29.65 Annotation
State may recover "civil redress" damages under this section as well as prosecute perpetrator for underlying violation punishable only by civil forfeiture. State v. Denk, 117 W (2d) 432, 345 NW (2d) 66 (Ct. App. 1984).
29.65 Annotation
When a criminal action is brought for a violation of ch. 94, prohibiting deposit of pesticides in public waters of the state, such proceeding is not barred by a civil action to recover the statutory value of fish killed by such pesticides. 62 Atty. Gen. 130.
29.99
29.99
General penalty provisions. Any person who, for himself or herself, or by his or her agent, servant, or employe, or who, as agent, servant, or employe for another, violates this chapter shall be punished, respectively, as follows:
29.99(1)(a)(a) For the violation of any requirement of this chapter relating to fishing or fish dealing, or rules promulgated under this chapter relating to fishing or fish dealing, by a forfeiture of not more than $1,000 except as provided under
pars. (b) and
(c) and
sub. (5m).
29.99(1)(b)
(b) For having fish in his or her possession in violation of this chapter or rules promulgated under it and the value of the fish under
par. (d) exceeds $300 but does not exceed $1,000, by a fine of not more than $5,000 or imprisonment for not more than 30 days or both.
29.99(1)(c)
(c) For having fish in his or her possession in violation of this chapter or rules promulgated under it and the value of the fish under
par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 years or both.
29.99(1)(d)
(d) Salmon, trout and noncommercial game fish shall be valued for the purposes of
pars. (b) and
(c) on a per fish basis according to the dollar amounts specified under
s. 29.65 (1) (a) and
(i) to
(L). Other species of commercial fish shall be valued on a per fish basis according to the current average wholesale value. In this paragraph, "average wholesale value" means the average price received by producers on the date of the violation for fish in the form of the violative fish.
29.99(1)(e)
(e) Any person holding an approval issued under this chapter, upon his or her 2nd conviction within a 3-year period for violations of this chapter or rules promulgated under it relating to possessing illegal fish, fishing with illegal gear, fishing in closed areas or refuges, fishing during a closed season, violation of quota fisheries or false reporting shall have all of his or her fishing and fish dealing licenses revoked and no fishing or fish dealing license may be issued to the person for at least one year after the date of conviction. During the period of revocation for 2 convictions under
pars. (b) or
(c) or a combination of 2 convictions under
pars. (b) and
(c), the person may not engage in fishing on the water or ice in any manner, operate or assist in the operation of fishing gear or engage in sale or transportation of fish. Any person holding a license under
s. 29.33 (1) who has that license revoked under this paragraph, may apply for that license for that part of the license year following the period of revocation which is at least one year after the date of conviction and the department shall issue that license if all licensing criteria are met. The revoked license may not be issued to another person during the period of revocation.
29.99(1g)
(1g) For failure to hold a valid approval as required under this chapter for which a court imposes a penalty under
sub. (1) (a) to
(e) or
(5m), by the payment of a natural resources restitution payment equal to the amount of the statutory fee for the approval that was required and that should have been obtained.
29.99(1m)(a)(a) For the violation of
s. 29.38 or rules adopted thereunder, by a forfeiture of not more than $1,000, except as provided under
pars. (b) and
(c).
29.99(1m)(b)
(b) For possessing clams in violation of
s. 29.38 or rules adopted thereunder, if the value of the clams under
par. (d) exceeds $300 but does not exceed $1,000, by a fine of not more than $5,000 or imprisonment for not more than 30 days or both.
29.99(1m)(c)
(c) For possessing clams in violation of
s. 29.38 or rules adopted thereunder, if the value of the clams under
par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 years or both.
29.99(1m)(d)
(d) Clams shall be valued for the purpose of
pars. (b) and
(c) according to the current average wholesale value. In this paragraph, "average wholesale value" means the average price received by commercial clam shellers during the 30-day period prior to the date of violation.
29.99(1m)(e)
(e) For any person holding any approval issued under this chapter, upon the person's 2nd conviction within a 3-year period for violations of this chapter or rules promulgated thereunder relating to clamming or commercial clamming, by the revocation of all the person's approvals. In addition, no commercial clamming license or permit may be issued to the person for at least one year after the date of conviction.
29.99(2)
(2) For hunting or trapping without an approval required by this chapter:
29.99(2)(a)
(a) By a forfeiture of not more than $100; and
29.99(2)(c)
(c) By the payment of a natural resources restitution payment equal to the amount of the statutory fee for the approval which was required and should have been obtained.
29.99(3)
(3) For the violation of any statutes or any department order relating to the hunting, taking, transportation or possession of game, by a forfeiture of not more than $1,000.
29.99(3m)
(3m) For unlawfully hunting a moose or an elk, by a forfeiture of not less than $1,000 nor more than $2,000 and the mandatory revocation of all hunting approvals issued to the person. In addition, no hunting approval may be issued to the person for the time period specified by the court. The time period specified shall be not less than 3 years nor more than 5 years following the date of conviction under this subsection.
29.99(4)
(4) For any violation of any provision of this chapter or any department order for which no other penalty is prescribed, by a forfeiture of not more than $100.
29.99(5)
(5) For violation of
s. 29.48, by a fine of not less than $1,000 nor more than $2,000 or imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 5 years.
29.99(5g)
(5g) For violation of
s. 29.49, by a fine of not more than $500 or imprisonment for not more than 90 days or both. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 3 years.
29.99(5m)
(5m) For the violation of any statute or rule relating to the taking or possession of lake sturgeon, by a fine of $1,500 or imprisonment for not more than 90 days or both for each lake sturgeon illegally taken or possessed, and a mandatory 3-year revocation of all hunting, fishing and trapping approvals issued to the person under this chapter.
29.99(7)
(7) For the violation of
s. 29.23, or of any administrative rule relating to hunting from an airplane or using an airplane to spot, rally or drive animals for hunting, by a fine of not more than $1,000 for the first violation and not more than $2,000 for subsequent violations or imprisonment for not more than 90 days, or both, and by a mandatory 3-year revocation of all hunting, fishing and trapping approvals. An airplane used in any such violation is declared a public nuisance.
29.99(9)
(9) For the violation of any statute or any department order relating to the registration of any wild animal, by a forfeiture of not more than $100.
29.99(9m)
(9m) For the improper use or validation of any carcass tag, by a forfeiture of not more than $500.
29.99(11)
(11) For hunting deer without the required approval, during the closed season, with the aid of artificial light or with the aid of an aircraft, for the snaring of deer or for the possession or control of a deer carcass in violation of
s. 29.39 or
29.40, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.
29.99(11m)(a)(a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid bear harvest permit, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 or imprisonment for not more than one year or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.
29.99(11m)(b)
(b) Except as provided under
par. (a), for the violation of any provision of this chapter or any department rule promulgated under this chapter relating to bear hunting or to the validation of a bear carcass tag or registration of a bear, by a forfeiture of not more than $1,000.
29.99(11p)(a)(a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than one year or both.
29.99(11p)(b)
(b) Paragraph (a) does not apply if the activity subject to the penalty under
par. (a) has been specifically approved by the department and is necessary to conduct research activities.
29.99(11v)
(11v) For failing to reimburse the department as required under
s. 29.283 (5), by a forfeiture of not more than $100.
29.99(12)
(12) In addition to any other penalty for violation of this chapter or any department order made under this chapter, the court may revoke or suspend any or all privileges and approvals granted under this chapter for a period of up to 3 years. If a person is convicted of reckless or highly negligent conduct in the operation or handling of a firearm or bow and arrow in violation of
s. 940.08,
940.24 or
941.20 and either death or bodily harm to another results from that violation, the court shall revoke every approval issued to that person under this chapter and shall provide a fixed period during which no new approval may be issued to the person. If no death or bodily harm to another results from the violation, the court may revoke any approval issued to that person under this chapter and may provide a fixed period during which no new approval may be issued to the person.
29.99(13)
(13) The word "person" as used in this section includes natural persons, firms, associations, and corporations.
29.99(14)
(14) No penalty prescribed in any section of this chapter shall be held to be diminished because the violation for which it is prescribed falls also within the scope of a more general prohibition.
29.99(15)
(15) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not farm-raised deer or domesticated animals; that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were farm-raised deer or domesticated animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts.
29.99 History
History: 1975 c. 365 ss.
45,
50;
1979 c. 34,
150,
175,
190,
355;
1981 c. 20,
236,
243,
391;
1983 a. 27;
1983 a. 80 s.
9;
1983 a. 114 s.
9;
1983 a. 192,
209,
419,
520,
538;
1985 a. 29,
36,
270,
271,
272,
289,
332;
1987 a. 379;
1989 a. 190,
336;
1991 a. 39,
269;
1993 a. 137;
1995 a. 59,
79.
29.99 Annotation
All illegal clamming violations under s. 29.38 are punishable by forfeiture under sub. (1m) (a) except violations of the possession provisions of s. 29.38. State v. Ahrling, 191 W (2d) 398, 528 NW (2d) 431 (1995).
29.995
29.995
Penalties; repeaters. 29.995(1)
(1) If a person is convicted of any violation of this chapter, of
s. 167.31 (2) or
(3) or of a rule promulgated under this chapter or under
s. 167.31 (4m), and it is alleged in the indictment, information or complaint, and proved or admitted on trial or ascertained by the court after conviction that the person was previously convicted within a period of 5 years for a violation of this chapter, of
s. 167.31 (2) or
(3) or of a rule promulgated under this chapter or under
s. 167.31 (4m) by any court of this state, the person shall be fined not more than $100, or imprisoned not more than 6 months or both. In addition, all hunting, fishing and trapping approvals issued to the person shall be revoked and no hunting, fishing or trapping approval may be issued to the person for a period of one year after the 2nd conviction.
29.995(2)
(2) When any person is convicted and it is alleged in the indictment, information or complaint and proved or admitted on trial or ascertained by the court after conviction that such person had been before convicted 3 times within a period of 3 years for violations of this chapter or department order punishable under
s. 29.134 (11),
29.29 (1) or
29.99 (5), or for violation of
s. 29.48, or for violation of any statute or department order regulating the taking or possession of any wild animal or carcass thereof during the closed season therefor or any combination of such violations by any court of this state, and that such convictions remain of record and unreversed, such person shall be fined not more than $2,000 or imprisoned not more than 9 months or both.
29.995(3)
(3) No penalty for any such violation may be reduced or diminished by reason of this section.
29.995 History
History: 1975 c. 365 s.
46; Stats. 1975 s. 29.995;
1981 c. 243 s.
7;
1983 a. 27;
1985 a. 29,
272;
1993 a. 137.
29.995 Annotation
Criminal prosecution under this section must be commenced by complaint under 968.02; prosecution must be conducted with statutory and constitutional requirements applicable to other criminal prosecutions.
71 Atty. Gen. 136.
29.996
29.996
Parties to a violation. 29.996(1)
(1) Whoever is concerned in the commission of a violation of this chapter or of any department order under this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
29.996(2)
(2) A person is concerned in the commission of the violation if the person:
29.996(2)(c)
(c) Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
29.996 History
History: 1975 c. 365;
1987 a. 379.
29.9965
29.9965
Wild animal protection assessments. 29.9965(1)(1)
Levy of wild animal protection assessment. 29.9965(1)(a)(a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or a rule or order issued under this chapter for the unlawful killing, wounding, catching, taking, trapping or possession of a wild animal specified in
par. (b), or any part of such a wild animal, the court may impose a wild animal protection assessment that equals the amount specified for the wild animal under
par. (b).
29.9965(1)(b)
(b) The amount of the wild animal protection assessment shall be as follows:
29.9965(1)(b)1.
1. For any wild animal that is an endangered species protected under
s. 29.415 and rules promulgated under
s. 29.415, $875.
29.9965(1)(b)2.
2. For any moose, elk, fisher, prairie chicken or sand hill crane, $262.50.
29.9965(1)(b)6.
6. For any sharp-tailed grouse, ruffed grouse, spruce hen, wild duck, coot, wild goose or brant, $26.25.
29.9965(1)(b)7.
7. For any pheasant, Hungarian partridge, quail, rail, Wilson's snipe, woodcock or shore bird, or protected song bird or harmless bird, $17.50.
29.9965(1)(b)9.
9. For any muskellunge, rock sturgeon or lake sturgeon, $43.75.
29.9965(1)(b)11.
11. For any brook, rainbow, brown, or steel head trout, $26.25.
29.9965(1)(b)12.
12. For any walleye pike, northern pike, or any other game fish not mentioned in
subds. 9. to
11., $8.75.
29.9965(1)(b)13.
13. For any game or fur-bearing animal or bird not mentioned in
subds. 2. to
8., $17.50.
29.9965(1)(d)
(d) If a fine or forfeiture is suspended in whole or in part, the wild animal protection assessment shall be reduced in proportion to the suspension.
29.9965(1)(e)
(e) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the wild animal protection assessment required under this section. If the deposit is forfeited, the amount of the wild animal protection assessment shall be transmitted to the state treasurer under
par. (f). If the deposit is returned, the wild animal protection assessment shall also be returned.
29.9965(1)(f)
(f) The clerk of the court shall collect and transmit to the county treasurer the wild animal protection assessment and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2.
29.9965(2)
(2) Deposit of wild animal protection assessment funds. The state treasurer shall deposit the moneys collected under this section into the conservation fund.
29.9965 History
History: 1991 a. 39;
1995 a. 201,
376.
29.9967
29.9967
Fishing shelter removal assessment. 29.9967(1)(1)
Levy of fishing shelter removal assessment. 29.9967(1)(a)(a) If a court imposes a forfeiture under
s. 29.283 (5), the court shall impose a fishing shelter removal assessment equal to the costs that should have been reimbursed under
s. 29.283 (4).
29.9967(1)(b)
(b) If a forfeiture is suspended in whole or in part, the fishing shelter removal assessment shall be reduced in proportion to the suspension unless the court directs otherwise.
29.9967(1)(c)
(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the fishing shelter removal assessment prescribed in this section. If the deposit is forfeited, the amount of the fishing shelter removal assessment shall be transmitted to the state treasurer under
par. (d). If the deposit is returned, the fishing shelter removal assessment shall also be returned.
29.9967(1)(d)
(d) The clerk of the court shall collect and transmit to the county treasurer the fishing shelter removal assessment and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2.
29.9967(2)
(2) Use of fishing shelter removal assessments funds. All moneys collected from fishing shelter removal assessments shall be deposited in the fish and wildlife account in the conservation fund.
29.9967 History
History: 1991 a. 39;
1995 a. 201.
29.997
29.997
Natural resources assessments.
