2011 Wisconsin Code
Chapter 29. Wild animals and plants.
29.733 Natural waters used in fish farms.

29.733

29.733 Natural waters used in fish farms.

29.733(1)

(1) No person may use a natural body of water as a fish farm or as part of a fish farm unless all of the following apply:

29.733(1)(a)

(a) The land that is riparian to the body of water is owned, leased or controlled by the owners of the fish farm.

29.733(1)(b)

(b) None of the owners of the fish farm or of the riparian land provides access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public, except that the owners of the fish farm may allow fishing by the public for a fee.

29.733(1)(c)

(c) The body of water is one of the following:

29.733(1)(c)1.

1. A freeze-out pond.

29.733(1)(c)2.

2. A preexisting fish rearing facility.

29.733(1)(d)

(d) A permit for the body of water has been issued under sub. (2).

29.733(2)

(2)

29.733(2)(a)

(a) The department, subject to s. 29.024 (2g) and (2r), shall issue a permit under this subsection for a natural body of water specified under sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.

29.733(2)(b)

(b) Notwithstanding par. (a), for a freeze-out pond that is licensed as a private fish hatchery, or as part of a private fish hatchery, under s. 29.52, 1995 stats., on January 1, 1998, or for a natural body of water as described under sub. (1) (c) 2., the department shall issue an initial permit without making the determination under par. (a).

29.733(2)(c)

(c)

29.733(2)(c)1.

1. The department, subject to s. 29.024 (2g) and (2r), shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.

29.733(2)(c)2.

2. A person may apply for a renewal of a permit issued under this subsection within the 16 months before the permit expires.

29.733(2)(c)3.

3. Except as provided in subd. 4., the department shall renew the permit, or deny the renewal, within 3 months after the date on which the department receives the application for the renewal.

29.733(2)(c)4.

4. The department may delay the renewal or denial of the renewal under subd. 3. until the May 31 immediately following the date on which the department receives the renewal application if ice conditions prevent the department from inspecting the body of water for purposes of renewal within a reasonable time after receiving the application.

29.733(2)(d)

(d) If the department denies a permit under par. (a), (b) or (c), the department shall issue written findings supporting the reason for the denial that are based on the criteria promulgated under par. (f).

29.733(2)(e)

(e) The department may suspend a permit for a body of water specified in sub. (1) (c) 2. for 90 days if the department finds that the permit holder has failed to adequately maintain the fish barriers and may revoke the permit if the department determines that the failure to adequately maintain the barriers has not been corrected within the 90-day period.

29.733(2)(f)

(f) The department shall promulgate rules to establish the fees, criteria and procedures to be used in issuing permits under this subsection.

29.733 - ANNOT.

History: 1997 a. 27, 191, 237; 1997 a. 248 s. 581; Stats; 1997 s. 29.733; 1999 a. 32.

29.733 - ANNOT.

Cross-reference: See also ss. NR 19.01, 19.90, 19.91, 19.92, 19.93, 19.94, and 19.95, Wis. adm. code.