Wisconsin Legislature: 16,1042

(h) "Manage" means to introduce or control.

(i) "Native" means indigenous to the waters of this state.

(j) "Nonnative" means not indigenous to the waters of this state.

(k) "Waters of this state" means any surface waters within the territorial limits of this state.

(2) Program established. (a) The department shall establish a program for the waters of this state to do all of the following:

1. Protect and develop diverse and stable communities of native aquatic plants.

2. Regulate how aquatic plants are managed.

3. Provide education and conduct research concerning invasive aquatic plants.

(b) Under the program implemented under par. (a), the department shall do all of the following:

1. Designate by rule which aquatic plants are invasive aquatic plants for purposes of this section. The department shall designate Eurasian water milfoil, curly leaf pondweed, and purple loosestrife as invasive aquatic plants and may designate any other aquatic plant as an invasive aquatic plant if it has the ability to cause significant adverse change to desirable aquatic habitat, to significantly displace desirable aquatic vegetation, or to reduce the yield of products produced by aquaculture.

2. Administer and establish by rule procedures and requirements for the issuing of aquatic plants management permits required under sub. (3).

1. The quantity of aquatic plants that may be managed under an aquatic plant management permit.

2. The species of aquatic plants that may be managed under an aquatic plant management permit.

3. The areas in which aquatic plants may be managed under an aquatic plant management permit.

4. The methods that may be used to manage aquatic plants under an aquatic plant management permit.

5. The times during which aquatic plants may be managed under an aquatic plant management permit.

6. The allowable methods for disposing or using aquatic plants that are removed or controlled under an aquatic plant management permit.

7. The requirements for plans that the department may require under sub. (3) (b).

(3) Permits. (a) Unless a person has a valid aquatic plant management permit issued under the program established under sub. (2), no person may do any of the following:

1. Introduce nonnative aquatic plants into waters of this state.

2. Manually remove aquatic plants from navigable waters.

3. Control aquatic plants in waters of this state by the use of chemicals.

4. Control aquatic plants in navigable waters by introducing biological agents, by using a process that involves dewatering, desiccation, burning, or freezing, or by using mechanical means.

(b) The department may require that an application for an aquatic plant management permit contain a plan for the department's approval as to how the aquatic plants will be introduced, removed, or controlled.

(c) The department may promulgate a rule to establish fees for aquatic plant management permits. Under the rule, the department may establish a different fee for an aquatic plant management permit to manage aquatic plants that are located in a body of water that is entirely confined on the property of one property owner.

(4) Exemptions from permits. (a) In this subsection:

1. "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

2. "State agency" means any office, department, independent agency, or attached board or commission within the executive branch of state government, or any special purpose authority created by statute.

(b) The permit requirement under sub. (3) does not apply to any of the following:

1. A person who manually removes aquatic plants from privately owned stream beds with the permission of the landowner.

2. A person who engages in an activity listed under sub. (3) (a) in the course of harvesting wild rice as authorized under s. 29.607.

3. A person who engages in an activity listed under sub. (3) (a) in the course of operating a fish farm as authorized under s. 95.60.

1. A person who owns property on which there is a body of water that is entirely confined on the property of that person.

2. A riparian owner who manually removes aquatic plants from a body of water that abuts the owner's property provided that the removal does not interfere with the rights of other riparian owners.

3. A person who is controlling purple loosestrife.

4. A person who uses chemicals in a body of water for the purpose of controlling bacteria on bathing beaches.

5. A person who uses chemicals on plants to prevent the plants from interfering with the use of water for drinking purposes.

6. A state agency or a local governmental unit that uses a chemical treatment in a body of water for the purpose of protecting the public health.

(5) Distribution prohibited. No person may distribute an invasive aquatic plant.

(6) Penalties. (a) Except as provided in par. (b), any person who violates sub. (3) shall forfeit not more than $200.

(b) A person who violates sub. (3) and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of sub. (3) shall forfeit not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.

(c) The court may order a person who is convicted under par. (b) to abate any nuisance caused by the violation, restore any natural resource damaged by the violation, or take other appropriate action to eliminate or minimize any environmental damage caused by the violation.

(d) A person who violates sub. (5) shall forfeit not more than $100.

