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 1Section 1. 20.370 (4) (kr) of the statutes is created to read:
AB581,5,52 20.370 (4) (kr) Commercial fish protection and Great Lakes resource
3surcharges.
All moneys received from commercial fish protection surcharges under
4s. 29.984 and from Great Lakes resource surcharges under s. 29.99 for research
5relating to Great Lakes fish.
AB581, s. 2 6Section 2. 29.001 (41m) of the statutes is created to read:
AB581,5,87 29.001 (41m) "Great Lakes fish" means lake trout, siscowet, whitefish, chubs,
8yellow perch, menominee, lake herring, smelt, alewife, and burbot.
AB581, s. 3 9Section 3. 29.407 (2) (a) of the statutes is amended to read:
AB581,5,1310 29.407 (2) (a) No person may transport or cause to be transported, or deliver
11or receive or offer to deliver or receive for transportation, any game fish taken from
12outlying waters unless the person complies with all applicable requirements under
13pars. (b) to and (d).
AB581, s. 4 14Section 4. 29.407 (2) (b) of the statutes is renumbered 29.407 (2) (b) 2. and
15amended to read:
AB581,6,3
129.407 (2) (b) 2. No green fresh fish of any variety except lawfully taken suckers
2may be shipped from any port located on outlying waters during the closed season
3for the fish, except the first 3 days of the closed season.
AB581, s. 5 4Section 5. 29.407 (2) (b) 1. of the statutes is created to read:
AB581,6,65 29.407 (2) (b) 1. In this paragraph, "fresh fish" means any fish that has not been
6frozen or smoked.
AB581, s. 6 7Section 6. 29.407 (2) (c) of the statutes is repealed.
AB581, s. 7 8Section 7. 29.503 (1) (b) of the statutes is amended to read:
AB581,6,129 29.503 (1) (b) "Fish" means any processed or unprocessed fish of those species
10which are found in the waters of the state as defined in s. 281.01 (18), including parts
11of fish, fish eggs, or fish products. "Fish" does not include minnows produced and sold
12or purchased as bait.
AB581, s. 8 13Section 8. 29.503 (1) (cm) of the statutes is created to read:
AB581,6,1814 29.503 (1) (cm) "Record" includes any material on which written, drawn,
15printed, spoken, visual, or electromagnetic information is recorded or preserved,
16regardless of physical form, that relates to the production, storage, transportation,
17purchase, sale, trade, barter, or other acquisition or disposition of fish by commercial
18fishers or wholesale fish dealers.
AB581, s. 9 19Section 9. 29.503 (1) (e) of the statutes is amended to read:
AB581,7,320 29.503 (1) (e) "Wholesale fish dealer" means any person who buys, barters,
21obtains, sells or, solicits, or processes fish in any manner for himself or herself or any
22other person for sale to anyone other than a consumer; but no established retail store
23or locker plant is a "wholesale fish dealer" solely as the result of the sale of fish to a
24restaurant, hotel or tavern at no reduction in the retail price charged other retail
25customers. A producer of fish, except as otherwise hereinafter provided, who sells

1fish directly to retailers is a wholesale fish dealer. Hotels, meat markets, grocery
2stores, restaurants and taverns are retailers, except when they sell fish for resale,
3in which case they are wholesale fish dealers.
AB581, s. 10 4Section 10. 29.503 (4) (title) of the statutes is amended to read:
AB581,7,65 29.503 (4) (title) Tagging and, labeling, and vehicle identification
6requirements.
AB581, s. 11 7Section 11. 29.503 (4) (a) of the statutes is amended to read:
AB581,7,138 29.503 (4) (a) Tag, label or receipt required. No wholesale fish dealer may sell,
9buy, barter, trade, possess, control or, transport, or cause to be transported any fish
10unless the fish are tagged and labeled in accordance with the law of the state or
11country where they were taken or, if no label or tag is required under the law of that
12state or country, unless the fish are accompanied by a receipt or invoice from the
13person from whom the fish were purchased or obtained.
AB581, s. 12 14Section 12. 29.503 (4) (b) of the statutes is amended to read:
AB581,8,715 29.503 (4) (b) Special tagging requirements for lake trout. No wholesale fish
16dealer or producer of fish may sell, buy, barter, trade, possess, control or, transport,
17or cause to be transported
any lake trout unless the lake trout is tagged with a valid,
18current commercial fish tag issued or authorized
identified in the form and manner
19required
by the department or by a governmental agency of another state or country.
20If a licensed wholesale fish dealer gives the department at least 12 hours' notice of
21the date, time and location of arrival at the state line of lawfully possessed, untagged
22lake trout which are intended for importation into this state by the licensed
23wholesale fish dealer, the department or its representatives shall meet the shipment
24of lake trout and attach a "foreign lake trout tag" to each fish or seal the shipment
25with a department seal which may not be removed prior to delivery to the licensed

1wholesale fish dealer. The department or its representative shall tag the lake trout
2in a timely and orderly manner, and so as not to create any damage or spoilage to the
3fish. The tag shall be attached through the gills and mouth of whole lake trout, or
4in a manner which results in 2 complete fillets joined by the tag. For tagging of other
5forms of lake trout, the department shall promulgate rules to determine the manner
6in which the tag shall be attached to or accompany the trout, and the conditions, if
7any, under which the tag may be separated from the trout
.
AB581, s. 13 8Section 13. 29.503 (4) (d) of the statutes is renumbered 29.503 (4) (d) 1. and
9amended to read:
AB581,8,2510 29.503 (4) (d) 1. No wholesale fish dealer or producer of fish may transport or
11cause to be transported, or deliver or receive for transportation from the seller of fish
12to the buyer of fish
, any container, package, or box containing any fish unless it is
13labeled legibly in a manner which discloses the name, address and license number
14of the consignor which shall be identical to that on the license; the name and address
15of the consignee; and each kind of fish contained in the package or box. If the
16shipment of fish is accompanied by an invoice containing the name, address and
17license number of the consignor, which shall be identical to that on the license; the
18name, address and license number, if any, of the consignee; the date of shipment from
19the consignor; the kinds of fish, the pounds of each kind and the description of the
20fish being shipped; and the signature of the person completing the invoice, the kinds
21of fish contained may be omitted from the package or box labels. Producers shall only
22be required to label or provide invoices for packages or boxes of fish being transported
23by vehicle or boat for purposes of sale. This paragraph does not apply to a producer
24of fish on the Mississippi River
accompanied by a bill of lading or an invoice that
25contains the name, address, and license number of the seller and of the buyer
.
AB581, s. 14
1Section 14. 29.503 (4) (d) 2. of the statutes is created to read:
AB581,9,82 29.503 (4) (d) 2. The bill of lading or invoice required under subd. 1. shall
3contain the name, address, and license number of the seller and the buyer of the fish
4covered by the bill of lading or invoice and shall specify the point of origin of the fish,
5the point of destination of the fish, the species of fish, the weight of each species of
6fish, and the number of containers, packages, or boxes covered by the bill of lading
7or invoice. The operator of the conveyance transporting the fish shall immediately
8produce the bill of lading or invoice for inspection upon the request of a warden.
AB581, s. 15 9Section 15. 29.503 (4) (d) 3. of the statutes is created to read:
AB581,9,1210 29.503 (4) (d) 3. This paragraph does not apply to a producer of fish if the
11producer is transporting fish from the producer's boat or landing to a processing
12facility in this state.
AB581, s. 16 13Section 16. 29.503 (4) (e) of the statutes is created to read:
AB581,9,1814 29.503 (4) (e) Vehicle identification requirements. 1. No wholesale fish dealer
15or producer of fish may transport or cause to be transported any fish in a vehicle
16unless the ownership of the vehicle is marked in a manner prescribed by the
17department that identifies the vehicle's ownership and that confirms that the vehicle
18contains fish.
AB581,9,2119 2. This paragraph does not apply to a producer of fish if the producer is
20transporting fish from the producer's boat or landing to a processing facility in this
21state.
AB581, s. 17 22Section 17. 29.503 (5) (title) of the statutes is amended to read:
AB581,9,2323 29.503 (5) (title) Records and reports inventories.
AB581, s. 18 24Section 18. 29.503 (5) (a) of the statutes is amended to read:
AB581,10,13
129.503 (5) (a) Records. Each wholesale fish dealer shall keep legible, written
2records in the English language of all fish purchased , sold, possessed, or obtained in
3his or her capacity as a wholesale fish dealer, in the manner required and on forms
4provided by the department
by any means including by trade or barter and shall keep
5records of all fish disposed of in his or her capacity as a wholesale fish dealer for any
6reason, including as a result of spoilage or by donation
. The record shall include the
7name, address, and fish dealer license number of the purchaser; the name, address,
8and wholesale fish dealer or commercial fishing license number of the person from
9whom the fish were purchased or obtained; the date of the transaction; the kinds of
10fish, the pounds or kilograms of each kind and the description of the fish purchased
11or obtained; and the signature of the person completing the record. If the record
12relates to a retail sale by the wholesale fish dealer, the record shall include only the
13date of the transaction and the kind, weight, and condition of the fish sold.
AB581, s. 19 14Section 19. 29.503 (5) (b) of the statutes is repealed.
AB581, s. 20 15Section 20. 29.503 (5) (br) of the statutes is created to read:
AB581,10,2316 29.503 (5) (br) Inventory. Each wholesale fish dealer shall prepare an annual
17inventory of Great Lakes fish and all species of sturgeon owned by the wholesale fish
18dealer or in the dealer's possession or control at the time that the inventory is
19prepared, including such fish maintained in cold storage facilities. The inventory
20shall be furnished to the department within 15 days after the inventory is completed.
21The inventory shall be recorded on a form available from the department and shall
22include the weight of the fish in pounds or kilograms, the species of the fish, the
23condition of the fish, and the address of the location of the fish.
AB581, s. 21 24Section 21. 29.503 (5) (c) of the statutes is created to read:
AB581,11,4
129.503 (5) (c) Prohibition. No wholesale fish dealer, or employee of a wholesale
2fish dealer, may possess, control, store, transport, or cause to be transported any fish
3for which there is no record or for which there is no inventory as required under this
4subsection.
AB581, s. 22 5Section 22. 29.503 (5) (d) of the statutes is created to read:
AB581,11,106 29.503 (5) (d) Record retention and confidentiality. 1. Each wholesale fish
7dealer shall retain all records and inventories required under this subsection for a
8period of at least 5 years from the date on which the record or inventory was created.
9Each wholesale fish dealer shall notify the department annually, on forms available
10from the department, of the location of the dealer's records and inventories.
AB581,11,1411 2. Upon the written request of a wholesale fish dealer to the department, the
12department shall keep confidential the value or weight of any fish listed on a record
13or inventory under this subsection and the identity of any person who is listed on a
14record under this subsection as having purchased, sold, possessed, or obtained fish.
AB581,11,1815 3. Notwithstanding the confidentiality requirement in subd. 2, the department
16may disclose information contained on any record or inventory furnished by a dealer
17to the department if the disclosure is in furtherance of an investigation or
18enforcement action undertaken by the department or a law enforcement agency.
AB581,11,2219 4. Notwithstanding the confidentiality requirement in subd. 2, the department
20may disclose information contained on any record furnished by a dealer to the
21department if the department uses the information for a statistical summary or
22report that does not identify the dealer by name or license number.
AB581, s. 23 23Section 23. 29.503 (6) (am) of the statutes is created to read:
AB581,12,624 29.503 (6) (am) Record production. 1. Upon the request of the department, a
25wholesale fish dealer licensed in this state shall produce all records relating to the

1purchase, acquisition, sale, trade, barter, storage, or disposition of fish that are kept
2at the wholesale fish dealer's place of business or at a residence, dwelling, or location
3other than the wholesale fish dealer's place of business, within 24 hours of the
4request, for inspection or copying. The wholesale fish dealer may mail the records
5to the department for inspection or copying. The records shall be mailed within 24
6hours of receipt of the department's request.
AB581,12,97 2. The department may not issue a license to, or renew a wholesale fish dealer
8license issued to, any person who has been convicted of violating this paragraph for
9a period of one year following the conviction.
AB581, s. 24 10Section 24. 29.503 (6) (b) 2. of the statutes is amended to read:
AB581,12,1411 29.503 (6) (b) 2. To inspect fish stored or in the possession of a wholesale fish
12dealer, inspect or copy records or reports of a wholesale fish dealer, and to inspect
13buildings, structures, vehicles, boats, equipment and materials related to a
14wholesale fish dealer's business.
AB581, s. 25 15Section 25. 29.503 (6) (c) of the statutes is amended to read:
AB581,12,2116 29.503 (6) (c) Failure to produce records or to permit inspection. No wholesale
17fish dealer, operator of a vehicle or boat for a wholesale fish dealer or employee or
18person acting on behalf of a wholesale fish dealer may prohibit entry or prohibit an
19inspection to be conducted as authorized under this subsection, or refuse to produce
20records as required under this subsection,
unless a court restrains or enjoins the
21entry or, inspection, or production.
AB581, s. 26 22Section 26. 29.503 (7) of the statutes is amended to read:
AB581,13,223 29.503 (7) Exemption. This section does not apply to fish produced in a state
24or municipal fish hatchery or to farm-raised fish that are bought, bartered, sold,

1obtained, processed, solicited, or transported by a person who operates a fish farm
2registered under s. 95.60 (3m) or by that person's employees
.
AB581, s. 27 3Section 27. 29.519 (1) of the statutes is renumbered 29.519 (1m), and 29.519
4(1m) (c), as renumbered, is amended to read:
AB581,13,105 29.519 (1m) (c) The department may promulgate rules defining the
6qualifications of licensees in the reasonable exercise of this authority, giving due
7consideration to residency, past record including compliance with the reporting
8records requirements of sub. (5), fishing and navigation ability and quantity and
9quality of equipment possessed. Rules relating to licensing commercial fishers shall
10be based on criteria provided by the commercial fishing boards under sub. (7).
AB581, s. 28 11Section 28. 29.519 (1b) of the statutes is created to read:
AB581,13,1212 29.519 (1b) In this section, "record" has the meaning given in s. 29.503 (1) (cm).
AB581, s. 29 13Section 29. 29.519 (2) (d) of the statutes is amended to read:
AB581,13,2514 29.519 (2) (d) Transfer of license. The department may, upon application,
15permit the transfer of a license to any similar boat during the time a licensed boat
16is disabled or undergoing repairs or upon the sale of a licensed boat.
The department
17shall promulgate rules governing the transfer of commercial fishing licenses
18between individuals equally qualified to hold the licenses and to members of a
19licensee's immediate family provided the rules assure the wise use and conservation
20of the fish resources being harvested under the license. The rules shall relate only
21to those waters in which the number of licenses is limited. The commercial fishing
22boards, under sub. (7), shall approve or deny transfers of commercial fishing licenses
23in accordance with the rules promulgated under this section. For purposes of s.
2429.024 (2g) and (2r), a transfer of a license under this section shall be considered an
25issuance of a license to the transferee.
AB581, s. 30
1Section 30. 29.519 (2) (e) of the statutes is created to read:
AB581,14,42 29.519 (2) (e) Transfer of replacement boats. The department may, upon
3application, allow the holder of a commercial fishing license to replace a boat listed
4on that license with a different boat.
AB581, s. 31 5Section 31. 29.519 (2) (f) of the statutes is amended to read:
AB581,14,106 29.519 (2) (f) Licensed Commercial fishing boats. Any licensed boat used by
7a resident licensee shall be from a port of record in this state, its hailing port shall
8be a port in this state, and it shall be a registered or documented boat of this state.
9Any licensed boat used by a nonresident licensee shall be a registered or documented
10boat of the state of residency.
AB581, s. 32 11Section 32. 29.519 (2) (fm) of the statutes is amended to read:
AB581,14,1812 29.519 (2) (fm) Attending boats. Each licensed boat in excess of 25 feet in
13overall length used by a commercial fisher may be accompanied by and work with
14one attending boat without an additional license fee for the attending boat. Any
15attending boat that is a motorboat under s. 30.50 (2) shall be a registered boat under
16s. 30.51
. An attending boat shall bear the name, if any, of the licensed boat listed on
17the commercial fishing license issued under sub. (1m)
and may be used only for
18attending the licensed that boat.
AB581, s. 33 19Section 33. 29.519 (4) (a) of the statutes is amended to read:
AB581,15,520 29.519 (4) (a) Any commercial fishing licensee may use licensed crew members
21when fishing with or without a boat. The number of crew members engaged under
22a single license may not exceed 4 when fishing with nets under the ice. The
23department, upon proper application for crew licenses, may issue with each
24commercial fishing license no more than 4 crew licenses for the specific purpose of
25fishing with nets under the ice and the number indicated on the application for the

1purpose of fishing in open water. Each crew license shall bear the number of the
2commercial fishing license, the purpose for which intended, the year for which issued
3and the name of the crew member to whom the crew license is issued. The crew
4license permits a person to engage in commercial fishing only as a member of a crew
5of a commercial fisher licensed under sub. (1) (1m).
AB581, s. 34 6Section 34. 29.519 (4m) (a) of the statutes is amended to read:
AB581,15,97 29.519 (4m) (a) In this subsection, "incidental catch" means species of fish
8inadvertently caught while a commercial fisher licensed under sub. (1) (1m) is
9fishing by trawl for other species of fish.
AB581, s. 35 10Section 35. 29.519 (4m) (c) (intro.) of the statutes is amended to read:
AB581,15,1511 29.519 (4m) (c) (intro.) A commercial fisher licensed under sub. (1) (1m) may
12fish by trawl for the total allowable commercial harvest of smelt, as set by rule by the
13department, on the waters of Green Bay at any time during the period beginning one
14hour after sunset and ending 3 hours after sunrise
nighttime if all of the following
15apply:
AB581, s. 36 16Section 36. 29.519 (4m) (e) of the statutes is repealed.
AB581, s. 37 17Section 37. 29.519 (5) (a) of the statutes is amended to read:
AB581,15,2018 29.519 (5) (a) Records and reports requirements. Each commercial fishing
19licensee
fisher shall maintain and submit records and provide reports as to the
20department in the form and manner
required by the department by rule.
AB581, s. 38 21Section 38. 29.519 (5) (b) of the statutes is amended to read:
AB581,16,522 29.519 (5) (b) Fishing records. The licensee commercial fisher shall keep and
23submit
a complete, legible and accurate record of the licensee's daily fishing
24activities, in the form and manner required and on forms provided by the
25department. The record shall include the complete name, address and commercial

1fishing license number of the licensee; the name and number of the boat fished from;
2the location fished; the month and year for which the record is being kept for; the date
3of each day's fishing activity; the kind and amount of commercial fishing gear used;
4the kind of fish caught and the number of pounds of each kind of fish caught; and the
5signature of the licensee.
AB581, s. 39 6Section 39. 29.519 (5) (c) of the statutes is amended to read:
AB581,16,187 29.519 (5) (c) Catch Fish disposition records. The licensee commercial fisher
8shall keep a complete, legible and accurate record of the disposition of landed catch,
9in the form and manner required and on forms provided by the department. The
10record shall include the complete name, address and commercial fishing license
11number of the licensee; for each wholesale sale, the complete name, address and
12wholesale fish dealer license number, if any, of the buyer and the kinds of fish sold,
13the number of pounds of each kind and the description of the fish sold and the date
14of the transaction sale; for direct retail sales, the kinds of fish sold and, the total
15pounds of each kind, and the date of the sale; and the signature of the licensee. In
16this paragraph, "landed catch" means those fish or fish parts caught in commercial
17fishing operations and brought to shore to utilize or to sell or otherwise utilize
18dispose of.
AB581, s. 40 19Section 40. 29.519 (5) (d) of the statutes is repealed.
AB581, s. 41 20Section 41. 29.519 (5) (dm) of the statutes is created to read:
AB581,16,2521 29.519 (5) (dm) Record retention and confidentiality. 1. Each commercial
22fisher shall maintain and retain all records required under this subsection for a
23period of at least 5 years from the date on which the record was created. Each
24commercial fisher shall notify the department annually, on forms available from the
25department, of the location of the commercial fisher's records.
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