LRB-1581/1
RNK:jld:rs
2007 - 2008 LEGISLATURE
February 22, 2007 - Introduced by Representatives Schneider, Petrowski,
Mursau, Hahn, Benedict, Turner, Van Roy, A. Ott, Kleefisch, Sheridan,
Hilgenberg, J. Ott and
Sinicki, cosponsored by Senators Lassa, Risser,
Wirch, Plale and
Schultz. Referred to Committee on Natural Resources.
AB96,1,3
1An Act to create 23.225 of the statutes;
relating to: the possession, release,
2control, storage, sale, and transportation of fish of an invasive fish species and
3requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
This bill prohibits any person, with certain exceptions, from possessing,
releasing, controlling, storing, selling, or transporting fish, or viable fish eggs, of an
invasive fish species if the person knows, or should know, that the fish or eggs are
of an invasive fish species. The bill defines "invasive fish species" as a species of fish
that is not native to the waters of this state and that causes, or is likely to cause, harm
to the economy, to the environment, or to human health. Under the bill, the
prohibitions do not apply to certain persons, such as those who hold a permit from
the Department of Natural Resources to import or stock fish or those who operate a
fish farm regulated by the Department of Agriculture, Trade and Consumer
Protection. The prohibitions also do not apply under the bill to a person who, while
lawfully fishing, inadvertently catches a fish that is of an invasive fish 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:
AB96, s. 1
1Section
1. 23.225 of the statutes is created to read:
AB96,2,4
223.225 Invasive fish species. (1) In this section, "invasive fish species"
3means a species of fish that is not native to the waters of this state and that causes,
4or is likely to cause, harm to the economy, to the environment, or to human health.
AB96,2,7
5(2) No person may possess, release, control, store, sell, or transport any fish,
6or viable fish eggs, that are of an invasive fish species if the person knows, or should
7know, that the fish or the eggs are of an invasive fish species.
AB96,2,8
8(3) The prohibitions under sub. (2) do not apply to any of the following:
AB96,2,99
(a) A person who holds a scientific collector permit under s. 29.614.
AB96,2,1010
(b) A person who holds a permit to import fish under s. 29.735.
AB96,2,1111
(c) A person who holds a permit to introduce, plant, or stock fish under s. 29.736.
AB96,2,1212
(d) A person who operates a fish farm under s. 95.60.
AB96,2,1313
(e) A person who operates a state or municipal fish hatchery.
AB96,2,1614
(f) A person who is authorized by the department to possess, release, control,
15sell, or transport fish or fish eggs for scientific or educational purposes or for the
16purpose of controlling the population of fish that are of an invasive fish species.
AB96,2,1817
(g) A person who, while lawfully fishing, inadvertently catches a fish that is of
18an invasive fish species.
AB96,2,20
19(4) The department shall promulgate rules specifying fish that are of an
20invasive fish species for purposes of this section.
