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:
AB100-ASA1-AA8,109,12 11"2. The fish have been certified by a qualified inspector to meet the fish health
12standards and requirements promulgated under s. 95.60 (4s) (b).".
AB100-ASA1-AA8,109,13 13523. Page 522, line 4: after that line insert:
AB100-ASA1-AA8,109,14 14"3. The fish is not a species of lake sturgeon.".
AB100-ASA1-AA8,109,15 15524. Page 522, line 9: delete lines 9 to 12 and substitute:
AB100-ASA1-AA8,109,18 16"(3) (a) The department may not introduce, stock or plant any fish in the waters
17of the state unless the fish have been certified by a qualified inspector to meet the
18fish health standards and requirements promulgated under s. 95.60 (4s) (b).".
AB100-ASA1-AA8,109,19 19525. Page 522, line 15: delete lines 15 to 17 and substitute:
AB100-ASA1-AA8,109,23 20"(a) Shall accept the certification by a qualified inspector that the fish meet the
21fish health standards and requirements promulgated under s. 95.60 (4s) (b) and may
22not require that any additional testing, inspection or investigation be performed
23concerning the health of the fish.".
AB100-ASA1-AA8,109,24 24526. Page 523, line 10: delete lines 10 to 15 and substitute:
AB100-ASA1-AA8,110,2
1" Section 1124mn. 29.535 (1) (f) of the statutes is renumbered 29.51 (3m) (a)
2and amended to read:
AB100-ASA1-AA8,110,53 29.51 (3m) (a) The department may seize or destroy, or both, any fish or spawn
4thereof
, or any fish eggs, found to be infected with any disease organisms as are
5designated by the department.".
AB100-ASA1-AA8,110,6 6527. Page 524, line 1: delete lines 1 to 14 and substitute:
AB100-ASA1-AA8,110,20 7"29.53 (5) This The requirement of being issued a permit under this section
8shall not apply to civic organizations, organizations operating newspapers or
9television stations or promoters of sport shows when and in connection with publicly
10showing or exhibiting or, giving demonstrations with brook, brown or rainbow trout
11or providing fishing of fish for periods of not to exceed 10 days. Brook, brown or
12rainbow trout
if the fish are placed in a tank or an artificially constructed pond that
13is a self-contained body of water. Fish
used for such purposes shall be obtained only
14from resident Class A or Class B private fish hatchery operators licensed under s.
1529.52 (4). Such private fish hatchery operators shall keep a record of all brook, brown
16or rainbow trout introduced in or delivered for introduction in any public waters and
17shall make a report of such introduction or delivery for such introduction to the
18department on or before December 31 of each year on forms furnished by the
19department
have been certified by a qualified inspector to meet the fish health
20standards and requirements promulgated under s. 95.60 (4s) (b)
.".
AB100-ASA1-AA8,110,21 21528. Page 524, line 15: delete lines 15 to 18.
AB100-ASA1-AA8,110,22 22529. Page 526, line 2: after that line insert:
AB100-ASA1-AA8,110,23 23" Section 1139p. 29.595 of the statutes is created to read:
AB100-ASA1-AA8,111,4
129.595 Wildlife control in urban communities. (1) The department shall
2establish a program to award matching grants to urban communities for up to 50%
3of the costs for projects to plan wildlife abatement measures or to engage in wildlife
4control efforts or both.
AB100-ASA1-AA8,111,5 5(2) A grant awarded under this section may not exceed $5,000.
AB100-ASA1-AA8,111,7 6(3) The department shall promulgate rules establishing criteria for awarding
7grants under this section.".
AB100-ASA1-AA8,111,8 8530. Page 526, line 5: delete "to crops on agricultural".
AB100-ASA1-AA8,111,9 9531. Page 526, line 6: delete that line.
AB100-ASA1-AA8,111,10 10532. Page 527, line 1: substitute "Certification" for " Rules; certification".
AB100-ASA1-AA8,111,11 11533. Page 527, line 8: after that line insert:
AB100-ASA1-AA8,111,16 12"(am) Type of damage eligible. The type of wildlife damage that is eligible for
13wildlife damage claim payments shall be limited to damage to commercial seedings
14or crops growing on agricultural land, damage to crops that have been harvested for
15sale or further use but that have not been removed from the agricultural land,
16damage to orchard trees or nursery stock or damage to apiaries or livestock.".
AB100-ASA1-AA8,111,17 17534. Page 527, line 20: after that line insert:
AB100-ASA1-AA8,111,19 18"2m. That the claim contains an estimate of the total wildlife damage that
19occurred, regardless of the amount that is eligible for payment under par. (d).".
AB100-ASA1-AA8,111,23 21536. Page 528, line 3: delete lines 3 and 4 and substitute "In calculating the
22amount to be paid for a claim, the department shall determine the amount as
23follows:".
AB100-ASA1-AA8,112,1
1537. Page 528, line 5: before that line insert:
AB100-ASA1-AA8,112,3 2"1. If the amount of the claim is $250 or less, the claimant will receive no
3payment.
AB100-ASA1-AA8,112,54 2. If the amount of claim is more than $250 but not more than $5,250, the
5claimant will be paid 100% of the amount of the claim that exceeds $250.
AB100-ASA1-AA8,112,86 3. If the amount of the claim is more than $5,250, the claimant will be paid the
7amount calculated under subd. 2., plus 80% of the amount of the claim that exceeds
8$5,250, subject to subd. 4.
AB100-ASA1-AA8,112,109 4. The total amount paid to a claimant under this paragraph may not exceed
10$15,000 for each claim.".
AB100-ASA1-AA8,112,11 11538. Page 528, line 5: after "claims" insert "to the claimants".
AB100-ASA1-AA8,112,12 12539. Page 528, line 5: delete "2." and substitute "(dm) Deadline for payment.".
AB100-ASA1-AA8,112,13 13540. Page 528, line 13: after that line insert:
AB100-ASA1-AA8,112,19 14"(am) Type of damage eligible. The type of wildlife damage that is eligible for
15wildlife damage abatement assistance shall be limited to damage to commercial
16seedings or crops growing on agricultural land, damage to crops that have been
17harvested for sale or further use but that have not been removed from the
18agricultural land, damage to orchard trees or nursery stock or damage to apiaries or
19livestock.".
AB100-ASA1-AA8,112,20 20541. Page 529, line 15: after that line insert:
AB100-ASA1-AA8,112,24 21"(am) Exemption. The requirements to allow hunting under par. (a) do not
22apply to a person seeking wildlife damage abatement assistance if the person does
23not have authority to control entry on the land that is subject to those requirements
24and if the damage on the land is damage to apiaries.".
AB100-ASA1-AA8,113,1
1542. Page 533, line 7: delete "committee" and substitute "committees".
AB100-ASA1-AA8,113,2 2543. Page 533, line 13: delete lines 13 to 15 and substitute:
AB100-ASA1-AA8,113,5 3"29.60 (2g) (a) Subsections (1) and (2) do not apply to toxicants placed in the
4waters of a self-contained fish rearing facility or a state or municipal fish hatchery
5if the toxicants are necessary to the operation of the fish farm or fish hatchery.
AB100-ASA1-AA8,113,96 (b) Subsections (1) and (2) do not apply to toxicants placed in the waters of a
7preexisting fish rearing facility that is an artificial body of water if the toxicants are
8necessary to the operation of the fish farm and the department has issued a permit
9under s. 283.31 for the preexisting fish rearing facility.".
AB100-ASA1-AA8,113,10 10544. Page 533, line 16: delete lines 16 to 24 and substitute:
AB100-ASA1-AA8,113,11 11" Section 1139tm. 29.62 (1) of the statutes is amended to read:
AB100-ASA1-AA8,113,1512 29.62 (1) The department may take rough fish by means of seines, nets or other
13devices, or cause rough fish to be taken, from any of the waters of this state, other
14than waters in a self-contained fish rearing facility or in a preexisting fish rearing
15facility that is barrier equipped and that is an artificial body of water
.
AB100-ASA1-AA8, s. 1139um 16Section 1139um. 29.623 of the statutes is renumbered 29.623 (1).
AB100-ASA1-AA8, s. 1139ur 17Section 1139ur. 29.623 (2) of the statutes is created to read:
AB100-ASA1-AA8,113,2018 29.623 (2) Subsection (1) does not authorize the department to remove fish
19from a self-contained fish rearing facility or from a preexisting fish rearing facility
20that is an artificial body of water unless one or more of the following apply:
AB100-ASA1-AA8,113,2421 (a) The fish are of a species that is not native to this state and the department
22determines that having the fish in that particular self-contained fish rearing facility
23or preexisting fish rearing facility poses a risk of being detrimental to the waters of
24the state.
AB100-ASA1-AA8,114,3
1(b) The department of agriculture, trade and consumer protection has
2requested that the department of natural resources remove the fish to address a
3problem affecting fish health.".
AB100-ASA1-AA8,114,4 4545. Page 534, line 20: after that line insert:
AB100-ASA1-AA8,114,6 5" Section 1139x. 30.1255 (1) (intro.) and (a) of the statutes are consolidated,
6renumbered 30.1255 (1) and amended to read:
AB100-ASA1-AA8,114,117 30.1255 (1) (title) Definitions Definition. In this section: (a) "Aquatic,
8"aquatic
nuisance species" means a nonindigenous species that threatens the
9diversity or abundance of native species or the ecological stability of infested waters
10or that threatens a commercial, agricultural, aquacultural or recreational activity
11dependent on infested waters.
AB100-ASA1-AA8, s. 1139y 12Section 1139y. 30.1255 (1) (b) of the statutes is repealed.
AB100-ASA1-AA8, s. 1139z 13Section 1139z. 30.1255 (2) of the statutes is repealed.
AB100-ASA1-AA8, s. 1139zb 14Section 1139zb. 30.1255 (3) (a) (intro.) of the statutes is amended to read:
AB100-ASA1-AA8,114,1615 30.1255 (3) (a) (intro.) After consulting with the council, the The department
16shall submit periodically to the legislature reports describing all of the following:".
AB100-ASA1-AA8,114,17 17546. Page 534, line 20: after that line insert:
AB100-ASA1-AA8,114,18 18" Section 1139w. 30.12 (4) (bn) of the statutes is created to read:
AB100-ASA1-AA8,114,2319 30.12 (4) (bn) Any interdepartmental liaison procedures established under par.
20(b) that relate to mitigation of wetland loss may not regulate or give priority to sites
21for the wetlands to be created or restored based on proximity of the sites to the
22wetlands to be lost except that the procedures may give priority to sites that are in
23the same watersheds or aquifers as are the wetlands to be lost.".
AB100-ASA1-AA8,114,24 24547. Page 534, line 20: after that line insert:
AB100-ASA1-AA8,115,1
1" Section 1139zm. 30.135 of the statutes is created to read:
AB100-ASA1-AA8,115,5 230.135 Regulation of water ski platforms and jumps. (1) When permit
3required.
(a) A riparian proprietor may place a water ski platform or water ski jump
4in a navigable waterway without obtaining a permit if all of the following
5requirements are met:
AB100-ASA1-AA8,115,76 1. The platform or jump does not interfere with public rights in navigable
7waters.
AB100-ASA1-AA8,115,98 2. The platform or jump does not interfere with rights of other riparian
9proprietors.
AB100-ASA1-AA8,115,1110 3. The platform or jump is located at a site that ensures adequate water depth
11and clearance for safe water skiing.
AB100-ASA1-AA8,115,1312 (b) If the department determines that any of the requirements under par. (a)
13are not met, the riparian owner shall submit a permit application to the department.
AB100-ASA1-AA8,115,24 14(2) Notice and hearing procedure. (a) Upon receipt of a complete permit
15application, the department shall either order a hearing or provide notice stating
16that it will proceed on the application without a hearing unless a substantive written
17objection to issuance of the permit is received within 30 days after publication of the
18notice. The department shall provide a copy of the notice to the applicant for the
19permit, the clerk of each municipality in which the water ski platform or water ski
20jump is to be located and to any other person required by law to receive notice. The
21department may provide notice to other persons as it considers appropriate. The
22applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper
23designated by the department that is likely to give notice in the area affected. The
24applicant shall file proof of publication with the department.
AB100-ASA1-AA8,116,4
1(b) If the department receives no substantive written objection to the permit
2and proceeds on the permit application without a hearing, the department shall
3approve or disapprove the permit within 5 days after the date that the 30-day period
4under par. (a) expires.
AB100-ASA1-AA8,116,145 (c) If the department orders a hearing on the permit application, the hearing
6shall be scheduled within 30 days after the date on which the department orders the
7hearing. The division of hearings and appeals shall mail copies of the written notice
8of the hearing at least 10 days before the hearing to each person provided the notice
9under par. (a). The division of hearings and appeals shall mail the copies at least 10
10days before the hearing except that it shall mail the copy to the applicant for the
11permit at least 20 days before the hearing. The applicant shall publish the notice as
12a class 1 notice under ch. 985 in a newspaper designated by the department that is
13likely to give notice in the area affected. The applicant shall file proof of the
14publication with the hearing examiner at or prior to the hearing.
Loading...
Loading...