Section 23.22. Invasive species.

 

(1)   Definitions. In this section:

(a) “Control" means to cut, remove, destroy, suppress, or prevent the introduction or spread of.

(b) “Council" means the invasive species council.

(bm) “Governmental unit" means a federal agency, state agency, county, city, village, or town.

(c) “Invasive species" means nonindigenous species whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

(d) “State agency" means a board, commission, committee, department, or office in the state government.

(2)   Department responsibilities.

(a) The department shall establish a statewide program to control invasive species in this state.

(b) As part of the program established under par. (a) , the department shall do all of the following:

1. Create and implement a statewide management plan to control invasive species in this state, which shall include inspections as specified under sub. (5) .

2. Administer the program established under s. 23.24 as it relates to invasive aquatic plants.

3. Encourage cooperation among state agencies and other entities to control invasive species in this state.

4. Seek public and private funding for the program.

5. Provide education and encourage and conduct research concerning invasive species.

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.

(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) .

(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.

(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.

(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.

Cross-reference: See also ch. NR 198 , Wis. adm. code.

(2t)   Department powers and cooperation.

(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:

1. The first day of the 25th month beginning after the effective date of the emergency rule.

2. The effective date of the repeal of the emergency rule.

3. The date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under sub. (2) (b) 6. , takes effect.

(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.

(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.

(d) The department may secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise for purposes of this section.

(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.

(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.

(3)   Council duties.

(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.

(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:

1. The effect of the state's bait industry on the introduction and spread of invasive species.

2. The effect of the state's pet industry on the introduction and spread of invasive species.

3. The acquisition of invasive species through mail order and Internet sales.

4. Any other issue as determined by the council.

(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.

(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.

(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.

(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.

(6)   Reports.

(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:

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.

2. A description of state funding that has been expended under the program.

3. A description of funding from other sources that has been expended to control invasive species in this state.

4. An assessment of the future needs of the program.

(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.

(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.

(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.

(8)   Penalties.

(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.

(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.

(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.

(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.

(9)   Enforcement.

(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:

1. Issue a citation pursuant to s. 23.50 to 23.99 .

2. Refer the matter to the department of justice for enforcement under par. (b) .

3. Revoke a permit issued under the rules promulgated under sub. (2) (b) 6. , after notice and opportunity for hearing.

(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.

(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) .

2001 a. 109 ss. 72t , 72xd ; 2003 a. 33 ; 2005 a. 25 , 160 ; 2007 a. 20 ; 2009 a. 55 ; 2013 a. 72 . Cross-reference: See also ch. NR 40 , Wis. adm. code.