LRB-0834/1
RNK:lmk&wlj:jf
2005 - 2006 LEGISLATURE
June 14, 2005 - Introduced by Representatives Suder, Musser, Freese, Hines,
Kreibich, Hahn, Gronemus, Townsend and Gunderson, cosponsored by
Senators Zien and Breske. Referred to Committee on Natural Resources.
AB490,1,2
1An Act to create 29.701 (4) of the statutes;
relating to: damage to fish farms
2caused by otters.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Agriculture, Trade and Consumer
Protection regulates fish farms. A fish farm is a facility at which a person hatches
fish eggs or rears fish for various purposes including for introduction into the waters
of this state or for human consumption.
This bill authorizes an operator of a registered fish farm, or the operator's
employee, to capture or kill any otter on the fish farm that causes damage to the fish
farm. The bill authorizes the operator or operator's employee to capture or kill the
otter without obtaining a license or permit from the Department of Natural
Resources (DNR). The bill also provides that upon the request of the fish farm
operator, DNR must reimburse the operator for any damage caused by the otter to
the fish farm, including damage to fish or fish eggs. Under the bill, the amount of
reimbursement is determined by agreement between DNR and the fish farm
operator.
For further information see the state 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:
AB490, s. 1
1Section
1. 29.701 (4) of the statutes is created to read:
AB490,2,52
29.701
(4) (a) An operator of a fish farm registered under s. 95.60, or an
3employee of the operator, may capture or kill any otter on the fish farm, without a
4license or permit issued under this chapter, if the otter causes damage to the fish
5farm including damage to any fish or fish eggs.
AB490,2,126
(b) The department, upon request, shall reimburse an operator of a fish farm
7registered under s. 95.60 for damage caused by an otter to the fish farm including
8damage to any fish or fish eggs. The amount of the reimbursement shall be
9determined by agreement between the department and the operator of the fish farm.
10Notwithstanding s. 29.351, the department and the operator may agree to allow the
11operator to retain possession of the otter skin as full or partial reimbursement under
12this subsection.
AB490,2,1413
(c) The department shall make reimbursements under this subsection from the
14appropriation account under s. 20.370 (1) (mu).
AB490,2,1716
(1) This act first applies to damage caused by an otter on the effective date of
17this subsection.
