Section 19.94. Department determinations.

 

(1)  The department shall issue a permit for use of a natural body of water as a fish farm or as a part of a fish farm if all requirements of this subchapter have been met and 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 adversely impacted. Among the factors considered, the following are indicative of public rights and interests including but not limited to:

(a) Plant and wild animal habitat or plant and wild animal populations.

(b) Threatened or endangered species or their habitat.

(c) Water quality related functional values or uses of wetlands identified in s. NR 103.03 .

(d) Surface water quality standards identified in chs. NR 102 , 104 , 105 , 106 and 107 and minimum water quantity requirements identified in s. 31.02 , Stats.

(e) The public's right to navigate and associated incidents to navigation including fishing, swimming, wading and canoeing.

(2)  Fish farms may not introduce or propagate any non-native fish species if the department has determined that having the fish in that particular self-contained fish rearing facility or preexisting fish rearing facility will pose a risk of being detrimental to the waters of the state.

(3)  Physical improvements or modifications to natural bodies of water used as fish farms shall comply with all federal, state and local laws and ordinances.

(4)  Permits approved under this subchapter may be transferred to another party if the department determines that all conditions of this subchapter and s. 29.733 , Stats., have been satisfied.

(5)  The department shall issue or renew a permit issued under s. 29.733 (2) (a) and (b) , Stats., for use of a natural body of water as a fish farm or any part of a fish farm in a natural body of water unless the department determines there has been a substantial adverse change affecting one or more of the criteria specified in subs. (1) (a) to (e) , (2) , or (3) , or s. 29.734 , Stats., resulting from the operation of the fish farm. The department shall consider the historical condition of the natural water body prior to the presence and operation of the fish farm as part of their permit renewal decision.

(6)  The department shall deny a permit for use of a natural body of water as a fish farm or as part of a fish farm if the requirements of this subchapter have not been met.

(6m)  A single permit shall be issued for multiple natural bodies of water located on the same contiguous parcel of property under the same ownership or leasehold.

(7)  Upon receipt of a complete permit application, the department shall post notice of every application submitted to the department on the department's Internet Web site. The department may schedule a hearing or provide notice stating that it will proceed on the application without a hearing if no substantive written objections to issuance of the permit is received within 30 days after publication or notice. The notice may be provided to news media and other persons according to the procedures in s. NR 27.07 (1) (b) and (c) . The department may provide notice to other persons as it deems appropriate. The department will assume the cost of publishing the notice.

Cr. Register, April, 1999, No. 520 , eff. 5-1-99; CR 01-128 : r. and recr. (5), cr. (6m) Register June 2002 No. 558 , eff. 7-1-02; CR 03-030 : renum. from s. NR 16.74 Register October 2003 No. 574 , eff. 11-1-03; corrections made under s. 13.93 (2m) (b) 1. and 7., Stats., Register October 2003 No. 574 ; CR 13-001 : am. (5), (7) Register August 2013 No. 692 , eff. 9-1-13.

Note

Under this paragraph, historical conditions refer to known uses of the natural body of water prior to the inception of the fish farm. Microsoft Windows NT 6.1.7601 Service Pack 1