apiaries or livestock.
AB100-engrossed,575,1717
(b)
Claim requirements. A claimant under par. (a) shall do all of the following: