AB581, s. 56
25Section
56. 29.931 (2) (am) of the statutes is created to read:
AB581,21,9
129.931
(2) (am) If the department or its wardens seize any net or similar fishing
2device under par. (a), the owner shall reimburse the department for all costs
3associated with the seizure within 20 days after the department gives written notice
4to the owner of the owner's obligation to reimburse the department. The notice shall
5include the amount of the costs required to be reimbursed by the owner. If the owner
6does not reimburse the department as required under this paragraph, the owner
7shall forfeit not more than $1,000 in addition to the costs of reimbursement. All
8reimbursement costs collected under this paragraph shall be credited to the
9appropriation under s. 20.370 (3) (mi).
AB581, s. 57
10Section
57. 29.971 (1) (b) of the statutes is amended to read:
AB581,21,1711
29.971
(1) (b) For
having taking, transporting, acquiring, selling, purchasing,
12or possessing, or attempting to take, acquire, transport, sell, purchase, or possess,
13any fish
in his or her possession, or failing to comply with any record-keeping
14requirement for fish, in violation of this chapter
and the that has a value
of the fish 15under par. (d)
exceeds exceeding $300 but
does not
exceed exceeding $1,000, by a fine
16of not
less than $1,000 nor more than $5,000 or imprisonment for not more than 30
17days or both.
AB581, s. 58
18Section
58. 29.971 (1) (c) of the statutes is amended to read:
AB581,21,2319
29.971
(1) (c) A person
having taking, transporting, acquiring, selling,
20purchasing, or possessing, or attempting to take, acquire, transport, sell, purchase,
21or possess, any fish
in his or her possession, or failing to comply with any
22record-keeping requirement for fish, in violation of this chapter is guilty of a Class
23I felony if the value of the fish under par. (d) exceeds $1,000.
AB581, s. 59
24Section
59. 29.971 (1) (d) of the statutes is renumbered 29.971 (1) (d) 2. and
25amended to read:
AB581,22,3
129.971
(1) (d) 2. Salmon, trout
, and noncommercial game fish shall be valued
2for the purposes of pars. (b) and (c) on a
per fish
per-fish basis according to the dollar
3amounts specified under s. 29.977 (1) (a) and (i) to (L).
AB581,22,10
43. Other species of commercial fish shall be valued on a
per fish basis according
5to the current average wholesale value. In this paragraph, "average wholesale
6value" means the average price received by producers on the date of the violation for
7fish in the form of the violative fish per-pound basis according to the average
8wholesale value of the fish. The department shall determine the average wholesale
9value of the fish by averaging the price received by 3 different wholesale fish dealers
10in this state for that species of fish on or about the date of the violation.
AB581, s. 60
11Section
60. 29.971 (1) (d) 1. and 4. of the statutes are created to read:
AB581,22,1512
29.971
(1) (d) 1. In this paragraph, "average wholesale value" means the
13average purchase price paid by wholesale fish dealers on the date of a violation of this
14chapter as determined by the department after obtaining price information from 3
15wholesale fish dealers in this state.
AB581,22,1816
4. For purposes of making charging and penalty determinations under pars.
17(b) and (c), the value of fish from multiple violations committed by the same person
18in any 12-month period may be aggregated.
AB581, s. 61
19Section
61. 29.971 (1) (e) of the statutes is amended to read:
AB581,23,1120
29.971
(1) (e)
Any person holding an approval issued under this chapter, upon
21his or her 2nd conviction within a 3-year period for violations of this chapter relating
22to possessing illegal fish, fishing with illegal gear, fishing in closed areas or refuges,
23fishing during a closed season, violation of quota fisheries or false reporting shall
24have all of his or her fishing and fish dealing licenses revoked and no fishing or fish
25dealing license may be issued to the person for at least one year after the date of
1conviction. During In addition to any other penalty under this section, during the
2period of
revocation for 2 convictions under pars. (b) or (c) or a combination of 2
3convictions under pars. (b) and (c) time that a person's commercial fishing license is
4revoked under sub. (12), the person may not engage in fishing on the water or ice in
5any manner, operate or assist in the operation of fishing gear or engage in
the sale
6or transportation of fish. Any person holding a license under s. 29.519
(1) (1m) who
7has that license revoked under
this paragraph, sub. (12) may apply for that license
8for that part of the license year following the period of revocation
which is at least
9one year after the date of conviction and the department shall issue that license if
10all licensing criteria are met. The revoked license may not be issued to another
11person during the period of revocation.
AB581, s. 62
12Section
62. 29.971 (5) of the statutes is amended to read:
AB581,23,1813
29.971
(5) For violation of s. 29.539,
except s. 29.539 (3m), by a fine of not less
14than $1,000 nor more than $2,000 or imprisonment for not more than 6 months or
15both. In addition, the court shall order the revocation of all hunting and sport fishing
16approvals issued to the person under this chapter and shall prohibit the issuance of
17any new hunting or sport fishing approvals under this chapter to the person for 5
18years.
AB581, s. 63
19Section
63. 29.972 of the statutes is created to read:
AB581,23,23
2029.972 Commercial fish reporting system. The department shall establish
21and maintain a commercial fish reporting system under which the department shall
22establish specific reporting or record-keeping requirements that apply to all of the
23following:
AB581,23,25
24(1) Any person who has committed a certain number of violations of subch. VI,
25as determined by the department.
AB581,24,4
1(2) Any person who holds a license issued under s. 29.519 (1m), and who is
2convicted of harvesting more than 1,000 pounds of fish above their annual quota,
3failing to report over 2,000 pounds of catch during a 12-month period, fishing during
4the closed season, or possessing 200 or more pounds of fish in violation of this chapter.
AB581, s. 64
5Section
64. 29.984 of the statutes is created to read:
AB581,24,12
629.984 Commercial fish protection surcharge. (1) Levy of commercial
7fish protection surcharge. (a) If a court imposes a fine or forfeiture under s. 29.971
8for the unlawful killing, catching, taking, transporting, sale, or possession of Great
9Lakes fish in violation of s. 29.503, or of fish in violation of s. 29.514 or 29.519, or for
10failing to comply with any record-keeping requirement for fish in violation of s.
1129.503, 29.514, or 29.519, the court may impose a commercial fish protection
12surcharge that equals the amount specified for the fish under par. (b) or (bg).
AB581,24,1413
(b) Except as provided in par. (bg), the amount of the commercial fish protection
14surcharge shall be as follows:
AB581,24,1915
1. For any commercial fish, as determined by the department, an amount equal
16to the average wholesale value of the fish on the date of the violation. The
17department shall determine the average wholesale value of the fish by determining
18the wholesale value of such fish purchased by 3 different wholesale fish dealers in
19this state on or about the date of the violation.
AB581,24,2120
2. For salmon, trout, and noncommercial game fish, an amount equal to the
21amount specified in s. 29.983 (1) (b) 9. to 12.
AB581,25,222
(bg) For a fine imposed under s. 29.971 (1) (b) or (c), the amount of the
23commercial fish protection surcharge shall be an amount equal to 3 times the
24average wholesale value of the fish. The department shall determine the average
1wholesale value of the fish by averaging the price received by 3 different wholesale
2fish dealers in this state for that species of fish on or about the date of the violation.
AB581,25,53
(c) If a fine or forfeiture is suspended in whole or in part, the commercial fish
4protection surcharge shall be reduced in proportion to the suspension unless the
5court directs otherwise.
AB581,25,116
(e) If any deposit is made for an offense to which this section applies, the person
7making the deposit shall also deposit a sufficient amount to include the commercial
8fish protection surcharge required under this section. If the deposit is forfeited, the
9amount of the commercial fish protection surcharge shall be transmitted to the state
10treasurer under par. (f). If the deposit is returned, the commercial fish protection
11surcharge shall also be returned.
AB581,25,1612
(f) The clerk of court shall collect and transmit to the county treasurer the
13commercial fish protection surcharge and other amounts required under s. 59.40 (2)
14(m). The county treasurer shall then make payment to the state treasurer as
15provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the
16commercial fish protection surcharge in the conservation fund.
AB581,25,19
17(2) Use of commercial fish protection surcharge funds. All moneys collected
18from commercial fish protection surcharges shall be credited to the appropriation
19under s. 20.370 (4) (kr).
AB581, s. 65
20Section
65. 29.987 (1) (a) of the statutes is amended to read:
AB581,25,2421
29.987
(1) (a) If a court imposes a fine or forfeiture for a violation of a provision
22of this chapter or an order issued under this chapter,
other than for a violation
23specified under s. 29.99 (1) (a), the court shall impose a natural resources surcharge
24under ch. 814 equal to
75% 75 percent of the amount of the fine or forfeiture.
AB581, s. 66
25Section
66. 29.99 of the statutes is created to read:
AB581,26,5
129.99 Great Lakes resource surcharge. (1) Levy of Great Lakes resource
2surcharge. (a) If a court imposes a fine or forfeiture for a violation of s. 29.503
3involving Great Lakes fish or for a violation of s. 29.514 or 29.519, the court shall
4impose a Great Lakes resource surcharge equal to 75 percent of the amount of the
5fine or forfeiture.
AB581,26,76
(b) If a fine or forfeiture is suspended in whole or in part, the Great Lakes
7resource surcharge shall be reduced in proportion to the suspension.
AB581,26,138
(c) If any deposit is made for an offense to which this section applies, the person
9making the deposit shall also deposit a sufficient amount to include the Great Lakes
10resource surcharge prescribed in this section. If the deposit is forfeited, the amount
11of the Great Lakes resource surcharge shall be transmitted to the state treasurer
12under par. (d). If the deposit is returned, the Great Lakes resource surcharge shall
13also be returned.
AB581,26,1814
(d) The clerk of the court shall collect and transmit to the county treasurer the
15Great Lakes resource surcharge and other amounts required under s. 59.40 (2) (m).
16The county treasurer shall then make payment to the state treasurer as provided in
17s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the Great Lakes
18resource surcharge in the conservation fund.
AB581,26,21
19(2) Use of Great Lakes resource surcharge funds. All moneys collected from
20Great Lakes resource surcharges shall be credited to the appropriation under s.
2120.370 (4) (kr).
AB581, s. 67
22Section
67. 29.991 of the statutes is created to read:
AB581,27,3
2329.991 Fishing net removal surcharge.
(1) Levy of fishing net removal
24surcharge. (a) If a court imposes a forfeiture under s. 29.931 (2) (am) for failure to
25reimburse the department for costs associated with the seizure of a net or similar
1fishing device under s. 29.931 (2) (a), the court shall impose a fishing net removal
2surcharge in an amount equal to the sum of those costs plus an amount equal to 75
3percent of the amount of the forfeiture.
AB581,27,54
(b) If the forfeiture is suspended in whole or in part, the fishing net removal
5surcharge shall be reduced in proportion to the suspension.
AB581,27,96
(c) The clerk of the court shall collect and transmit to the county treasurer the
7fishing net removal surcharge and other amounts required under s. 59.40 (2) (m).
8The county treasurer shall then make payment to the state treasurer as provided in
9s. 59.25 (3) (f) 2.
AB581,27,11
10(2) Deposit of fishing net removal surcharge funds. All moneys collected
11from fishing net removal surcharges shall be deposited in the conservation fund.
AB581, s. 68
12Section
68. 30.51 (2) (c) 2. of the statutes is amended to read:
AB581,27,1413
30.51
(2) (c) 2. A federally documented vessel which is a commercial fishing
14boat
licensed operated under
a license issued under s. 29.519.
AB581, s. 69
15Section
69. 814.75 (1) of the statutes is renumbered 814.75 (1m).
AB581, s. 70
16Section
70. 814.75 (1g) of the statutes is created to read:
AB581,27,1717
814.75
(1g) The commercial fish protection surcharge under s. 29.984.
AB581, s. 71
18Section
71. 814.75 (12n) of the statutes is created to read:
AB581,27,1919
814.75
(12n) The fishing net removal surcharge under s. 29.991.
AB581, s. 72
20Section
72. 814.75 (13m) of the statutes is created to read:
AB581,27,2121
814.75
(13m) The Great Lakes resource surcharge under s. 29.99.
AB581, s. 73
22Section
73. 814.76 (1) of the statutes is renumbered 814.76 (1m).
AB581, s. 74
23Section
74. 814.76 (1g) of the statutes is created to read:
AB581,27,2424
814.76
(1g) The commercial fish protection surcharge under s. 29.984.
AB581, s. 75
25Section
75. 814.76 (10m) of the statutes is created to read:
AB581,28,1
1814.76
(10m) The Great Lakes resource surcharge under s. 29.99.
AB581, s. 76
2Section
76. 814.77 (1) of the statutes is renumbered 814.77 (1m).
AB581, s. 77
3Section
77. 814.77 (1g) of the statutes is created to read:
AB581,28,44
814.77
(1g) The commercial fish protection surcharge under s. 29.984.
AB581, s. 78
5Section
78. 814.77 (5m) of the statutes is created to read:
AB581,28,66
814.77
(5m) The fishing net removal surcharge under s. 29.991.
AB581, s. 79
7Section
79. 814.77 (6m) of the statutes is created to read:
AB581,28,88
814.77
(6m) The Great Lakes resource surcharge under s. 29.99.
AB581,28,1810
(1) The department of natural resources may use the procedure under section
11227.24 of the statutes to promulgate rules under this act. Notwithstanding section
12227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this
13subsection shall remain in effect until the date on which permanent rules take effect.
14Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not
15required to provide evidence that promulgating a rule under this subsection as an
16emergency rule is necessary for the preservation of public peace, health, safety, or
17welfare and is not required to provide a finding of emergency for a rule promulgated
18under this subsection.
AB581,28,2120
(1) This act takes effect on July 1, 2005, or on the day after publication,
21whichever is later.