Amendment AA8-ASA1-AB100

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:

AB100-ASA1-AA8,114,16 30.1255 (3) (a) (intro.) After consulting with the council, the The department shall submit periodically to the legislature reports describing all of the following:".

AB100-ASA1-AA8,114,17 546. Page 534, line 20: after that line insert:

AB100-ASA1-AA8,114,18 " Section 1139w. 30.12 (4) (bn) of the statutes is created to read:

AB100-ASA1-AA8,114,23 30.12 (4) (bn) Any interdepartmental liaison procedures established under par. (b) that relate to mitigation of wetland loss may not regulate or give priority to sites for the wetlands to be created or restored based on proximity of the sites to the wetlands to be lost except that the procedures may give priority to sites that are in the same watersheds or aquifers as are the wetlands to be lost.".

AB100-ASA1-AA8,114,24 547. Page 534, line 20: after that line insert:

AB100-ASA1-AA8,115,1 " Section 1139zm. 30.135 of the statutes is created to read:

AB100-ASA1-AA8,115,5 30.135 Regulation of water ski platforms and jumps. (1) When permit required. (a) A riparian proprietor may place a water ski platform or water ski jump in a navigable waterway without obtaining a permit if all of the following requirements are met:

AB100-ASA1-AA8,115,7 1. The platform or jump does not interfere with public rights in navigable waters.

AB100-ASA1-AA8,115,9 2. The platform or jump does not interfere with rights of other riparian proprietors.

AB100-ASA1-AA8,115,11 3. The platform or jump is located at a site that ensures adequate water depth and clearance for safe water skiing.

AB100-ASA1-AA8,115,13 (b) If the department determines that any of the requirements under par. (a) are not met, the riparian owner shall submit a permit application to the department.

AB100-ASA1-AA8,115,24 (2) Notice and hearing procedure. (a) Upon receipt of a complete permit application, the department shall either order a hearing or provide notice stating that it will proceed on the application without a hearing unless a substantive written objection to issuance of the permit is received within 30 days after publication of the notice. The department shall provide a copy of the notice to the applicant for the permit, the clerk of each municipality in which the water ski platform or water ski jump is to be located and to any other person required by law to receive notice. The department may provide notice to other persons as it considers appropriate. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.

AB100-ASA1-AA8,116,4 (b) If the department receives no substantive written objection to the permit and proceeds on the permit application without a hearing, the department shall approve or disapprove the permit within 5 days after the date that the 30-day period under par. (a) expires.

AB100-ASA1-AA8,116,14 (c) If the department orders a hearing on the permit application, the hearing shall be scheduled within 30 days after the date on which the department orders the hearing. The division of hearings and appeals shall mail copies of the written notice of the hearing at least 10 days before the hearing to each person provided the notice under par. (a). The division of hearings and appeals shall mail the copies at least 10 days before the hearing except that it shall mail the copy to the applicant for the permit at least 20 days before the hearing. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of the publication with the hearing examiner at or prior to the hearing.