Public-domain · open source
OpenJurist

Wis. Stat. § 23.22

Invasive species

Showing this section's text as in effect on January 1, 2003 (in force January 1, 2003 – January 1, 2005). View current text →

(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.

(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 classify invasive species for purposes of the program. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (a) .

(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 50% 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) . From the appropriation under s. 20.370 (6) (ar) , the department shall make available in each fiscal year at least $500,000 for cost-sharing grants to be awarded to local governmental units for the control of invasive species that are aquatic species.

(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 a native 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 50% 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.

(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 July 1 of each even-numbered year. The first biennial report shall be submitted no later than July 1, 2004. Each report shall cover the 24-month period ending on the March 31 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 July 1 of each odd-numbered year. The first interim performance report shall be submitted no later than July 1, 2005. Each interim performance report shall cover the 12-month period ending on the March 31 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.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.