AB581: Bill Text

LRB-0707/1

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2005 - 2006 LEGISLATURE

2005 Assembly BILL 581

July 27, 2005 - Introduced by Representatives Bies, Hines, Kaufert, Krawczyk, McCormick, Ott, Petrowski, Townsend and Van Roy, cosponsored by Senator A. Lasee, by request of Department of Natural Resources. Referred to Committee on Natural Resources.

AB581,2,12 An Act to repeal 29.407 (2) (c), 29.503 (5) (b), 29.519 (4m) (e) and 29.519 (5) (d); to renumber 814.75 (1), 814.76 (1) and 814.77 (1); to renumber and amend 29.407 (2) (b), 29.503 (4) (d), 29.519 (1) and 29.971 (1) (d); to amend 29.407 (2) (a), 29.503 (1) (b), 29.503 (1) (e), 29.503 (4) (title), 29.503 (4) (a), 29.503 (4) (b), 29.503 (5) (title), 29.503 (5) (a), 29.503 (6) (b) 2., 29.503 (6) (c), 29.503 (7), 29.519 (2) (d), 29.519 (2) (f), 29.519 (2) (fm), 29.519 (4) (a), 29.519 (4m) (a), 29.519 (4m) (c) (intro.), 29.519 (5) (a), 29.519 (5) (b), 29.519 (5) (c), 29.519 (6) (intro.), 29.519 (6) (a), 29.519 (6) (b), 29.519 (6m), 29.539 (2), 29.539 (3), 29.563 (7) (a) 1., 29.563 (7) (b) 1., 29.563 (7) (c) 1., 29.924 (4), 29.971 (1) (b), 29.971 (1) (c), 29.971 (1) (e), 29.971 (5), 29.987 (1) (a) and 30.51 (2) (c) 2.; and to create 20.370 (4) (kr), 29.001 (41m), 29.407 (2) (b) 1., 29.503 (1) (cm), 29.503 (4) (d) 2., 29.503 (4) (d) 3., 29.503 (4) (e), 29.503 (5) (br), 29.503 (5) (c), 29.503 (5) (d), 29.503 (6) (am), 29.519 (1b), 29.519 (2) (e), 29.519 (5) (dm), 29.519 (5m), 29.519 (6) (c), 29.519 (6g), 29.539 (3m), 29.931 (2) (am), 29.971 (1) (d) 1. and 4., 29.972, 29.984, 29.99, 29.991, 814.75 (1g), 814.75 (12n), 814.75 (13m), 814.76 (1g), 814.76 (10m), 814.77 (1g), 814.77 (5m) and 814.77 (6m) of the statutes; relating to: licensing, vehicle identification, and record-keeping requirements for wholesale fish dealers and commercial fishers, inspections of wholesale fish dealer and commercial fisher records and premises, commercial fishing boats, periods when a commercial fisher may fish on the waters of Green Bay, the sale and purchase of eggs from certain trout and salmon, commercial fishing approval fees, seizure of certain fishing devices, access to places used to store or retain wild animals, establishing a commercial fish reporting system, imposing certain surcharges, providing an exemption from emergency rule procedures, extending the time limit for emergency rule procedures, making an appropriation, and providing penalties.

Analysis by the Legislative Reference Bureau

This bill makes various changes to the laws regulating commercial fishing.

Record-keeping requirements.

Under current law, wholesale fish dealers and commercial fishers must be licensed by the Department of Natural Resources (DNR). Current law contains certain record-keeping requirements for these wholesale fish dealers and commercial fishers. This bill makes certain changes to those requirements including the following:

1. Under current law, commercial fishers must keep a record of daily fishing activities. Wholesaler fish dealers must keep records of all fish purchased or obtained by the wholesale fish dealer. Both commercial fishers and wholesale fish dealers must also, on a monthly basis, provide reports to DNR. This bill eliminates the monthly reporting requirement. It also specifies that a wholesale fish dealer, in addition to keeping records of all fish purchased or obtained by the dealer, must also keep records of all fish sold, possessed, or disposed of by the dealer and requires that the records be legible and written in the English language.

2. This bill establishes an annual inventory requirement for commercial fishers and wholesale fish dealers who possess or control certain kinds of fish. The bill requires that the inventory include the weight, species, condition, and location of the fish.

3. The bill specifies that wholesale fish dealers and commercial fishers must retain records for five years and must notify DNR annually of the location of those records. It also requires that upon the request of a commercial fisher or wholesale fish dealer, DNR must keep certain fishing records confidential, unless they are used for the purposes of an investigation, enforcement action, or for certain statistical purposes.

4. The bill prohibits wholesale fish dealers from possessing or transporting fish for which there is no record or inventory as required under the law.

5. Current law requires that DNR provide forms for records that commercial fishers must keep concerning daily fishing activities and disposition of landed catch. This bill eliminates the requirement that DNR provide these forms.

6. The bill requires that if DNR requests that a commercial fisher or a wholesaler fish dealer produce certain fishing records for inspection or copying, the person must provide those records within 24 hours of DNR's request. If a wholesale fish dealer is convicted for failing to produce those records, DNR may not issue a license to that dealer or renew his or her license for a period of one year following the conviction.

7. Current law requires the owner or occupant of a building used for the storage or retention of wild animals or their carcasses to permit DNR to enter and examine the building. This bill also requires the owner or occupant to permit DNR to examine and copy any record pertaining to that wild animal either when the owner or occupant is present or upon 24 hours' notice.

Surcharges.

This bill also creates three surcharges that apply to the violation of certain laws regulating commercial fishers and wholesale fish dealers.

