AB100-ASA1-AA8,100,2219 2. This section does not apply to toxicants placed in the waters of a preexisting
20fish rearing facility that is an artificial body of water if the toxicants are necessary
21to the operation of the fish farm and the department has issued a permit under s.
22283.31 for the preexisting fish rearing facility.".
AB100-ASA1-AA8,100,23 23515. Page 515, line 8: after that line insert:
AB100-ASA1-AA8,100,24 24" Section 1105m. 29.33 (4g) of the statutes is created to read:
AB100-ASA1-AA8,101,4
129.33 (4g) Prohibition against operating fish farms. No person who holds a
2commercial fishing or crew license issued under this section may operate a fish farm
3that contains a species of fish that the holder of the license is authorized to catch
4under this section or rules promulgated under this section.".
AB100-ASA1-AA8,101,5 5516. Page 515, line 11: after that line insert:
AB100-ASA1-AA8,101,6 6" Section 1108m. 29.34 (6) of the statutes is created to read:
AB100-ASA1-AA8,101,97 29.34 (6) No person who holds a net license may operate a fish farm that
8contains a variety of fish that the holder of the license is authorized to catch under
9this section or under rules promulgated under this section.".
AB100-ASA1-AA8,101,10 10517. Page 515, line 24: after that line insert:
AB100-ASA1-AA8,101,11 11" Section 1111m. 29.343 (6) of the statutes is created to read:
AB100-ASA1-AA8,101,1412 29.343 (6) No person who holds a slat net license may operate a fish farm that
13contains a species of fish that the holder of the license is authorized to catch under
14this section or under rules promulgated under this section.
AB100-ASA1-AA8, s. 1111r 15Section 1111r. 29.344 (5) of the statutes is created to read:
AB100-ASA1-AA8,101,1916 29.344 (5) No person who holds a trammel net license issued under this section
17may operate a fish farm that contains a species of fish that the holder of the license
18is authorized to catch under this section or under rules promulgated under this
19section.".
AB100-ASA1-AA8,101,20 20518. Page 516, line 10: after that line insert:
AB100-ASA1-AA8,101,21 21" Section 1115m. 29.36 (4) of the statutes is created to read:
AB100-ASA1-AA8,101,2422 29.36 (4) No person who holds a set or bank pole license may operate a fish farm
23that contains a species of fish that the holder of the license is authorized to catch
24under this section or under rules promulgated under this section.".
AB100-ASA1-AA8,102,1
1519. Page 516, line 19: after that line insert:
AB100-ASA1-AA8,102,2 2" Section 1118m. 29.37 (5) of the statutes is created to read:
AB100-ASA1-AA8,102,63 29.37 (5) No person who holds a set line license issued under this section may
4operate a fish farm that contains a kind of fish that the holder of the license is
5authorized to catch under this section or under rules promulgated under this
6section.".
AB100-ASA1-AA8,102,8 7520. Page 518, line 4: delete the material beginning with that line and ending
8with page 521, line 13, and substitute:
AB100-ASA1-AA8,102,9 9" Section 1120hg. 29.50 (title) of the statutes is amended to read:
AB100-ASA1-AA8,102,10 1029.50 (title) Propagation privileged of fish; protected wild animals.
AB100-ASA1-AA8, s. 1120hm 11Section 1120hm. 29.50 of the statutes is renumbered 29.50 (1) (intro.) and
12amended to read:
AB100-ASA1-AA8,102,1413 29.50 (1) (intro.) Nothing in the foregoing provisions this chapter concerning
14the protection of wild animals shall affect the applies to any of the following:
AB100-ASA1-AA8,102,15 15(a) The operation of state fish hatcheries, the.
AB100-ASA1-AA8,102,18 16(b) The removal of fish which have died from natural causes or the removal of
17deleterious fish by the department or under its authority; or the as authorized under
18this chapter.
AB100-ASA1-AA8,102,20 19(c) The propagation or transportation, collecting and transplanting of fish or
20fish fry by state authority; nor the
by the department.
AB100-ASA1-AA8,102,23 21(d) The transportation of fish into or through this state or out of it by the
22commissioners of fisheries of other states or of the United States ; nor the operation
23of private fish hatcheries, or the propagation of fish in private waters, or the
.
AB100-ASA1-AA8,103,2
1(e) The transportation and sale of fish therefrom as hereinafter provided; but
2the
.
AB100-ASA1-AA8,103,6 3(2) The department, or its agents and employes, shall may not furnish fish or
4fry
from state hatcheries to private ponds, private clubs, corporations or preserves,
5and shall may not introduce, stock or plant them in waters where the general public
6is not allowed the rights and privileges enjoyed by any individual.
AB100-ASA1-AA8, s. 1120hr 7Section 1120hr. 29.50 (3) of the statutes is created to read:
AB100-ASA1-AA8,103,108 29.50 (3) An operator of a fish farm, or an employe of the operator, may capture
9turtles that are on the fish farm, transport them to different locations and release
10them into the wild.
AB100-ASA1-AA8, s. 1120jm 11Section 1120jm. 29.51 (title) of the statutes is repealed and recreated to read:
AB100-ASA1-AA8,103,12 1229.51 (title) Propagation of fish; removal of fish.
AB100-ASA1-AA8, s. 1120km 13Section 1120km. 29.51 (1) (intro.) and (e) of the statutes are amended to read:
AB100-ASA1-AA8,103,1614 29.51 (1) (title) State fish hatcheries ; fish management by state. (intro.) The
15department shall have general charge of the following matters for operating state
16fish hatcheries
, and all necessary powers therefor, namely:
AB100-ASA1-AA8,103,2517 (e) The Subject to s. 95.60, the receiving from the U.S. commissioners of
18fisheries, from the commissioners of fisheries of other states or from other persons
19of all spawn, fry fish eggs or fish donated to the state or purchased, and in the most
20practical ways, by exchange or otherwise, to procure, receive, distribute and dispose
21of spawn fish eggs and fish; to make contracts and carry on the same for the
22transportation of fish cars, cans, departmental officers and employes by land or
23water as is most advantageous to the state; and to take such other measures as in
24their judgment best promotes the abundant supply of food fishes in the waters of the
25state.
AB100-ASA1-AA8, s. 1120np
1Section 1120np. 29.51 (2) of the statutes is amended to read:
AB100-ASA1-AA8,104,112 29.51 (2) Transplantation of fish. The department may take or cause to be
3taken fish at any time of the year from any waters of the state for stocking other
4waters or for the purpose of securing eggs for artificial propagation. These fish or
5eggs may be taken only under a special permit issued by the department and only
6in the presence of the department or its wardens. This permit shall specify the kinds
7of fish that may be taken and the manner in which they may be taken. This permit
8is subject to the conditions that the holder pay for the services of and furnish free
9transportation and meals on his or her boat to a competent person approved by the
10department to spawn the fish and fertilize the eggs and that the eggs are delivered
11at the place designated by the department.
AB100-ASA1-AA8, s. 1120pm 12Section 1120pm. 29.51 (3) (title) of the statutes is amended to read:
AB100-ASA1-AA8,104,1313 29.51 (3) (title) Delivery of spawn fish eggs.
AB100-ASA1-AA8, s. 1120qg 14Section 1120qg. 29.51 (3m) (title) of the statutes is created to read:
AB100-ASA1-AA8,104,1515 29.51 (3m) (title) Destruction of fish eggs or fish.
AB100-ASA1-AA8, s. 1120qm 16Section 1120qm. 29.51 (3m) (b) of the statutes is created to read:
AB100-ASA1-AA8,104,2217 29.51 (3m) (b) Paragraph (a) does not authorize the department of natural
18resources to remove fish or fish eggs from a self-contained fish rearing facility or
19from a preexisting fish rearing facility that is barrier equipped and that is an
20artificial body of water unless the department of agriculture, trade and consumer
21protection has requested that the department of natural resources remove the fish
22or fish eggs to address a problem affecting fish health.
AB100-ASA1-AA8, s. 1120qr 23Section 1120qr. 29.51 (4) of the statutes is amended to read:
AB100-ASA1-AA8,105,224 29.51 (4) (title) Removal of spawn fish eggs or fish from state. No person shall
25may remove any fish eggs or live fish from this state except as authorized by law,

1unless a permit therefor has been issued to the person by the department. This
2subsection does not apply to farm-raised fish or eggs from farm-raised fish.
AB100-ASA1-AA8, s. 1120rg 3Section 1120rg. 29.51 (5) (title) of the statutes is repealed and recreated to
4read:
AB100-ASA1-AA8,105,55 29.51 (5) (title) Fishing for propagation purposes.
AB100-ASA1-AA8, s. 1120rm 6Section 1120rm. 29.51 (5) of the statutes is renumbered 29.51 (5) (intro.) and
7amended to read:
AB100-ASA1-AA8,105,138 29.51 (5) (intro.) No employe of the department, and no other person, while
9engaged in
For the purposes of catching wild fish from the public waters for purposes
10of artificial propagation, shall or for introduction, stocking or planting in fish farms,
11no person may
take or have possession or control of any kind of fish other than those
12that the person has been directed, by the department, to take therefrom.
unless par.
13(a) or (b) applies:
AB100-ASA1-AA8, s. 1120rp 14Section 1120rp. 29.51 (5) (a) and (b) of the statutes are created to read:
AB100-ASA1-AA8,105,1615 29.51 (5) (a) The person has the approvals required under this chapter to take,
16possess or control that kind of fish.
AB100-ASA1-AA8,105,1817 (b) The person has been otherwise authorized by the department to take,
18possess or control that kind of fish.
AB100-ASA1-AA8, s. 1120vm 19Section 1120vm. 29.513 (5) of the statutes is created to read:
AB100-ASA1-AA8,105,2220 29.513 (5) A person who is using a navigable lake that is a freeze-out pond as
21a fish farm, or as part of a fish farm, is exempt from obtaining a permit under this
22section.
AB100-ASA1-AA8, s. 1120vr 23Section 1120vr. 29.514 of the statutes is created to read:
AB100-ASA1-AA8,106,3
129.514 Private fishing preserves. (1) A single person may register with the
2department a natural, navigable, self-contained body of water as a private fishing
3preserve if all of the following apply:
AB100-ASA1-AA8,106,54 (a) All of the use and occupancy rights in the land that is riparian to the body
5of water are owned or leased by the registrant.
AB100-ASA1-AA8,106,86 (b) The registrant and any owner of the riparian land do not provide access to
7the body of water to the public by means of an easement or other right-of-way or by
8means of a business open to the public.
AB100-ASA1-AA8,106,10 9(2) No lake association, corporation or other association that is formed to
10establish a private fishing preserve is eligible to register under this section.
AB100-ASA1-AA8,106,11 11(3) A registration under this section is valid for one year.
AB100-ASA1-AA8,106,16 12(4) A person who is fishing in a private fishing preserve is exempt from having
13any sport fishing approval issued under this chapter. No person may sell or trade
14fish that are caught in a private fishing preserve. No person may charge a fee for
15fishing in a private fishing preserve or a fee for an activity that includes the privilege
16of fishing in a private fishing preserve.
AB100-ASA1-AA8, s. 1120xm 17Section 1120xm. 29.52 of the statutes is repealed.
AB100-ASA1-AA8, s. 1124d 18Section 1124d. 29.521 of the statutes is created to read:
AB100-ASA1-AA8,106,20 1929.521 Natural waters used in fish farms. (1) No person may use a natural
20body of water as a fish farm or as part of a fish farm unless all of the following apply:
AB100-ASA1-AA8,106,2221 (a) The land that is riparian to the body of water is owned, leased or controlled
22by the owners of the fish farm.
AB100-ASA1-AA8,107,223 (b) None of the owners of the fish farm or of the riparian land provides access
24to the body of water to the public by means of an easement or other right-of-way or

1by means of a business open to the public, except that the owners of the fish farm may
2allow fishing by the public for a fee.
AB100-ASA1-AA8,107,33 (c) The body of water is one of the following:
AB100-ASA1-AA8,107,44 1. A freeze-out pond.
AB100-ASA1-AA8,107,55 2. A preexisting fish rearing facility that is barrier equipped.
AB100-ASA1-AA8,107,66 (d) A permit for the body of water has been issued under sub. (2).
AB100-ASA1-AA8,107,10 7(2) (a) The department shall issue a permit under this subsection for a natural
8body of water specified under sub. (1) (c) 1. if the department determines that no
9substantial public interest exists in the body of water and that no public or private
10rights in the body of water will be damaged.
AB100-ASA1-AA8,107,1511 (b) Notwithstanding par. (a), for a freeze-out pond that is licensed as a private
12fish hatchery, or as part of a private fish hatchery, under s. 29.52, 1995 stats., on the
13effective date of this paragraph .... [revisor inserts date], or for a natural body of
14water as described under sub. (1) (c) 2., the department shall issue an initial permit
15without making the determination under par. (a).
AB100-ASA1-AA8,107,2016 (c) 1. The department shall renew a permit issued under this subsection unless
17the department determines that there has been a substantial change in
18circumstances that is related to a determination made under par. (a) for the natural
19body of water or that is related to the application of the criteria promulgated under
20par. (f) to the body of water.
AB100-ASA1-AA8,107,2221 2. A person may apply for a renewal of a permit issued under this subsection
22within the 16 months before the permit expires.
AB100-ASA1-AA8,107,2523 3. Except as provided in subd. 4., the department shall renew the permit, or
24deny the renewal, within 3 months after the date on which the department receives
25the application for the renewal.
AB100-ASA1-AA8,108,5
14. The department may delay the renewal or denial of the renewal under subd.
23. until the May 31 immediately following the date on which the department receives
3the renewal application if ice conditions prevent the department from inspecting the
4body of water for purposes of renewal within a reasonable time after receiving the
5application.
AB100-ASA1-AA8,108,86 (d) If the department denies a permit under par. (a), (b) or (c), the department
7shall issue written findings supporting the reason for the denial that are based on
8the criteria promulgated under par. (f).
AB100-ASA1-AA8,108,139 (e) The department may suspend a permit for a body of water specified in sub.
10(1) (c) 2. for 90 days if the department finds that the permit holder has failed to
11adequately maintain the fish barriers and may revoke the permit if the department
12determines that the failure to adequately maintain the barriers has not been
13corrected within the 90-day period.
AB100-ASA1-AA8,108,1514 (f) The department shall promulgate rules to establish the fees, criteria and
15procedures to be used in issuing permits under this subsection.
AB100-ASA1-AA8, s. 1124dm 16Section 1124dm. 29.525 of the statutes is created to read:
AB100-ASA1-AA8,108,20 1729.525 Importation of fish. (1) No person may bring into this state any fish,
18or fish eggs, of a species that is not native to this state for the purpose of introduction
19into the waters of the state, as defined in s. 281.01 (18), of use as bait or of rearing
20in a fish farm without having a permit issued by the department.
AB100-ASA1-AA8,108,22 21(2) A person applying for a permit under this section shall submit a written
22application to the department.
AB100-ASA1-AA8,108,24 23(3) Subsections (1) and (2) do not apply to the importation of fish by the
24department.
AB100-ASA1-AA8,109,3
1(4) For the purpose of issuing permits under this section, the department may
2not require that any testing, inspection or investigation be performed concerning the
3health of the fish.".
AB100-ASA1-AA8,109,4 4521. Page 521, line 17: delete lines 17 to 23 and substitute:
AB100-ASA1-AA8,109,6 5"(b) "Qualified inspector" means a veterinarian licensed under ch. 453 or a
6person who is qualified to issue fish health certificates under s. 95.60 (4s) (c).
AB100-ASA1-AA8,109,97 (c) "Waters of the state" does not include self-contained fish rearing facilities
8or preexisting fish rearing facilities that are barrier equipped and that are artificial
9bodies of water.".
AB100-ASA1-AA8,109,10 10522. Page 522, line 2: delete lines 2 to 4 and substitute:
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