AB864,202,14
1229.881 (title)
Giving away of predatory animals to public zoos. (1) It is
13lawful for the The department
to
may give
, present, or turn over alive, for educational
14purposes, to any bona fide public zoo any predatory animal
to a public zoo.
AB864,202,18
15(2) Any predatory animal that has been given to
, presented, or turned over to
16any bona fide a public zoo under this section
shall may not be sold, bartered or given
17away by
such the zoo
in any manner, except that
such the animal may be returned
18to the department.
AB864, s. 675
19Section
675. 29.614 of the statutes is created to read:
AB864,202,24
2029.614 Scientific collector permit.
(1) Application for a scientific collector
21permit shall be submitted to the department. The department may issue a scientific
22collector permit if the department determines that the applicant is a natural person
23and is engaged in a bona fide program leading to increased, useful scientific
24knowledge.
AB864,203,6
1(2) A scientific collector permit shall state the name and address of the
2permittee, the date of issuance, the purposes for which it is issued, the type, species
3and number of specimens authorized to be collected or salvaged, the area and period
4of time in which the specimens may be collected or salvaged, the place where the
5specimens may be kept and other conditions and limitations that the department
6requires. A scientific collector permit is not transferable.
AB864,203,19
7(3) A scientific collector permit authorizes the permittee to collect or salvage,
8for scientific purposes only, the eggs, nest and wild animals specified in the permit
9subject to the conditions and limitations specified in the permit and the rules of the
10department. The permittee may use the specimens for the scientific purposes for
11which collected or salvaged and may transport them or cause them to be transported
12by common carrier. Possession of these specimens may not be transferred to any
13other person, except that these specimens may be exchanged for other specimens for
14scientific purposes. A scientific collector permit may authorize the use of net guns
15and tranquilizer guns for activities related to the purposes for which the permit is
16issued. Any person who is convicted of violating this chapter shall forfeit the person's
17permit and the permit is thereby revoked, in addition to all other penalties. Any
18person so convicted is not eligible for a permit under this section for one year
19following 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
20Section
676. 29.62 (title) of the statutes is renumbered 29.421 (title) and
21amended to read:
AB864,203,22
2229.421 (title)
Removal of injurious rough fish.
AB864,204,8
329.421 The department may take rough fish by means of seines, nets or other
4devices, or cause rough fish to be taken, from any of the waters of this state, other
5than waters in a self-contained fish rearing facility or in a preexisting fish rearing
6facility that is barrier equipped and that is an artificial body of water.
(3) Whenever
7the department takes rough fish under this section it shall dispose of the
same as the
8department shall direct fish in any manner that it determines to be appropriate.
AB864, s. 678
9Section
678. 29.623 (title) of the statutes is renumbered 29.424 (title).
AB864,204,1712
29.424
(1) When the department finds that any species of fish is detrimental
13to any of the waters of the state it may
, by rule, designate
such the species of fish and
14specify the waters in which
such the species of fish
are is found to be detrimental.
15Thereupon the The department may remove
such fish from the waters specified or
16cause
them to be removed
therefrom
detrimental fish of the species designated from
17the waters specified.
AB864, s. 681
20Section
681. 29.625 of the statutes is renumbered 29.417 and amended to
21read:
AB864,205,4
2229.417 Permit to take rough fish. (1) Permission may be granted to any
23person by the department upon
such terms and conditions
as it may require required
24by the department to take
carp and other undesirable rough fish
, which are
25detrimental to game fish in the following bays or harbors in Door
county, namely
1County: Sturgeon Bay, Little Sturgeon Bay, Riley's
bay Bay, Egg
harbor Harbor, Fish
2creek harbor Creek Harbor, Eagle
harbor Harbor, Bailey's
harbor
Harbor, Mud
bay 3Bay, North
bay Bay, Rowley's
bay Bay, and Washington
harbor Harbor, Jackson
4harbor Harbor and Detroit
harbor Harbor in Washington Island.
AB864,205,9
5(2) A person having a contract to take rough fish under s.
29.62 29.421 or this
6section may be authorized by the department to erect and maintain a temporary
7pond in any navigable water pending the sale of
such
the fish, provided that
such the 8pond does not unreasonably interfere with navigation or other public rights in
such 9the water.
AB864, s. 682
10Section
682. 29.626 of the statutes is renumbered 29.717 and amended to
11read:
AB864,205,18
1229.717 Trespass on riparian land. In an action against a person for damages
13sustained from trespassing on lands bordering streams stocked by the consent of
the 14owner of
such the lands, with fish received from a state hatchery, where
such the 15damage
shall exceed exceeds $2, the trespasser
shall be is liable for double the
16amount of
such the damage and all
of the taxable costs; and where the damage
17sustained is $2 or less the trespasser shall be liable for the amount of
such the 18damage and
the costs not to exceed the amount of the damage.
AB864, s. 683
19Section
683. 29.64 of the statutes is renumbered 29.951.
AB864, s. 684
20Section
684. 29.641 of the statutes is renumbered 29.954.
