29.733 Natural waters used in fish farms.
(1d) In this section:
(a) “Artificial water body" has the meaning given in s. 30.19 (1b) (a).
(b) “Natural body of water" means a spring, stream, pond, lake, or wetland that was historically present in a natural state but may have been physically altered over time.
(1h) 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:
(a) The land that is riparian to the body of water is owned, leased or controlled by the owners of the fish farm.
(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.
(c) The body of water is one of the following:
1. A freeze-out pond.
2. A preexisting fish rearing facility.
3. A body of water for which the department has issued a permit under s. 30.19, 30.195, or 31.04.
4. An artificial water body that is used as a fish farm that is registered with the department of agriculture, trade and consumer protection on June 25, 2017, or as part of a fish farm that is registered with the department of agriculture, trade and consumer protection on June 25, 2017, regardless of its water source, including an artificial water body that is fed by a spring.
(d) If the department has not issued a permit for the body of water under s. 30.19, 30.195, or 31.04, a permit for the body of water has been issued under sub. (2).
(1m) The department shall post notice of every application submitted to the department under this section on the department's Internet website.
(2)
(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. (1h) (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.
(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. (1h) (c) 2., the department shall issue an initial permit without making the determination under par. (a).
(c) Subject to s. 29.024 (2g) and (2r), a permit issued under this subsection does not expire 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.
(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).
(e) The department may suspend a permit for a body of water specified in sub. (1h) (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.
(f) The department shall promulgate rules to establish the fees, criteria and procedures to be used in issuing permits under this subsection. The rules may not require the department, before issuing a permit under this subsection, to hold a hearing or to provide notice to any person, other than the applicant, that the department will proceed on an application for a permit without a hearing.
(3) This section does not apply to any of the following:
(a) A person who places a net pen in a natural body of water for the purpose of holding or rearing fish in accordance with a general permit issued under s. 30.12 (3) (b).
(b) A person who holds a permit under sub. (2) and who takes no action in the natural body of water other than maintaining the fish farm facility, including maintaining ponds, raceways, ditches, canals, berms, swales, drains, pipes, and other structures, drainage areas, and flowage controls within the facility.
History: 1997 a. 27, 191, 237; 1997 a. 248 s. 581; Stats; 1997 s. 29.733; 1999 a. 32; 2011 a. 207; 2013 a. 75; 2017 a. 21; 2017 a. 365 s. 112.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 29 - Wild animals and plants.
29.011 - Title to wild animals.
29.014 - Rule-making for this chapter.
29.016 - Department authority; deer hunting seasons and license restrictions.
29.020 - Deer management assistance program.
29.024 - Approvals; forms; issuing agents.
29.03 - Wildlife violator compact.
29.035 - Report of department.
29.036 - Sporting heritage council.
29.037 - Fish and wildlife restoration.
29.038 - Local regulation of wild animals.
29.040 - Deer management report rules.
29.041 - Department to regulate hunting and fishing in interstate waters.
29.042 - Agreements to retire licenses.
29.045 - Interstate license privileges.
29.047 - Interstate transportation of game.
29.053 - Specific open and closed seasons.
29.055 - Wild animals; possession in closed season or in excess of bag limit.
29.057 - Wild animals; possession in open season.
29.063 - Management of chronic wasting disease.
29.071 - Wildlife on Indian reservations protected.
29.075 - Hunting, trapping and fishing by American Indians.
29.079 - Deer hunting by practitioners of Ho-Chunk religion.
29.083 - Interference with hunting, fishing or trapping.
29.084 - Incentives for recruitment.
29.088 - Use of poison and explosives; pole traps.
29.089 - Hunting, fishing, and trapping on land in state parks and state fish hatcheries.
29.091 - Hunting or trapping in wildlife refuge.
29.095 - Hunting on land in a school forest.
29.161 - Resident small game hunting license.
29.164 - Wild turkey hunting approvals.
29.171 - Resident archer hunting license.
29.172 - Resident crossbow hunting license.
29.173 - Resident deer hunting license.
29.177 - Special deer hunting permits.
29.179 - Transfer of approvals to minors and disabled persons.
29.180 - Transfers of approvals upon death.
29.181 - Bonus deer hunting permits.
29.182 - Elk hunting licenses.
29.183 - Deferral of certain approvals.
29.185 - Wolf harvesting licenses.
29.192 - Regulation of takings of certain wild animals.
29.193 - Approvals for disabled persons.
29.194 - Resident approvals for certain nonresidents and members of the armed forces.
29.1945 - Approvals for veterans and military members.
29.195 - Disabled veterans, Great Lakes Naval Hospital.
29.197 - Waivers of certain approvals.
29.199 - Authorizations for certain patients and institutionalized persons to fish.
29.201 - Waiver of fishing license requirement for groups of disabled persons.
29.204 - Nonresident annual small game hunting license.
29.207 - Nonresident 5-day small game hunting license.
29.211 - Nonresident deer hunting license.
29.213 - Nonresident fur-bearing animal hunting license.
29.216 - Nonresident archer hunting license.
29.217 - Nonresident crossbow hunting license.
29.219 - Resident fishing licenses.
29.228 - Nonresident fishing licenses.
29.2285 - Fishing stamps and tags.
29.229 - Fishing approvals issued by the Lac du Flambeau band.
29.2295 - Department approvals issued on the Lac du Flambeau reservation.
29.2297 - Federal approvals for hunting, trapping, and fishing.
29.235 - Conservation patron license.
29.236 - Annual disabled veteran recreation card.
29.237 - Sturgeon spearing license.
29.301 - General restrictions on hunting.
29.304 - Restrictions on hunting and use of firearms by persons under 16 years of age.
29.307 - Hunting with aid of aircraft prohibited.
29.311 - Shotshell restrictions.
29.312 - Rules regulating the sighting of a firearm.
29.317 - Taking homing pigeons.
29.322 - Taking certain wounded animals.
29.327 - Regulation of waterfowl blinds.
29.334 - Hunting and trapping; treatment of wild animals.
29.335 - Feeding wild animals for nonhunting purposes.
29.337 - Hunting and trapping by landowners and occupants.
29.341 - Duties on accidental shooting.
29.345 - Hunting, fishing or trapping accident; failure to report.
29.346 - Registration information.
29.347 - Possession of deer and elk; heads and skins.
29.349 - Animals killed by motor vehicles.
29.351 - Skins of fur-bearing animals.
29.354 - Possession of game birds and animals.
29.357 - Transportation; general provisions.
29.361 - Transportation of deer or elk.
29.364 - Transportation of game birds.
29.401 - Possession of fishing equipment.
29.404 - Fishing shanties on ice, regulation.
29.405 - Fishing with bow and arrow or crossbow.
29.407 - Transportation of fish.
29.411 - Cooperation during a fish census.
29.414 - Erection of barriers to exclude rough fish.
29.417 - Permit to take rough fish.
29.421 - Removal of rough fish.
29.424 - Control of detrimental fish.
29.501 - Fur dealers regulated.
29.503 - Wholesale fish dealer license.
29.514 - Outlying water sport trolling licenses.
29.516 - Fishing with nets and setlines.
29.519 - Commercial fishing in outlying waters.
29.522 - Description of nets; use of.
29.523 - Net licenses, Mississippi and St. Croix rivers.
29.526 - Slat net fishing in the Mississippi River.
29.529 - Trammel net fishing in the Mississippi River.
29.531 - Set or bank pole licenses.
29.533 - Setline licenses; inland waters.
29.535 - Shovelnose sturgeon permit.
29.537 - Clams, clamming and commercial clamming.
29.539 - Sale of wild animals.
29.541 - Serving of game to guests.
29.564 - Voluntary contributions; invasive species grants.
29.565 - Voluntary contributions; venison and wild turkey processing and donation program.
29.566 - Collection, retention, and deposit of fees.
29.567 - Voluntary contributions; elk research.
29.591 - Hunter education program and bow hunter education program.
29.592 - Hunting mentorship program.
29.593 - Requirement for certificate of accomplishment to obtain hunting approval.
29.595 - Elk hunter education program.
29.597 - Trapper education program.
29.598 - Outdoors skills training.
29.604 - Endangered and threatened species protected.
29.614 - Scientific collector permit.
29.617 - Public hunting and fishing grounds.
29.624 - Senior citizen recreation card.
29.627 - Domestic fur-bearing animal farms.
29.630 - Raffling lake sturgeon from state fish hatcheries.
29.701 - Propagation of fish; protected wild animals.
29.705 - Propagation of fish; removal of fish.
29.707 - Propagation of fish; department rules.
29.709 - State fish hatcheries.
29.713 - Trespass to state fish hatchery.
29.717 - Trespass on riparian land.
29.733 - Natural waters used in fish farms.
29.734 - Barriers required for fish farms.
29.737 - Permit for private management.
29.738 - Private fishing preserves.
29.739 - Grants for walleye production.
29.740 - Contracts for walleye production.
29.741 - Food in the wild for game birds.
29.749 - Horicon marsh fur farm and dam.
29.753 - Importation of wild elk.
29.875 - Disposal of escaped deer or elk.
29.885 - Removal of wild animals.
29.886 - Management of double-crested cormorants.
29.887 - Wildlife control in urban communities.
29.888 - Wolf depredation program; wolf damage claims.
29.889 - Wildlife damage abatement program; wildlife damage claim program.
29.89 - Venison and wild turkey processing and donation program.
29.921 - Warrants; arrests; police powers.
29.924 - Investigations; searches.
29.934 - Sale of confiscated game and objects.
29.936 - Distribution of fish and game to food distribution services.
29.938 - Use by the department of unclaimed, seized, or confiscated property.
29.941 - Assistance of law enforcement officers.
29.944 - Exemption from liability.
29.947 - Law enforcement aid program; spearfishing.
29.954 - False impersonation of warden.
29.957 - Breaking seals of department.
29.961 - Incorrect information.
29.962 - Worthless checks for approvals.
29.964 - Falsification or illegal possession of approvals.
29.967 - Prohibitions during periods of suspension or revocation.
29.969 - Larceny of wild animals.
29.971 - General penalty provisions.
29.972 - Revocation; failure to comply.
29.973 - Commercial fish reporting system.
29.974 - Penalties; repeaters.
29.977 - Civil actions for damages caused by law violations.
29.981 - Parties to a violation.
29.983 - Wild animal protection surcharges.
29.984 - Commercial fish protection surcharge.
29.985 - Fishing shelter removal surcharge.
29.987 - Natural resources surcharge.
29.989 - Natural resources restitution surcharge.
29.99 - Wildlife violator compact surcharge.