AB926: Bill Text

AB926, s. 605 Section 605. 29.228 (7) (c) of the statutes is amended to read:

AB926,130,5 29.228 (7) (c) Use of fees. The department shall deposit receipts from the sale of nonresident 2-day sports fishing licenses under this subsection in the conservation fund. The department shall credit 50% of these receipts to the appropriation under s. 20.370 (4) (1) (ku).

AB926, s. 606 Section 606. 29.2285 (3) (e) of the statutes is amended to read:

AB926,130,10 29.2285 (3) (e) Use of moneys from fees. The department shall deposit the receipts from the sale of sturgeon hook and line tags issued under this subsection into the conservation fund and shall credit these receipts to the appropriation account under s. 20.370 (4) (1) (ky).

AB926, s. 607 Section 607. 29.229 (5r) of the statutes is amended to read:

AB926,130,15 29.229 (5r) Fees to the department. The department may require that the band remit all of the fees collected under sub. (3) (a) to the department. If the department so requires, all of these fees shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (9) (hs) (1) (js).

AB926, s. 608 Section 608. 29.2295 (4) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,130,19 29.2295 (4) (c) 1. Subject to subd. 2., the department shall make the payment under par. (a) from the appropriation under s. 20.370 (9) (hk) (1) (hg).

AB926,130,23 2. If the amount calculated under par. (b) for a fiscal year exceeds the amount appropriated under s. 20.370 (9) (hk) (1) (hg) for that fiscal year, the department shall make a payment from the appropriation under s. 20.370 (9) (ht) (1) (hv) to the band that equals the difference between the 2 amounts.

AB926, s. 609 Section 609. 29.2297 (4) of the statutes is amended to read:

AB926,131,3 29.2297 (4) Use of moneys. All moneys retained by the department pursuant to a contract entered into under this section shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (jw).

AB926, s. 610 Section 610. 29.237 (5) of the statutes is amended to read:

AB926,131,7 29.237 (5) The department shall deposit receipts from the sale of sturgeon spearing licenses under this subsection into the conservation fund and shall credit these receipts to the appropriation account under s. 20.370 (4) (1) (kw).

AB926, s. 611 Section 611. 29.556 (3) of the statutes is amended to read:

AB926,131,10 29.556 (3) Any fees collected under this section by the department shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (jw).

AB926, s. 612 Section 612. 29.564 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,131,15 29.564 (2) All moneys collected under sub. (1), less the amount retained as authorized under sub. (1m), shall be deposited into the account under s. 20.370 (3) (1) (is).

AB926, s. 613 Section 613. 29.601 (3) (b) of the statutes is amended to read:

AB926,131,23 29.601 (3) (b) Paragraph (a) does not apply to authorized drainage and sewage from municipalities and industrial or other wastes discharged from mines or commercial or industrial or ore processing plants or operations, through treatment and disposal facilities installed and operated in accordance with plans submitted to and approved by the department of environmental quality under chs. 281, 285 or 289 to 299 or in compliance with orders of the department of environmental quality. Any order is subject to modification by subsequent orders.

AB926, s. 614 Section 614. 29.601 (5) (b) 2. of the statutes is amended to read:

AB926,132,4 29.601 (5) (b) 2. This section does not apply to toxicants placed in the waters of a preexisting fish rearing facility that is an artificial body of water if the toxicants are necessary to the operation of the fish farm and the department of environmental quality has issued a permit under s. 283.31 for the preexisting fish rearing facility.

AB926, s. 615 Section 615. 29.931 (2) (am) of the statutes is amended to read:

AB926,132,14 29.931 (2) (am) If the department or its wardens seize any net or similar fishing device under par. (a), the owner shall reimburse the department for all costs associated with the seizure within 20 days after the department gives written notice to the owner of the owner's obligation to reimburse the department. The notice shall include the amount of the costs required to be reimbursed by the owner. If the owner does not reimburse the department as required under this paragraph, the owner shall forfeit not more than $1,000 in addition to the costs of reimbursement. All reimbursement costs collected under this paragraph shall be credited to the appropriation under s. 20.370 (3) (mi) (1) (pi).

AB926, s. 616 Section 616. 29.984 (2) of the statutes is amended to read:

AB926,132,18 29.984 (2) Use of commercial fish protection surcharge funds. All moneys collected from commercial fish protection surcharges shall be credited to the appropriation under s. 20.370 (4) (1) (kr).

AB926, s. 617 Section 617. 29.987 (2) of the statutes is amended to read:

AB926,132,22 29.987 (2) Use of natural resources surcharge funds. All moneys collected from natural resources surcharges shall be credited to the appropriation under s. 20.370 (3) (mu) (1) (pu).

AB926, s. 618 Section 618. 29.989 (2) of the statutes is amended to read:

AB926,133,3 29.989 (2) Use of natural resources restitution surcharge funds. All moneys collected from natural resources restitution surcharges shall be appropriated for use under s. 20.370 (3) (mu) (1) (pu).

AB926, s. 619 Section 619. 29.9905 (2) of the statutes is amended to read:

AB926,133,7 29.9905 (2) Use of Great Lakes resource surcharge funds. All moneys collected from Great Lakes resource surcharges shall be credited to the appropriation under s. 20.370 (4) (1) (kr).

AB926, s. 620 Section 620. 30.01 (title) of the statutes is amended to read:

AB926,133,9 30.01 (title) Definitions for chapter.

AB926, s. 621 Section 621. 30.01 (1j) of the statutes is repealed.

AB926, s. 622 Section 622. 30.01 (6) of the statutes is repealed.

AB926, s. 623 Section 623. 30.015 of the statutes is created to read:

AB926,133,13 30.015 Definitions for subchs. I to III. (1) In subchs. I to III:

AB926,133,14 (a) "Department" means the department of environmental quality.

AB926,133,15 (b) "Secretary" means the secretary of environmental quality.

AB926, s. 624 Section 624. 30.03 (2) of the statutes is amended to read:

AB926,133,23 30.03 (2) The district attorney of the appropriate county or, at the request of the department of environmental quality, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter subchs. I to III or ch. 31. The district attorney or, at the request of the department of natural resources, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under subch. IV or V.

AB926, s. 625 Section 625. 30.07 of the statutes, as created by 2009 Wisconsin Act 55, is renumbered 30.795.

AB926, s. 626 Section 626. 30.12 (1m) (a) of the statutes is amended to read:

AB926,134,4 30.12 (1m) (a) The department of agriculture, trade and consumer protection, after consulting with the department of natural resources environmental quality, specifically approves the structure or deposit.

AB926, s. 627 Section 627. 30.12 (1m) (b) of the statutes is amended to read:

AB926,134,10 30.12 (1m) (b) The structure or deposit is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications approved by the department of agriculture, trade and consumer protection after consulting with the department of natural resources environmental quality.

AB926, s. 628 Section 628. 30.124 of the statutes, as affected by 2009 Wisconsin Act 55, is renumbered 23.244, and 23.244 (1) (intro.) and (a), as renumbered are amended to read:

AB926,134,19 23.244 (1) (intro.) Notwithstanding ss. 30.12, 30.20, 30.44, and 30.45, and if the department finds, after consulting with the department of environmental quality, that the activity will not adversely affect public or private rights or interests in fish and wildlife populations, navigation, or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 299.01 (4), the department may do all of the following on public lands or waters:

AB926,134,22 (a) Cut aquatic plants, as defined in s. 30.07 30.795 (1) (b), without removing them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.

AB926, s. 629 Section 629. 30.1255 of the statutes, as affected by 2009 Wisconsin Act 55, is renumbered 23.243.

AB926, s. 630 Section 630. 30.20 (1g) (c) of the statutes is amended to read:

AB926,135,8 30.20 (1g) (c) A removal of material by the drainage board for the Duck Creek Drainage District from a drain that the board operates in the Duck Creek Drainage District is exempt from the individual and general permit requirements under this section if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources environmental quality.

AB926, s. 631 Section 631. 30.203 of the statutes is renumbered 23.178.

AB926, s. 632 Section 632. 30.24 of the statutes is renumbered 23.0942.

AB926, s. 633 Section 633. 30.255 of the statutes is renumbered 23.0943.

AB926, s. 634 Section 634. 30.26 of the statutes, as affected by 2009 Wisconsin Acts 7 and 32, is renumbered 23.43.

AB926, s. 635 Section 635. 30.265 of the statutes is renumbered 23.431.

AB926, s. 636 Section 636. 30.27 of the statutes is renumbered 23.432.

AB926, s. 637 Section 637. 30.275 of the statutes is renumbered 23.434.

AB926, s. 638 Section 638. 30.277 of the statutes is renumbered 23.0944.

AB926, s. 639 Section 639. 30.40 (3e) of the statutes is created to read:

AB926,135,19 30.40 (3e) "Department" means the department of natural resources.

