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.
AB581,17,3
12. Upon the written request of a commercial fisher to the department, the
2department shall maintain the confidentiality of the information contained on each
3record furnished by the commercial fisher to the department.
AB581,17,84 3. Notwithstanding the confidentiality requirement in subd. 2., the
5department may disclose information contained on any record furnished by a
6commercial fisher to the department if the disclosure is in furtherance of an
7investigation or enforcement action undertaken by the department or a law
8enforcement agency.
AB581,17,139 4. Notwithstanding the confidentiality requirement in subd. 2., the
10department may disclose information contained on any record furnished by a
11commercial fisher to the department if the department uses the information for a
12statistical summary or report that does not identify the commercial fisher by name
13or license number.
AB581, s. 42 14Section 42. 29.519 (5m) of the statutes is created to read:
AB581,17,2215 29.519 (5m) Inventory. Each commercial fishing licensee shall prepare an
16annual inventory of Great Lakes fish and all species of sturgeon owned by the
17licensee or in the licensee's possession or control at the time that the inventory is
18prepared, including such fish maintained in cold storage facilities. The inventory
19shall be furnished to the department within 15 days after the inventory is completed.
20The inventory shall be recorded on a form available from the department and shall
21include the weight of the fish in pounds or kilograms, the species of the fish, the
22condition of the fish, and the address of the location of the fish.
AB581, s. 43 23Section 43. 29.519 (6) (intro.) of the statutes is amended to read:
AB581,18,224 29.519 (6) Inspection. (intro.) For purposes of enforcement of this section,
25wardens or department employees duly authorized and designated by the secretary,

1upon presenting appropriate credentials to the licensee commercial fisher, crew
2member,
or agent in charge, are authorized:
AB581, s. 44 3Section 44. 29.519 (6) (a) of the statutes is amended to read:
AB581,18,74 29.519 (6) (a) To enter any building or structure, excluding a dwelling place,
5in which records, nets, or fish are stored, or held, or in which fish are processed, or
6packed or held, or to enter any boat or vehicle being used to transport nets or fish
7when the owner or agent in charge is present or upon 8 hours' notice at other times.
AB581, s. 45 8Section 45. 29.519 (6) (b) of the statutes is amended to read:
AB581,18,139 29.519 (6) (b) To inspect buildings, structures, boats or vehicles, to inspect all
10pertinent equipment including nets used or stored in the places to be inspected, to
11inspect or copy all records of commercial fishing activity, of fish storage, and of fish
12disposition,
and to inspect any fish stored, processed, packed or held in the places to
13be inspected.
AB581, s. 46 14Section 46. 29.519 (6) (c) of the statutes is created to read:
AB581,18,1815 29.519 (6) (c) To direct a commercial fisher, a crew member, or an agent in
16charge to empty any fish box that is larger than a standard fish box, as defined by
17the department by rule. If so directed, the commercial fisher, crew member, or agent
18shall empty such fish box.
AB581, s. 47 19Section 47. 29.519 (6g) of the statutes is created to read:
AB581,18,2520 29.519 (6g) Record production. Upon the request of the department, a
21commercial fisher shall produce all records relating to the production, acquisition,
22sale, trade, barter, storage, or disposition of fish that are kept at the commercial
23fisher's place of business or at a residence, dwelling, or location other than the
24commercial fisher's place of business within 24 hours of the request for inspection
25or copying. The records shall be mailed within 24 hours of receipt of the request.
AB581, s. 48
1Section 48. 29.519 (6m) of the statutes is amended to read:
AB581,19,92 29.519 (6m) Interference with inspections. No licensee commercial fisher,
3licensed crew member, operator of a vehicle or boat for the licensee commercial fisher,
4or an employee acting on behalf of the licensee commercial fisher may prohibit entry
5or, prohibit an inspection to be conducted , fail or refuse to produce any record, or fail
6or refuse to immediately empty a fish box or container
as authorized provided under
7sub. (6) unless a court restrains or enjoins the entry or inspection. The department
8may not conduct an inspection or examine a person's records under sub. (6) if such
9action has been enjoined by court order
.
AB581, s. 49 10Section 49. 29.539 (2) of the statutes is amended to read:
AB581,19,1311 29.539 (2) No Except as provided in subs. (3) and (3m), no fish taken by hook
12and line from outlying waters, except rough fish, may be sold, bartered or traded in
13any manner.
AB581, s. 50 14Section 50. 29.539 (3) of the statutes is amended to read:
AB581,19,1915 29.539 (3) The eggs from trout and salmon that are not farm-raised fish and
16that are lawfully taken and possessed under this chapter are exempted from this
17section if removed from the fish. The whole fish shall be taken to the buyer of the
18eggs and the eggs removed in the presence of the buyer. The fish carcass shall be
19legally disposed of
as provided under sub. (3m).
AB581, s. 51 20Section 51. 29.539 (3m) of the statutes is created to read:
AB581,19,2521 29.539 (3m) The eggs from trout and salmon that are not farm-raised fish may
22not be sold or purchased unless the eggs are first removed from the whole fish in the
23presence of the buyer. The fish carcass shall be legally disposed of. Eggs that are
24removed in accordance with this subsection may subsequently be sold or purchased
25without the fish subject to any licensing requirement under s. 29.503.
AB581, s. 52
1Section 52. 29.563 (7) (a) 1. of the statutes is amended to read:
AB581,20,42 29.563 (7) (a) 1. Outlying waters: $899.25 for the first licensed boat and
3$899.25 for each additional licensed boat that is listed on a license issued under s.
429.519 (1m)
.
AB581, s. 53 5Section 53. 29.563 (7) (b) 1. of the statutes is amended to read:
AB581,20,86 29.563 (7) (b) 1. Outlying waters: $6,499.25 for the first licensed boat and
7$6,499.25 for each additional licensed boat that is listed on a license issued under s.
829.519 (1m)
.
AB581, s. 54 9Section 54. 29.563 (7) (c) 1. of the statutes is amended to read:
AB581,20,1110 29.563 (7) (c) 1. Outlying waters license transfers under s. 29.519 (2) (d): $25
11$50.
AB581, s. 55 12Section 55. 29.924 (4) of the statutes is amended to read:
AB581,20,2413 29.924 (4) Access to storage places. The owner or occupant of any
14cold-storage warehouse or building used for the storage or retention of wild animals,
15or their carcasses, that are subject to regulation under this chapter shall permit the
16department and its wardens to enter and examine the premises subject to s. 66.0119.
17The owner or occupant, or the agent or employee of the owner or occupant, shall
18deliver to the officer any such wild animal or carcass, in his or her possession during
19the closed season
the warehouse or building, that the officer has reasonable cause
20to believe is possessed or was taken in violation of the law
, whether taken within or
21without the state. The owner or occupant, or the agent or employee of the owner or
22occupant, shall permit the department to examine and copy any record pertaining
23to the storage or retention of any wild animal either when the owner, occupant, agent,
24or employee is present or upon 24 hours' notice.
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.
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