23.22(2)(b)3.
3. Encourage cooperation among state agencies and other entities to control invasive species in this state.
23.22(2)(b)4.
4. Seek public and private funding for the program.
23.22(2)(b)5.
5. Provide education and encourage and conduct research concerning invasive species.
23.22(2)(b)6.
6. Promulgate rules to identify, classify, and control invasive species for purposes of the program. In promulgating these rules, the department shall consider the recommendations of the council under
sub. (3) (a). As part of these rules, the department may establish procedures and requirements for issuing permits to control invasive species.
23.22(2)(c)
(c) Under the program established under
par. (a), the department shall promulgate rules to establish a procedure to award cost-sharing grants to public and private entities for up to 75 percent of the costs of projects to control invasive species. The rules promulgated under this paragraph shall establish criteria for determining eligible projects and eligible grant recipients. Eligible projects shall include education and inspection activities at boat landings. The rules shall allow cost-share contributions to be in the form of money or in-kind goods or services or any combination thereof. In promulgating these rules, the department shall consider the recommendations of the council under
sub. (3) (c).
23.22(2)(d)
(d) Under the program established under
par. (a), the department shall set aside $42,000 from the appropriation under
s. 20.370 (4) (ku) during fiscal year 2013-14 to be used for a project to improve the sea lamprey barrier on the Kewaunee River at the Besadny Anadromous Fish Facility. Upon either the receipt or commitment of funding in the amount of $78,000 from one or more governmental units, the department shall release the amount set aside for the project.
23.22(2)(e)
(e) Under the program established under
par. (a), the department shall set aside $262,500 from the appropriation under
s. 20.370 (4) (ku) during fiscal year 2013-14 to be used for a project to construct a sea lamprey barrier on the Nemadji River. Upon either the receipt or commitment of funding in the amount of $487,500 from one or more governmental units, the department shall release the amount set aside for the project.
23.22(2)(f)
(f) Under the program established under
par. (a) and from the appropriation under
s. 20.370 (4) (kc), the department may expend up to $400,000 to carry out sea lamprey control projects and up to $120,000 to conduct surveys of sea lamprey larvae on any inland lakes, tributaries of Lake Michigan or Lake Superior, or harbors of Lake Michigan or Lake Superior.
23.22 Cross-reference
Cross-reference: See also ch.
NR 198, Wis. adm. code.
23.22(2t)
(2t) Department powers and cooperation. 23.22(2t)(a)(a) Using the procedure under
s. 227.24, the department may promulgate an emergency rule to identify, classify, or control an invasive species under
sub. (2) (b) 6. Notwithstanding
s. 227.24 (1) (a) and
(3), the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. Notwithstanding
s. 227.24 (1) (c) and
(2), an emergency rule promulgated under this paragraph remains in effect until whichever of the following occurs first:
23.22(2t)(a)1.
1. The first day of the 25th month beginning after the effective date of the emergency rule.
23.22(2t)(a)2.
2. The effective date of the repeal of the emergency rule.
23.22(2t)(a)3.
3. The date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under
sub. (2) (b) 6., takes effect.
23.22(2t)(b)
(b) The department may hold hearings relating to any aspect of the administration of this section and, in connection with those hearings, compel the attendance of witnesses and the production of evidence.
23.22(2t)(c)
(c) The department may waive compliance with any requirement under this section or shorten the time periods under this section to the extent necessary to prevent an emergency condition threatening public health, safety, or welfare or the environment.
23.22(2t)(d)
(d) The department may secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise for purposes of this section.
23.22(2t)(e)
(e) The department may advise and may consult, contract, and cooperate with, other state agencies, local governments, industries, other states, interstate or interlocal agencies, the federal government, and other interested persons or groups for purposes of this section.
23.22(2t)(f)
(f) Every state agency shall cooperate with the department in the administration of this section where the interests of the department and the respective state agency overlap. The cooperating state agencies may provide by agreement for the manner of sharing expenses and responsibilities under this section.
23.22(3)(a)(a) The council shall make recommendations to the department for a system for classifying invasive species under the program established under
sub. (2). The recommendations shall contain criteria for each classification to be used, the allowed activities associated with each classification, criteria for determining state priorities for controlling invasive species under each classification, and criteria for determining the types of actions to be taken in response to the introduction or spread of an invasive species under each classification.
23.22(3)(b)
(b) Under the program established under
sub. (2), the council shall conduct studies of issues related to controlling invasive species. The studies shall address all of the following:
23.22(3)(b)1.
1. The effect of the state's bait industry on the introduction and spread of invasive species.
23.22(3)(b)2.
2. The effect of the state's pet industry on the introduction and spread of invasive species.
23.22(3)(b)3.
3. The acquisition of invasive species through mail order and Internet sales.
23.22(3)(c)
(c) The council shall make recommendations to the department on the establishment of a procedure for awarding cost-sharing grants under
sub. (2) (c) to public and private entities for up to 75 percent of the costs of eligible projects to control invasive species. The recommendations shall contain criteria for determining eligibility for these grants and for determining which applicants should be awarded the grants.
23.22(3)(d)
(d) To assist the council in its work, the council shall create 4 subcommittees on the subjects of education, research, regulation, and interagency coordination. The council may create additional subcommittees on other subjects.
23.22(5)
(5) Inspections. As part of the statewide management plan, the department shall create a watercraft inspection program under which the department shall conduct periodic inspections of boats, boating equipment, and boat trailers entering and leaving navigable waters and shall educate boaters about the threat of invasive species that are aquatic species. The department shall encourage the use of volunteers or may use department employees for these inspections.
23.22(5m)
(5m) Rules for compliance. In addition to the rules promulgated under
sub. (2) (b) 6., the department may promulgate rules establishing procedures for conducting investigations and inspections necessary to obtain compliance with this section.
23.22(6)(a)(a) The department shall submit to the legislature under
s. 13.172 (2), and to the governor and the council, a biennial report that includes all of the following:
23.22(6)(a)1.
1. Details on the administration of the program established under
sub. (2), including an assessment as to the progress that is being made in controlling invasive species in this state.
23.22(6)(a)2.
2. A description of state funding that has been expended under the program.
23.22(6)(a)3.
3. A description of funding from other sources that has been expended to control invasive species in this state.
23.22(6)(a)4.
4. An assessment of the future needs of the program.
23.22(6)(b)
(b) The department shall submit the biennial report under
par. (a) before October 1 of each even-numbered year. Each report shall cover the 24-month period ending on the June 30 that immediately precedes the date of the report.
23.22(6)(c)
(c) In addition to the report required under
par. (a), the department shall submit an interim performance report to the legislature under
s. 13.172 (2), and to the governor and the council, on the progress that has been made on the control of invasive species. The department shall submit this interim performance report before October 1 of each odd-numbered year. Each interim performance report shall cover the 12-month period ending on the June 30 that immediately precedes the date of the interim performance report.
23.22(7)
(7) Appearance before legislature. Upon request of a standing committee of the legislature with jurisdiction over matters related to the environment, natural resources, or agriculture, the director of the program shall appear to testify.
23.22(8)(a)(a) Except as provided in
pars. (b) and
(c), any person who violates a rule promulgated under
sub. (2) (b) 6., or any permit issued under those rules, shall forfeit not more than $200.
23.22(8)(b)
(b) Any person who intentionally violates any rule promulgated under
sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor more than $5,000, or shall be imprisoned for not less than 6 months nor more than 9 months or both.
23.22(8)(c)
(c) A person who violates a rule promulgated under
sub. (2) (b) 6. or any permit issued under those rules and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of a rule promulgated under
sub. (2) (b) 6. or any permit issued under those rules shall be fined 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.
23.22(8)(d)
(d) The court may order a person who is convicted under
par. (a),
(b), or
(c) 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.
23.22(9)(a)(a) If the department of natural resources finds that any person is violating a rule promulgated under
sub. (2) (b) 6. or a permit issued under those rules for which the person is subject to a forfeiture under
sub. (8) (a), the department of natural resources may do one or more of the following:
23.22(9)(a)2.
2. Refer the matter to the department of justice for enforcement under
par. (b).
23.22(9)(a)3.
3. Revoke a permit issued under the rules promulgated under
sub. (2) (b) 6., after notice and opportunity for hearing.
23.22(9)(b)
(b) The department of justice shall initiate an enforcement action requested by the department under
par. (a) 2. The enforcement action may include a request for injunctive relief. In any action initiated by it under this paragraph, the department of justice shall, prior to stipulation, consent order, judgment, or other final disposition of the case, consult with the department of natural resources for the purpose of determining the department's views on final disposition. The department of justice shall not enter into a final disposition different than that previously discussed without first informing the department of natural resources.
23.22(9)(c)
(c) In an action initiated pursuant to a citation or initiated under
par. (b), the court may award, as an additional penalty, an amount equal to all or a portion of the costs of investigation, including any monitoring, incurred by the department of natural resources or the department of justice, which led to the establishment of the violation. The court may also award the department of justice the reasonable and necessary expenses of the prosecution, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department of justice under this paragraph. These moneys shall be credited to the appropriation account under
s. 20.455 (1) (gh).
23.22 Cross-reference
Cross-reference: See also ch.
NR 40, Wis. adm. code.
23.235(1)(a)
(a) "Nuisance weeds" means purple loosestrife or hybrids thereof and multiflora rose.
23.235(1)(b)
(b) "Purple loosestrife" means any nonnative member of the genus Lythrum.
23.235(2)
(2) Prohibition. Except as provided in
sub. (3m), no person may sell, offer for sale, distribute, plant, or cultivate any multiflora rose or seeds thereof.
23.235(2m)(a)(a) Under the program established under
s. 23.22, the department shall make a reasonable effort to develop a statewide plan to control purple loosestrife on both public and private lands, as provided in this subsection.
23.235(2m)(b)
(b) The department shall make a reasonable effort to implement control and quarantine methods on public lands as soon as practicable. The department shall make a reasonable effort to employ the least environmentally harmful methods available that are effective, based on research conducted under
sub. (3m).
23.235(2m)(c)
(c) The department may conduct a pilot project using employees or other persons to engage in labor intensive efforts to control purple loosestrife on all public lands.
23.235(2m)(d)
(d) The department shall request permission from private landowners to enter onto the land to control stands of purple loosestrife which significantly threaten environmental resources or which threaten to invade a nearby watershed or subwatershed. If the landowner denies the department permission to enter onto the land, the department may not enter the land but shall inform the landowner of the seminars available under
sub. (4) (c).
23.235(2m)(e)
(e) The department may provide grants to other public agencies to allow the public agencies to control purple loosestrife on lands under their control.
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.
23.2355
23.2355
Weed management grants. The department, in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules that authorize the department, in consultation with the department of agriculture, trade and consumer protection, to provide funds received from the federal government under
7 USC 7782 to eligible recipients for the control or eradication of noxious weeds. The rules shall authorize the department and the department of agriculture, trade and consumer protection to use the funds received from the federal government to provide technical assistance and to make grants to eligible recipients to control or eradicate noxious weeds.
23.2355 History
History: 2009 a. 55.
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.