16,1042g Section 1042g. 23.255 of the statutes is created to read:

23.255 Geographical management units. If the department divides the state into geographical units for the purpose of managing its functions, the department shall include the LaCrosse-Bad Axe Watershed and the Kickapoo River Watershed in the same geographical unit.

16,1042i Section 1042i. 23.257 of the statutes is created to read:

23.257 Departmental regions. If the department divides the state into regions for the purpose of managing its functions, it shall include all of Crawford and Vernon counties in the region that covers the west central part of the state.

16,1042kb Section 1042kb. 23.26 (3) of the statutes is amended to read:

23.26 (3) Advise the department of natural resources, the department of forestry, and other agencies on matters pertaining to the acquisition, development, utilization, maintenance, and withdrawal of state natural areas, including determinations as to the extent of multiple use that may be allowed on state natural areas that are a part of a state park, state forest, public hunting ground, or similar areas under state ownership or control.

16,1042kd Section 1042kd. 23.29 (2) of the statutes is amended to read:

23.29 (2) Contributions; state match. The department may accept contributions and gifts for the Wisconsin natural areas heritage program. The department shall convert donations of land which it determines, with the advice of the council, are not appropriate for the Wisconsin natural areas heritage program into cash. The department shall convert other noncash contributions into cash. These moneys shall be deposited in the general fund and credited to the appropriation under s. 20.370 (1) (mg). These moneys shall be matched by an equal amount released from the appropriation under s. 20.866 (2) (ta), (tt) or (tz) or from any combination of these appropriations to be used for natural areas land acquisition activities under s. 23.27 (5). The department shall determine how the moneys being released are to be allocated from these appropriations. The amounts released from the appropriation under s. 20.866 (2) (ta) shall be subject to the agreement under s. 23.0917 (4r).

16,1042kn Section 1042kn. 23.293 (4) of the statutes is amended to read:

23.293 (4) Contributions and gifts; state match. The department may accept contributions and gifts for the ice age trail program. The department may convert gifts of land which it determines are not appropriate for the ice age trail program into cash. The department may convert other noncash contributions and gifts into cash. These moneys shall be deposited in the general fund and credited to the appropriation under s. 20.370 (7) (gg). An amount equal to the value of all contributions and gifts shall be released from the appropriation under s. 20.866 (2) (ta), (tw) or (tz) or from any combination of these appropriations to be used for land acquisition and development activities under s. 23.17. The department shall determine how the moneys being released are to be allocated from these appropriations. The amounts released from the appropriation under s. 20.866 (2) (ta) shall be subject to the agreement under s. 23.0917 (4r).

16,1042kp Section 1042kp. 23.293 (5) of the statutes is amended to read:

23.293 (5) Land dedications; valuation; state match. The department shall determine the value of land accepted for dedication under the ice age trail program. If the land dedication involves the transfer of the title in fee simple absolute or other arrangement for the transfer of all interest in the land to the state, the valuation of the land shall be based on the fair market value of the land before the transfer. If the land dedication involves the transfer of a partial interest in land to the state, the valuation of the land shall be based on the extent to which the fair market value of the land is diminished by that transfer and the associated articles of dedication. If the land dedication involves a sale of land to the department at less than the fair market value, the valuation of the land shall be based on the difference between the purchase price and the fair market value. An amount equal to the valuation of the land accepted for dedication under the ice age trail program shall be released from the appropriation under s. 20.866 (2) (ta), (tw) or (tz) or from any combination of these appropriations to be used for ice age trail acquisition activities under s. 23.17. The department shall determine how the moneys being released are to be allocated from these appropriations. The amounts released from the appropriation under s. 20.866 (2) (ta) shall be subject to the agreement under s. 23.0917 (4r). This subsection does not apply to dedications of land under the ownership of the state.

16,1042kpm Section 1042kpm. 23.295 (2) (intro.) of the statutes is amended to read:

23.295 (2) (intro.) The department of natural resources, and beginning with fiscal year 2002-03 the department of forestry, shall provide one grant of $75,000 in each fiscal year, beginning with fiscal year 1999-2000, to a nonstock, nonprofit corporation that meets all of the following requirements:

16,1042kr Section 1042kr. 23.295 (3) (f) of the statutes is amended to read:

23.295 (3) (f) For each fiscal year, prepare a report detailing the activities for which a grant under sub. (2) is expended. Copies Beginning with the report for fiscal year 2002-03, copies of the report shall be submitted to the department of natural resources, to the department of forestry, and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly or the president of the senate.

