AB864: Bill Text

AB864, s. 673 Section 673. Subchapter IX (title) of chapter 29 [precedes 29.601] of the statutes is created to read:

AB864,202,7 Chapter 29

AB864,202,9 Subchapter IX Miscellaneous provisions

AB864, s. 674 Section 674. 29.605 of the statutes is renumbered 29.881 and amended to read:

AB864,202,14 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.

AB864,202,18 (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.

AB864, s. 675 Section 675. 29.614 of the statutes is created to read:

AB864,202,24 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.

AB864,203,6 (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.

AB864,203,19 (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.

AB864, s. 676 Section 676. 29.62 (title) of the statutes is renumbered 29.421 (title) and amended to read:

AB864,203,22 29.421 (title) Removal of injurious rough fish.

AB864, s. 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:

AB864,204,8 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.

AB864, s. 678 Section 678. 29.623 (title) of the statutes is renumbered 29.424 (title).

AB864, s. 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:

AB864,204,17 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.

AB864, s. 680 Section 680. 29.623 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.424 (2).

AB864, s. 681 Section 681. 29.625 of the statutes is renumbered 29.417 and amended to read:

AB864,205,4 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.

AB864,205,9 (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.

AB864, s. 682 Section 682. 29.626 of the statutes is renumbered 29.717 and amended to read:

AB864,205,18 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.

AB864, s. 683 Section 683. 29.64 of the statutes is renumbered 29.951.

AB864, s. 684 Section 684. 29.641 of the statutes is renumbered 29.954.

AB864, s. 685 Section 685. 29.642 (title) and (1) of the statutes are renumbered 29.961 (title) and (1).

AB864, s. 686 Section 686. 29.642 (2) of the statutes is renumbered 29.967 (3).

AB864, s. 687 Section 687. 29.6425 of the statutes is renumbered 29.967.

AB864, s. 688 Section 688. 29.643 of the statutes is renumbered 29.964.

AB864, s. 689 Section 689. 29.644 of the statutes is renumbered 29.957 and amended to read:

AB864,206,8 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.

AB864, s. 690 Section 690. 29.645 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.969 and amended to read:

AB864,206,14 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.

AB864, s. 691 Section 691. 29.65 (title) of the statutes is renumbered 29.977 (title).

AB864, s. 692 Section 692. 29.65 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.977 (1) (intro.).

AB864, s. 693 Section 693. 29.65 (1) (a) of the statutes is renumbered 29.977 (1) (a) and amended to read:

AB864,206,21 29.977 (1) (a) Any endangered species protected under s. 29.415 and rules promulgated under s. 29.415 29.604, $875.

AB864, s. 694 Section 694. 29.65 (1) (b) and (c) of the statutes are renumbered 29.977 (1) (b) and (c).

AB864, s. 695 Section 695. 29.65 (1) (d) of the statutes is renumbered 29.977 (1) (d) and amended to read:

AB864,207,1 29.977 (1) (d) Any bobcat (wildcat), fox, beaver or otter, $87.50.

AB864, s. 696 Section 696. 29.65 (1) (e) to (m) of the statutes are renumbered 29.977 (1) (e) to (m).

AB864, s. 697 Section 697. 29.65 (2) of the statutes is renumbered 29.977 (2) and amended to read:

AB864,207,9 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.

AB864, s. 698 Section 698. 29.65 (3) of the statutes is renumbered 29.977 (3).

AB864, s. 699 Section 699. Subchapter X (title) of chapter 29 [precedes 29.701] of the statutes is created to read:

AB864,207,13 Chapter 29

AB864,207,16 subchapter x fish and game propagation and stocking

AB864, s. 700 Section 700. 29.705 (2) of the statutes is created to read:

AB864,207,20 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.

AB864,207,22 (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.

AB864, s. 701 Section 701. 29.745 (2) of the statutes is created to read:

AB864,208,2 29.745 (2) The department and its agents are not required to obtain a permit under this section.

AB864, s. 702 Section 702. Subchapter XI (title) of chapter 29 [precedes 29.851] of the statutes is created to read:

AB864,208,5 Chapter 29

AB864,208,7 subchapter xI captive animals

AB864, s. 703 Section 703. 29.867 (2m) of the statutes is created to read:

AB864,208,14 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.

AB864, s. 704 Section 704. 29.871 (2m) of the statutes is created to read:

AB864,208,20 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.

AB864, s. 705 Section 705. Subchapter XII (title) of chapter 29 [precedes 29.885] of the statutes is created to read:

AB864,208,23 Chapter 29

AB864,208,25 subchapter xiI wildlife damage

AB864, s. 706 Section 706. 29.889 (12) (title) of the statutes is created to read:

AB864,209,2 29.889 (12) (title) Tolerable deer damage levels.

AB864, s. 707 Section 707. Subchapter XIII (title) of chapter 29 [precedes 29.921] of the statutes is created to read:

AB864,209,5 Chapter 29

AB864,209,7 Subchapter XIII Enforcement

AB864, s. 708 Section 708. 29.921 (title) of the statutes is created to read:

AB864,209,9 29.921 (title) Warrants; arrests; police powers.

AB864, s. 709 Section 709. 29.921 (6) of the statutes is created to read:

AB864,209,14 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.

AB864, s. 710 Section 710. 29.921 (7) of the statutes is created to read:

AB864,209,19 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).

AB864, s. 711 Section 711. 29.924 (title) of the statutes is created to read:

AB864,209,21 29.924 (title) Investigations; searches.

AB864, s. 712 Section 712. 29.931 (title) of the statutes is created to read:

AB864,209,23 29.931 (title) Seizures.

AB864, s. 713 Section 713. 29.961 (2) of the statutes is created to read:

AB864,210,4 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.

AB864, s. 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:

AB864,210,10 29.971 General penalty provisions. (intro.) 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:

AB864,210,14 (1) (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).

AB864,210,18 (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.

AB864,210,21 (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.

AB864,211,6 (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 29.977 (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.