AB864, s. 685
21Section
685. 29.642 (title) and (1) of the statutes are renumbered 29.961 (title)
22and (1).
AB864, s. 686
23Section
686. 29.642 (2) of the statutes is renumbered 29.967 (3).
AB864, s. 687
24Section
687. 29.6425 of the statutes is renumbered 29.967.
AB864, s. 688
25Section
688. 29.643 of the statutes is renumbered 29.964.
AB864, s. 689
1Section
689. 29.644 of the statutes is renumbered 29.957 and amended to
2read:
AB864,206,8
329.957 Breaking seals of department. Any person who breaks, removes or
4interferes with any seal or tag attached to any animal, carcass
, article or other thing 5or object by the department, or who
meddles or interferes with any animal, carcass
,
6article or other thing or object with
such a seal or tag attached, or who counterfeits
7any such a seal or tag, attached or unattached, shall be fined not more than $500 or
8imprisoned
for not more than 90 days or both.
AB864,206,14
1129.969 Larceny of game. A person who, without permission of the owner,
12molests, disturbs or appropriates any wild animal or its carcass that has been
13lawfully reduced to possession by another shall forfeit not less than $1,000 nor more
14than $2,000. This section does not apply to farm-raised deer or farm-raised fish.
AB864, s. 691
15Section
691. 29.65 (title) of the statutes is renumbered 29.977 (title).
AB864, s. 693
18Section
693. 29.65 (1) (a) of the statutes is renumbered 29.977 (1) (a) and
19amended to read:
AB864,206,2120
29.977
(1) (a) Any endangered species protected under s.
29.415 and rules
21promulgated under s. 29.415 29.604, $875.
AB864, s. 694
22Section
694. 29.65 (1) (b) and (c) of the statutes are renumbered 29.977 (1) (b)
23and (c).
AB864, s. 695
24Section
695. 29.65 (1) (d) of the statutes is renumbered 29.977 (1) (d) and
25amended to read:
AB864,207,1
129.977
(1) (d) Any bobcat
(wildcat), fox, beaver or otter, $87.50.
AB864, s. 696
2Section
696. 29.65 (1) (e) to (m) of the statutes are renumbered 29.977 (1) (e)
3to (m).
AB864, s. 697
4Section
697. 29.65 (2) of the statutes is renumbered 29.977 (2) and amended
5to read:
AB864,207,96
29.977
(2) Any damages recovered in
such a civil action
under this section shall
7be paid into the
state conservation fund
and disbursed therefrom by the department.
8The costs of
such the action
in case of a, if the judgment
is in favor of the defendant
, 9shall be paid out of the conservation fund.
AB864, s. 698
10Section
698. 29.65 (3) of the statutes is renumbered 29.977 (3).
AB864, s. 699
11Section
699. Subchapter X (title) of chapter 29 [precedes 29.701] of the
12statutes is created to read:
AB864,207,1313
Chapter 29
AB864,207,1614
subchapter x
15
fish and game propagation
16
and stocking
AB864, s. 700
17Section
700. 29.705 (2) of the statutes is created to read:
AB864,207,2018
29.705
(2) Furnishing fish; access to stocked waters. (a) The department
19may not furnish fish from state hatcheries to private ponds, private clubs,
20corporations or preserves.
AB864,207,2221
(b) The department may not plant fish from state hatcheries in waters where
22the 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
23Section
701. 29.745 (2) of the statutes is created to read:
AB864,208,2
129.745
(2) The department and its agents are not required to obtain a permit
2under this section.
AB864, s. 702
3Section
702. Subchapter XI (title) of chapter 29 [precedes 29.851] of the
4statutes is created to read:
AB864,208,76
subchapter xI
7
captive animals
AB864, s. 703
8Section
703. 29.867 (2m) of the statutes is created to read:
AB864,208,149
29.867
(2m) If the applicant is the owner or lessee of the lands, the land is
10suitable for the breeding and propagating of game birds and animals and the
11applicant intends in good faith to establish and maintain a game bird and animal
12farm, the department shall issue a license to the applicant. The license shall describe
13the lands and shall authorize the licensee to breed, propagate, kill and sell the game
14birds and animals that are on the lands described in the license.
AB864, s. 704
15Section
704. 29.871 (2m) of the statutes is created to read:
AB864,208,2016
29.871
(2m) If the applicant is the owner or lessee of the lands, the land is
17suitable for the breeding and propagating of deer, and the applicant intends in good
18faith to establish and operate a deer farm, the department shall inform the applicant
19that it will issue a license when the applicant has built a suitable deer fence around
20the area to be licensed.
AB864, s. 705
21Section
705. Subchapter XII (title) of chapter 29 [precedes 29.885] of the
22statutes is created to read:
AB864,208,2323
Chapter 29
AB864,208,2524
subchapter xiI
25
wildlife damage
AB864, s. 706
1Section
706. 29.889 (12) (title) of the statutes is created to read:
AB864,209,22
29.889
(12) (title)
Tolerable deer damage levels.
AB864, s. 707
3Section
707. Subchapter XIII (title) of chapter 29 [precedes 29.921] of the
4statutes is created to read:
AB864,209,76
Subchapter XIII
7
Enforcement
AB864, s. 708
8Section
708. 29.921 (title) of the statutes is created to read:
AB864,209,9
929.921 (title)
Warrants; arrests; police powers.
AB864, s. 709
10Section
709. 29.921 (6) of the statutes is created to read:
AB864,209,1411
29.921
(6) Search warrants; subpoenas. In executing search warrants and
12subpoenas under this chapter where the penalty for the violation is a forfeiture, the
13department shall use procedures which comply with ss. 968.12 and 968.135 to
14968.19.
AB864, s. 710
15Section
710. 29.921 (7) of the statutes is created to read:
AB864,209,1916
29.921
(7) Dogs injuring wildlife. A warden may kill a dog found running,
17injuring, causing injury to, or killing, any deer, other than farm-raised deer, or
18destroying game birds, their eggs or nests, if immediate action is necessary to protect
19the 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
20Section
711. 29.924 (title) of the statutes is created to read:
AB864,209,21
2129.924 (title)
Investigations; searches.
AB864, s. 712
22Section
712. 29.931 (title) of the statutes is created to read:
AB864,209,23
2329.931 (title)
Seizures.
AB864, s. 713
24Section
713. 29.961 (2) of the statutes is created to read:
AB864,210,4
129.961
(2) Any person who fails to keep records as required under this chapter,
2fails to keep accurate records under this chapter, or provides incorrect information
3to the department under this chapter, other than information to obtain an approval
4as 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
5Section
714. 29.99 (intro.) and (1) to (11) of the statutes are renumbered
629.971 (intro.) and (1) to (11), and 29.971 (intro.), (1), (1m) (a) to (c) and (e), (4), (5),
7(5g), (5m), (7) and (11), as renumbered, are amended to read:
AB864,210,10
829.971 General penalty provisions. (intro.) Any person who, for himself
9or herself, or by his or her agent
, servant, or employe, or who, as agent
, servant, or
10employe for another, violates this chapter shall be punished
, respectively, as follows:
AB864,210,14
11(1) (a) For the violation of any requirement of this chapter relating to fishing
12or fish dealing,
or rules promulgated under this chapter relating to fishing or fish
13dealing, by a forfeiture of not more than $1,000 except as provided under pars. (b)
14and (c) and sub. (5m).
AB864,210,1815
(b) For having fish in his or her possession in violation of this chapter
or rules
16promulgated under it and the value of the fish under par. (d) exceeds $300 but does
17not exceed $1,000, by a fine of not more than $5,000 or imprisonment for not more
18than 30 days or both.
AB864,210,2119
(c) For having fish in his or her possession in violation of this chapter
or rules
20promulgated under it and the value of the fish under par. (d) exceeds $1,000, by a fine
21of not more than $10,000 or imprisonment for not more than 2 years or both.
AB864,211,6
1(d) Salmon, trout and noncommercial game fish shall be valued for the
2purposes of pars. (b) and (c) on a per fish basis according to the dollar amounts
3specified under s.
29.65 29.977 (1) (a) and (i) to (L). Other species of commercial fish
4shall be valued on a per fish basis according to the current average wholesale value.
5In this paragraph, "average wholesale value" means the average price received by
6producers on the date of the violation for fish in the form of the violative fish.
AB864,211,217
(e) Any person holding an approval issued under this chapter, upon his or her
82nd conviction within a 3-year period for violations of this chapter
or rules
9promulgated under it relating to possessing illegal fish, fishing with illegal gear,
10fishing in closed areas or refuges, fishing during a closed season, violation of quota
11fisheries or false reporting shall have all of his or her fishing and fish dealing licenses
12revoked and no fishing or fish dealing license may be issued to the person for at least
13one year after the date of conviction. During the period of revocation for 2 convictions
14under pars. (b) or (c) or a combination of 2 convictions under pars. (b) and (c), the
15person may not engage in fishing on the water or ice in any manner, operate or assist
16in the operation of fishing gear or engage in sale or transportation of fish. Any person
17holding a license under s.
29.33 29.519 (1) who has that license revoked under this
18paragraph, may apply for that license for that part of the license year following the
19period of revocation which is at least one year after the date of conviction and the
20department shall issue that license if all licensing criteria are met. The revoked
21license may not be issued to another person during the period of revocation.
AB864,211,23
22(1m) (a) For the violation of s.
29.38 or rules adopted thereunder 29.537, by a
23forfeiture of not more than $1,000, except as provided under pars. (b) and (c).
AB864,212,224
(b) For possessing clams in violation of s.
29.38 or rules adopted thereunder 2529.537, if the value of the clams under par. (d) exceeds $300 but does not exceed
1$1,000, by a fine of not more than $5,000 or imprisonment for not more than 30 days
2or both.
AB864,212,53
(c) For possessing clams in violation of s.
29.38 or rules adopted thereunder 429.537, if the value of the clams under par. (d) exceeds $1,000, by a fine of not more
5than $10,000 or imprisonment for not more than 2 years or both.