16,1042ks Section 1042ks. 23.30 (4) of the statutes is created to read:

23.30 (4) Consultation with the department of forestry. In carrying out its duties under sub. (3) and its duties under s. 23.31, the natural resources board shall consult with the department of forestry.

16,1042kt Section 1042kt. 23.305 (title) of the statutes is amended to read:

23.305 (title) Leasing of department land certain lands for recreational purposes.

16,1042ku Section 1042ku. 23.305 (2) of the statutes is amended to read:

23.305 (2) Notwithstanding ss. 23.30 and 28.04, the department may lease state park land or state forest land in the southern state forests to towns, villages or counties for outdoor recreational purposes associated with spectator sports. Notwithstanding ss. 23.30 and 28.04, the department of forestry may lease state forest land, other than land in the southern state forests, to towns, villages, or counties for outdoor recreational purposes associated with spectator sports.

16,1042kv Section 1042kv. 23.305 (3) of the statutes is amended to read:

23.305 (3) The lease shall be for a term not to exceed 15 years. The lease shall contain covenants to protect the department entering into the lease from all liability and costs associated with use of the land and to guard against trespass and waste. The rents arising from the a lease entered into by the department shall be paid into the state treasury and credited to the proper conservation fund. The rents arising from a lease entered into by the department of forestry shall be paid into the state treasury and credited to the forestry fund.

16,1045m Section 1045m. 23.33 (1) (bc) of the statutes is created to read:

23.33 (1) (bc) "All-terrain vehicle club" means a club consisting of individuals that promotes the recreational use of all-terrain vehicles.

16,1046 Section 1046. 23.33 (1) (g) of the statutes is repealed.

16,1046m Section 1046m. 23.33 (1) (ig) of the statutes is amended to read:

23.33 (1) (ig) "Law enforcement officer" has the meaning specified under s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1) or a state forest ranger appointed under s. 28.92.

16,1047 Section 1047. 23.33 (1) (jn) of the statutes is created to read:

23.33 (1) (jn) "Registration documentation" means an all-terrain vehicle registration certificate, a validated registration receipt, or a registration decal.

16,1048 Section 1048. 23.33 (1) (o) of the statutes is created to read:

23.33 (1) (o) "Validated registration receipt" means a receipt issued by the department or an agent under sub. (2) (ig) 1. a. that shows that an application and the required fees for a registration certificate has been submitted to the department.

16,1049 Section 1049. 23.33 (2) (a) of the statutes is amended to read:

23.33 (2) (a) Requirement. No person may operate and no owner may give permission for the operation of an all-terrain vehicle within this state unless the all-terrain vehicle is registered for public use or for private use under this subsection or sub. (2g), is exempt from registration, or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3. No person may operate and no owner may give permission for the operation of an all-terrain vehicle on a public all-terrain vehicle route or trail unless the all-terrain vehicle is registered for public use under this subsection or sub. (2g), is exempt from registration or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3.

16,1050 Section 1050. 23.33 (2) (d) of the statutes is amended to read:

23.33 (2) (d) Registration; private use; fee. An all-terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance or renewal of a registration certificate for private use is $6.

16,1051 Section 1051. 23.33 (2) (dm) 4. of the statutes is created to read:

23.33 (2) (dm) 4. Paragraphs (i), (ig), and (ir) do not apply to commercial all-terrain vehicle certificates or reflectorized plates.

16,1052 Section 1052. 23.33 (2) (h) (title) of the statutes is repealed.

16,1053 Section 1053. 23.33 (2) (h) of the statutes is renumbered 23.33 (2) (p) 2. and amended to read:

23.33 (2) (p) 2. The department shall may establish by rule additional procedures and requirements for all-terrain vehicle registration.

16,1054 Section 1054. 23.33 (2) (i) (intro.) of the statutes is amended to read:

23.33 (2) (i) Registration; appointment of agents issuers. (intro.) For the issuance of all-terrain vehicle registration certificates original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may do any of the following: