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:
AB926,135,8
130.20
(1g) (c) A removal of material by the drainage board for the Duck Creek
2Drainage District from a drain that the board operates in the Duck Creek Drainage
3District is exempt from the individual and general permit requirements under this
4section if the removal is required, under rules promulgated by the department of
5agriculture, trade and consumer protection, in order to conform the drain to
6specifications imposed by the department of agriculture, trade and consumer
7protection after consulting with the department of
natural resources environmental
8quality.
AB926, s. 631
9Section
631. 30.203 of the statutes is renumbered 23.178.
AB926, s. 632
10Section
632. 30.24 of the statutes is renumbered 23.0942.
AB926, s. 633
11Section
633. 30.255 of the statutes is renumbered 23.0943.
AB926, s. 635
14Section
635. 30.265 of the statutes is renumbered 23.431.
AB926, s. 636
15Section
636. 30.27 of the statutes is renumbered 23.432.
AB926, s. 637
16Section
637. 30.275 of the statutes is renumbered 23.434.
AB926, s. 638
17Section
638. 30.277 of the statutes is renumbered 23.0944.
AB926, s. 639
18Section
639. 30.40 (3e) of the statutes is created to read:
AB926,135,1919
30.40
(3e) "Department" means the department of natural resources.
AB926, s. 640
20Section
640. 30.40 (3g) of the statutes is amended to read:
AB926,135,2521
30.40
(3g) "Forester" means a person who is employed by the department
of
22natural resources or the department of agriculture, trade and consumer protection 23to carry out assigned forest management responsibilities or who has received a
24bachelor's or higher degree from a school of forestry with curriculum accredited by
25the society of American foresters in the management of forest resources.
AB926, s. 641
1Section
641. 30.40 (15m) of the statutes is created to read:
AB926,136,22
30.40
(15m) "Secretary" means the secretary of natural resources.
AB926, s. 642
3Section
642. 30.42 (1) (d) 1. of the statutes is amended to read:
AB926,136,134
30.42
(1) (d) 1. Promulgate rules
, in consultation with the department of
5agriculture, trade and consumer protection, that are applicable only to land in the
6riverway to regulate the cutting and harvesting of timber so that the effect of cutting
7or harvesting of timber on the scenic beauty and the natural value of the riverway
8is minimized. For land that is in the river edge zone or the bluff zone, the rules
9promulgated under this paragraph shall require that the cutting and harvesting of
10timber be solely by selection cutting and that the minimum basal area for the
11residual stand of timber be 60 square feet per acre. The rules promulgated under this
12paragraph do not apply to any cutting or harvesting of timber subject to regulation
13under s. 30.43 (3).
AB926, s. 643
14Section
643. 30.50 (3m) of the statutes is created to read:
AB926,136,1515
30.50
(3m) "Department" means the department of natural resources.
AB926, s. 644
16Section
644. 30.50 (4s) of the statutes is amended to read:
AB926,136,1917
30.50
(4s) "Law enforcement officer" has the meaning specified under s. 165.85
18(2) (c) and includes a person appointed as a conservation warden
by the department 19under s. 23.10 (1)
or a state forest ranger appointed under s. 28.92.
AB926, s. 645
20Section
645. 30.50 (11m) of the statutes is created to read:
AB926,136,2121
30.50
(11m) "Secretary" means the secretary of natural resources.
AB926, s. 646
22Section
646. 30.52 (1m) (e) of the statutes is amended to read:
AB926,136,2523
30.52
(1m) (e)
Receipt of fees. All fees remitted to or collected by the department
24under par. (ar) shall be credited to the appropriation account under s. 20.370
(9) (hu) 25(1) (jw).
AB926,137,53
30.52
(3m) (b) All moneys collected under par. (a), less the amount retained as
4authorized under par. (am), shall be deposited into the account under s. 20.370
(3) 5(1) (is).
AB926, s. 648
6Section
648. 30.54 (2) of the statutes is amended to read:
AB926,137,117
30.54
(2) If a person applies for a replacement certificate under sub. (1),
8conservation wardens or local law enforcement officials law enforcement officers,
9after presenting appropriate credentials to the owner or legal representative of the
10owner named in the certificate of title, shall inspect the boat's engine serial number
11or hull identification number, for purposes of verification or enforcement.
AB926, s. 649
12Section
649. 30.544 of the statutes is amended to read:
AB926,137,18
1330.544 Inspection of boats purchased out-of-state. For purposes of
14enforcement,
conservation wardens or local law enforcement officials law
15enforcement officers, after presenting appropriate credentials to the owner of a boat
16which was purchased outside of this state and which is subject to the certificate of
17title requirements of this chapter, shall inspect the boat's engine serial number or
18hull identification number.
AB926, s. 650
19Section
650. 30.67 (2) (a) of the statutes is amended to read:
AB926,138,220
30.67
(2) (a) If a boating accident results in death or injury to any person, the
21disappearance of any person from a boat under circumstances indicating death or
22injury, or property damage, every operator of a boat involved in an accident shall,
23without delay and by the quickest means available, give notice of the accident to a
24conservation warden or local law enforcement officer and shall file a written report
25with the department on the form prescribed by it. The department shall promulgate
1rules necessary to keep accident reporting requirements in conformity with rules
2adopted by the U.S. coast guard.
AB926, s. 651
3Section
651. 30.773 (2) of the statutes is amended to read:
AB926,138,104
30.773
(2) Procedures. A municipality authorized to establish a bulkhead line
5under s. 30.11 may establish a designated mooring area in the same manner as it is
6authorized to establish the bulkhead line except that
the municipality is required to
7obtain the approval of the department of natural resources, rather than the
8department of environmental quality, and if the municipality created a board of
9harbor commissioners, the municipality is
also required to obtain the approval of
10that board
in addition to the approval of the department.
AB926,138,1513
30.80
(5m) Any person violating any provision of s.
30.07 30.795 (2) or (6) shall
14forfeit not more than $500 for the first offense and shall forfeit not more than $2,000
15upon conviction of the same offense a 2nd or subsequent time within 3 years.
AB926, s. 653
16Section
653. 30.92 (1) (b) of the statutes is amended to read:
AB926,138,2217
30.92
(1) (b) "Governmental unit" means the department
of natural resources,
18the department of agriculture, trade and consumer protection, a municipality, a lake
19sanitary district, a public inland lake protection and rehabilitation district organized
20under ch. 33, the Milwaukee River revitalization council, the Lower Wisconsin State
21Riverway board, or any other local governmental unit, as defined in s. 66.0131 (1) (a),
22that is established for the purpose of lake management.
AB926, s. 654
23Section
654. 31.01 (2) of the statutes is amended to read:
AB926,138,2524
31.01
(2) "Department" means the department of
natural resources 25environmental quality.
AB926, s. 655
1Section
655. 31.02 (4) (c) of the statutes is amended to read:
AB926,139,72
31.02
(4) (c) With good and sufficient fishways or fish ladders, or in lieu thereof
,
3the department of environmental quality may permit the owner
may be permitted 4to enter into an agreement with the department
of natural resources to pay for or to
5supply to the state of Wisconsin annually such quantities of game fish for stocking
6purposes as may be agreed upon by the owner and the department
of natural
7resources.
AB926, s. 656
8Section
656. 31.02 (4r) of the statutes is amended to read:
AB926,139,149
31.02
(4r) The department
of environmental quality shall promulgate rules
10specifying the rights held by the public in navigable waters that are dammed. The
11rules shall include provisions on the rights held by the public that affect the
12placement of fishways or fish ladders in navigable waters that are dammed.
The
13department of environmental quality shall consult with the department of natural
14resources concerning the rules under this subsection.
AB926, s. 657
15Section
657. 31.02 (7m) of the statutes is amended to read:
AB926,139,2216
31.02
(7m) The drainage board for the Duck Creek Drainage District shall
17operate, repair and maintain dams, dikes and other structures in district drains that
18the board operates in the Duck Creek Drainage District in compliance with ch. 88
19and any rules promulgated by the department of agriculture, trade and consumer
20protection under ch. 88. If a county drainage board fails to perform its duties under
21this subsection, the department of
natural resources
environmental quality may
22exercise its authority under subs. (6), (8) and (9).
AB926, s. 658
23Section
658. 31.06 (1) of the statutes is amended to read:
AB926,140,1024
31.06
(1) Upon receipt of an application for a permit under s. 31.05 the
25department
of environmental quality may order a hearing or it may mail a notice
1that it will proceed on the application without public hearing unless a request for a
2public hearing is filed as provided in this section. The notice shall be mailed to the
3clerk of each municipality directly affected by the proposed dam
and to the
4department of natural resources. The department
of environmental quality may
5give further or other notice as it considers proper. The department
of environmental
6quality shall mail a copy of the notice to the applicant who shall cause the notice to
7be published in each county in which affected riparian lands are located as a class
81 notice, under ch. 985. If a hearing is not requested in writing within 30 days after
9mailing of the notice, the department
of environmental quality may waive the
10hearing.
AB926, s. 659
11Section
659. 31.06 (3) (b) of the statutes is amended to read:
AB926,140,1912
31.06
(3) (b) If it appears
, after consulting with the department of natural
13resources, that the construction, operation or maintenance of the proposed dam is in
14the public interest, considering ecological, aesthetic, economic and recreational
15values, the department
of environmental quality shall so find and grant a permit to
16the applicant, provided the department
of environmental quality also finds that the
17applicant has complied with s. 31.14 (2) or (3) and, where applicable, with s. 31.05
18(3), based on the
department's own estimate
of the department of environmental
19quality of the area of the flowage.
AB926, s. 660
20Section
660. 31.187 (2) of the statutes is amended to read:
AB926,141,221
31.187
(2) Whenever the department
of environmental quality, after
22consultation with the department of natural resources, determines that the
23conservation of any species or variety of wild animals will be promoted thereby, the
24department
of environmental quality may maintain and repair any dam located
25wholly upon lands the title to which is in the state either as proprietor or in trust for
1the people after giving due consideration to fixing the level and regulating the flow
2of the public waters.
AB926, s. 661
3Section
661. 31.307 (4) of the statutes is repealed.
AB926, s. 662
4Section
662. 31.309 (1) (a) and (am) of the statutes are repealed.
AB926, s. 663
5Section
663. 31.309 (1) (b) of the statutes is renumbered 31.309 (1) and
6amended to read: