Support AB 291

Dear Sir:
We the people of Wisconsin, Hereby show our full support for the passing of assembly bill 291 into law allowing the Wisconsin department of natural resources to issue annual permits for the panning of gold in the inland and outlying waters of this state.

April 23, 2003 - Introduced by Representatives Pettis, McCormick and Seratti. Referred to Committee on Natural Resources.



Pg1Ln1 An Act to amend 20.370 (4) (bi), 30.20 (1) (a) and 30.20 (1) (b); and to create
Pg1Ln2 30.20 (1m) and 30.28 (3) (c) of the statutes; relating to: the panning for gold,
Pg1Ln3 granting rule-making authority, and making an appropriation.



AB291


Under current law, a person may not remove materials from the bed of a navigable lake or from the bed of any outlying waters without a contract from the Department of Natural Resources (DNR). DNR may enter into a contract to remove materials if the contract contains conditions necessary to protect the public interests. If the contract is with a private party, the state is currently compensated for the materials taken under the contract. Currently, a person may not remove materials
from a navigable stream without a DNR permit, which can only be issued if DNR finds that the issuance of the permit will be consistent with the public interest in the water involved.


AB291


This bill allows DNR to issue annual permits for the panning of gold in the
inland and outlying waters of this state, except for self-sustaining trout streams and other waters of the state that DNR designates by rule as incompatible with gold panning. The bill provides an annual fee of not less than $50 for the permit. A person
who obtains a permit to pan for gold may only pan for gold by the use of a hand-held pan. The bill gives DNR authority to promulgate rules establishing seasons when gold panning is not allowed to protect fish spawning and nursery areas and to regulate the methods of panning for gold to ensure that panning for gold does not materially obstruct navigation or interfere with public rights in navigable waters.





For further information see the state fiscal estimate, which will be printed as an appendix to this bill.


The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:


AB291, s. 1


Pg2Ln1 Section 1. 20.370 (4) (bi) of the statutes is amended to read:



AB291, s. 1 - continued


Pg2Ln2 20.370 (4) (bi) Water regulation and zoning -- fees. From the general fund, all
Pg2Ln3 moneys received under ss. 23.32 (3), 30.20 (1m), 30.28, 31.39 and 281.22 for activities
Pg2Ln4 relating to permits and approvals issued under chs. 30 and 31, water quality
Pg2Ln5 standards under subch. II of ch. 281 and for wetland mapping under s. 23.32.



AB291, s. 2


Pg2Ln6 Section 2. 30.20 (1) (a) of the statutes is amended to read:



AB291, s. 2 - continued


Pg2Ln7 30.20 (1) (a) No Except as provided in sub. (1m), no person may remove any
Pg2Ln8 material from the bed of any navigable lake or from the bed of any outlying waters
Pg2Ln9 of this state without first obtaining a contract as provided in sub. (2).



AB291, s. 3


Pg2Ln10 Section 3. 30.20 (1) (b) of the statutes is amended to read:



AB291, s. 3 - continued


Pg2Ln11 30.20 (1) (b) Except as provided under pars. (c) and (d) and sub. (1m), no person
Pg2Ln12 may remove any material from the bed of any lake or stream not mentioned under
Pg2Ln13 par. (a) without first obtaining a permit from the department under sub. (2) (c).



AB291, s. 4


Pg2Ln14 Section 4. 30.20 (1m) of the statutes is created to read:



AB291, s. 4 - continued


Pg2Ln15 30.20 (1m) Permits for gold panning. The department, upon application, may
Pg2Ln16 issue a person an annual permit to remove material from the bed of any lake or
Pg2Ln17 stream for the panning of gold. The person shall pay an annual fee of $50 for a
Pg2Ln18 gold-panning permit, except that the department, by rule, may increase the fee if the
Pg2Ln19 increase is necessary to meet the costs incurred by the department in acting on the
Pg2Ln20 application for the permit. A person with a permit for the panning of gold may not
Pg2Ln21 pan for gold in a stream or portion of a stream with a self-sustaining population of
Pg3Ln1 trout, designated by the department by rule, or in other waters of the state that the
Pg3Ln2 department designates by rule as incompatible with gold panning. The department
Pg3Ln3 may promulgate rules establishing seasons when gold panning is not allowed in
Pg3Ln4 certain lakes or streams if that activity may affect fish spawning beds or nursery
Pg3Ln5 areas. A person who obtains a permit to pan for gold may only pan for gold by the
Pg3Ln6 use of a hand-held pan and may not use any mechanical panning device. The
Pg3Ln7 department may promulgate rules related to gold panning to ensure that panning
Pg3Ln8 for gold does not materially obstruct navigation or interfere with public rights in
Pg3Ln9 navigable waters.



AB291, s. 5


Pg3Ln10 Section 5. 30.28 (3) (c) of the statutes is created to read:



AB291, s. 5 - continued


Pg3Ln11 30.28 (3) (c) This section does not apply to permits for the panning of gold issued
Pg3Ln12 under s. 30.20 (1m).




Pg3Ln13 (End)