AB926,125,2319
28.11
(9) (am) The acreage loan severance share payments shall be deposited
20in the conservation fund and credited to the appropriation under s.
20.370 (5) (bq) 2120.115 (5) (t), and the project loan severance share payments shall be deposited in
22the conservation fund and credited to the appropriation under s.
20.370 (5) (bu) 2320.115 (5) (v).
AB926, s. 593
24Section
593. 28.11 (9) (ar) 1. of the statutes is amended to read:
AB926,126,5
128.11
(9) (ar) 1. Notwithstanding s. 20.001 (3) (c), if the sum of the
2unencumbered balances in the appropriations under s.
20.370 (5) (bq), (bt) and (bu) 320.115 (5) (t), (um), and (v) exceeds $400,000 on June 30 of any fiscal year, the amount
4in excess of $400,000 shall lapse from the appropriation under s.
20.370 (5) (bq) 520.115 (5) (t) to the conservation fund, except as provided in subd. 2.
AB926, s. 594
6Section
594. 28.11 (9) (ar) 2. of the statutes is amended to read:
AB926,126,107
28.11
(9) (ar) 2. Notwithstanding s. 20.001 (3) (c), if the amount in the
8appropriation under s.
20.370 (5) (bq) 20.115 (5) (t) is insufficient for the amount that
9must lapse under subd. 1., the remainder that is necessary for the lapse shall lapse
10from the appropriation under s.
20.370 (5) (bu) 20.115 (5) (v).
AB926, s. 595
11Section
595. 28.11 (12) of the statutes is amended to read:
AB926,126,2412
28.11
(12) Enforcement. If at any time it appears to the department that the
13lands are not being managed in accordance with this section it shall so advise the
14county forestry committee and the county clerk. If the condition persists the
15department may
proceed against the persons responsible for such noncompliance
16under s. 30.03 (4) order a hearing under ch. 227 concerning the noncompliance, and
17may request the hearing examiner to issue an order directing the responsible parties
18to perform or refrain from performing acts in order to remedy the noncompliance.
19If any person fails or neglects to obey an order, the department may request the
20attorney general to institute proceedings for the enforcement of the department's
21order in the name of the state. The proceedings shall be brought in the manner and
22with the effect of proceedings under s. 111.07 (7). No penalty may be imposed for
23violation of a hearing examiner's order under this subsection, but violation of a
24judgment enforcing the order may be punished in civil contempt proceedings.
AB926, s. 596
25Section
596. 28.90 of the statutes is created to read:
AB926,127,3
128.90 Enforcement. (1) The department shall enforce all of the laws that the
2department is required to administer for the state forests and shall bring, or cause
3to be brought, actions and proceedings in the name of the state for that purpose.
AB926,127,7
4(2) All sheriffs, deputy sheriffs, coroners, and other police officers are deputy
5state forest rangers, and shall assist the department and its rangers in the
6enforcement of this chapter whenever notice of a violation of this chapter is given to
7them by the department or its rangers.
AB926, s. 597
8Section
597. 28.92 of the statutes is created to read:
AB926,127,11
928.92 State forest rangers. (1) The persons appointed by the department
10to enforce the laws relating to state forests shall be known as state forest rangers and
11shall be subject to ch. 230.
AB926,127,14
12(2) The department shall provide to all state forest rangers, before exercising
13any of their powers, a commission issued by the department under its seal, to read
14substantially as follows:
AB926,127,16
15State of Wisconsin
16
Department of agriculture, trade and consumer protection
AB926,127,1717
To all to whom these presents shall come, greeting:
AB926,127,2218
Know ye, that reposing special trust and confidence in the integrity and ability
19of ...., of the county of ...., we do hereby appoint and constitute .... a state forest ranger
20for the state of Wisconsin, and do authorize and empower .... to execute and fulfill the
21duties of that office according to law, during good behavior and the faithful
22performance of the duties of that office.
AB926,127,2523
In testimony whereof, the secretary has hereunto affixed the secretary's
24signature and the official seal of the department, at its office in the city of Madison,
25Wisconsin, this .... day of ...., .....
AB926,128,1
1(Seal)
State of Wisconsin
AB926,128,2
2Department of agriculture, trade and consumer protection
AB926,128,33
By .... ....
AB926,128,7
4(3) The department shall furnish to each state forest ranger at the time of the
5ranger's appointment, a pocket identification folder in the same form and substance
6as the folder described in s. 23.10 (5), except that the impression shall be the seal of
7the department.
AB926,128,11
8(4) A state forest ranger shall carry the identification folder on his or her person
9at all times that he or she is on official duty, and a state forest ranger shall, on
10demand, exhibit the same to any person to whom he or she may represent himself
11or herself as a state forest ranger.
AB926, s. 598
12Section
598. 28.94 of the statutes is created to read:
AB926,128,15
1328.94 Resisting or falsely impersonating a state forest ranger. Any
14person who does any of the following may be fined not more than $10,000 or
15imprisoned for not more than 9 months or both:
AB926,128,17
16(1) Assaults or otherwise resists or obstructs any state forest ranger in the
17performance of his or her duties.
AB926,128,19
18(2) Falsely represents himself or herself to be a state forest ranger or assumes
19to act as a state forest ranger without having been first appointed.
AB926, s. 599
20Section
599. 28.98 of the statutes is created to read:
AB926,128,23
2128.98 General penalty provision. Any person who violates any provision
22of this chapter or any rule promulgated or order issued under this chapter for which
23no other penalty is prescribed is subject to a forfeiture of not more than $100.
AB926, s. 600
24Section
600. 29.024 (6) (ag) of the statutes is amended to read:
AB926,129,4
129.024
(6) (ag) Under a contract issued under par. (a) 4., the department may
2deduct a portion of each fee collected for a license issued pursuant to the statewide
3automated system. The department shall credit all of the amounts deducted to the
4appropriation account under s. 20.370
(9) (hv) (1) (hx).
AB926, s. 601
5Section
601. 29.088 (2g) (b) of the statutes is amended to read:
AB926,129,106
29.088
(2g) (b) Subsections (1) and (2) do not apply to toxicants placed in the
7waters of a preexisting fish rearing facility that is an artificial body of water if the
8toxicants are necessary to the operation of the fish farm and the department
of
9environmental quality has issued a permit under s. 283.31 for the preexisting fish
10rearing facility.
AB926, s. 602
11Section
602. 29.097 of the statutes is created to read:
AB926,129,15
1229.097 Hunting, trapping, and fishing in certain forests. No person may
13hunt, trap, or fish in forests owned by the state and under the jurisdiction of the
14department of agriculture, trade and consumer protection unless the department of
15natural resources authorizes hunting, trapping, or fishing in those forests.
AB926, s. 603
16Section
603. 29.219 (3) (c) of the statutes is amended to read:
AB926,129,2017
29.219
(3) (c)
Use of fees. The department shall deposit receipts from the sale
18of resident 2-day sports fishing licenses under this subsection in the conservation
19fund. The department shall credit 50% of these receipts to the appropriation under
20s. 20.370
(4) (1) (ku).
AB926, s. 604
21Section
604. 29.219 (3m) (c) of the statutes is amended to read:
AB926,129,2522
29.219
(3m) (c)
Use of fees. The department shall deposit receipts from the sale
23of 2-day inland lake trout fishing licenses under this subsection in the conservation
24fund. The department shall credit 50 percent of these receipts to the appropriation
25account under s. 20.370
(4) (1) (kv).
AB926, s. 605
1Section
605. 29.228 (7) (c) of the statutes is amended to read:
AB926,130,52
29.228
(7) (c)
Use of fees. The department shall deposit receipts from the sale
3of nonresident 2-day sports fishing licenses under this subsection in the
4conservation fund. The department shall credit 50% of these receipts to the
5appropriation under s. 20.370
(4) (1) (ku).
AB926, s. 606
6Section
606. 29.2285 (3) (e) of the statutes is amended to read:
AB926,130,107
29.2285
(3) (e)
Use of moneys from fees. The department shall deposit the
8receipts from the sale of sturgeon hook and line tags issued under this subsection into
9the conservation fund and shall credit these receipts to the appropriation account
10under s. 20.370
(4) (1) (ky).
AB926, s. 607
11Section
607. 29.229 (5r) of the statutes is amended to read:
AB926,130,1512
29.229
(5r) Fees to the department. The department may require that the
13band remit all of the fees collected under sub. (3) (a) to the department. If the
14department so requires, all of these fees shall be deposited in the conservation fund
15and credited to the appropriation account under s. 20.370
(9) (hs) (1) (js).
AB926,130,1918
29.2295
(4) (c) 1. Subject to subd. 2., the department shall make the payment
19under par. (a) from the appropriation under s. 20.370
(9) (hk) (1) (hg).
AB926,130,2320
2. If the amount calculated under par. (b) for a fiscal year exceeds the amount
21appropriated under s. 20.370
(9) (hk) (1) (hg) for that fiscal year, the department shall
22make a payment from the appropriation under s. 20.370
(9) (ht) (1) (hv) to the band
23that equals the difference between the 2 amounts.
AB926, s. 609
24Section
609. 29.2297 (4) of the statutes is amended to read:
AB926,131,3
129.2297
(4) Use of moneys. All moneys retained by the department pursuant
2to a contract entered into under this section shall be credited to the appropriation
3account under s. 20.370
(9) (hu) (1) (jw).
AB926, s. 610
4Section
610. 29.237 (5) of the statutes is amended to read:
AB926,131,75
29.237
(5) The department shall deposit receipts from the sale of sturgeon
6spearing licenses under this subsection into the conservation fund and shall credit
7these receipts to the appropriation account under s. 20.370
(4) (1) (kw).
AB926, s. 611
8Section
611. 29.556 (3) of the statutes is amended to read:
AB926,131,109
29.556
(3) Any fees collected under this section by the department shall be
10credited to the appropriation account under s. 20.370
(9) (hu) (1) (jw).
AB926,131,1513
29.564
(2) All moneys collected under sub. (1), less the amount retained as
14authorized under sub. (1m), shall be deposited into the account under s. 20.370
(3) 15(1) (is).
AB926, s. 613
16Section
613. 29.601 (3) (b) of the statutes is amended to read:
AB926,131,2317
29.601
(3) (b) Paragraph (a) does not apply to authorized drainage and sewage
18from municipalities and industrial or other wastes discharged from mines or
19commercial or industrial or ore processing plants or operations, through treatment
20and disposal facilities installed and operated in accordance with plans submitted to
21and approved by the department
of environmental quality under chs. 281, 285 or 289
22to 299 or in compliance with orders of the department
of environmental quality. Any
23order is subject to modification by subsequent orders.
AB926, s. 614
24Section
614. 29.601 (5) (b) 2. of the statutes is amended to read:
AB926,132,4
129.601
(5) (b) 2. This section does not apply to toxicants placed in the waters
2of a preexisting fish rearing facility that is an artificial body of water if the toxicants
3are necessary to the operation of the fish farm and the department
of environmental
4quality has issued a permit under s. 283.31 for the preexisting fish rearing facility.
AB926, s. 615
5Section
615. 29.931 (2) (am) of the statutes is amended to read:
AB926,132,146
29.931
(2) (am) If the department or its wardens seize any net or similar fishing
7device under par. (a), the owner shall reimburse the department for all costs
8associated with the seizure within 20 days after the department gives written notice
9to the owner of the owner's obligation to reimburse the department. The notice shall
10include the amount of the costs required to be reimbursed by the owner. If the owner
11does not reimburse the department as required under this paragraph, the owner
12shall forfeit not more than $1,000 in addition to the costs of reimbursement. All
13reimbursement costs collected under this paragraph shall be credited to the
14appropriation under s. 20.370
(3) (mi) (1) (pi).
AB926, s. 616
15Section
616. 29.984 (2) of the statutes is amended to read:
AB926,132,1816
29.984
(2) Use of commercial fish protection surcharge funds. All moneys
17collected from commercial fish protection surcharges shall be credited to the
18appropriation under s. 20.370
(4) (1) (kr).
AB926, s. 617
19Section
617. 29.987 (2) of the statutes is amended to read:
AB926,132,2220
29.987
(2) Use of natural resources surcharge funds. All moneys collected
21from natural resources surcharges shall be credited to the appropriation under s.
2220.370
(3) (mu) (1) (pu).
AB926, s. 618
23Section
618. 29.989 (2) of the statutes is amended to read:
AB926,133,3
129.989
(2) Use of natural resources restitution surcharge funds. All
2moneys collected from natural resources restitution surcharges shall be
3appropriated for use under s. 20.370
(3) (mu) (1) (pu).
AB926, s. 619
4Section
619. 29.9905 (2) of the statutes is amended to read:
AB926,133,75
29.9905
(2) Use of Great Lakes resource surcharge funds. All moneys
6collected from Great Lakes resource surcharges shall be credited to the
7appropriation under s. 20.370
(4) (1) (kr).
AB926, s. 620
8Section
620. 30.01 (title) of the statutes is amended to read:
AB926,133,9
930.01 (title)
Definitions for chapter.
AB926, s. 621
10Section
621. 30.01 (1j) of the statutes is repealed.
AB926, s. 622
11Section
622. 30.01 (6) of the statutes is repealed.
AB926, s. 623
12Section
623. 30.015 of the statutes is created to read:
AB926,133,13
1330.015 Definitions for subchs. I to III. (1) In subchs. I to III:
AB926,133,1414
(a) "Department" means the department of environmental quality.
AB926,133,1515
(b) "Secretary" means the secretary of environmental quality.
AB926, s. 624
16Section
624. 30.03 (2) of the statutes is amended to read:
AB926,133,2317
30.03
(2) The district attorney of the appropriate county or, at the request of
18the department
of environmental quality, the attorney general shall institute
19proceedings to recover any forfeiture imposed or to abate any nuisance committed
20under
this chapter subchs. I to III or ch. 31.
The district attorney or, at the request
21of the department of natural resources, the attorney general shall institute
22proceedings to recover any forfeiture imposed or to abate any nuisance committed
23under subch. IV or V.
AB926, s. 626
1Section
626. 30.12 (1m) (a) of the statutes is amended to read:
AB926,134,42
30.12
(1m) (a) The department of agriculture, trade and consumer protection,
3after consulting with the department of
natural resources environmental quality,
4specifically approves the structure or deposit.
AB926, s. 627
5Section
627. 30.12 (1m) (b) of the statutes is amended to read:
AB926,134,106
30.12
(1m) (b) The structure or deposit is required, under rules promulgated
7by the department of agriculture, trade and consumer protection, in order to conform
8the drain to specifications approved by the department of agriculture, trade and
9consumer protection after consulting with the department of
natural resources 10environmental quality.
AB926, s. 628
11Section
628. 30.124 of the statutes, as affected by
2009 Wisconsin Act 55, is
12renumbered 23.244, and 23.244 (1) (intro.) and (a), as renumbered are amended to
13read:
AB926,134,1914
23.244
(1) (intro.) Notwithstanding ss. 30.12, 30.20, 30.44, and 30.45, and if the
15department finds
, after consulting with the department of environmental quality, 16that the activity will not adversely affect public or private rights or interests in fish
17and wildlife populations, navigation, or waterway flood flow capacity and will not
18result in environmental pollution, as defined in s. 299.01 (4), the department may
19do all of the following on public lands or waters:
AB926,134,2220
(a) Cut aquatic plants, as defined in s.
30.07 30.795 (1) (b), without removing
21them from the water, for the purpose of improving waterfowl nesting, brood, and
22migration habitat.
AB926, s. 630
25Section
630. 30.20 (1g) (c) of the statutes is amended to read: