AB514-engrossed,61,66
2. Aids and abets the commission of the violation of this chapter.
AB514-engrossed,61,87
3. Is a party to a conspiracy with another to commit the violation of this chapter
8or advises, hires or counsels or otherwise procures another to commit it.
AB514-engrossed,61,13
922.43 Natural resources assessments and restitution payments. (1)
10Natural resources assessments. (a) If a court imposes a fine or forfeiture for a
11violation of this chapter or a rule promulgated under this chapter, the court shall
12impose a natural resources assessment equal to 75% of the amount of the fine or
13forfeiture.
AB514-engrossed,61,1514
(b) If a fine or forfeiture is suspended in whole or in part, the natural resources
15assessment shall be reduced in proportion to the suspension.
AB514-engrossed,61,2116
(c) If any deposit is made for an offense to which this subsection applies, the
17person making the deposit shall also deposit a sufficient amount to include the
18natural resources assessment prescribed in this subsection. If the deposit is
19forfeited, the amount of the natural resources assessment shall be transmitted to the
20state treasurer under par. (d). If the deposit is returned, the natural resources
21assessment shall also be returned.
AB514-engrossed,62,222
(d) The clerk of the court shall collect and transmit to the county treasurer the
23natural resources assessment and other amounts required under s. 59.40 (2) (m).
24The county treasurer shall then make payment to the state treasurer as provided in
1s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural
2resources assessment in the conservation fund.
AB514-engrossed,62,43
(e) All moneys collected from natural resources assessments shall be deposited
4in the conservation fund and credited to the appropriation under s. 20.370 (3) (mu).
AB514-engrossed,62,9
5(2) Natural resources restitution payments. (a) If a court imposes a fine or
6forfeiture for a violation of this chapter for failure to obtain a license required under
7this chapter, the court shall impose a natural resources restitution payment equal
8to the amount of the fee for the license that was required and should have been
9obtained.
AB514-engrossed,62,1210
(b) If a fine or forfeiture is suspended in whole or in part, the natural resources
11restitution payment shall be reduced in proportion to the suspension unless the court
12directs otherwise.
AB514-engrossed,62,1813
(c) If any deposit is made for an offense to which this subsection applies, the
14person making the deposit shall also deposit a sufficient amount to include the
15natural resources restitution payment prescribed in this subsection. If the deposit
16is forfeited, the amount of the natural resources restitution payment shall be
17transmitted to the state treasurer under par. (d). If the deposit is returned, the
18natural resources restitution payment shall also be returned.
AB514-engrossed,62,2319
(d) The clerk of the court shall collect and transmit to the county treasurer the
20natural resources restitution payment and other amounts required under s. 59.40
21(2) (m). The county treasurer shall then make payment to the state treasurer as
22provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the
23natural resources restitution payment in the conservation fund.
AB514-engrossed,63,3
1(e) All moneys collected from natural resources restitution payments shall be
2deposited in the conservation fund and credited to the appropriation account under
3s. 20.370 (3) (mu).
AB514-engrossed,63,75
23.09
(2) (f) (title)
Propagation, game and fish. Capture, propagate, transport,
6sell or exchange any species of
game or fish needed for stocking or restocking any
7lands or waters of the state.
AB514-engrossed,63,219
23.50
(1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
10court to recover forfeitures, penalty assessments, jail assessments, applicable
11weapons assessments, applicable environmental assessments, applicable wild
12animal protection assessments, applicable natural resources assessments,
13applicable fishing shelter removal assessments, applicable snowmobile registration
14restitution payments and applicable natural resources restitution payments for
15violations of ss. 77.09, 134.60, 144.783 [299.64] (2), 167.10 (3), 167.31 (2), 281.48 (2)
16to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 and 287.81, subch.
17VI of ch. 77, this chapter
and, ch. 22, chs. 26 to 31 and of ch. 350, and any
18administrative rules promulgated thereunder,
violations of ch. 951 if the animal
19involved is a captive wild animal, violations of rules of the Kickapoo valley reserve
20management board under s. 41.41 (7) (k) or violations of local ordinances enacted by
21any local authority in accordance with s. 23.33 (11) (am) or 30.77.
AB514-engrossed,64,523
23.50
(3) All actions in municipal court to recover forfeitures, penalty
24assessments and jail assessments for violations of local ordinances enacted by any
25local authority in accordance with s. 23.33 (11) (am) or 30.77 shall utilize the
1procedure in ch. 800. The actions shall be brought before the municipal court having
2jurisdiction. Provisions relating to citations, arrests, questioning, releases,
3searches, deposits and stipulations of no contest in ss. 23.51
(1) (1m), (3) and (8),
423.53, 23.54, 23.56 to 23.64, 23.66 and 23.67 shall apply to violations of such
5ordinances.
AB514-engrossed,64,88
23.51
(1d) "Captive" has the meaning given in s. 22.01 (5).
AB514-engrossed,64,1110
23.51
(5) "Natural resources restitution payment" means the payment imposed
11under s.
22.43 (2) or 29.998.
AB514-engrossed,64,1313
23.51
(9m) "Wild animal" has the meaning given in s. 22.01 (74).
AB514-engrossed,64,2015
23.65
(1) When it appears to the district attorney that a violation of s. 134.60,
16144.783 (2) [299.64 (2)], 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4),
17287.07, 287.08 or 287.81, this chapter or ch.
22, 26, 27, 28, 29, 30, 31 or 350,
violations
18of ch. 951 if the animal involved is a captive wild animal, or any administrative rule
19promulgated pursuant thereto, has been committed the district attorney may
20proceed by complaint and summons.
AB514-engrossed,64,2422
23.795
(3) In lieu of an order of imprisonment under sub. (1) (a) for a violation
23of ch. 22, the court may revoke or suspend any privilege or license granted under ch.
2422 as provided in s. 22.42 (5).
AB514-engrossed,65,5
125.29
(1) (a) Except as provided in s. 25.295, all moneys accruing to the state
2for or in behalf of the department under chs.
22, 26, 27, 28, 29 and 350, subchs. I and
3VI of ch. 77 and ss. 23.09 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58 and 71.10 (5),
4including grants received from the federal government or any of its agencies except
5as otherwise provided by law.
AB514-engrossed,65,107
25.29
(4m) Notwithstanding sub. (3), no moneys that accrue to the state for or
8in behalf of the department under ch.
22 or 29 may be expended or paid for the
9enforcement of the treaty-based, off-reservation rights to fish held by members of
10federally recognized American Indian tribes or bands domiciled in Wisconsin.
AB514-engrossed,65,1312
29.02
(4) This section does not apply to wild animals that are subject to
13regulation under ch. 22.
AB514-engrossed,65,1615
29.03
(8) Any dog found running deer, except farm-raised deer
or deer subject
16to regulation under ch. 22, at any time, or used in violation of this chapter.
AB514-engrossed,66,818
29.05
(8) (a) The department and its wardens shall seize and hold subject to
19the order of the court for the county in which the alleged offense was committed, any
20apparatus, appliance, equipment, vehicle or device, declared by this chapter to be a
21public nuisance, which they have probable cause to believe is being used in violation
22of this chapter, an administrative rule promulgated under this chapter or s. 167.31,
23287.81, 940.24, 941.20, 948.60, 948.605 or 948.61
, is being used in the commission
24of a crime involving an animal normally found in the wild in violation of s. 951.09 or
25is being used in the commission of a crime relating to a submerged cultural resource
1in violation of s. 44.47. If it is proven that within 6 months previous to the seizure
2the apparatus, appliance, equipment, vehicle or device was used in violation of this
3chapter or an administrative rule promulgated under this chapter or s. 167.31,
4287.81, 940.24, 941.20, 948.60, 948.605 or 948.61
, was used in the commission of a
5crime involving an animal normally found in the wild in violation of s. 951.09 or was
6used in the commission of a crime relating to a submerged cultural resource in
7violation of s. 44.47, it shall be confiscated if the court directs in its order for
8judgment.
AB514-engrossed,66,1810
29.05
(8) (b) Any perishable property seized by the department or its wardens
11may be sold at the highest available price, and the proceeds of the sale turned into
12court to await disposition of the proceeds as the court directs. A conservation warden
13or other officers charged with the enforcement of the laws dealing with the
14conservation of the natural resources of the state may kill a dog found running,
15injuring, causing injury to, or killing any deer, other than farm-raised deer
or deer
16subject to regulation under ch. 22, or destroying game birds, their eggs or nests, if
17immediate action is necessary to protect the deer or game birds, their nests or eggs,
18from injury or death.
AB514-engrossed,67,220
29.09
(1) License or other approval required for hunting, trapping or
21fishing. Except as specifically provided otherwise by
ch. 22 or s. 29.155 (1g) and (1h)
22or another section of this chapter, no person may hunt any wild animal, trap any
23game or fish for fish in the waters of this state unless the appropriate approval is
24issued to the person. A person shall carry the required approval with him or her at
25all times while hunting, trapping or fishing unless otherwise required by another
1section of this chapter or unless otherwise authorized or required by the department.
2A person shall exhibit the approval to the department or its wardens on demand.
AB514-engrossed,67,85
29.092
(15) (a)
Issuing fee generally. In addition to the fees specified for licenses
6and stamps under subs. (2) to
(9) (8), (11) and (13) and any surcharge fee imposed
7under sub. (14), a person who applies for a license or stamp or for a duplicate license
8or stamp issued under this chapter shall pay an issuing fee.
AB514-engrossed,67,1310
29.092
(15) (f)
Addition of issuing fee to be shown with license or stamp fee as
11one amount. The issuing fee shall be added to the fee provided in subs. (2) to
(9) (8),
12(11) and (13) and any surcharge fee imposed under sub. (14). Any amount shown on
13the printed license form or stamp shall be the total of the issuing fee and other fees.
AB514-engrossed,67,1716
29.1025
(1) (c) Any person hunting pheasant under s. 29.123
or on premises
17licensed under s. 29.573 is exempt from the requirements under par. (a).
AB514-engrossed,67,2019
29.134
(10m) This section applies to raw furs and dressed furs from
20fur-bearing animals that are subject to regulation under ch. 22.
AB514-engrossed,68,722
29.136
(4) Authorization. Subject to this section and rules promulgated under
23this section, a taxidermist permit authorizes the permit holder to possess and
24transport
wild animals or carcasses
of wild animals in connection with his or her
25business. This authority supersedes restrictions on the possession and
1transportation of
wild animals and carcasses regardless of bag limits, rest days,
2closed seasons and similar restrictions, notwithstanding s. 29.174 and rules
3promulgated by the department under that section carcasses of wild animals under
4ch. 22 and this chapter and under any rules promulgated under ch. 22 and this
5chapter. Subject to this section and rules promulgated under this section, a
6taxidermist permit entitles the permit holder to the same privileges as a Class A fur
7dealer's license.
AB514-engrossed,68,179
29.17
(1) The department may issue a scientific collector permit to a qualified
10natural person as provided under this section. This permit authorizes the permittee
11to collect or salvage for scientific purposes only,
the eggs, nest and live fish and the
12nests and carcasses of any wild animals specified in the permit subject to the
13conditions and limitations specified in the permit and the rules of the department.
14The permittee may use the specimens for the scientific purposes collected or salvaged
15and may transport them or cause them to be transported by common carrier.
16Possession of these specimens may not be transferred to any other person except
17these specimens may be exchanged for other specimens for scientific purposes.
AB514-engrossed,68,2519
29.174
(16) The department shall permit the hunting of farm-raised deer on
20the premises on which farm-raised deer are kept by persons registered under s.
2195.55. The department shall determine the requirements and conditions for hunting
22farm-raised deer under this subsection, and shall determine the provisions of this
23chapter that are applicable to hunting farm-raised deer under this subsection. The
24department shall cooperate with the department of agriculture, trade and consumer
25protection with respect to the hunting of farm-raised deer.
AB514-engrossed,69,52
29.245
(5) (b) 3. To a person who possesses a flashlight or who uses a flashlight
3while if the person is on foot and training a dog to track or hunt raccoons, foxes or
4other unprotected
wild animals
and if the raccoons, foxes or other wild animals are
5not subject to regulation under ch. 22.
AB514-engrossed,69,138
29.40
(2) Deer tags. Except as provided under sub. (5) and s. 29.405 (3), any
9person who kills a deer shall immediately attach to the ear or antler of the deer a
10current validated deer carcass tag which is authorized for use on the type of deer
11killed. Except as provided under sub. (2m)
or s. 29.578 (7), (8) or (14), no person may
12possess, control, store or transport a deer carcass unless it is tagged as required
13under this subsection.
AB514-engrossed,69,1615
29.40
(6) (title)
Farm-raised deer Deer. This section does not apply to
16farm-raised deer
or deer that are subject to regulation under ch. 22.
AB514-engrossed, s. 32
17Section
32. 29.41 of the statutes is renumbered 29.41 (1), and 29.41 (1) (c), as
18renumbered, is amended to read:
AB514-engrossed,69,2519
29.41
(1) (c) Possess the raw skin of any muskrat, mink, otter, fisher or pine
20marten at any time unless the person is the holder of a scientific collector permit, fur
21dealer license, trapping license or resident conservation patron license of current
22issue. No license is required
for a person breeding, raising and producing domestic
23fur-bearing animals in captivity as defined in s. 29.579 or for a person authorized
24to take muskrats on a cranberry marsh under a permit issued to the person by the
25department.
AB514-engrossed,70,32
29.41
(2) Subsection (1) does not apply to the skins of fur-bearing animals that
3are subject to regulation under ch. 22.
AB514-engrossed,70,95
29.42
(1) Approval necessary. No person, except a person who is issued a valid
6hunting license, sports license, a conservation patron license
, taxidermist permit or
7scientific collector permit and who is carrying this approval on his or her person, may
8possess or have under his or her control any game bird
, or game animal or the carcass
9of any game bird or
game animal.
AB514-engrossed, s. 35
10Section
35. 29.42 (2) of the statutes is renumbered 29.42 (2) (a) and amended
11to read:
AB514-engrossed,70,1512
29.42
(2) (a)
No Except as provided in par. (b), no person
, except a person who
13is issued a valid scientific collector permit, may take, needlessly destroy or possess
14or have under his or her control the nest or eggs of any wild bird for which a closed
15season is prescribed under this chapter.
AB514-engrossed,70,1917
29.42
(2) (b) A person who has a valid scientific collector permit may take or
18possess or have under his or her control the nest of a wild bird and may destroy the
19nest if necessary for a scientific purpose.
AB514-engrossed,70,2221
29.42
(5) Captive wild animals. This section does not apply to wild animals
22that are subject to regulation under ch. 22.
AB514-engrossed,71,84
29.42
(1m) Hunting and trapping. A person who hunts or traps any game
5animal
, game bird or fur-bearing animal shall kill
the animal it when it is taken and
6make it part of the daily bag or shall release
the animal it unless
authorized the
7person has the authority to possess under
s. 29.55, 29.572, 29.574, 29.575, 29.578 or
829.585 ch. 22.
AB514-engrossed, s. 44
10Section
44. 29.425 (5) of the statutes is renumbered 29.42 (5) and amended
11to read:
AB514-engrossed,71,1312
29.42
(5) Penalty. A person who violates
this section sub. (1m) shall forfeit not
13less than $100 nor more than $1,000.
