30.07 Transportation of aquatic plants and animals; placement of objects in navigable waters.

669 words·~3 min read·/wi/chapter-30/30-07

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section:

(a)“Aquatic animal” means any animal that lives or grows only in water during any life state and includes that animal’s eggs, larvae, or young.

(b)“Aquatic plant” means a submergent, emergent, floating-leaf, or free-floating plant or any part thereof. “Aquatic plant” does not mean wild rice.

(c)“Highway” has the meaning given in s. 340.01

(22), except that it does not include public boat access sites or parking areas for public boat access sites.

(d)“Law enforcement officer” has the meaning given in s. 30.50

(4s).

(e)“Local governmental unit” means a city, village, town, or county; a special purpose district in this state; an agency or corporation of a city, village, town, county, or special purpose district; or a combination or subunit of any of the foregoing.

(f)“Public boat access site” means a site that provides access to a navigable water for boats and that is open to the general public for free or for a charge or that is open only to certain groups of persons for a charge.

(g)“Vehicle” has the meaning given in s. 340.01

(74), but includes an all-terrain vehicle, as defined in s. 340.01

(2g).

(a)No person may place or operate a vehicle, seaplane, watercraft, or other object of any kind in a navigable water if it has any aquatic plants or aquatic animals attached to the exterior of the vehicle, seaplane, watercraft, or other object. This paragraph does not require a person to remove aquatic plants or aquatic animals from a vehicle, seaplane, watercraft, or other object during the period of time when the vehicle, seaplane, watercraft, or other object is being operated in the same navigable body of water in which the aquatic plants or aquatic animals became attached.

(b)No person may take off with a seaplane, or transport or operate a vehicle, watercraft, or other object of any kind on a highway with aquatic plants or aquatic animals attached to the exterior of the seaplane, vehicle, watercraft, or other object.

(3)A law enforcement officer who has reason to believe that a person is in violation of sub.

(2)may order the person to do any of the following:

(a)Remove aquatic plants or aquatic animals from a vehicle, seaplane, watercraft, or other object of any kind before placing it in a navigable water.

(b)Remove aquatic plants or aquatic animals from a seaplane before taking off with the seaplane.

(c)Remove from, or not place in, a navigable water, a vehicle, seaplane, watercraft, or other object of any kind.

(d)Not take off with a seaplane, or transport or operate a vehicle, watercraft, or other object of any kind on a highway.

(4)Subsection

(2)does not prohibit a person from doing any of the following:

(am)Transporting or operating commercial aquatic plant harvesting equipment that has aquatic plants or animals attached to the exterior of the equipment if the equipment is owned or operated by a local governmental unit, if the equipment is being transported or operated for the purpose of cleaning the equipment to remove aquatic plants or animals, and if the person transports the equipment to, or operates the equipment at, a suitable location away from any body of water.

(b)Transporting or operating a vehicle, seaplane, watercraft, or other object of any kind with duckweed that is incidentally attached to the exterior of the vehicle, seaplane, watercraft, or other object.

(a)The department shall prepare a notice that contains a summary of the provisions under this section and shall make copies of the notice available to owners required to post the notice under par.

(b).

(b)Each owner of a public boat access site shall post and maintain the notice described in par.

(a).

(6)No person may refuse to obey the order of a law enforcement officer who is acting under sub.

(3).