2005 Wisconsin Act 288

29.519 (6m) Interference with inspections. No licensee commercial fisher, licensed crew member, operator of a vehicle or boat for the licensee commercial fisher, or an employee acting on behalf of the licensee commercial fisher may prohibit entry or , prohibit an inspection to be conducted, fail or refuse to produce any record, or fail or refuse to immediately empty a fish box or container as authorized provided under sub. (6) unless a court restrains or enjoins the entry or inspection. The department may not conduct an inspection or examine a person's records under sub. (6) if such action has been enjoined by court order.

288,49 Section 49. 29.539 (2) of the statutes is amended to read:

29.539 (2) No Except as provided in subs. (3) and (3m), no fish taken by hook and line from outlying waters, except rough fish, may be sold, bartered or traded in any manner.

288,50 Section 50. 29.539 (3) of the statutes is amended to read:

29.539 (3) The eggs from trout and salmon that are not farm-raised fish and that are lawfully taken and possessed under this chapter are exempted from this section if removed from the fish. The whole fish shall be taken to the buyer of the eggs and the eggs removed in the presence of the buyer. The fish carcass shall be legally disposed of as provided under sub. (3m).

288,51 Section 51. 29.539 (3m) of the statutes is created to read:

29.539 (3m) The eggs from trout and salmon that are not farm-raised fish may not be sold or purchased unless the eggs are first removed from the whole fish in the presence of the buyer. The fish carcass shall be legally disposed of. Eggs that are removed in accordance with this subsection may subsequently be sold or purchased without the fish subject to any licensing requirement under s. 29.503.

288,52 Section 52. 29.563 (7) (a) 1. of the statutes is amended to read:

29.563 (7) (a) 1. Outlying waters: $899.25 for the first licensed boat and $899.25 for each additional licensed boat that is listed on a license issued under s. 29.519 (1m).

288,53 Section 53. 29.563 (7) (b) 1. of the statutes is amended to read:

29.563 (7) (b) 1. Outlying waters: $6,499.25 for the first licensed boat and $6,499.25 for each additional licensed boat that is listed on a license issued under s. 29.519 (1m).

288,54 Section 54. 29.563 (7) (c) 1. of the statutes is amended to read:

29.563 (7) (c) 1. Outlying waters license transfers under s. 29.519 (2) (d): $25 $50.

288,55 Section 55. 29.924 (4) of the statutes is amended to read:

29.924 (4) Access to storage places. The owner or occupant of any cold-storage warehouse or building used for the storage or retention of wild animals, or their carcasses, that are subject to regulation under this chapter shall permit the department and its wardens to enter and examine the premises subject to s. 66.0119. The owner or occupant, or the agent or employee of the owner or occupant, shall deliver to the officer any such wild animal or carcass, in his or her possession during the closed season the warehouse or building, that the officer has reasonable cause to believe is possessed or was taken in violation of the law, whether taken within or without the state. The owner or occupant, or the agent or employee of the owner or occupant, shall permit the department to examine and copy any record pertaining to the storage or retention of any wild animal either when the owner, occupant, agent, or employee is present or upon 24 hours' notice.

288,56 Section 56. 29.931 (2) (am) of the statutes is created to read:

29.931 (2) (am) If the department or its wardens seize any net or similar fishing device under par. (a), the owner shall reimburse the department for all costs associated with the seizure within 20 days after the department gives written notice to the owner of the owner's obligation to reimburse the department. The notice shall include the amount of the costs required to be reimbursed by the owner. If the owner does not reimburse the department as required under this paragraph, the owner shall forfeit not more than $1,000 in addition to the costs of reimbursement. All reimbursement costs collected under this paragraph shall be credited to the appropriation under s. 20.370 (3) (mi).

288,57 Section 57. 29.971 (1) (b) of the statutes is amended to read:

29.971 (1) (b) For having taking, transporting, acquiring, selling, purchasing, or possessing, or attempting to take, acquire, transport, sell, purchase, or possess, any fish in his or her possession, or failing to comply with any record-keeping requirement for fish, in violation of this chapter and the that has a value of the fish under par. (d) exceeds exceeding $300 but does not exceed exceeding $1,000, by a fine of not less than $1,000 nor more than $5,000 or imprisonment for not more than 30 days or both.

288,58 Section 58. 29.971 (1) (c) of the statutes is amended to read:

29.971 (1) (c) A person having taking, transporting, acquiring, selling, purchasing, or possessing, or attempting to take, acquire, transport, sell, purchase, or possess, any fish in his or her possession, or failing to comply with any record-keeping requirement for fish, in violation of this chapter is guilty of a Class I felony if the value of the fish under par. (d) exceeds $1,000.

288,59 Section 59. 29.971 (1) (d) of the statutes is renumbered 29.971 (1) (d) 2. and amended to read:

29.971 (1) (d) 2. Salmon, trout, and noncommercial game fish shall be valued for the purposes of pars. (b) and (c) on a per fish per-fish basis according to the dollar amounts specified under s. 29.977 (1) (a) and (i) to (L).

3. Other species of commercial fish shall be valued on a per fish basis according to the current average wholesale value. In this paragraph, "average wholesale value" means the average price received by producers on the date of the violation for fish in the form of the violative fish per-pound basis according to the average wholesale value of the fish. The department shall determine the average wholesale value of the fish by averaging the price received by 3 different wholesale fish dealers in this state for that species of fish on or about the date of the violation.

288,60 Section 60. 29.971 (1) (d) 1. and 4. of the statutes are created to read:

29.971 (1) (d) 1. In this paragraph, "average wholesale value" means the average purchase price paid by wholesale fish dealers on the date of a violation of this chapter as determined by the department after obtaining price information from 3 wholesale fish dealers in this state.

4. For purposes of making charging and penalty determinations under pars. (b) and (c), the value of fish from multiple violations committed by the same person in any 12-month period may be aggregated.

288,61 Section 61. 29.971 (1) (e) of the statutes is amended to read:

29.971 (1) (e) Any person holding an approval issued under this chapter, upon his or her 2nd conviction within a 3-year period for violations of this chapter relating to possessing illegal fish, fishing with illegal gear, fishing in closed areas or refuges, fishing during a closed season, violation of quota fisheries or false reporting shall have all of his or her fishing and fish dealing licenses revoked and no fishing or fish dealing license may be issued to the person for at least one year after the date of conviction. During In addition to any other penalty under this section, during the period of revocation for 2 convictions under pars. (b) or (c) or a combination of 2 convictions under pars. (b) and (c) time that a person's commercial fishing license is revoked under sub. (12), the person may not engage in fishing on the water or ice in any manner, operate or assist in the operation of fishing gear or engage in the sale or transportation of fish. Any person holding a license under s. 29.519 (1) (1m) who has that license revoked under this paragraph, sub. (12) may apply for that license for that part of the license year following the period of revocation which is at least one year after the date of conviction and the department shall issue that license if all licensing criteria are met. The revoked license may not be issued to another person during the period of revocation.

288,62 Section 62. 29.971 (5) of the statutes is amended to read:

29.971 (5) For violation of s. 29.539, except s. 29.539 (3m), by a fine of not less than $1,000 nor more than $2,000 or imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 5 years.

288,63 Section 63. 29.972 of the statutes is created to read:

29.972 Commercial fish reporting system. The department shall establish and maintain a commercial fish reporting system under which the department shall establish specific reporting or record-keeping requirements that apply to all of the following:

(1) Any person who has committed a certain number of violations of subch. VI, as determined by the department.

(2) Any person who holds a license issued under s. 29.519 (1m), and who is convicted of harvesting more than 1,000 pounds of fish above their annual quota, failing to report over 2,000 pounds of catch during a 12-month period, fishing during the closed season, or possessing 200 or more pounds of fish in violation of this chapter.

288,64 Section 64. 29.984 of the statutes is created to read:

29.984 Commercial fish protection surcharge. (1) Levy of commercial fish protection surcharge. (a) If a court imposes a fine or forfeiture under s. 29.971 for the unlawful killing, catching, taking, transporting, sale, or possession of Great Lakes fish in violation of s. 29.503, or of fish in violation of s. 29.514 or 29.519, or for failing to comply with any record-keeping requirement for fish in violation of s. 29.503, 29.514, or 29.519, the court may impose a commercial fish protection surcharge that equals the amount specified for the fish under par. (b) or (bg).

(b) Except as provided in par. (bg), the amount of the commercial fish protection surcharge shall be as follows:

1. For any commercial fish, as determined by the department, an amount equal to the average wholesale value of the fish on the date of the violation. The department shall determine the average wholesale value of the fish by determining the wholesale value of such fish purchased by 3 different wholesale fish dealers in this state on or about the date of the violation.

2. For salmon, trout, and noncommercial game fish, an amount equal to the amount specified in s. 29.983 (1) (b) 9. to 12.

(bg) For a fine imposed under s. 29.971 (1) (b) or (c), the amount of the commercial fish protection surcharge shall be an amount equal to 3 times the average wholesale value of the fish. The department shall determine the average wholesale value of the fish by averaging the price received by 3 different wholesale fish dealers in this state for that species of fish on or about the date of the violation.

(c) If a fine or forfeiture is suspended in whole or in part, the commercial fish protection surcharge shall be reduced in proportion to the suspension unless the court directs otherwise.

(e) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the commercial fish protection surcharge required under this section. If the deposit is forfeited, the amount of the commercial fish protection surcharge shall be transmitted to the state treasurer under par. (f). If the deposit is returned, the commercial fish protection surcharge shall also be returned.

(f) The clerk of court shall collect and transmit to the county treasurer the commercial fish protection surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the commercial fish protection surcharge in the conservation fund.

(2) Use of commercial fish protection surcharge funds. All moneys collected from commercial fish protection surcharges shall be credited to the appropriation under s. 20.370 (4) (kr).

288,65 Section 65. 29.987 (1) (a) of the statutes is amended to read:

29.987 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter, other than for a violation specified under s. 29.99 (1) (a), the court shall impose a natural resources surcharge under ch. 814 equal to 75% 75 percent of the amount of the fine or forfeiture.

288,66 Section 66. 29.99 of the statutes is created to read:

29.99 Great Lakes resource surcharge. (1) Levy of Great Lakes resource surcharge. (a) If a court imposes a fine or forfeiture for a violation of s. 29.503 involving Great Lakes fish or for a violation of s. 29.514 or 29.519, the court shall impose a Great Lakes resource surcharge equal to 75 percent of the amount of the fine or forfeiture.

(b) If a fine or forfeiture is suspended in whole or in part, the Great Lakes resource surcharge shall be reduced in proportion to the suspension.

(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the Great Lakes resource surcharge prescribed in this section. If the deposit is forfeited, the amount of the Great Lakes resource surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the Great Lakes resource surcharge shall also be returned.

(d) The clerk of the court shall collect and transmit to the county treasurer the Great Lakes resource surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the Great Lakes resource surcharge in the conservation fund.

(2) Use of Great Lakes resource surcharge funds. All moneys collected from Great Lakes resource surcharges shall be credited to the appropriation under s. 20.370 (4) (kr).

288,67 Section 67. 29.991 of the statutes is created to read:

29.991 Fishing net removal surcharge. (1) Levy of fishing net removal surcharge. (a) If a court imposes a forfeiture under s. 29.931 (2) (am) for failure to reimburse the department for costs associated with the seizure of a net or similar fishing device under s. 29.931 (2) (a), the court shall impose a fishing net removal surcharge in an amount equal to the sum of those costs plus an amount equal to 75 percent of the amount of the forfeiture.

(b) If the forfeiture is suspended in whole or in part, the fishing net removal surcharge shall be reduced in proportion to the suspension.

(c) The clerk of the court shall collect and transmit to the county treasurer the fishing net removal surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2.

(2) Deposit of fishing net removal surcharge funds. All moneys collected from fishing net removal surcharges shall be deposited in the conservation fund.

288,68 Section 68. 30.51 (2) (c) 2. of the statutes is amended to read:

30.51 (2) (c) 2. A federally documented vessel which is a commercial fishing boat licensed operated under a license issued under s. 29.519.

288,69 Section 69. 814.75 (1) of the statutes is renumbered 814.75 (1m).

288,70 Section 70. 814.75 (1g) of the statutes is created to read:

814.75 (1g) The commercial fish protection surcharge under s. 29.984.

288,71 Section 71. 814.75 (12n) of the statutes is created to read:

814.75 (12n) The fishing net removal surcharge under s. 29.991.

288,72 Section 72. 814.75 (13m) of the statutes is created to read:

814.75 (13m) The Great Lakes resource surcharge under s. 29.99.

288,73 Section 73. 814.76 (1) of the statutes is renumbered 814.76 (1m).

288,74 Section 74. 814.76 (1g) of the statutes is created to read:

814.76 (1g) The commercial fish protection surcharge under s. 29.984.

288,75 Section 75. 814.76 (10m) of the statutes is created to read:

814.76 (10m) The Great Lakes resource surcharge under s. 29.99.

288,76 Section 76. 814.77 (1) of the statutes is renumbered 814.77 (1m).

288,77 Section 77. 814.77 (1g) of the statutes is created to read:

814.77 (1g) The commercial fish protection surcharge under s. 29.984.

288,78 Section 78. 814.77 (5m) of the statutes is created to read:

814.77 (5m) The fishing net removal surcharge under s. 29.991.

288,79 Section 79. 814.77 (6m) of the statutes is created to read:

814.77 (6m) The Great Lakes resource surcharge under s. 29.99.

288,80 Section 80. Nonstatutory provisions.

(1) The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection shall remain in effect until the date on which permanent rules take effect. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

288,81 Section 81. Effective date.

(1) This act takes effect on July 1, 2005, or on the day after publication, whichever is later.