NR 19.90(2)(a) (a) Fish farms and state-owned hatcheries located in or proposed to be located in freeze-out ponds.

NR 19.90(2)(b) (b) Natural bodies of water that were licensed as a private fish hatchery or licensed as a part of a private fish hatchery in 1997.

NR 19.90(2)(c) (c) A freeze-out pond or more than one freeze-out pond that is proposed as a fish farm at the time of application and is located on the same contiguous parcel of property under the same ownership or leasehold.

NR 19.90(2)(d) (d) Bodies of water for which a person was issued a permit under ss. 30.19, 30.195, or 31.04, Stats.

NR 19.90 History History: Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 03-030: renum. from s. NR 16.70 Register October 2003 No. 574, eff. 11-1-03; correction made under s. 13.93 (2m) (b) 1., Stats., Register October 2003 No. 574; CR 13-001: cr. (2) (d) Register August 2013 No. 692, eff. 9-1-13.

NR 19.91 NR 19.91 Definitions. In this subchapter:

NR 19.91(1) (1) “Barrier equipped” means the placement of a structure or device which prevents the movement of fish or bait from a fish farm to a natural body of water.

NR 19.91(1m) (1m) “Department fish hatching and rearing facilities” means all fish hatching and rearing waterbodies owned by the department, or leased or controlled through a cooperative agreement between the property owner and the department and where the department owns all the fish.

NR 19.91(2) (2) “Freeze-out pond” has the meaning specified in s. 29.001 (29), Stats.

NR 19.91(3) (3) “Natural body of water” means any spring, stream, pond, lake, or wetland that was historically present in a natural state but may have been physically altered over time.

NR 19.91(4) (4) “Preexisting fish rearing facility” has the meaning specified in s. 29.001 (64), Stats.

NR 19.91(5) (5) “Transfer of permit” means the conveyance of a permit from one party to another as a result of change in ownership or leasehold interest of a fish farm.

NR 19.91(6) (6) “Wetland” has the meaning specified under s. 23.32, Stats.

NR 19.91 Note Note: For purposes of this subchapter, a natural body of water does not include an artificial wetland, as defined under s. NR 103.02 (1m) or any swale, bermed area or excavation that is not located in a wetland, pond, lake, stream or spring that was historically present in a natural state, if the artificial wetland, swale, bermed area or excavation retains water as the result of human modification of the landscape or is constructed of man-made materials.

NR 19.91 History History: Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 01-128: cr. (1m), am. (3) Register June 2002 No. 558, eff. 7-1-02; CR 03-030: renum. from s. NR 16.71 Register October 2003 No. 574, eff. 11-1-03; correction made under s. 13.93 (2m) (b) 1., Stats., Register October 2003 No. 574; CR 13-001: am. (3) Register August 2013 No. 692, eff. 9-1-13.

NR 19.92 NR 19.92 Natural body of water permit application fees. Permit application fees for the use of natural bodies of water for fish farms shall be as follows:

NR 19.92(1) (1) Permit applicants for the initial use of freeze-out ponds as fish farms shall pay a $500.00 non-refundable permit application fee.

NR 19.92(2) (2) Permit applicants for permit transfers shall pay a non-refundable permit transfer fee of $100.00.

NR 19.92(3) (3) Permit applicants for permit renewals shall pay a non-refundable permit renewal fee of $50.00.

NR 19.92 History History: Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 03-030: renum. from s. NR 16.72 Register October 2003 No. 574, eff. 11-1-03; correction made under s. 13.93 (2m) (b) 1., Stats., Register October 2003 No. 574; CR 13-001: am. (intro.), r. (1), renum. (2) to (1), renum. (3) to (2) and am., cr. (3) Register August 2013 No. 692, eff. 9-1-13.

NR 19.93 NR 19.93 Applicant permit procedures for use of natural bodies of water for fish farms.

NR 19.93(1) (1) The deadline for permits reauthorized under s. 29.733 (2) (b), Stats., was January 1, 2003.

NR 19.93(2) (2) For renewal of permits, the applicant shall submit a new application to the department not more than 16 months before the expiration date of the permit granted under this chapter but not less than 2 months from the expiration date of the permit.

NR 19.93(3) (3) Applications for permits under this subchapter shall include documents verifying all of the following:

NR 19.93(3)(a) (a) The land that is riparian to the body of water is owned, leased or controlled by the owners of the fish farm.

NR 19.93(3)(b) (b) None of the owners of the fish farm or of the riparian lands 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.

NR 19.93(3)(c) (c) Documentation that the natural body of water may be a freeze-out pond or that the natural body of water is a preexisting fish rearing facility that is barrier equipped.

NR 19.93(3)(d) (d) Copies of any other permits or authorization required by ch. 30 or 31, Stats., the Army corps of engineers and any other federal, state or local laws and zoning ordinances.

NR 19.93(3)(e) (e) All applicants shall identify the water source and quantity used for the fish farm and whether there is any discharge to a water of the state.