Section 23.24. Aquatic plants.

 

(1)   Definitions. In this section:

(a) “Aquaculture" has the meaning given in s. 93.01 (1d) .

(b) “Aquatic plant" means a planktonic, submergent, emergent, or floating-leaf plant or any part thereof.

(c) “Control" means to cut, remove, destroy, or suppress.

(d) “Cultivate" means to intentionally maintain the growth or existence of.

(e) “Distribute" means to sell, offer to sell, distribute for no consideration, or offer to distribute for no consideration.

(f) “Introduce" means to plant, cultivate, stock, or release.

(g) “Invasive aquatic plant" means an aquatic plant that is designated under sub. (2) (b) .

(h) “Manage" means to introduce or control.

(i) “Native" means indigenous to the waters of this state.

(j) “Nonnative" means not indigenous to the waters of this state.

(k) “Waters of this state" means any surface waters within the territorial limits of this state.

(2)   Department duties.

(a) The department shall establish a program for the waters of this state to do all of the following:

1. Implement efforts to protect and develop diverse and stable communities of native aquatic plants.

2. Regulate how aquatic plants are managed.

4. Administer and establish by rule procedures and requirements for the issuing of aquatic plant management permits required under sub. (3) .

(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.

(c) The requirements promulgated under par. (a) 4. may specify any of the following:

1. The quantity of aquatic plants that may be managed under an aquatic plant management permit.

2. The species of aquatic plants that may be managed under an aquatic plant management permit.

3. The areas in which aquatic plants may be managed under an aquatic plant management permit.

4. The methods that may be used to manage aquatic plants under an aquatic plant management permit.

5. The times during which aquatic plants may be managed under an aquatic plant management permit.

6. The allowable methods for disposing or using aquatic plants that are removed or controlled under an aquatic plant management permit.

7. The requirements for plans that the department may require under sub. (3) (b) .

(3)   Permits.

(a) Unless a person has a valid aquatic plant management permit issued by the department, no person may do any of the following:

1. Introduce nonnative aquatic plants into waters of this state.

2. Manually remove aquatic plants from navigable waters.

3. Control aquatic plants in waters of this state by the use of chemicals.

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.

(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.

(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.

(4)   Exemptions from permits.

(a) In this subsection:

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.

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.

(b) The permit requirement under sub. (3) does not apply to any of the following:

1. A person who manually removes aquatic plants from privately owned stream beds with the permission of the landowner.

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 .

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 .

(c) The department may promulgate a rule to waive the permit requirement under sub. (3) (a) 2. for any of the following:

1. A person who owns property on which there is a body of water that is entirely confined on the property of that person.

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.

3. A person who is controlling purple loosestrife.

4. A person who uses chemicals in a body of water for the purpose of controlling bacteria on bathing beaches.

5. A person who uses chemicals on plants to prevent the plants from interfering with the use of water for drinking purposes.

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.

(5)   Distribution prohibited. No person may distribute an invasive aquatic plant.

(6)   Penalties.

(a) Except as provided in par. (b) , any person who violates sub. (3) shall forfeit not more than $200.

(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 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.

(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.

(d) A person who violates sub. (5) shall forfeit not more than $100.

2001 a. 16 , 109 ; 2007 a. 20 ; 2011 a. 258 . Cross-reference: See also ch. NR 109 , Wis. adm. code.