1. The bill establishes a commercial fish protection surcharge. Under the bill, if a court imposes a fine or forfeiture for the unlawful killing, sale, or possession of certain fish or for the failure to comply with record-keeping requirements, the court must impose a commercial fish protection surcharge. The amount of the surcharge varies depending on the type of fish involved and the nature of the violation. The moneys collected from the surcharge must be used for research relating to Great Lakes fish.

2. The bill also establishes a Great Lakes resource surcharge. Under the bill, if a court imposes a fine or forfeiture for a violation of the laws regulating wholesale fish dealers and the violation involves Great Lakes fish or if a court imposes a fine or forfeiture for a violation of certain other laws relating to sport trolling and commercial fishing in outlying waters, the court must impose a Great Lakes resource surcharge equal to 75 percent of the amount of the fine or forfeiture. As with the commercial fish protection surcharge, the moneys collected from the Great Lakes resource surcharge must be used for research relating to Great Lakes fish.

3. Under current law, DNR may seize a vehicle, boat, or object that is a public nuisance or that DNR has probable cause to believe is being used in violation of certain fish and game laws. Under this bill, if a court imposes a forfeiture for failure to reimburse DNR for costs associated with the seizure of a net or similar fishing device, the court must 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.

Penalties.

This bill provides that if DNR seizes any net or similar fishing device that is used in violation of the law, the owner must reimburse DNR for all costs associated with the seizure. If the owner does not reimburse DNR, the owner must forfeit not more than $1,000 in addition to the costs of reimbursement.

Under current law, a person who has fish in his or her possession in violation of the law that has a value exceeding $300 may be fined not more than $5,000 or imprisoned for not more than 30 days or both. This bill establishes a minimum fine that may be imposed of $1,000. Under the bill, this same penalty also applies if a person fails to comply with any record-keeping requirement for fish that has a value that exceeds $300.

Other.

This bill makes certain other changes to the laws regulating commercial fishing, including the following:

1. Under current law, for the purposes of the regulation of wholesale fish dealers, the term "fish" does not specifically include fish eggs. This bill provides that the term "fish" includes fish eggs.

2. Under current law, with certain exceptions, a wholesale fish dealer is defined as a person who buys, barters, sells, or solicits fish. This bill specifies that a wholesale fish dealer includes a person who obtains or processes fish.

3. Under current law, a wholesale fish dealer may not sell, buy, or transport a lake trout unless it is tagged with a commercial fish tag issued by DNR. This bill eliminates the requirement that the fish be tagged and instead requires that the fish be identified in the manner required by DNR.

4. Current law specifies that a wholesale fish dealer or producer of fish may not transport fish unless the fish package or box contains certain information. This bill requires instead that the package, box, or container be accompanied by a bill of lading or invoice and specifies the information that must be contained on the bill of lading or invoice.

5. The bill prohibits a wholesale fish dealer from transporting any fish in a vehicle unless the ownership of the vehicle is marked as required by DNR.

6. Current law allows a commercial fisher to fish by trawl for the total allowable commercial harvest of smelt on the waters of Green Bay at any time during the period beginning one hour after sunset and ending three hours after sunrise under if the smelt will be used or sold for human consumption and the fishing occurs in the areas and during the season established by DNR. The bill authorizes such fishing at any time during nighttime. The bill also eliminates the requirement that DNR establish by rule a harvest limit for alewife on the waters of Green Bay and Lake Michigan.

7. Current law prohibits a person from selling, buying, or trading certain animals, including game fish unless expressly provided by law. This prohibition does not apply to eggs from trout and salmon that are not farm-raised fish if the eggs are removed from the fish. This bill clarifies that the eggs may be sold or purchased without the fish if the eggs are first removed from the fish in the presence of the buyer.

8. The bill increases the fee for the transfer of an outlying waters commercial fishing license from $25 to $50.

9. The bill requires DNR to establish and maintain a commercial fish reporting system under which DNR must establish specific reporting or record-keeping requirements that apply only to certain persons who violate the commercial fishing laws.

For further information see the state and local 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:

AB581, s. 1 Section 1. 20.370 (4) (kr) of the statutes is created to read:

AB581,5,5 20.370 (4) (kr) Commercial fish protection and Great Lakes resource surcharges. All moneys received from commercial fish protection surcharges under s. 29.984 and from Great Lakes resource surcharges under s. 29.99 for research relating to Great Lakes fish.

AB581, s. 2 Section 2. 29.001 (41m) of the statutes is created to read:

AB581,5,8 29.001 (41m) "Great Lakes fish" means lake trout, siscowet, whitefish, chubs, yellow perch, menominee, lake herring, smelt, alewife, and burbot.

AB581, s. 3 Section 3. 29.407 (2) (a) of the statutes is amended to read:

AB581,5,13 29.407 (2) (a) No person may transport or cause to be transported, or deliver or receive or offer to deliver or receive for transportation, any game fish taken from outlying waters unless the person complies with all applicable requirements under pars. (b) to and (d).

AB581, s. 4 Section 4. 29.407 (2) (b) of the statutes is renumbered 29.407 (2) (b) 2. and amended to read:

AB581,6,3 29.407 (2) (b) 2. No green fresh fish of any variety except lawfully taken suckers may be shipped from any port located on outlying waters during the closed season for the fish, except the first 3 days of the closed season.

AB581, s. 5 Section 5. 29.407 (2) (b) 1. of the statutes is created to read:

AB581,6,6 29.407 (2) (b) 1. In this paragraph, "fresh fish" means any fish that has not been frozen or smoked.