23.235(3m)
(3m) Research. Under the program established under
s. 23.22, the department shall make a reasonable effort to conduct research to determine alternative methods to contain and control purple loosestrife in the most environmentally sound manner and may conduct other research on the control of nuisance weeds. The secretaries of natural resources and of agriculture, trade and consumer protection may authorize any person to plant or cultivate nuisance weeds for the purpose of controlled experimentation.
23.235(4)(a)(a) Under the program established under
s. 23.22, the department shall make a reasonable effort to develop a statewide education effort on the effects of nuisance weeds, as provided in this subsection.
23.235(4)(b)
(b) The department shall make a reasonable effort to educate the authorities in charge of the maintenance of all federal, state and county trunk highways and all forest and park land in this state on methods to identify and control nuisance weeds. The department of transportation and all other authorities in charge of the maintenance of highways, forests and parks may cooperate with the department in efforts under this paragraph.
23.235(4)(c)
(c) The department shall make a reasonable effort to educate private landowners on methods to identify and control purple loosestrife. The department shall make a reasonable effort to conduct seminars periodically, at times determined by the department, to train private landowners in environmentally sound methods to identify and control purple loosestrife.
23.235(5)
(5) Penalty. Any person who knowingly violates
sub. (2) shall forfeit not more than $100. Each violation of this section is a separate offense.
23.235 History
History: 1987 a. 41;
1999 a. 150 s.
616; Stats. 1999 s. 23.235;
2001 a. 16;
2001 a. 109 ss.
72td to
72wj.
23.24
23.24
Aquatic plants. 23.24(1)(1)
Definitions. In this section:
23.24(1)(b)
(b) "Aquatic plant" means a planktonic, submergent, emergent, or floating-leaf plant or any part thereof.
23.24(1)(c)
(c) "Control" means to cut, remove, destroy, or suppress.
23.24(1)(d)
(d) "Cultivate" means to intentionally maintain the growth or existence of.
23.24(1)(e)
(e) "Distribute" means to sell, offer to sell, distribute for no consideration, or offer to distribute for no consideration.
23.24(1)(f)
(f) "Introduce" means to plant, cultivate, stock, or release.
23.24(1)(g)
(g) "Invasive aquatic plant" means an aquatic plant that is designated under
sub. (2) (b).
23.24(1)(h)
(h) "Manage" means to introduce or control.
23.24(1)(i)
(i) "Native" means indigenous to the waters of this state.
23.24(1)(j)
(j) "Nonnative" means not indigenous to the waters of this state.
23.24(1)(k)
(k) "Waters of this state" means any surface waters within the territorial limits of this state.
23.24(2)(a)(a) The department shall establish a program for the waters of this state to do all of the following:
23.24(2)(a)1.
1. Implement efforts to protect and develop diverse and stable communities of native aquatic plants.
23.24(2)(a)4.
4. Administer and establish by rule procedures and requirements for the issuing of aquatic plants management permits required under
sub. (3).
23.24(2)(b)
(b) Under the program implemented under
par. (a), the department shall designate by rule which aquatic plants are invasive aquatic plants for purposes of this section. The department shall designate Eurasian water milfoil, curly leaf pondweed, and purple loosestrife as invasive aquatic plants and may designate any other aquatic plant as an invasive aquatic plant if it has the ability to cause significant adverse change to desirable aquatic habitat, to significantly displace desirable aquatic vegetation, or to reduce the yield of products produced by aquaculture.
23.24(2)(c)
(c) The requirements promulgated under
par. (a) 4. may specify any of the following:
23.24(2)(c)1.
1. The quantity of aquatic plants that may be managed under an aquatic plant management permit.
23.24(2)(c)2.
2. The species of aquatic plants that may be managed under an aquatic plant management permit.
23.24(2)(c)3.
3. The areas in which aquatic plants may be managed under an aquatic plant management permit.
23.24(2)(c)4.
4. The methods that may be used to manage aquatic plants under an aquatic plant management permit.
23.24(2)(c)5.
5. The times during which aquatic plants may be managed under an aquatic plant management permit.
23.24(2)(c)6.
6. The allowable methods for disposing or using aquatic plants that are removed or controlled under an aquatic plant management permit.
23.24(3)(a)(a) Unless a person has a valid aquatic plant management permit issued by the department, no person may do any of the following:
23.24(3)(a)1.
1. Introduce nonnative aquatic plants into waters of this state.
23.24(3)(a)2.
2. Manually remove aquatic plants from navigable waters.
23.24(3)(a)3.
3. Control aquatic plants in waters of this state by the use of chemicals.
23.24(3)(a)4.
4. Control aquatic plants in navigable waters by introducing biological agents, by using a process that involves dewatering, desiccation, burning, or freezing, or by using mechanical means.
23.24(3)(b)
(b) The department may require that an application for an aquatic plant management permit contain a plan for the department's approval as to how the aquatic plants will be introduced, removed, or controlled.
23.24(3)(c)
(c) The department may promulgate a rule to establish fees for aquatic plant management permits. Under the rule, the department may establish a different fee for an aquatic plant management permit to manage aquatic plants that are located in a body of water that is entirely confined on the property of one property owner.
23.24(4)(a)1.
1. "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
23.24(4)(a)2.
2. "State agency" means any office, department, independent agency, or attached board or commission within the executive branch of state government, or any special purpose authority created by statute.
23.24(4)(b)
(b) The permit requirement under
sub. (3) does not apply to any of the following:
23.24(4)(b)1.
1. A person who manually removes aquatic plants from privately owned stream beds with the permission of the landowner.
23.24(4)(b)2.
2. A person who engages in an activity listed under
sub. (3) (a) in the course of harvesting wild rice as authorized under
s. 29.607.
23.24(4)(b)3.
3. A person who engages in an activity listed under
sub. (3) (a) in the course of operating a fish farm as authorized under
s. 95.60.
23.24(4)(c)
(c) The department may promulgate a rule to waive the permit requirement under
sub. (3) (a) 2. for any of the following:
23.24(4)(c)1.
1. A person who owns property on which there is a body of water that is entirely confined on the property of that person.
23.24(4)(c)2.
2. A riparian owner who manually removes aquatic plants from a body of water that abuts the owner's property provided that the removal does not interfere with the rights of other riparian owners.
23.24(4)(c)4.
4. A person who uses chemicals in a body of water for the purpose of controlling bacteria on bathing beaches.
23.24(4)(c)5.
5. A person who uses chemicals on plants to prevent the plants from interfering with the use of water for drinking purposes.
23.24(4)(c)6.
6. A state agency or a local governmental unit that uses a chemical treatment in a body of water for the purpose of protecting the public health.
23.24(5)
(5) Distribution prohibited. No person may distribute an invasive aquatic plant.
23.24(6)(a)(a) Except as provided in
par. (b), any person who violates
sub. (3) shall forfeit not more than $200.
23.24(6)(b)
(b) A person who violates
sub. (3) and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of
sub. (3) shall forfeit not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.
23.24(6)(c)
(c) The court may order a person who is convicted under
par. (b) to abate any nuisance caused by the violation, restore any natural resource damaged by the violation, or take other appropriate action to eliminate or minimize any environmental damage caused by the violation.
23.24(6)(d)
(d) A person who violates
sub. (5) shall forfeit not more than $100.
23.24 History
History: 2001 a. 16,
109.
23.25
23.25
Geographic powers and duties. 23.25(1)(a)
(a) Determine the correct and most appropriate names of the lakes, streams, places and other geographic features in the state, and the spelling thereof;
23.25(1)(b)
(b) Pass upon and give names to lakes, streams, places and other geographic features in the state for which no single generally accepted name has been in use;
23.25(1)(c)
(c) In cooperation with county boards and with their approval, change the names of lakes, streams, places and other geographic features with the end in view of eliminating, as far as possible, duplication of names within the state;
23.25(1)(d)
(d) Prepare and publish an official state dictionary of geographic names and publish the same, either as a completed whole or in parts when ready;
23.25(1)(e)
(e) Serve as the state representative of the U.S. geographic board and cooperate with the said board to the end that there shall be no conflict between the state and federal designations of geographic features in the state.
23.25(2)
(2) Except as provided under
sub. (2m), whenever the department has given a name to any lake, stream, place or other geographic feature within the state, or determined the correct spelling of any such name, it shall be used on all maps and in all reports and other publications thereafter issued by the state or any of its political subdivisions, and it shall be the official name of the geographic feature.
23.25(2m)
(2m) Notwithstanding
subs. (1) and
(2), the portion of the Galena River located within the state is renamed the Fever River. That name shall be used on all maps and in all reports and other publications issued by the state or any of its political subdivisions on and after May 14, 1992, and it shall be the official name of this river.
23.25(3)
(3) No person shall in any advertisement or publication attempt to modify local usage or name unnamed geographic features without first obtaining the approval of the department. In case of a violation of this subsection, the department may announce its disapproval and thereafter adopt an official name for such feature.
23.25 History
History: 1991 a. 284.
23.26
23.26
Natural areas preservation council. The natural areas preservation council shall:
23.26(1)
(1) Make recommendations to the department concerning the suitability of natural areas offered as donations by individuals or organizations for inclusion in the state natural areas system, make recommendations to the department concerning the purchase of natural areas to be included in the state natural areas system and make recommendations concerning the suitability of natural areas offered as dedications by individuals or organizations for inclusion in the state natural areas system.
23.26(2)
(2) Make recommendations to appropriate federal agencies or national scientific organizations of natural areas in the state that are considered worthy to be listed as natural areas or scientific areas of national importance.
23.26(3)
(3) Advise the department and other agencies on matters pertaining to the acquisition, development, utilization, maintenance and withdrawal of state natural areas, including determinations as to the extent of multiple use that may be allowed on state natural areas that are a part of a state park, state forest, public hunting ground or similar areas under state ownership or control.
23.26(4)
(4) Prepare and publish an official list of research natural and other natural areas in the state natural area system available for research and the teaching of conservation and natural history, and recommend publication of studies made in connection with these areas.
23.26(5)
(5) Cooperate with federal agencies, other states, counties or organizations concerned with preservation of natural areas.
23.26(6)
(6) Take such other action as is deemed advisable to facilitate the administration, development, maintenance or protection of natural areas and the state natural areas system.
23.26 History
History: 1985 a. 29; Stats. 1985 s. 23.26.
23.27
23.27
Natural areas; definitions; importance; inventory; acquisition; sales. 23.27(1)(a)
(a) "Council" means the natural areas preservation council.
23.27(1)(b)
(b) "Dedicated state natural areas" means land accepted and recorded for dedication under the Wisconsin natural areas heritage program as provided under
s. 23.29 (16).
23.27(1)(c)
(c) "Dedication" means the transfer of land or a permanent interest in land to the state of Wisconsin to be held in trust for the people of Wisconsin by the department in a manner which ensures the protection and stewardship of the area and natural values associated with the area. "Dedication" also means the binding unilateral declaration by the state that land under the ownership of the state is to be held in trust for the people of Wisconsin by the department in a manner which ensures the protection and stewardship of the area and natural values associated with the area.
23.27(1)(d)
(d) "Designated state natural area" means a natural area designated as a state natural area under
s. 23.28 (1).