AB926, s. 640 Section 640. 30.40 (3g) of the statutes is amended to read:

AB926,135,25 30.40 (3g) "Forester" means a person who is employed by the department of natural resources or the department of agriculture, trade and consumer protection to carry out assigned forest management responsibilities or who has received a bachelor's or higher degree from a school of forestry with curriculum accredited by the society of American foresters in the management of forest resources.

AB926, s. 641 Section 641. 30.40 (15m) of the statutes is created to read:

AB926,136,2 30.40 (15m) "Secretary" means the secretary of natural resources.

AB926, s. 642 Section 642. 30.42 (1) (d) 1. of the statutes is amended to read:

AB926,136,13 30.42 (1) (d) 1. Promulgate rules, in consultation with the department of agriculture, trade and consumer protection, that are applicable only to land in the riverway to regulate the cutting and harvesting of timber so that the effect of cutting or harvesting of timber on the scenic beauty and the natural value of the riverway is minimized. For land that is in the river edge zone or the bluff zone, the rules promulgated under this paragraph shall require that the cutting and harvesting of timber be solely by selection cutting and that the minimum basal area for the residual stand of timber be 60 square feet per acre. The rules promulgated under this paragraph do not apply to any cutting or harvesting of timber subject to regulation under s. 30.43 (3).

AB926, s. 643 Section 643. 30.50 (3m) of the statutes is created to read:

AB926,136,15 30.50 (3m) "Department" means the department of natural resources.

AB926, s. 644 Section 644. 30.50 (4s) of the statutes is amended to read:

AB926,136,19 30.50 (4s) "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.

AB926, s. 645 Section 645. 30.50 (11m) of the statutes is created to read:

AB926,136,21 30.50 (11m) "Secretary" means the secretary of natural resources.

AB926, s. 646 Section 646. 30.52 (1m) (e) of the statutes is amended to read:

AB926,136,25 30.52 (1m) (e) Receipt of fees. All fees remitted to or collected by the department under par. (ar) shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (jw).

AB926, s. 647 Section 647. 30.52 (3m) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,137,5 30.52 (3m) (b) All moneys collected under par. (a), less the amount retained as authorized under par. (am), shall be deposited into the account under s. 20.370 (3) (1) (is).

AB926, s. 648 Section 648. 30.54 (2) of the statutes is amended to read:

AB926,137,11 30.54 (2) If a person applies for a replacement certificate under sub. (1), conservation wardens or local law enforcement officials law enforcement officers, after presenting appropriate credentials to the owner or legal representative of the owner named in the certificate of title, shall inspect the boat's engine serial number or hull identification number, for purposes of verification or enforcement.

AB926, s. 649 Section 649. 30.544 of the statutes is amended to read:

AB926,137,18 30.544 Inspection of boats purchased out-of-state. For purposes of enforcement, conservation wardens or local law enforcement officials law enforcement officers, after presenting appropriate credentials to the owner of a boat which was purchased outside of this state and which is subject to the certificate of title requirements of this chapter, shall inspect the boat's engine serial number or hull identification number.

AB926, s. 650 Section 650. 30.67 (2) (a) of the statutes is amended to read:

AB926,138,2 30.67 (2) (a) If a boating accident results in death or injury to any person, the disappearance of any person from a boat under circumstances indicating death or injury, or property damage, every operator of a boat involved in an accident shall, without delay and by the quickest means available, give notice of the accident to a conservation warden or local law enforcement officer and shall file a written report with the department on the form prescribed by it. The department shall promulgate rules necessary to keep accident reporting requirements in conformity with rules adopted by the U.S. coast guard.

AB926, s. 651 Section 651. 30.773 (2) of the statutes is amended to read:

AB926,138,10 30.773 (2) Procedures. A municipality authorized to establish a bulkhead line under s. 30.11 may establish a designated mooring area in the same manner as it is authorized to establish the bulkhead line except that the municipality is required to obtain the approval of the department of natural resources, rather than the department of environmental quality, and if the municipality created a board of harbor commissioners, the municipality is also required to obtain the approval of that board in addition to the approval of the department.

AB926, s. 652 Section 652. 30.80 (5m) of the statutes, as created by 2009 Wisconsin Act 55, is amended to read:

AB926,138,15 30.80 (5m) Any person violating any provision of s. 30.07 30.795 (2) or (6) shall forfeit not more than $500 for the first offense and shall forfeit not more than $2,000 upon conviction of the same offense a 2nd or subsequent time within 3 years.

AB926, s. 653 Section 653. 30.92 (1) (b) of the statutes is amended to read: