(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.
