AB864: Bill Text

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.

AB864,211,21 (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 29.519 (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.

AB864,211,23 (1m) (a) For the violation of s. 29.38 or rules adopted thereunder 29.537, by a forfeiture of not more than $1,000, except as provided under pars. (b) and (c).

AB864,212,2 (b) For possessing clams in violation of s. 29.38 or rules adopted thereunder 29.537, 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.

AB864,212,5 (c) For possessing clams in violation of s. 29.38 or rules adopted thereunder 29.537, 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.

AB864,212,11 (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 of 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.

AB864,212,13 (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.

AB864,212,18 (5) For violation of s. 29.48 29.539, 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.

AB864,212,23 (5g) For violation of s. 29.49 29.541, 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.

AB864,213,3 (5m) For the violation of any statute or rule this chapter 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.

AB864,213,10 (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 29.307, 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 aircraft used in any such the violation is declared a public nuisance.

AB864,213,18 (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 or setting snares for deer or for the possession or control of a deer carcass in violation of s. 29.39 29.055 or 29.40 29.347, 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.

Note: The additional language makes the penalty applicable to the setting of a snare for deer and does not require that a deer be caught with a snare, as under the current statute.

AB864, s. 715 Section 715. 29.99 (11m) (a) of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.971 (11m) (a).

AB864, s. 716 Section 716. 29.99 (11m) (b) and (c) of the statutes, as affected by 1997 Wisconsin Act 1, are renumbered 29.971 (11m) (b) and (c) and amended to read:

AB864,214,5 29.971 (11m) (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, to the activities specified in s. 29.1085 (2) 29.184 (3) (br) 1. to 3. or to the validation of a bear carcass tag or registration of a bear, by a forfeiture of not more than $1,000.

AB864,214,11 (c) Any person who is convicted of hunting bear or engaging in any of the activities under s. 29.1085 (2) 29.184 (3) (br) with a dog that is not in compliance with s. 29.1085 (2g) 29.184 (4) or the licensing requirements under s. 174.053 or 174.07 may have his or her Class A or Class B bear hunting license revoked; and if the license is revoked, no Class A or Class B bear hunting license may be issued to the person for a period of 3 years after the date of conviction.

AB864, s. 717 Section 717. 29.99 (11p) of the statutes is renumbered 29.971 (11p).

AB864, s. 718 Section 718. 29.99 (11r) and (11v) of the statutes are renumbered 29.971 (11r) and (11v) and amended to read:

AB864,214,16 29.971 (11r) (a) For the violation of s. 29.223 29.083 (2) (a), by a forfeiture of not more than $500.

AB864,214,18 (b) For the violation of s. 29.223 29.083 (2) (b), by a forfeiture of not more than $1,000.

AB864,214,20 (11v) For failing to reimburse the department as required under s. 29.283 (5) 29.404 (3), by a forfeiture of not more than $100.

AB864, s. 719 Section 719. 29.99 (12) of the statutes is renumbered 29.971 (12).

AB864, s. 720 Section 720. 29.99 (13) of the statutes is repealed.

Note: The current text of s. 29.99 (13) is as follows:

"29.99 (13) The word "person" as used in this section includes natural persons, firms, associations, and corporations.".

The definition is superfluous. The definition of "person", applicable to all statutes, is found in s. 990.01 (26). That definition includes all provisions of the repealed definition, as well as partnerships and governmental bodies.

AB864, s. 721 Section 721. 29.99 (14) of the statutes is renumbered 29.971 (13).

AB864, s. 722 Section 722. 29.99 (15) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.971 (14).

AB864, s. 723 Section 723. 29.995 of the statutes is renumbered 29.974 and amended to read:

AB864,215,16 29.974 Penalties; repeaters. (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.

AB864,216,3 (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 the 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 29.501 (10), 29.601 (1) or 29.99 29.971 (5), or for violation of s. 29.48 29.539, 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 those violations by any court of this state, and that such the convictions remain of record and unreversed, such the person shall be fined not more than $2,000 or imprisoned for not more than 9 months or both.

AB864,216,5 (3) No penalty for any such violation listed in sub. (1) or (2) may be reduced or diminished by reason of this section.

AB864, s. 724 Section 724. 29.996 of the statutes is renumbered 29.981.

AB864, s. 725 Section 725. 29.9965 of the statutes is renumbered 29.983, and 29.983 (1) (a) and (b) 1. and 4., as renumbered, are amended to read:

AB864,216,13 29.983 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or a rule or an 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).

AB864,216,15 (b) 1. For any wild animal that is an endangered species protected under s. 29.415 and rules promulgated under s. 29.415 29.604, $875.

AB864,216,16 4. For any wildcat bobcat, fox, beaver or otter, $87.50.

AB864, s. 726 Section 726. 29.9967 of the statutes is renumbered 29.985, and 29.985 (1) (a) and (2), as renumbered, are amended to read:

AB864,216,21 29.985 (1) (a) If a court imposes a forfeiture under s. 29.283 (5) 29.404 (3), the court shall impose a fishing shelter removal assessment equal to the costs that should have been reimbursed under s. 29.283 (4) 29.404 (2).

AB864,216,24 (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.

AB864, s. 727 Section 727. 29.997 of the statutes is renumbered 29.987, and 29.987 (1) (a) and (2), as renumbered, are amended to read:

AB864,217,5 29.987 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or a rule or an order issued under this chapter, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture.

AB864,217,8 (2) Use of natural resources assessment funds. All moneys collected from natural resources assessments shall be deposited in the conservation fund and appropriated for use credited to the appropriation under s. 20.370 (3) (mu).

AB864, s. 728 Section 728. 29.998 of the statutes is renumbered 29.989, and 29.989 (1) (a) and (2), as renumbered, are amended to read:

AB864,217,13 29.989 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or a rule or an order issued under this chapter, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture.

AB864,217,16 (2) Use of natural resources restitution payment funds. All moneys collected from natural resources restitution payments shall be deposited in the conservation fund and appropriated for use under s. 20.370 (3) (mu).

AB864, s. 729 Section 729. 30.01 (4r) of the statutes is amended to read:

AB864,217,19 30.01 (4r) "Outlying waters" has the meaning designated given in s. 29.01 (11) 29.001 (63).