2005 WISCONSIN ACT 288
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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
288,1
Section
1. 20.370 (4) (kr) of the statutes is created to read:
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.
288,2
Section
2. 29.001 (41m) of the statutes is created to read:
29.001 (41m) "Great Lakes fish" means lake trout, siscowet, whitefish, chubs, yellow perch, menominee, lake herring, smelt, alewife, and burbot.
288,3
Section
3. 29.407 (2) (a) of the statutes is amended to read:
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).
288,4
Section
4. 29.407 (2) (b) of the statutes is renumbered 29.407 (2) (b) 2. and amended to read:
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.
288,5
Section
5. 29.407 (2) (b) 1. of the statutes is created to read:
29.407 (2) (b) 1. In this paragraph, "fresh fish" means any fish that has not been frozen or smoked.
288,6
Section
6. 29.407 (2) (c) of the statutes is repealed.
288,7
Section
7. 29.503 (1) (b) of the statutes is amended to read:
29.503 (1) (b) "Fish" means any processed or unprocessed fish of those species which are found in the waters of the state as defined in s. 281.01 (18), including parts of fish, fish eggs, or fish products. "Fish" does not include minnows produced and sold or purchased as bait.
288,8
Section
8. 29.503 (1) (cm) of the statutes is created to read:
29.503 (1) (cm) "Record" includes any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form, that relates to the production, storage, transportation, purchase, sale, trade, barter, or other acquisition or disposition of fish by commercial fishers or wholesale fish dealers.
288,9
Section
9. 29.503 (1) (e) of the statutes is amended to read:
29.503 (1) (e) "Wholesale fish dealer" means any person who buys, barters, obtains, sells or, solicits, or processes fish in any manner for himself or herself or any other person for sale to anyone other than a consumer; but no established retail store or locker plant is a "wholesale fish dealer" solely as the result of the sale of fish to a restaurant, hotel or tavern at no reduction in the retail price charged other retail customers. A producer of fish, except as otherwise hereinafter provided, who sells fish directly to retailers is a wholesale fish dealer. Hotels, meat markets, grocery stores, restaurants and taverns are retailers, except when they sell fish for resale, in which case they are wholesale fish dealers.
288,10
Section
10. 29.503 (4) (title) of the statutes is amended to read:
29.503 (4) (title) Tagging and, labeling, and vehicle identification requirements.
288,11
Section
11. 29.503 (4) (a) of the statutes is amended to read:
29.503 (4) (a) Tag, label or receipt required. No wholesale fish dealer may sell, buy, barter, trade, possess, control or, transport, or cause to be transported any fish unless the fish are tagged and labeled in accordance with the law of the state or country where they were taken or, if no label or tag is required under the law of that state or country, unless the fish are accompanied by a receipt or invoice from the person from whom the fish were purchased or obtained.
288,12
Section
12. 29.503 (4) (b) of the statutes is amended to read:
29.503 (4) (b) Special tagging requirements for lake trout. No wholesale fish dealer or producer of fish may sell, buy, barter, trade, possess, control or, transport, or cause to be transported any lake trout unless the lake trout is tagged with a valid, current commercial fish tag issued or authorized identified in the form and manner required by the department or by a governmental agency of another state or country. If a licensed wholesale fish dealer gives the department at least 12 hours' notice of the date, time and location of arrival at the state line of lawfully possessed, untagged lake trout which are intended for importation into this state by the licensed wholesale fish dealer, the department or its representatives shall meet the shipment of lake trout and attach a "foreign lake trout tag" to each fish or seal the shipment with a department seal which may not be removed prior to delivery to the licensed wholesale fish dealer. The department or its representative shall tag the lake trout in a timely and orderly manner, and so as not to create any damage or spoilage to the fish. The tag shall be attached through the gills and mouth of whole lake trout, or in a manner which results in 2 complete fillets joined by the tag. For tagging of other forms of lake trout, the department shall promulgate rules to determine the manner in which the tag shall be attached to or accompany the trout, and the conditions, if any, under which the tag may be separated from the trout.
288,13
Section
13. 29.503 (4) (d) of the statutes is renumbered 29.503 (4) (d) 1. and amended to read:
29.503 (4) (d) 1. No wholesale fish dealer or producer of fish may transport or cause to be transported, or deliver or receive for transportation from the seller of fish to the buyer of fish, any container, package, or box containing any fish unless it is labeled legibly in a manner which discloses the name, address and license number of the consignor which shall be identical to that on the license; the name and address of the consignee; and each kind of fish contained in the package or box. If the shipment of fish is accompanied by an invoice containing the name, address and license number of the consignor, which shall be identical to that on the license; the name, address and license number, if any, of the consignee; the date of shipment from the consignor; the kinds of fish, the pounds of each kind and the description of the fish being shipped; and the signature of the person completing the invoice, the kinds of fish contained may be omitted from the package or box labels. Producers shall only be required to label or provide invoices for packages or boxes of fish being transported by vehicle or boat for purposes of sale. This paragraph does not apply to a producer of fish on the Mississippi River accompanied by a bill of lading or an invoice that contains the name, address, and license number of the seller and of the buyer.
288,14
Section
14. 29.503 (4) (d) 2. of the statutes is created to read:
29.503 (4) (d) 2. The bill of lading or invoice required under subd. 1. shall contain the name, address, and license number of the seller and the buyer of the fish covered by the bill of lading or invoice and shall specify the point of origin of the fish, the point of destination of the fish, the species of fish, the weight of each species of fish, and the number of containers, packages, or boxes covered by the bill of lading or invoice. The operator of the conveyance transporting the fish shall immediately produce the bill of lading or invoice for inspection upon the request of a warden.
288,15
Section
15. 29.503 (4) (d) 3. of the statutes is created to read:
29.503 (4) (d) 3. This paragraph does not apply to a producer of fish if the producer is transporting fish from the producer's boat or landing to a processing facility in this state.
288,16
Section
16. 29.503 (4) (e) of the statutes is created to read:
29.503 (4) (e) Vehicle identification requirements. 1. No wholesale fish dealer or producer of fish may transport or cause to be transported any fish in a vehicle unless the ownership of the vehicle is marked in a manner prescribed by the department that identifies the vehicle's ownership and that confirms that the vehicle contains fish.
2. This paragraph does not apply to a producer of fish if the producer is transporting fish from the producer's boat or landing to a processing facility in this state.
288,17
Section
17. 29.503 (5) (title) of the statutes is amended to read:
29.503 (5) (title) Records and reports inventories.
288,18
Section
18. 29.503 (5) (a) of the statutes is amended to read:
29.503 (5) (a) Records. Each wholesale fish dealer shall keep legible, written records in the English language of all fish purchased, sold, possessed, or obtained in his or her capacity as a wholesale fish dealer, in the manner required and on forms provided by the department by any means including by trade or barter and shall keep records of all fish disposed of in his or her capacity as a wholesale fish dealer for any reason, including as a result of spoilage or by donation. The record shall include the name, address, and fish dealer license number of the purchaser; the name, address, and wholesale fish dealer or commercial fishing license number of the person from whom the fish were purchased or obtained; the date of the transaction; the kinds of fish, the pounds or kilograms of each kind and the description of the fish purchased or obtained; and the signature of the person completing the record. If the record relates to a retail sale by the wholesale fish dealer, the record shall include only the date of the transaction and the kind, weight, and condition of the fish sold.
288,19
Section
19. 29.503 (5) (b) of the statutes is repealed.
288,20
Section
20. 29.503 (5) (br) of the statutes is created to read:
29.503 (5) (br) Inventory. Each wholesale fish dealer shall prepare an annual inventory of Great Lakes fish and all species of sturgeon owned by the wholesale fish dealer or in the dealer's possession or control at the time that the inventory is prepared, including such fish maintained in cold storage facilities. The inventory shall be furnished to the department within 15 days after the inventory is completed. The inventory shall be recorded on a form available from the department and shall include the weight of the fish in pounds or kilograms, the species of the fish, the condition of the fish, and the address of the location of the fish.
288,21
Section
21. 29.503 (5) (c) of the statutes is created to read:
29.503 (5) (c) Prohibition. No wholesale fish dealer, or employee of a wholesale fish dealer, may possess, control, store, transport, or cause to be transported any fish for which there is no record or for which there is no inventory as required under this subsection.
288,22
Section
22. 29.503 (5) (d) of the statutes is created to read:
29.503 (5) (d) Record retention and confidentiality. 1. Each wholesale fish dealer shall retain all records and inventories required under this subsection for a period of at least 5 years from the date on which the record or inventory was created. Each wholesale fish dealer shall notify the department annually, on forms available from the department, of the location of the dealer's records and inventories.
2. Upon the written request of a wholesale fish dealer to the department, the department shall keep confidential the value or weight of any fish listed on a record or inventory under this subsection and the identity of any person who is listed on a record under this subsection as having purchased, sold, possessed, or obtained fish.
3. Notwithstanding the confidentiality requirement in subd. 2, the department may disclose information contained on any record or inventory furnished by a dealer to the department if the disclosure is in furtherance of an investigation or enforcement action undertaken by the department or a law enforcement agency.
4. Notwithstanding the confidentiality requirement in subd. 2, the department may disclose information contained on any record furnished by a dealer to the department if the department uses the information for a statistical summary or report that does not identify the dealer by name or license number.
288,23
Section
23. 29.503 (6) (am) of the statutes is created to read:
29.503 (6) (am) Record production. 1. Upon the request of the department, a wholesale fish dealer licensed in this state shall produce all records relating to the purchase, acquisition, sale, trade, barter, storage, or disposition of fish that are kept at the wholesale fish dealer's place of business or at a residence, dwelling, or location other than the wholesale fish dealer's place of business, within 24 hours of the request, for inspection or copying. The wholesale fish dealer may mail the records to the department for inspection or copying. The records shall be mailed within 24 hours of receipt of the department's request.
2. The department may not issue a license to, or renew a wholesale fish dealer license issued to, any person who has been convicted of violating this paragraph for a period of one year following the conviction.
288,24
Section
24. 29.503 (6) (b) 2. of the statutes is amended to read:
29.503 (6) (b) 2. To inspect fish stored or in the possession of a wholesale fish dealer, inspect or copy records or reports of a wholesale fish dealer, and to inspect buildings, structures, vehicles, boats, equipment and materials related to a wholesale fish dealer's business.
288,25
Section
25. 29.503 (6) (c) of the statutes is amended to read:
29.503 (6) (c) Failure to produce records or to permit inspection. No wholesale fish dealer, operator of a vehicle or boat for a wholesale fish dealer or employee or person acting on behalf of a wholesale fish dealer may prohibit entry or prohibit an inspection to be conducted as authorized under this subsection, or refuse to produce records as required under this subsection, unless a court restrains or enjoins the entry or, inspection, or production.
288,26
Section
26. 29.503 (7) of the statutes is amended to read:
29.503 (7) Exemption. This section does not apply to fish produced in a state or municipal fish hatchery or to farm-raised fish that are bought, bartered, sold, obtained, processed, solicited, or transported by a person who operates a fish farm registered under s. 95.60 (3m) or by that person's employees.
288,27
Section
27. 29.519 (1) of the statutes is renumbered 29.519 (1m), and 29.519 (1m) (c), as renumbered, is amended to read:
29.519 (1m) (c) The department may promulgate rules defining the qualifications of licensees in the reasonable exercise of this authority, giving due consideration to residency, past record including compliance with the reporting records requirements of sub. (5), fishing and navigation ability and quantity and quality of equipment possessed. Rules relating to licensing commercial fishers shall be based on criteria provided by the commercial fishing boards under sub. (7).
288,28
Section
28. 29.519 (1b) of the statutes is created to read:
29.519 (1b) In this section, "record" has the meaning given in s. 29.503 (1) (cm).
288,29
Section
29. 29.519 (2) (d) of the statutes is amended to read:
29.519 (2) (d) Transfer of license.
The department may, upon application, permit the transfer of a license to any similar boat during the time a licensed boat is disabled or undergoing repairs or upon the sale of a licensed boat. The department shall promulgate rules governing the transfer of commercial fishing licenses between individuals equally qualified to hold the licenses and to members of a licensee's immediate family provided the rules assure the wise use and conservation of the fish resources being harvested under the license. The rules shall relate only to those waters in which the number of licenses is limited. The commercial fishing boards, under sub. (7), shall approve or deny transfers of commercial fishing licenses in accordance with the rules promulgated under this section. For purposes of s. 29.024 (2g) and (2r), a transfer of a license under this section shall be considered an issuance of a license to the transferee.
288,30
Section
30. 29.519 (2) (e) of the statutes is created to read:
29.519 (2) (e) Transfer of replacement boats. The department may, upon application, allow the holder of a commercial fishing license to replace a boat listed on that license with a different boat.
288,31
Section
31. 29.519 (2) (f) of the statutes is amended to read:
29.519 (2) (f) Licensed
Commercial fishing boats. Any licensed boat used by a resident licensee shall be from a port of record in this state, its hailing port shall be a port in this state, and it shall be a registered or documented boat of this state. Any licensed boat used by a nonresident licensee shall be a registered or documented boat of the state of residency.
288,32
Section
32. 29.519 (2) (fm) of the statutes is amended to read:
29.519 (2) (fm) Attending boats. Each licensed boat in excess of 25 feet in overall length used by a commercial fisher may be accompanied by and work with one attending boat without an additional license fee for the attending boat. Any attending boat that is a motorboat under s. 30.50 (2) shall be a registered boat under s. 30.51. An attending boat shall bear the name, if any, of the licensed boat listed on the commercial fishing license issued under sub. (1m) and may be used only for attending the licensed that boat.
288,33
Section
33. 29.519 (4) (a) of the statutes is amended to read:
29.519 (4) (a) Any commercial fishing licensee may use licensed crew members when fishing with or without a boat. The number of crew members engaged under a single license may not exceed 4 when fishing with nets under the ice. The department, upon proper application for crew licenses, may issue with each commercial fishing license no more than 4 crew licenses for the specific purpose of fishing with nets under the ice and the number indicated on the application for the purpose of fishing in open water. Each crew license shall bear the number of the commercial fishing license, the purpose for which intended, the year for which issued and the name of the crew member to whom the crew license is issued. The crew license permits a person to engage in commercial fishing only as a member of a crew of a commercial fisher licensed under sub. (1) (1m).
288,34
Section
34. 29.519 (4m) (a) of the statutes is amended to read:
29.519 (4m) (a) In this subsection, "incidental catch" means species of fish inadvertently caught while a commercial fisher licensed under sub. (1) (1m) is fishing by trawl for other species of fish.
288,35
Section
35. 29.519 (4m) (c) (intro.) of the statutes is amended to read:
29.519 (4m) (c) (intro.) A commercial fisher licensed under sub. (1) (1m) may fish by trawl for the total allowable commercial harvest of smelt, as set by rule by the department, on the waters of Green Bay at any time during the period beginning one hour after sunset and ending 3 hours after sunrise nighttime if all of the following apply:
288,36
Section
36. 29.519 (4m) (e) of the statutes is repealed.
288,37
Section
37. 29.519 (5) (a) of the statutes is amended to read:
29.519 (5) (a) Records and reports requirements. Each commercial fishing licensee fisher shall maintain and submit records and provide reports as to the department in the form and manner required by the department by rule.
288,38
Section
38. 29.519 (5) (b) of the statutes is amended to read:
29.519 (5) (b) Fishing records. The
licensee commercial fisher shall keep and submit a complete, legible and accurate record of the licensee's daily fishing activities, in the form and manner required and on forms provided by the department. The record shall include the complete name, address and commercial fishing license number of the licensee; the name and number of the boat fished from; the location fished; the month and year for which the record is being kept for; the date of each day's fishing activity; the kind and amount of commercial fishing gear used; the kind of fish caught and the number of pounds of each kind of fish caught; and the signature of the licensee.
288,39
Section
39. 29.519 (5) (c) of the statutes is amended to read:
