AB100: Bill Text Engrossed

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

AB100-engrossed,569,9 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-engrossed,569,11 (2) A person applying for a permit under this section shall submit a written application to the department.

AB100-engrossed,569,13 (3) Subsections (1) and (2) do not apply to the importation of fish by the department.

AB100-engrossed,569,16 (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-engrossed, s. 1124e Section 1124e. 29.53 of the statutes is created to read:

AB100-engrossed,569,18 29.53 Stocking of fish. (1) In this section:

AB100-engrossed,569,19 (a) "Fish" includes fish eggs.

AB100-engrossed,569,21 (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-engrossed,569,24 (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-engrossed,570,2 (2) (a) No person may introduce, stock or plant any fish in the waters of the state unless all of the following apply:

AB100-engrossed,570,3 1. The person has a permit issued by the department.

AB100-engrossed,570,5 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-engrossed,570,6 3. The fish is not a species of lake sturgeon.

AB100-engrossed,570,8 (b) A person applying for a permit under this section shall submit a written application to the department.

AB100-engrossed,570,10 (c) This subsection does not apply to introduction, stocking or planting of fish by the department.

AB100-engrossed,570,13 (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-engrossed,570,15 (4) For the purposes of issuing permits under this section and for introducing, stocking or planting of fish by the department, the department:

AB100-engrossed,570,19 (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-engrossed,570,21 (b) May regulate the species of fish, the number of fish and the sites where the fish will be introduced, planted or stocked.

AB100-engrossed, s. 1124g Section 1124g. 29.535 (title) of the statutes is amended to read:

AB100-engrossed,570,23 29.535 (title) Introduction of wild animals other than fish.

AB100-engrossed, s. 1124h Section 1124h. 29.535 (1) (a) 1. of the statutes is amended to read:

AB100-engrossed,571,3 29.535 (1) (a) 1. Importing into the state any fish, spawn or any other wild animal other than fish or their eggs for the purpose of introducing, stocking or planting that fish, spawn or wild animal.

AB100-engrossed, s. 1124i Section 1124i. 29.535 (1) (a) 2. of the statutes is amended to read:

AB100-engrossed,571,6 29.535 (1) (a) 2. Introducing, stocking or planting any fish, spawn or other wild animal other than fish or their eggs.

AB100-engrossed, s. 1124j Section 1124j. 29.535 (1) (c) of the statutes is amended to read:

AB100-engrossed,571,10 29.535 (1) (c) Permits for introducing, stocking or planting under par. (a) 2. shall be issued by the department only after investigation and inspection of the fish, spawn or other wild animals as the department determines necessary.

AB100-engrossed, s. 1124k Section 1124k. 29.535 (1) (d) of the statutes is repealed.

AB100-engrossed, s. 1124L Section 1124L. 29.535 (1) (e) of the statutes is repealed.

AB100-engrossed, s. 1124mn Section 1124mn. 29.535 (1) (f) of the statutes is renumbered 29.51 (3m) (a) and amended to read:

AB100-engrossed,571,17 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-engrossed, s. 1124n Section 1124n. 29.535 (2) (a) of the statutes is amended to read:

AB100-engrossed,571,21 29.535 (2) (a) Importing into the state any fish, spawn or any other wild animal other than fish or their eggs for the purpose of introducing, stocking or planting that fish, spawn or wild animal.

AB100-engrossed, s. 1124p Section 1124p. 29.535 (2) (b) of the statutes is amended to read:

AB100-engrossed,571,24 29.535 (2) (b) Introducing, stocking or planting any fish, spawn or other wild animal other than fish or their eggs.

AB100-engrossed, s. 1124q Section 1124q. 29.535 (3) of the statutes is renumbered 29.53 (5) and amended to read:

AB100-engrossed,572,16 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-engrossed, s. 1126e Section 1126e. 29.55 (2m) of the statutes is amended to read:

AB100-engrossed,572,19 29.55 (2m) Subsections (1) and (2) do not apply to farm-raised deer or farm-raised fish.

AB100-engrossed, s. 1126m Section 1126m. 29.572 (1) of the statutes is amended to read:

AB100-engrossed,572,24 29.572 (1) No person shall cause, authorize or permit any lands or waters to be posted with signs of any kind indicating that such lands or waters are licensed under s. 29.52 or ss. 29.573 to 29.578 unless such lands and waters are in fact so licensed.

AB100-engrossed, s. 1138m Section 1138m. 29.585 (2) (a) of the statutes is amended to read:

AB100-engrossed,573,5 29.585 (2) (a) In this section, "wild animal" means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the statutes whether or not the mammal, fish or bird was bred or reared in captivity, but does not include deer of the genus dama, cervus or rangifer or farm-raised fish.

AB100-engrossed, s. 1139e Section 1139e. 29.59 (1) (f) of the statutes is amended to read:

AB100-engrossed,573,9 29.59 (1) (f) Notwithstanding s. 29.01 (14), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or farm-raised fish.

AB100-engrossed, s. 1139g Section 1139g. 29.59 (5) (a) of the statutes is amended to read:

AB100-engrossed,573,17 29.59 (5) (a) The department may refuse to investigate under sub. (3) (a) if the person making the complaint refuses to participate in any available accept or implement any wildlife damage abatement program administered measures offered by the department under s. 29.598 (4) or refuses to follow other reasonable abatement measures recommended by the department or by the county in which the property is located if the county participates in a wildlife damage abatement program.

AB100-engrossed, s. 1139m Section 1139m. 29.59 (5) (b) of the statutes is amended to read:

AB100-engrossed,573,23 29.59 (5) (b) Before taking action under sub. (3) (b) or (4), the department may require the person making the complaint to participate in accept or implement any available wildlife damage abatement program administered measures offered by the department under s. 29.598 (4) or to follow other reasonable abatement measures recommended by the department.

AB100-engrossed, s. 1139p Section 1139p. 29.595 of the statutes is created to read:

AB100-engrossed,574,4 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-engrossed,574,5 (2) A grant awarded under this section may not exceed $5,000.

AB100-engrossed,574,7 (3) The department shall promulgate rules establishing criteria for awarding grants under this section.

AB100-engrossed, s. 1139r Section 1139r. 29.598 of the statutes is repealed and recreated to read:

AB100-engrossed,574,11 29.598 Wildlife damage claim and abatement program. (1) Definition. In this section, "wildlife damage" means damage caused by any of the following noncaptive wild animals:

AB100-engrossed,574,12 (a) Deer.

AB100-engrossed,574,13 (b) Bear.

AB100-engrossed,574,14 (c) Geese.

AB100-engrossed,574,15 (d) Turkey.

AB100-engrossed,574,16 (e) Sandhill crane.

AB100-engrossed,574,17 (f) Coyote.

AB100-engrossed,574,19 (2) Department powers and duties. (a) Administration. The department shall administer the wildlife damage claim and abatement program.

AB100-engrossed,574,23 (b) Rules. To maximize the cost-effectiveness of the wildlife damage claim and abatement program, the department shall promulgate rules to establish eligibility requirements and funding requirements. The department shall also promulgate rules to establish all of the following:

AB100-engrossed,574,25 1. Authorized wildlife damage abatement measures and methods for implementing and paying for these abatement measures.

AB100-engrossed,575,1 2. Claim and application forms and procedures.

AB100-engrossed,575,2 3. Procedures and standards for damage estimates.

AB100-engrossed,575,3 4. A methodology for proration of payments for wildlife damage claims.

AB100-engrossed,575,4 5. Procedures for record keeping, audits and inspections.

AB100-engrossed,575,8 (c) Certification of wildlife damage estimators. The department shall establish and maintain a system for certifying wildlife damage estimators. The department shall establish training requirements and qualifications for wildlife damage estimators and shall provide or certify educational programs for this purpose.

AB100-engrossed,575,11 (3) Wildlife damage claims. (a) Persons eligible. An owner or lessee of land, a person who controls land or an owner of an apiary or livestock may submit a wildlife damage claim.

AB100-engrossed,575,16 (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-engrossed,575,17 (b) Claim requirements. A claimant under par. (a) shall do all of the following:

AB100-engrossed,575,18 1. Submit the claim on a claim form approved by the department.

AB100-engrossed,575,22 2. Obtain from a wildlife damage estimator certified under sub. (2) (c) an estimate of the wildlife damage and a certification as to whether the damaged crops, apiary or livestock were managed in accordance with normal agricultural practices and submit the certification and estimate with the claim form.

AB100-engrossed,575,24 (c) Eligibility requirements. The department shall approve a wildlife damage claim if it finds all of the following:

AB100-engrossed,576,2 1. That the wildlife damage estimator certifies that the crops, apiary or livestock were managed in accordance with normal agricultural practices.

AB100-engrossed,576,4 2. That the form, contents and timing of the claim comply with the requirements of this section and rules promulgated under this section.

AB100-engrossed,576,6 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-engrossed,576,8 3. That the claim was filed within 14 days after the time that the wildlife damage first occurred.

AB100-engrossed,576,10 4. That the claimant agrees to accept any wildlife damage abatement measures offered by the department under sub. (4) (c).

AB100-engrossed,576,14 (d) Payment of claims. The department shall pay wildlife damage claims based on the amount claimed if the claim meets all of the requirements of par. (c). In calculating the amount to be paid for a claim, the department shall determine the amount as follows:

AB100-engrossed,576,16 1. If the amount of the claim is $250 or less, the claimant will receive no payment.

AB100-engrossed,576,18 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-engrossed,576,21 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-engrossed,576,23 4. The total amount paid to a claimant under this paragraph may not exceed $15,000 for each claim.

AB100-engrossed,577,3 (dm) Deadline for payment. The department shall pay wildlife damage claims to the claimants no later than June 1 of the calendar year after the claim is submitted.

AB100-engrossed,577,7 (e) Proration. For a given fiscal year, if the total amount remaining under the appropriation under s. 20.370 (5) (fq) after making the payments required under sub. (4) is insufficient to pay the total amount payable in wildlife damage claims under par. (d), the department shall prorate the payments for the damage claims.

AB100-engrossed,577,10 (4) Wildlife damage abatement. (a) Persons eligible. An owner or lessee of land, a person who controls land or an apiary or livestock owner is eligible for wildlife damage abatement assistance under this subsection.