Amendment AA1-ASA1-SB55

SB55-ASA1-AA1, s. 1184e Section 1184e. 29.503 (6) (b) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,333,15 29.503 (6) (b) (intro.) Inspection authority; entry; inspection. For the purpose of enforcing this subsection, a conservation warden or a representative of the department, upon presentation of his or her credentials to a wholesale fish dealer, a person operating a vehicle or boat for a wholesale fish dealer or an employee or person acting on behalf of a wholesale fish dealer, is authorized during any time when business is being conducted on the premises:

SB55-ASA1-AA1, s. 1184g Section 1184g. 29.506 (7) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,333,19 29.506 (7) (a) Departmental authority; limitations. (intro.) A conservation warden may enter a taxidermist's place of business for inspection purposes as provided under par. (b) only:

SB55-ASA1-AA1, s. 1184j Section 1184j. 29.506 (7) (b) of the statutes is amended to read:

SB55-ASA1-AA1,334,2 29.506 (7) (b) Items subject to inspection. All records required under subs. (5) (b) and (6) or related to the taxidermist's business are subject to departmental inspection as provided under par. (a). A taxidermist or an employee or agent of the taxidermist shall cooperate with and exhibit items subject to inspection to a conservation warden or any other agent of the department.

SB55-ASA1-AA1, s. 1184m Section 1184m. 29.519 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,334,8 29.519 (4) (b) Each member of a crew engaged in the setting, lifting or pulling of nets or other devices set under authority of a commercial fishing license shall carry the crew license on his or her person while so engaged and upon demand of any conservation warden shall exhibit the license. Persons using minnow seines and dip nets used for taking smelt and minnows are exempt from this subsection.

SB55-ASA1-AA1, s. 1184n Section 1184n. 29.519 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,334,24 29.519 (4) (c) In case of illness or unavailability for good cause of a licensed crew member, an unlicensed person may work on a commercial fishing operation for a period not to exceed 48 hours under a temporary crew identification card, after which time he or she must obtain a crew license to engage in commercial fishing operations. Temporary crew identification cards shall be issued by the department to commercial fishing licensees for use as provided in this paragraph. Prior to use, the commercial licensee shall indicate on the temporary crew identification card the license number and name of the commercial fisher for whom the crew member will be working, the time and date the crew member commences work under the card and the crew member's name, address, description and his or her signature. The card shall be presented, upon request, to a conservation warden and must be in the possession of the crew member at all times while engaged in commercial fishing operations. The commercial fisher issuing the temporary crew identification card to an unlicensed person shall submit the card to the department with the commercial catch report submitted for the period in which work conducted under the card was performed.

SB55-ASA1-AA1, s. 1184p Section 1184p. 29.519 (6) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,335,4 29.519 (6) Inspection. (intro.) For purposes of enforcement of this section, conservation wardens or department employees duly authorized and designated by the secretary, upon presenting appropriate credentials to the licensee or agent in charge, are authorized:

SB55-ASA1-AA1, s. 1184r Section 1184r. 29.537 (6) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,335,9 29.537 (6) (a) (intro.) Except as provided in par. (d), for purposes of enforcement of this section, conservation wardens or department employees authorized and designated by the secretary, upon presenting appropriate credentials to the licensee or agent in charge, are authorized to do all of the following:

SB55-ASA1-AA1, s. 1184t Section 1184t. 29.556 (3) of the statutes is amended to read:

SB55-ASA1-AA1,335,12 29.556 (3) Any fees collected under this section by the department shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (hw).".

SB55-ASA1-AA1,335,13 643. Page 488, line 17: after that line insert:

SB55-ASA1-AA1,335,14 " Section 1184m. 29.519 (2) (e) of the statutes is created to read:

SB55-ASA1-AA1,335,21 29.519 (2) (e) Retention of licenses. 1. A commercial fishing licensee who is authorized under the license to conduct commercial fishing operations in the waters of Green Bay may retain the license without conducting any commercial fishing operations as authorized under the license for one period of up to 7 consecutive years. During this period, the commercial fishing licensee may not be required to transfer the license, may not be required to invest in any fishing gear or equipment, and is exempt from paying the applicable fees for the license under s. 29.563.

SB55-ASA1-AA1,336,2 2. A commercial fishing licensee who conducts commercial fishing operations as authorized under the license in the waters of Green Bay may choose for one period of up to 7 consecutive years to be exempt from any minimum requirement on the amount of fish harvested that is established by the department and that applies to the licensee.".

SB55-ASA1-AA1,336,3 644. Page 488, line 20: after that line insert:

SB55-ASA1-AA1,336,4 " Section 1195m. 29.564 (2) of the statutes is amended to read:

SB55-ASA1-AA1,336,6 29.564 (2) All moneys collected under sub. (1) shall be deposited into the account under s. 20.370 (3) (1) (is).".

SB55-ASA1-AA1,336,7 645. Page 490, line 5: after that line insert:

SB55-ASA1-AA1,336,8 " Section 1199g. 29.601 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,336,16 29.601 (3) (b) Paragraph (a) does not apply to authorized drainage and sewage from municipalities and industrial or other wastes discharged from mines or commercial or industrial or ore processing plants or operations, through treatment and disposal facilities installed and operated in accordance with plans submitted to and approved by the department of environmental management under chs. 281, 285 or 289 to 299, except s. 281.48, or in compliance with orders of the department of environmental management. Any order is subject to modification by subsequent orders.

SB55-ASA1-AA1, s. 1199m Section 1199m. 29.601 (4) of the statutes is amended to read:

SB55-ASA1-AA1,336,24 29.601 (4) Use of pesticides. The department of natural resources fish, wildlife, parks, and forestry, after public hearing, may promulgate rules governing the use of any pesticide which it finds is a serious hazard to wild animals other than those it is intended to control, and the making of reports about the pesticide. In promulgating the rules, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. "Pesticide" has the meaning given in s. 94.67.

SB55-ASA1-AA1, s. 1199r Section 1199r. 29.601 (5) (b) 2. of the statutes is amended to read:

SB55-ASA1-AA1,337,6 29.601 (5) (b) 2. This section does 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 of environmental management has issued a permit under s. 283.31 for the preexisting fish rearing facility.".

SB55-ASA1-AA1,337,7 646. Page 490, line 5: after that line insert:

SB55-ASA1-AA1,337,8 " Section 1197hm. 29.591 (3) of the statutes is amended to read:

SB55-ASA1-AA1,337,19 29.591 (3) Instruction fee. The department shall establish by rule the may not charge a fee for the course of instruction under the hunter education program and the bow hunter education program. The instructor shall collect this instruction fee from each person who receives instruction under the hunter education program and the bow hunter education program and remit the fee to the department. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the course. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department may reimburse instructors for allowable costs, as determined by the department, up to $5 for each person who receives instruction from that instructor.".

SB55-ASA1-AA1,337,20 647. Page 490, line 10: after that line insert:

SB55-ASA1-AA1,337,22 " Section 1200b. 29.604 (2) (am) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,338,2 29.604 (2) (am) "State agency" means a board, commission, committee, department or office in the state government or the Fox River Navigational System Authority. "State agency" does not include the department of natural resources fish, wildlife, parks, and forestry or the office of the governor.

SB55-ASA1-AA1, s. 1200g Section 1200g. 29.604 (6r) (c) of the statutes is amended to read:

SB55-ASA1-AA1,338,12 29.604 (6r) (c) The department shall notify the state agency if the department determines that there is reasonable cause for the department to determine that an activity by the state agency is not being carried out in compliance with this subsection or with any environmental protection requirements developed through interagency consultation procedures. If the secretary of natural resources fish, wildlife, parks, and forestry and the head, as defined in s. 15.01 (8), of the state agency are unable to agree upon methods or time schedules to be used to correct the alleged noncompliance, the department may bring any action or initiate any other proceedings to enforce compliance with this subsection.

SB55-ASA1-AA1, s. 1201m Section 1201m. 29.705 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,338,20 29.705 (4) (b) Paragraph (a) does not authorize the department of natural resources fish, wildlife, parks, and forestry to remove fish or fish eggs from a self-contained fish rearing facility or from a preexisting fish rearing facility that is an artificial body of water unless the department of agriculture, trade and consumer protection has requested that the department of natural resources fish, wildlife, parks, and forestry remove the fish or fish eggs to address a problem affecting fish health.".

