SB413: Bill Text

LRB-3381/5

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2003 - 2004 LEGISLATURE

2003 Senate BILL 413

January 28, 2004 - Introduced by Senators Robson, Schultz, Breske, Chvala, Cowles, Lassa, Risser and Roessler, cosponsored by Representatives Gunderson, Richards, Albers, Berceau, Freese, Gronemus, Hahn, Hebl, Hines, Kestell, Krawczyk, J. Lehman, M. Lehman, Miller, Molepske, Musser, Ott, Plouff, Pocan, Schneider, Van Roy and Vrakas. Referred to Committee on Environment and Natural Resources.

SB413,1,4 An Act to create 29.426, 29.971 (15), 95.60 (9) and 95.99 (4) of the statutes; relating to: regulating the release, possession, storage, transportation, sale, and control of certain invasive nonnative aquatic species, granting rule-making authority, and providing penalties.

Analysis by the Legislative Reference Bureau

This bill prohibits any person from releasing, possessing, controlling, storing, selling, or transporting certain live invasive nonnative aquatic species, including alewife, Asian carp, snakeheads, and sea lampreys. The bill gives the Department of Natural Resources (DNR) authority to add other invasive nonnative aquatic species to that list by rule and the authority to allow the release, possession, control, storage, or transportation of these species for educational or scientific research or for other purposes as determined by rule. Under the bill, DNR is given authority to enter any place where aquatic species are located; to review records regarding aquatic species; to inspect places, boats, or vehicles where aquatic species are kept; and to seize and destroy invasive nonnative aquatic species.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB413, s. 1 Section 1. 29.426 of the statutes is created to read:

SB413,2,5 29.426 Possession of certain invasive nonnative aquatic species. (1) Except as provided in sub. (4), no person may possess, control, store, offer for sale, or transport any of the following live invasive nonnative aquatic species or their viable eggs or offspring:

SB413,2,6 (a) Alewife (Alosa pseudoharengus).

SB413,2,9 (b) Asian carp, including bighead (Hypophthalmichthys nobilis), black (Mylopharyngodon piceus), grass (Ctenopharyngodon idella), and silver carp (Hypopthalmichthys molitrix).

SB413,2,10 (c) Eastern mosquitofish (Gambusia holbrooki).

SB413,2,11 (e) Ide (Leuciscus idus).

SB413,2,12 (h) Rainbow smelt (Osmerus mordax).

SB413,2,13 (i) Red shiner (Cyprinella lutrensis).

SB413,2,14 (j) Round goby (Neogobius melanostomus).

SB413,2,15 (k) Rudd (Scardinius erythrophthalmus).

SB413,2,16 (L) Ruffe (Gymnocephalus cernuus).

SB413,2,17 (m) Sea lamprey (Petromyzon marinus).

SB413,2,18 (n) Snakehead (all species of the family Channidae).

SB413,2,19 (o) Swamp eel (all species of the family Synbranchidae).

SB413,2,20 (p) Tench (Tinca tinca).

SB413,2,21 (q) Three-spine stickleback (Gasterosteus aculeatus).

SB413,2,22 (v) Tubenose goby (Proterorhinus marmoratus).

SB413,2,23 (w) Western mosquitofish (Gambusia affinis).

SB413,2,24 (x) White perch (Morone americana).

SB413,2,25 (y) Zander (Sander lucioperca).

SB413,3,4 (2) No person may release any live invasive nonnative aquatic species listed under sub. (1) or designated under sub. (3), or its viable eggs or offspring, into the waters of the state or into the waters of a fish farm, as defined in s. 95.001 (1) (aj), except as approved by the department.

SB413,3,8 (3) The department of natural resources shall, in consultation with the department of agriculture, trade and consumer protection, designate by rule other live invasive nonnative aquatic species that no person may possess, control, store, offer for sale or transport.

SB413,3,12 (4) A person may possess, control, store, offer for sale, or transport a live invasive nonnative aquatic species listed under sub. (1) or designated under sub. (3) or its viable eggs or offspring that is used for educational purposes or scientific research if approved by the department or for other uses as established by rule.

SB413,3,18 (5) (a) Except for fish farms registered under s. 95.60 (3m), to enforce this section, a warden or a representative of the department, upon presentation of his or her credentials to a person involved in the possession, control, storage, sale, or transportation of an aquatic species, including a bait dealer, a person operating a vehicle or boat for that person, or an employee or agent acting on behalf of that person, may do all of the following:

SB413,3,22 1. Enter any building or structure where an aquatic species is stored, processed, packed, or held, where the person's records or reports are kept, where the vehicles, boats, equipment, or materials used in the person's business are located, or where activities related to the person's business are conducted.

SB413,3,23 2. Enter any vehicle or boat used to transport or hold the aquatic species.

SB413,4,3 3. Inspect any aquatic species in the possession of the person, records or reports of the person, and buildings, structures, vehicles, boats, equipment, and materials related to the person's business.

SB413,4,5 4. Take reasonable diagnostic samples of an aquatic species for biological examination.

SB413,4,7 5. Seize and dispose of any live invasive nonnative aquatic species listed under sub. (1) or designated under sub. (3), or its viable eggs or offspring.

SB413,4,9 (b) No person may prohibit entry, prohibit an inspection to be conducted, or fail to produce all of the records or reports requested under this subsection.

SB413, s. 2 Section 2. 29.971 (15) of the statutes is created to read:

SB413,4,12 29.971 (15) (a) For the violation of s. 29.426 (1), (3), or (5) (b), by a forfeiture of not less than $500 nor more than $5,000.

SB413,4,19 (b) For the violation of s. 29.426 (2), by a forfeiture of not less that $500 nor more than $5,000. In addition, the court may order a person who is convicted of a violation under sub. (2) to restore any natural resource damaged by the violation, to pay any costs related to the removal of the species, eggs, or offspring, to pay any costs resulting from the violation, and to take other appropriate action or pay for any action necessary to eliminate or minimize any environmental damage caused by the violation.

SB413, s. 3 Section 3. 95.60 (9) of the statutes is created to read:

SB413,4,25 95.60 (9) (a) To enforce s. 29.426, a representative of the department, upon presentation of his or her credentials to a person involved in the possession, control, storage, sale, or transportation of an aquatic species at a fish farm, to a person operating a vehicle or boat for that person, or to an employee or agent acting on behalf of that person, may do all of the following:

SB413,5,4 1. Enter any building or structure of a fish farm where an aquatic species is stored, processed, packed, or held, where the person's records or reports are kept, where the vehicles, boats, equipment, or materials used in the person's business are located, or where activities related to the person's business are conducted.

SB413,5,5 2. Enter any vehicle or boat used to transport or hold the aquatic species.

SB413,5,8 3. Inspect any aquatic species in the possession of the person, records or reports of the person, and buildings, structures, vehicles, boats, equipment, and materials related to the person's business.

SB413,5,10 4. Take reasonable diagnostic samples of an aquatic species for biological examination.