This bill increases the fees charged by DNR for licenses for wild animal game
farms, except fur animal farms, and for wildlife exhibits.
The bill also authorizes DNR to impose surcharges for the following licenses:
1. Licenses for game farms on which there are bears or cougars.
2. Licenses for game farms on which the licensee permits an individual to hunt
game birds for a fee.
3. Licenses for game farms on which the licensee sells game animals, the gross
revenue from which is $10,000 or more in the preceding license year.
Under current law, state agencies, including DNR, must release certain
information to a third party upon that party's request. This bill changes this
requirement as it applies to information about holders of fish and game licenses,
stamps and other approvals (approval holders) as follows:
1. DNR may not release any information about approval holders who are under
the age of 18 or about approval holders who request that DNR not release any such
information.
2. DNR may, at its discretion, release the names and addresses of, and
demographic information about, all other approval holders and may produce and sell
lists of the names, addresses and demographic information.
3. DNR may not release telephone numbers or driver's license numbers of
approval holders, or approval numbers or identification numbers given to approval
holders by DNR, under any circumstances.
Under current law, DNR may issue bonus deer hunting permits to state
residents and nonresidents who hold deer hunting licenses in order to control the
state's deer population. This permit allows the holder to kill an additional deer.
Under current law, most applicants must pay a fee for this permit. Also under
current law, DNR or its agents collect an issuing fee for most fish and game licenses.
This bill requires that if a person must pay a fee for a bonus deer hunting permit, he
or she must also pay an issuing fee.
Under current law, DNR appoints agents to issue fish and game approvals.
DNR may charge a handling fee to cover the costs incurred by DNR in issuing these
approvals by mail, telephone or electronic means. Under this bill, DNR may
authorize any of its agents to collect and retain this handling fee.
This bill requires that DNR establish a system to allow a hunter to reserve the
same deer hunting back tag number each year upon payment of a reservation fee.
DNR may limit the number of back tag numbers that may be reserved.
This bill grants DNR specific authority to promulgate rules to regulate wildlife
rehabilitators. The rules may include a system for issuing rehabilitator licenses or
permits.
Under current law, if DNR and the Lac du Flambeau band of the Lake Superior
Chippewa (band) have in effect an agreement under which the band agrees to limit
its treaty-based, off-reservation rights to fish, the band may elect to issue DNR
fishing licenses and DNR inland waters trout stamps as an agent of DNR and to
retain the fees that the band collects for these licenses and stamps. Current law also
authorizes DNR to pay the band an amount equal to the amount that DNR collects
from its other agents who issue DNR fishing licenses and trout stamps on the
reservation if the agreement is in effect. Under current law, these payments are
made from the conservation fund.
This bill provides additional funding for these payments from moneys received
by the state under Indian gaming compacts.
This bill provides funding to DNR for costs associated with the management of
the state's elk population from moneys received by the state under Indian gaming
compacts.
Navigable waters
Under current law, with certain exceptions, a riparian owner may not place a
structure or deposit or conduct certain other activities in a navigable body of water
without first obtaining a permit from or entering into a contract with DNR. For most
structures, deposits or activities (riparian activities) that require a permit or
contract, the procedure for obtaining the permit or contract requires that DNR
provide notice to the public in a newspaper that is likely to give notice in the area
where the riparian activity will be located and to the county and city, village or town
(municipality) in which the riparian activity will be located. If DNR receives a
written objection in response to the notice, it must hold a public hearing on the issue
of whether it should approve the permit or contract. DNR may also use this notice
and hearing procedure when it is not specifically required if DNR determines that
substantial interests of any party may be adversely affected by the granting of the
permit or contract. For certain other riparian activities that require permits, current
law does not require this notice and hearing procedure. These riparian activities
include the placement of fish cribs, bird nesting platforms, gravel, riprap and bridges
less than 35 feet wide and the enlargement of certain artificial waterways.
This bill changes these public notice and hearing procedures. These changes
include the following:
1. The first notice issued by DNR must contain a preliminary decision of
whether to grant the permit or the contract instead of stating that DNR will render
a decision without a hearing unless a substantive written objection is received within
30 days. The preliminary decision becomes final if no such objection is received
within 30 days.
2. If DNR receives such an objection, it must distribute a notice to certain
interested parties. Also, for certain types of permits or contracts and wherever DNR
determines that an environmental impact assessment is required, the applicant for
the permit or contract must publish a notice containing the preliminary decision in
an area newspaper.
3. If an objection is timely filed in response to these notices DNR must
determine whether it is a substantive written objection and, if so, whether the
riparian activity affects a public right or interest in navigable waters. If DNR
determines the objection is substantive and that the riparian activity affects a public
right or interest, DNR must offer the person making the objection the choice of a
public hearing before an administrative law judge, an informal hearing before DNR
staff, or a dispute resolution proceeding. If DNR determines that the objection is
substantive but that the riparian activity does not affect a public right or interest,
DNR must offer the choice between the informal hearing and the dispute resolution
proceeding.
The riparian activities that are subject to these notice and hearing
requirements under current law continue to be subject to the requirements under the
bill. The bill also applies the requirements to the permits and contracts to remove
material from beds of navigable waters.
Under current law, DNR must issue permits authorizing activities in navigable
waters such as the placement of structures or deposits. For certain types of activities
in navigable waters, DNR may issue a general permit that allows anyone to engage
in a type of activity as opposed to an individual permit to a specific individual who
wants to engage in the activity. Currently there are two programs under which DNR
issues general permits. One applies throughout the state (regular program). The
other program is a five-year project for the Wolf River and Fox River basin area,
under which DNR issues general permits for any activity in navigable waters that
requires a permit (pilot program). Under both programs, DNR issues a general
permit if it determines that the environmental impact of the activity is insignificant
and that the issuance of the permit will not cause pollution or injury to the rights of
the public or riparian property owners.
This bill eliminates the pilot program and makes the following changes in the
regular program:
1. DNR may issue a general permit for any activity that requires a specific
permit or a contract. Under current law, DNR may issue general permits for only
certain activities that require permits such as placement of fish cribs, bird nesting
platforms, gravel and riprap and the enlargement of certain waterways.
2. A time limit of five years is imposed on any general permit. There are no time
limits under the current two programs.
3. A person is allowed to maintain a structure or deposit or continue an activity
under the authority of a general permit after the general permit is no longer in effect
unless DNR determines that the structure, deposit or activity is detrimental to a
public right or interest in navigable waters.
4. Only municipalities, public inland lake protection and rehabilitation
districts, town sanitary districts and groups of ten or more riparian owners that
would be affected by the issuance of a general permit may apply for a general permit.
Under the current regular program, anyone may apply. Under the pilot program,
these specific persons plus any contractor who has been involved in placing
structures along navigable waters and certain local entities such as certain lake
associations and nonprofit conservation organizations may apply.
5. Public notice must be given and in certain cases, a public hearing must be
held before DNR may issue a general permit for any activity. Under the pilot
program, notice and hearing are required only if they are required before DNR issues
an individual permit for the activity in question. Under the regular program there
are no notice or hearing requirements because the types of activities for which
general permits are available have no notice and hearing requirements before DNR
may issue the permit.
6. A person conducting an activity under a general permit must comply with
any local ordinance that contains standards that are at least as restrictive as those
contained in the general permit. Currently, the pilot program requires compliance
with any applicable local ordinances.
7. The fee structure for general permits and for authorization to act under
general permits is incorporated from the pilot program.
8. DNR may inspect projects or activities in navigable waters that are
undertaken pursuant to permits issued or contracts entered into by DNR. Currently
the pilot program has similar provisions.
Under current law, most boats must have certificates of number or of
registration that are issued every two years for a fee by DNR. The fees are generally
based on the size of the boat. This bill increases these fees by 50% and increases the
period of certification and registration to three years.
Under current law, DNR awards grants for planning projects to provide
information on the quality of water in lakes. DNR also awards grants for
management projects that will improve or protect the quality of water in lakes or in
their ecosystems.
This bill allows these grants to be used to provide information and education
on the use of lakes and their ecosystems. Current law allows these grants to be used
to provide information only on the water quality in lakes. The bill also specifically
allows grant recipients to conduct assessments of lake uses and the uses of
surrounding land.
This bill creates a new grant program for river protection activities for certain
rivers. The program includes grants for both planning projects and management
projects and is similar to the lake planning grant program and the lake management
grant program. River protection management grants may be used to purchase land
or conservation easements in order to protect or improve a river or its ecosystem, to
restore in-stream or shoreline habitat and to install pollution control practices.
DNR may award grants under the program for up to 75% of the cost of the project.
The bill imposes a limit of $10,000 on each planning grant and a limit of $50,000 on
each management grant. Cities, villages, towns, counties, special purpose districts,
river management organizations that meet certain qualifications and nonprofit
conservation organizations are eligible for these grants.
Under current law, no permit is required from DNR for highway and bridge
work that is directed and supervised by the department of transportation (DOT) and
that involves the placement of structures or the deposition of material in navigable
waters of this state if the work is accomplished in accordance with interdepartmental
liaison procedures established by DOT and DNR for minimizing the adverse
environmental impact of the work.
This bill exempts any transportation project, including rail, harbor and airport
projects, directed and supervised by DOT from having to obtain a permit from DNR
to place structures or deposit material in navigable waters if the transportation
project is accomplished in accordance with the interdepartmental liaison
procedures. The bill also allows DOT, in connection with a transportation project,
to construct, dredge or enlarge any artificial waterway connecting to a navigable
water without obtaining a permit from DNR if the project is accomplished using the
interdepartmental liaison procedures.
Under current law, DNR awards grants to municipalities and public inland
lake protection and rehabilitation districts for the purposes of dam maintenance,
repair, modification, abandonment and removal. This bill expands the purposes for
which DNR may give financial assistance to include other activities that increase the
safety of the dam if the activities cost less than maintaining, repairing, modifying or
removing the dam. Currently, at least $250,000 of the $11,850,000 in grant
assistance must be spent to remove dams that are less that 15 feet wide and that
create impoundments of 50 acre-feet or less. This bill changes these size
requirements to 15 feet in height and 100 surface acres.
This bill authorizes DNR to charge a fee for providing any information that
DNR maintains in a format that may be accessed by computer concerning the waters
of this state, including maps and other water resource management information.
Recreation
Under current law, a minor who is under 12 years old may operate a snowmobile
only if the minor is accompanied on the same snowmobile by an adult. A minor who
is 12, 13, 14 or 15 years old may operate a snowmobile only if he or she holds a valid
snowmobile safety certificate or if he or she is accompanied on the same snowmobile
by a person who is over the age of 18 or by a person who is over the age of 14 and who
has a valid snowmobile safety certificate. Snowmobile operators who are at least 16
years old are exempt from being accompanied and from holding a snowmobile safety
certificate.
Under this bill, a person who is at least 12 years old and who is born on or after
January 1, 1985, must have a valid snowmobile safety certificate to operate a
snowmobile. This change goes into effect on January 1, 2001. The bill makes no
changes to current law for minors under 12 years old.
Under current law, a person operating a snowmobile adjacent to a roadway or
on certain roadways that are open to snowmobiles for access to lodging or residences
must observe the roadway speed limits. This bill expands this requirement to cover
all roadways upon which snowmobiles are operated.
Current law prohibits tampering with the odometer of a motor vehicle and with
the hour meter of farm equipment. This bill prohibits any person from knowingly
interfering with the proper operation of the odometer of a snowmobile or all-terrain
vehicle and from operating a snowmobile or all-terrain vehicle with a
malfunctioning odometer. The bill prohibits any person, with intent to defraud, from
interfering with the proper operation of an hour meter on a snowmobile, all-terrain
vehicle or boat.
This bill authorizes conservation wardens and other law enforcement officers
to stop and inspect a snowmobile to determine whether required equipment is in good
working order and to order out of operation a snowmobile found to be unsafe for
operation or in violation of required equipment standards. Conservation wardens
may issue a repair order to the owner or operator of the snowmobile in addition to
or instead of any penalties that apply to violating the equipment standards. The bill
also prohibits DNR and American Indian tribes and bands from registering
snowmobiles that failed their most recent equipment inspection until repairs have
been made.
Under current law, DNR administers a registration system for all-terrain
vehicles, boats and snowmobiles. This bill authorizes DNR to appoint agents, who
may be county clerks or other persons not employed by DNR, to issue all-terrain
vehicle and snowmobile registration certificates and to renew certain all-terrain
vehicle and snowmobile certificates and all certificates of number and registration
for boats. The bill also authorizes DNR to establish an expedited service for these
renewals, which may be used by the agents or by DNR directly.
The bill establishes a fee of $3 for the issuance of these registration documents
by DNR agents and requires that the agents remit $2 of each issuing fee to DNR. The
bill authorizes DNR to establish a supplemental renewal fee for renewals done by
agents or for the use of expedited services by persons who wish to renew the
certificates immediately and in person.
Under current law, DNR provides supplemental aid for the maintenance and
grooming of state and county snowmobile trails if the actual cost of maintenance or
grooming exceeds the amount determined under the trail aids formula, which sets
a maximum amount per mile of trail. Currently, this supplemental aid is funded by
moneys transferred from the transportation fund to the conservation fund. The
amount transferred annually equals 40% of the estimated amount of excise tax paid
on gasoline by operators of snowmobiles registered in this state.
This bill provides additional funding for these supplemental trail aids from the
fees charged by DNR for snowmobile trail use stickers, which are required on most
snowmobiles that are operated in this state but not registered in this state.
This bill provides funding for snowmobile enforcement and safety activities
from moneys received by the state under Indian gaming compacts.
Other natural resources
This bill creates the natural resources land endowment fund, which is a
nonlapsible trust fund consisting of gifts, grants and bequests made to the fund.
Moneys in the fund may be used by DNR to preserve, develop, manage and maintain
lands under the jurisdiction of DNR that are used for conservation or recreational
purposes.
This bill authorizes DNR to pay rewards to individuals who provide
information to DNR that leads to a finding by a court that a person has committed
a violation of one of the statutes, administrative rules or ordinances enforced by
DNR. The bill authorizes the natural resources board to evaluate reward claims and
determine whether, and in what amount, a reward will be paid.
Under current law, DNR may acquire, develop and manage land for specific
purposes such as state forests, state parks, state natural areas and hunting and
shooting grounds. This bill authorizes DNR to designate, acquire, develop and
manage land for the purpose of conserving the state's natural resources. DNR must
designate such lands state natural resource areas. DNR may allow various resource
management and recreational uses within the boundaries of the state natural
resources areas.
Under current law, DNR administers four programs instructing persons in the
safe use of snowmobiles, boats and all-terrain vehicles and in the safe use of firearms
and bows for hunting. Each program has somewhat different provisions establishing
or regulating the instruction fee charged for participation in the program and the
portion of that fee that the instructor may keep to cover his or her expenses. This
bill makes these provisions uniform. Under the bill, all of these fees are set by rule
by DNR and the instructor may keep up to 50% of the fee. As under current law, the
portion of the fees not kept by the instructors are remitted to DNR and are deposited
in the conservation fund.
Under current law, the Minnesota-Wisconsin boundary area commission is a
joint commission created by a compact entered into between Minnesota and
Wisconsin. The commission addresses issues relating to land and water use along
the boundary between the two states. This bill repeals the authorization for
Wisconsin's representation on the commission and withdraws Wisconsin from the
compact and the joint commission.
This bill annually transfers $2,000,000 in moneys received by the state under
Indian gaming compacts to the conservation fund.
Under current law, DNR administers the stewardship program, under which
funding is provided for various conservation purposes. This bill allows DNR to spend
up to $500,000 from stewardship funds for the establishment and development of a
state park that will provide access to Lake Michigan from the city of Milwaukee.
Current law limits the use of some of the area to be included in the state park to only
navigation and fishery purposes. This bill allows this area to also be used for public
park purposes.