SB55-ASA1-AA1,338,21 648. Page 490, line 17: after that line insert:

SB55-ASA1-AA1,338,23 " Section 1225m. 29.89 (1) (intro.) and (a) of the statutes are consolidated, renumbered 29.89 (1) and amended to read:

SB55-ASA1-AA1,339,4 29.89 (1) Definitions. In this section:, (a) "Charitable "charitable organization" means a nonprofit corporation, charitable trust or other nonprofit association that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from taxation under section 501 (a) of the Internal Revenue Code.

SB55-ASA1-AA1, s. 1225r Section 1225r. 29.89 (1) (b) of the statutes is repealed.".

SB55-ASA1-AA1,339,6 649. Page 490, line 24: after that line insert:

SB55-ASA1-AA1,339,7 " Section 1228b. 29.89 (3) (c) of the statutes is repealed.".

SB55-ASA1-AA1,339,8 650. Page 491, line 19: after that line insert:

SB55-ASA1-AA1,339,9 " Section 1235b. 29.921 (7) of the statutes is amended to read:

SB55-ASA1-AA1,339,13 29.921 (7) Dogs injuring wildlife. A conservation warden may kill a dog found running, injuring, causing injury to, or killing, any deer, other than farm-raised deer, or destroying game birds, their eggs or nests, if immediate action is necessary to protect the deer or game birds, their nests or eggs, from injury or death.

SB55-ASA1-AA1, s. 1235m Section 1235m. 29.924 (2) of the statutes is amended to read:

SB55-ASA1-AA1,339,24 29.924 (2) Driving without headlights. In the performance of their law enforcement duties, conservation wardens may operate motor vehicles owned or leased by the department upon a highway, other than an interstate, a state trunk highway or any highway within the limits of any incorporated area, during hours of darkness without lighted headlamps, tail lamps or clearance lamps, contrary to s. 347.06, if the driving will aid in the accomplishment of a lawful arrest for violation of this chapter or in ascertaining whether a violation of this chapter has been or is about to be committed. Any civil action or proceeding brought against any conservation warden operating a motor vehicle under this subsection is subject to ss. 893.82 and 895.46.

SB55-ASA1-AA1, s. 1236g Section 1236g. 29.931 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,340,13 29.931 (2) (a) The department and its conservation wardens shall seize and hold, subject to the order of the court for the county in which the alleged offense was committed, any vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.

SB55-ASA1-AA1, s. 1237g Section 1237g. 29.944 of the statutes is amended to read:

SB55-ASA1-AA1,340,20 29.944 Exemption from liability. Members of the natural resources fish, wildlife, parks, and forestry board, and each conservation warden, in the performance of official duties, are exempt from liability to any person for acts done or permitted or property destroyed by authority of law. No taxable costs or attorney fees shall be allowed to either party in an action against a member of the natural resources fish, wildlife, parks, and forestry board or a conservation warden.

SB55-ASA1-AA1, s. 1237m Section 1237m. 29.951 of the statutes is amended to read:

SB55-ASA1-AA1,340,24 29.951 Resisting a conservation warden. Any person who assaults or otherwise resists or obstructs any conservation warden in the performance of duty shall be subject to the penalty specified in s. 939.51 (3) (a).

SB55-ASA1-AA1, s. 1237r Section 1237r. 29.954 of the statutes is amended to read:

SB55-ASA1-AA1,341,4 29.954 False impersonation of conservation warden. Any person who falsely represents himself or herself to be a conservation warden or who assumes to act as a conservation warden without having been first duly appointed shall be subject to the penalty specified in s. 939.51 (3) (a).".

SB55-ASA1-AA1,341,5 651. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,341,7 " Section 1240g. 30.10 (4) (d) of the statutes is renumbered 30.10 (4) (d) 2. and amended to read:

SB55-ASA1-AA1,341,13 30.10 (4) (d) 2. A drainage district drain located in the Duck Creek Drainage District and operated by the board for that district or any other drainage district drain that is used primarily for agricultural purposes is not navigable unless it is shown, by means of a U.S. geological survey map or other similarly reliable scientific evidence, that the drain was a navigable stream before it became a drainage district drain.

SB55-ASA1-AA1, s. 1240r Section 1240r. 30.10 (4) (d) 1. of the statutes is created to read:

SB55-ASA1-AA1,341,16 30.10 (4) (d) 1. In this paragraph, "agricultural purposes" has the meaning given in s. 29.181 (1b) (a).".

SB55-ASA1-AA1,341,17 652. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,341,18 " Section 1245g. 29.987 (2) of the statutes is amended to read:

SB55-ASA1-AA1,341,21 29.987 (2) Use of natural resources assessment funds. All moneys collected from natural resources assessments shall be credited to the appropriation under s. 20.370 (3) (mu) (1) (pu).

SB55-ASA1-AA1, s. 1245r Section 1245r. 29.989 (2) of the statutes is amended to read:

SB55-ASA1-AA1,342,3 29.989 (2) Use of natural resources restitution payment funds. All moneys collected from natural resources restitution payments shall be appropriated for use under s. 20.370 (3) (mu) (1) (pu).

SB55-ASA1-AA1, s. 1246c Section 1246c. 30.01 (title) of the statutes is amended to read:

SB55-ASA1-AA1,342,5 30.01 (title) Definitions for chapter.

SB55-ASA1-AA1, s. 1246f Section 1246f. 30.01 (1j) of the statutes is repealed.

SB55-ASA1-AA1, s. 1246h Section 1246h. 30.01 (6) of the statutes is repealed.

SB55-ASA1-AA1, s. 1246j Section 1246j. 30.015 of the statutes is created to read:

SB55-ASA1-AA1,342,9 30.015 Definitions for subchapters I to III. (1) In subchs. I to III:

SB55-ASA1-AA1,342,10 (a) "Department" means the department of environmental management.

SB55-ASA1-AA1,342,11 (b) "Secretary" means the secretary of environmental management.

SB55-ASA1-AA1, s. 1246m Section 1246m. 30.02 (1) of the statutes is amended to read:

SB55-ASA1-AA1,342,15 30.02 (1) In any proceeding under this chapter where subchs. I to III in which public notice is required, the department shall follow the procedures in subs. (3) and (4).

SB55-ASA1-AA1, s. 1246p Section 1246p. 30.02 (2) of the statutes is amended to read:

SB55-ASA1-AA1,342,20 30.02 (2) In any proceeding under this chapter where subchs. I to III in which public notice is not required, the department shall follow the procedures in subs. (3) and (4) if it determines that substantial interests of any party may be adversely affected by the proceeding.

SB55-ASA1-AA1, s. 1246r Section 1246r. 30.03 (2) of the statutes is amended to read:

SB55-ASA1-AA1,343,3 30.03 (2) The district attorney of the appropriate county or, at the request of the department of environmental management, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter subchs. I to III or ch. 31. The district attorney or, at the request of the department of fish, wildlife, parks, and forestry, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under subchs. IV or V.".

SB55-ASA1-AA1,343,4 653. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,343,5 " Section 1245g. 30.015 of the statutes is created to read:

SB55-ASA1-AA1,343,20 30.015 Time limits for issuing permit determinations. In issuing permits under this chapter, the department shall initially determine whether a complete application for the permit has been submitted and, no later than 30 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the project for which the application has been submitted.

SB55-ASA1-AA1, s. 1245p Section 1245p. 30.02 (3) of the statutes is amended to read:

SB55-ASA1-AA1,344,10 30.02 (3) Upon receipt of a complete permit application or a request for a determination under s. 236.16 (3) (d), the department shall either schedule a public hearing to be held within 30 days after receipt of the application or request or provide notice stating that it will proceed on the application or request without a public hearing if, within 30 days after the publication of the notice, no substantive written objection to issuance of the permit is received or no request for a hearing concerning the determination under s. 236.16 (3) (d) is received. The notice shall be provided to the clerk of each municipality in which the project is located and to any other person required by law to receive notice. The department may provide notice to other persons as it deems appropriate. The department shall provide a copy of the notice to the applicant, who shall publish it 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.

SB55-ASA1-AA1, s. 1245r Section 1245r. 30.02 (4) (a) of the statutes is amended to read: