29.088 (1) Except as provided by s. 29.29 29.601 (4), it shall be is unlawful to use baits containing poison of any description in any forests, fields or other places where it might destroy or cause the destruction of wild animals or birds, and the possession of any such poison or poison baits in a hunting or trapping camp or on any person while hunting or trapping shall be prima facie evidence of a violation hereof.
248,671
Section 671
. 29.60 (2g) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.088 (2g).
248,672
Section 672
. 29.60 (2m) and (3) of the statutes are renumbered 29.088 (2m) and (3) and amended to read:
29.088 (2m) It shall be is unlawful to take, capture or kill or attempt to take, capture or kill any bird by setting or operating any trap or device designed, built or used to capture birds on a pole, post, tree stump or any other elevated perch more than 3 feet above the ground.
(3) Nothing in this chapter may prevent prevents the department or a person authorized under s. 29.59
29.885 from using an explosive or having an explosive near a beaver house or a beaver dam for the purpose of removing a beaver dam or a vacated beaver house when the beavers are causing damage to property.
248,673
Section 673
. Subchapter IX (title) of chapter 29 [precedes 29.601] of the statutes is created to read:
Chapter 29
Subchapter IX
Miscellaneous provisions
248,674
Section 674
. 29.605 of the statutes is renumbered 29.881 and amended to read:
29.881 (title) Giving away of predatory animals to public zoos. (1) It is lawful for the The department to may give, present, or turn over alive, for educational purposes, to any bona fide public zoo any predatory animal to a public zoo.
(2) Any predatory animal that has been given to
, presented, or turned over to any bona fide a public zoo under this section shall may not be sold, bartered or given away by such the zoo in any manner, except that such
the animal may be returned to the department.
248,675
Section 675
. 29.614 of the statutes is created to read:
29.614 Scientific collector permit. (1) Application for a scientific collector permit shall be submitted to the department. The department may issue a scientific collector permit if the department determines that the applicant is a natural person and is engaged in a bona fide program leading to increased, useful scientific knowledge.
(2) A scientific collector permit shall state the name and address of the permittee, the date of issuance, the purposes for which it is issued, the type, species and number of specimens authorized to be collected or salvaged, the area and period of time in which the specimens may be collected or salvaged, the place where the specimens may be kept and other conditions and limitations that the department requires. A scientific collector permit is not transferable.
(3) A scientific collector permit authorizes the permittee to collect or salvage, for scientific purposes only, the eggs, nest and wild animals specified in the permit subject to the conditions and limitations specified in the permit and the rules of the department. The permittee may use the specimens for the scientific purposes for which collected or salvaged and may transport them or cause them to be transported by common carrier. Possession of these specimens may not be transferred to any other person, except that these specimens may be exchanged for other specimens for scientific purposes. A scientific collector permit may authorize the use of net guns and tranquilizer guns for activities related to the purposes for which the permit is issued. Any person who is convicted of violating this chapter shall forfeit the person's permit and the permit is thereby revoked, in addition to all other penalties. Any person so convicted is not eligible for a permit under this section for one year following the conviction.
Note: This provision contains the same provisions, without substantive change, as current s. 29.17. The bill creates a new section regarding scientific collector permits as an expedient, because of the substantial amount of reorganization that is necessary.
248,676
Section 676
. 29.62 (title) of the statutes is renumbered 29.421 (title) and amended to read:
29.421 (title) Removal of injurious rough fish.
248,677
Section 677
. 29.62 (1) and (3) of the statutes, as affected by 1997 Wisconsin Act 27, are consolidated, renumbered 29.421 and amended to read:
29.421 The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state, other than waters in a self-contained fish rearing facility or in a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water. (3) Whenever the department takes rough fish under this section it shall dispose of the same as the department shall direct
fish in any manner that it determines to be appropriate.
248,678
Section 678
. 29.623 (title) of the statutes is renumbered 29.424 (title).
248,679
Section 679
. 29.623 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.424 (1) and amended to read:
29.424 (1) When the department finds that any species of fish is detrimental to any of the waters of the state it may, by rule, designate such
the species of fish and specify the waters in which such the species of fish are is found to be detrimental. Thereupon the The department may remove such fish from the waters specified or cause them to be removed therefrom
detrimental fish of the species designated from the waters specified.
248,680
Section 680
. 29.623 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.424 (2).
248,681
Section 681
. 29.625 of the statutes is renumbered 29.417 and amended to read:
29.417 Permit to take rough fish. (1) Permission may be granted to any person by the department upon such terms and conditions as it may require required by the department to take carp and other undesirable rough fish, which are detrimental to game fish in the following bays or harbors in Door county, namely County: Sturgeon Bay, Little Sturgeon Bay, Riley's bay Bay, Egg harbor Harbor, Fish creek harbor
Creek Harbor, Eagle harbor Harbor, Bailey's harbor
Harbor, Mud bay Bay, North bay Bay, Rowley's bay Bay, and Washington harbor
Harbor, Jackson harbor Harbor and Detroit harbor Harbor in Washington Island.
(2) A person having a contract to take rough fish under s. 29.62 29.421 or this section may be authorized by the department to erect and maintain a temporary pond in any navigable water pending the sale of such
the fish, provided that such the pond does not unreasonably interfere with navigation or other public rights in such
the water.
248,682
Section 682
. 29.626 of the statutes is renumbered 29.717 and amended to read:
29.717 Trespass on riparian land. In an action against a person for damages sustained from trespassing on lands bordering streams stocked by the consent of the owner of such the lands, with fish received from a state hatchery, where such the damage
shall exceed exceeds $2, the trespasser shall be is liable for double the amount of such the damage and all
of the taxable costs; and where the damage sustained is $2 or less the trespasser shall be liable for the amount of such the damage and the costs not to exceed the amount of the damage.
248,683
Section 683
. 29.64 of the statutes is renumbered 29.951.
248,684
Section 684
. 29.641 of the statutes is renumbered 29.954.
248,685
Section 685
. 29.642 (title) and (1) of the statutes are renumbered 29.961 (title) and (1).
248,686
Section 686
. 29.642 (2) of the statutes is renumbered 29.967 (3).
248,687
Section 687
. 29.6425 of the statutes is renumbered 29.967.
248,688
Section 688
. 29.643 of the statutes is renumbered 29.964.
248,689
Section 689
. 29.644 of the statutes is renumbered 29.957 and amended to read:
29.957 Breaking seals of department. Any person who breaks, removes or interferes with any seal or tag attached to any animal, carcass, article or other thing or object by the department, or who meddles or interferes with any animal, carcass, article or other thing or object with such a seal or tag attached, or who counterfeits any such a seal or tag, attached or unattached, shall be fined not more than $500 or imprisoned for not more than 90 days or both.
248,690
Section 690
. 29.645 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.969 and amended to read:
29.969 Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer or farm-raised fish.
248,691
Section
691. 29.65 (title) of the statutes is renumbered 29.977 (title).
248,692
Section 692
. 29.65 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.977 (1) (intro.).
248,693
Section 693
. 29.65 (1) (a) of the statutes is renumbered 29.977 (1) (a) and amended to read:
29.977 (1) (a) Any endangered species protected under s. 29.415 and rules promulgated under s. 29.415 29.604, $875.
248,694
Section 694
. 29.65 (1) (b) and (c) of the statutes are renumbered 29.977 (1) (b) and (c).
248,695
Section 695
. 29.65 (1) (d) of the statutes is renumbered 29.977 (1) (d) and amended to read:
29.977 (1) (d) Any bobcat (wildcat), fox, beaver or otter, $87.50.
248,696
Section 696
. 29.65 (1) (e) to (m) of the statutes are renumbered 29.977 (1) (e) to (m).
248,697
Section 697
. 29.65 (2) of the statutes is renumbered 29.977 (2) and amended to read:
29.977 (2) Any damages recovered in such a civil action under this section shall be paid into the
state conservation fund and disbursed therefrom by the department. The costs of such the action in case of a, if the judgment is in favor of the defendant, shall be paid out of the conservation fund.
248,698
Section 698
. 29.65 (3) of the statutes is renumbered 29.977 (3).
248,699
Section 699
. Subchapter X (title) of chapter 29 [precedes 29.701] of the statutes is created to read:
Chapter 29
subchapter x
fish and game propagation
and stocking
248,700
Section 700
. 29.705 (2) of the statutes is created to read:
29.705 (2) Furnishing fish; access to stocked waters. (a) The department may not furnish fish from state hatcheries to private ponds, private clubs, corporations or preserves.
(b) The department may not plant fish from state hatcheries in waters where the general public is not allowed the rights and privileges enjoyed by any individual.
Note: This provision is part of current s. 29.50 and is relocated here for better placement.
248,701
Section 701
. 29.745 (2) of the statutes is created to read:
29.745 (2) The department and its agents are not required to obtain a permit under this section.
248,702
Section 702
. Subchapter XI (title) of chapter 29 [precedes 29.851] of the statutes is created to read:
Chapter 29
subchapter xI
captive animals
248,703
Section 703
. 29.867 (2m) of the statutes is created to read:
29.867 (2m) If the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of game birds and animals and the applicant intends in good faith to establish and maintain a game bird and animal farm, the department shall issue a license to the applicant. The license shall describe the lands and shall authorize the licensee to breed, propagate, kill and sell the game birds and animals that are on the lands described in the license.
248,704
Section 704
. 29.871 (2m) of the statutes is created to read:
29.871 (2m) If the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of deer, and the applicant intends in good faith to establish and operate a deer farm, the department shall inform the applicant that it will issue a license when the applicant has built a suitable deer fence around the area to be licensed.
248,705
Section 705
. Subchapter XII (title) of chapter 29 [precedes 29.885] of the statutes is created to read:
Chapter 29
subchapter xiI
wildlife damage
248,706
Section 706
. 29.889 (12) (title) of the statutes is created to read:
29.889 (12) (title) Tolerable deer damage levels.
248,707
Section 707
. Subchapter XIII (title) of chapter 29 [precedes 29.921] of the statutes is created to read:
Chapter 29
Subchapter XIII
Enforcement
248,708
Section 708
. 29.921 (title) of the statutes is created to read:
29.921 (title) Warrants; arrests; police powers.
248,709
Section 709
. 29.921 (6) of the statutes is created to read:
29.921 (6) Search warrants; subpoenas. In executing search warrants and subpoenas under this chapter where the penalty for the violation is a forfeiture, the department shall use procedures which comply with ss. 968.12 and 968.135 to 968.19.
248,710
Section 710
. 29.921 (7) of the statutes is created to read:
29.921 (7) Dogs injuring wildlife. A warden may kill a dog found running, injuring, causing injury to, or killing, any deer, other than farm-raised deer, or destroying game birds, their eggs or nests, if immediate action is necessary to protect the deer or game birds, their nests or eggs, from injury or death.
Note: This sentence is based on the last sentence of current s. 29.05 (8) (b).
248,711
Section 711
. 29.924 (title) of the statutes is created to read:
29.924 (title) Investigations; searches.
248,712
Section 712
. 29.931 (title) of the statutes is created to read:
29.931 (title) Seizures.
248,713
Section 713
. 29.961 (2) of the statutes is created to read:
29.961 (2) Any person who fails to keep records as required under this chapter, fails to keep accurate records under this chapter, or provides incorrect information to the department under this chapter, other than information to obtain an approval as provided under sub. (1), shall forfeit not more than $100.
Note: Many provisions of current ch. 29 specify that accurate records must be kept. For example, s. 29.134 (6m) (a) requires fur auctioneers to keep “correct and complete" records, and s. 29.135 (6) (a) requires wholesale fish dealers to keep “complete, legible and accurate" records. This bill deletes these specific requirements. The current statutes do not provide a specific penalty for failure to keep accurate records, so the $100 forfeiture in current s. 29.99 (4) applies. New s. 29.961 provides a penalty consisting of a forfeiture of $100 for failure to keep records, or keeping or providing incorrect information under ch. 29.
248,714
Section 714
. 29.99 (intro.) and (1) to (11) of the statutes are renumbered 29.971 (intro.) and (1) to (11), and 29.971 (intro.), (1), (1m) (a) to (c) and (e), (4), (5), (5g), (5m), (7) and (11), as renumbered, are amended to read:
