Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,106,3 29.514 Private fishing preserves. (1) A single person may register with the department a natural, navigable, self-contained body of water as a private fishing preserve if all of the following apply:

AB100-ASA1-AA8,106,5 (a) All of the use and occupancy rights in the land that is riparian to the body of water are owned or leased by the registrant.

AB100-ASA1-AA8,106,8 (b) The registrant and any owner of the riparian land do not provide access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public.

AB100-ASA1-AA8,106,10 (2) No lake association, corporation or other association that is formed to establish a private fishing preserve is eligible to register under this section.

AB100-ASA1-AA8,106,11 (3) A registration under this section is valid for one year.

AB100-ASA1-AA8,106,16 (4) A person who is fishing in a private fishing preserve is exempt from having any sport fishing approval issued under this chapter. No person may sell or trade fish that are caught in a private fishing preserve. No person may charge a fee for fishing in a private fishing preserve or a fee for an activity that includes the privilege of fishing in a private fishing preserve.

AB100-ASA1-AA8, s. 1120xm Section 1120xm. 29.52 of the statutes is repealed.

AB100-ASA1-AA8, s. 1124d Section 1124d. 29.521 of the statutes is created to read:

AB100-ASA1-AA8,106,20 29.521 Natural waters used in fish farms. (1) No person may use a natural body of water as a fish farm or as part of a fish farm unless all of the following apply:

AB100-ASA1-AA8,106,22 (a) The land that is riparian to the body of water is owned, leased or controlled by the owners of the fish farm.

AB100-ASA1-AA8,107,2 (b) None of the owners of the fish farm or of the riparian land provides access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public, except that the owners of the fish farm may allow fishing by the public for a fee.

AB100-ASA1-AA8,107,3 (c) The body of water is one of the following:

AB100-ASA1-AA8,107,4 1. A freeze-out pond.

AB100-ASA1-AA8,107,5 2. A preexisting fish rearing facility that is barrier equipped.

AB100-ASA1-AA8,107,6 (d) A permit for the body of water has been issued under sub. (2).

AB100-ASA1-AA8,107,10 (2) (a) The department shall issue a permit under this subsection for a natural body of water specified under sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.

AB100-ASA1-AA8,107,15 (b) Notwithstanding par. (a), for a freeze-out pond that is licensed as a private fish hatchery, or as part of a private fish hatchery, under s. 29.52, 1995 stats., on the effective date of this paragraph .... [revisor inserts date], or for a natural body of water as described under sub. (1) (c) 2., the department shall issue an initial permit without making the determination under par. (a).

AB100-ASA1-AA8,107,20 (c) 1. The department shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.

AB100-ASA1-AA8,107,22 2. A person may apply for a renewal of a permit issued under this subsection within the 16 months before the permit expires.

AB100-ASA1-AA8,107,25 3. Except as provided in subd. 4., the department shall renew the permit, or deny the renewal, within 3 months after the date on which the department receives the application for the renewal.

AB100-ASA1-AA8,108,5 4. The department may delay the renewal or denial of the renewal under subd. 3. until the May 31 immediately following the date on which the department receives the renewal application if ice conditions prevent the department from inspecting the body of water for purposes of renewal within a reasonable time after receiving the application.

AB100-ASA1-AA8,108,8 (d) If the department denies a permit under par. (a), (b) or (c), the department shall issue written findings supporting the reason for the denial that are based on the criteria promulgated under par. (f).

AB100-ASA1-AA8,108,13 (e) The department may suspend a permit for a body of water specified in sub. (1) (c) 2. for 90 days if the department finds that the permit holder has failed to adequately maintain the fish barriers and may revoke the permit if the department determines that the failure to adequately maintain the barriers has not been corrected within the 90-day period.

AB100-ASA1-AA8,108,15 (f) The department shall promulgate rules to establish the fees, criteria and procedures to be used in issuing permits under this subsection.

AB100-ASA1-AA8, s. 1124dm Section 1124dm. 29.525 of the statutes is created to read:

AB100-ASA1-AA8,108,20 29.525 Importation of fish. (1) No person may bring into this state any fish, or fish eggs, of a species that is not native to this state for the purpose of introduction into the waters of the state, as defined in s. 281.01 (18), of use as bait or of rearing in a fish farm without having a permit issued by the department.

AB100-ASA1-AA8,108,22 (2) A person applying for a permit under this section shall submit a written application to the department.

AB100-ASA1-AA8,108,24 (3) Subsections (1) and (2) do not apply to the importation of fish by the department.

AB100-ASA1-AA8,109,3 (4) For the purpose of issuing permits under this section, the department may not require that any testing, inspection or investigation be performed concerning the health of the fish.".

AB100-ASA1-AA8,109,4 521. Page 521, line 17: delete lines 17 to 23 and substitute:

AB100-ASA1-AA8,109,6 "(b) "Qualified inspector" means a veterinarian licensed under ch. 453 or a person who is qualified to issue fish health certificates under s. 95.60 (4s) (c).

AB100-ASA1-AA8,109,9 (c) "Waters of the state" does not include self-contained fish rearing facilities or preexisting fish rearing facilities that are barrier equipped and that are artificial bodies of water.".

AB100-ASA1-AA8,109,10 522. Page 522, line 2: delete lines 2 to 4 and substitute:

AB100-ASA1-AA8,109,12 "2. The fish have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).".

AB100-ASA1-AA8,109,13 523. Page 522, line 4: after that line insert:

AB100-ASA1-AA8,109,14 "3. The fish is not a species of lake sturgeon.".

AB100-ASA1-AA8,109,15 524. Page 522, line 9: delete lines 9 to 12 and substitute:

AB100-ASA1-AA8,109,18 "(3) (a) The department may not introduce, stock or plant any fish in the waters of the state unless the fish have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).".

AB100-ASA1-AA8,109,19 525. Page 522, line 15: delete lines 15 to 17 and substitute:

AB100-ASA1-AA8,109,23 "(a) Shall accept the certification by a qualified inspector that the fish meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b) and may not require that any additional testing, inspection or investigation be performed concerning the health of the fish.".

AB100-ASA1-AA8,109,24 526. Page 523, line 10: delete lines 10 to 15 and substitute:

AB100-ASA1-AA8,110,2 " Section 1124mn. 29.535 (1) (f) of the statutes is renumbered 29.51 (3m) (a) and amended to read:

AB100-ASA1-AA8,110,5 29.51 (3m) (a) The department may seize or destroy, or both, any fish or spawn thereof, or any fish eggs, found to be infected with any disease organisms as are designated by the department.".

AB100-ASA1-AA8,110,6 527. Page 524, line 1: delete lines 1 to 14 and substitute:

AB100-ASA1-AA8,110,20 "29.53 (5) This The requirement of being issued a permit under this section shall not apply to civic organizations, organizations operating newspapers or television stations or promoters of sport shows when and in connection with publicly showing or exhibiting or, giving demonstrations with brook, brown or rainbow trout or providing fishing of fish for periods of not to exceed 10 days. Brook, brown or rainbow trout if the fish are placed in a tank or an artificially constructed pond that is a self-contained body of water. Fish used for such purposes shall be obtained only from resident Class A or Class B private fish hatchery operators licensed under s. 29.52 (4). Such private fish hatchery operators shall keep a record of all brook, brown or rainbow trout introduced in or delivered for introduction in any public waters and shall make a report of such introduction or delivery for such introduction to the department on or before December 31 of each year on forms furnished by the department have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).".

AB100-ASA1-AA8,110,21 528. Page 524, line 15: delete lines 15 to 18.

AB100-ASA1-AA8,110,22 529. Page 526, line 2: after that line insert:

AB100-ASA1-AA8,110,23 " Section 1139p. 29.595 of the statutes is created to read:

AB100-ASA1-AA8,111,4 29.595 Wildlife control in urban communities. (1) The department shall establish a program to award matching grants to urban communities for up to 50% of the costs for projects to plan wildlife abatement measures or to engage in wildlife control efforts or both.

AB100-ASA1-AA8,111,5 (2) A grant awarded under this section may not exceed $5,000.

AB100-ASA1-AA8,111,7 (3) The department shall promulgate rules establishing criteria for awarding grants under this section.".

AB100-ASA1-AA8,111,8 530. Page 526, line 5: delete "to crops on agricultural".

AB100-ASA1-AA8,111,9 531. Page 526, line 6: delete that line.

AB100-ASA1-AA8,111,10 532. Page 527, line 1: substitute "Certification" for " Rules; certification".

AB100-ASA1-AA8,111,11 533. Page 527, line 8: after that line insert:

AB100-ASA1-AA8,111,16 "(am) Type of damage eligible. The type of wildlife damage that is eligible for wildlife damage claim payments shall be limited to damage to commercial seedings or crops growing on agricultural land, damage to crops that have been harvested for sale or further use but that have not been removed from the agricultural land, damage to orchard trees or nursery stock or damage to apiaries or livestock.".

AB100-ASA1-AA8,111,17 534. Page 527, line 20: after that line insert:

AB100-ASA1-AA8,111,19 "2m. That the claim contains an estimate of the total wildlife damage that occurred, regardless of the amount that is eligible for payment under par. (d).".

AB100-ASA1-AA8,111,20 535. Page 528, line 1: delete "1.".

AB100-ASA1-AA8,111,23 536. Page 528, line 3: delete lines 3 and 4 and substitute "In calculating the amount to be paid for a claim, the department shall determine the amount as follows:".

AB100-ASA1-AA8,112,1 537. Page 528, line 5: before that line insert:

AB100-ASA1-AA8,112,3 "1. If the amount of the claim is $250 or less, the claimant will receive no payment.

AB100-ASA1-AA8,112,5 2. If the amount of claim is more than $250 but not more than $5,250, the claimant will be paid 100% of the amount of the claim that exceeds $250.

AB100-ASA1-AA8,112,8 3. If the amount of the claim is more than $5,250, the claimant will be paid the amount calculated under subd. 2., plus 80% of the amount of the claim that exceeds $5,250, subject to subd. 4.

AB100-ASA1-AA8,112,10 4. The total amount paid to a claimant under this paragraph may not exceed $15,000 for each claim.".

AB100-ASA1-AA8,112,11 538. Page 528, line 5: after "claims" insert "to the claimants".

AB100-ASA1-AA8,112,12 539. Page 528, line 5: delete "2." and substitute "(dm) Deadline for payment.".

AB100-ASA1-AA8,112,13 540. Page 528, line 13: after that line insert:

AB100-ASA1-AA8,112,19 "(am) Type of damage eligible. The type of wildlife damage that is eligible for wildlife damage abatement assistance shall be limited to damage to commercial seedings or crops growing on agricultural land, damage to crops that have been harvested for sale or further use but that have not been removed from the agricultural land, damage to orchard trees or nursery stock or damage to apiaries or livestock.".

AB100-ASA1-AA8,112,20 541. Page 529, line 15: after that line insert:

AB100-ASA1-AA8,112,24 "(am) Exemption. The requirements to allow hunting under par. (a) do not apply to a person seeking wildlife damage abatement assistance if the person does not have authority to control entry on the land that is subject to those requirements and if the damage on the land is damage to apiaries.".

AB100-ASA1-AA8,113,1 542. Page 533, line 7: delete "committee" and substitute "committees".

AB100-ASA1-AA8,113,2 543. Page 533, line 13: delete lines 13 to 15 and substitute:

AB100-ASA1-AA8,113,5 "29.60 (2g) (a) Subsections (1) and (2) do not apply to toxicants placed in the waters of a self-contained fish rearing facility or a state or municipal fish hatchery if the toxicants are necessary to the operation of the fish farm or fish hatchery.

AB100-ASA1-AA8,113,9 (b) Subsections (1) and (2) do 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 has issued a permit under s. 283.31 for the preexisting fish rearing facility.".

AB100-ASA1-AA8,113,10 544. Page 533, line 16: delete lines 16 to 24 and substitute:

AB100-ASA1-AA8,113,11 " Section 1139tm. 29.62 (1) of the statutes is amended to read:

AB100-ASA1-AA8,113,15 29.62 (1) The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state, other than waters in a self-contained fish rearing facility or in a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water.

AB100-ASA1-AA8, s. 1139um Section 1139um. 29.623 of the statutes is renumbered 29.623 (1).

AB100-ASA1-AA8, s. 1139ur Section 1139ur. 29.623 (2) of the statutes is created to read:

AB100-ASA1-AA8,113,20 29.623 (2) Subsection (1) does not authorize the department to remove fish from a self-contained fish rearing facility or from a preexisting fish rearing facility that is an artificial body of water unless one or more of the following apply:

AB100-ASA1-AA8,113,24 (a) The fish are of a species that is not native to this state and the department determines that having the fish in that particular self-contained fish rearing facility or preexisting fish rearing facility poses a risk of being detrimental to the waters of the state.

AB100-ASA1-AA8,114,3 (b) The department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish to address a problem affecting fish health.".

AB100-ASA1-AA8,114,4 545. Page 534, line 20: after that line insert:

AB100-ASA1-AA8,114,6 " Section 1139x. 30.1255 (1) (intro.) and (a) of the statutes are consolidated, renumbered 30.1255 (1) and amended to read:

AB100-ASA1-AA8,114,11 30.1255 (1) (title) Definitions Definition. In this section: (a) "Aquatic, "aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters or that threatens a commercial, agricultural, aquacultural or recreational activity dependent on infested waters.

AB100-ASA1-AA8, s. 1139y Section 1139y. 30.1255 (1) (b) of the statutes is repealed.

AB100-ASA1-AA8, s. 1139z Section 1139z. 30.1255 (2) of the statutes is repealed.

AB100-ASA1-AA8, s. 1139zb Section 1139zb. 30.1255 (3) (a) (intro.) of the statutes is amended to read: