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.
AB864,212,116
(e) For any person holding any approval issued under this chapter, upon the
7person's 2nd conviction within a 3-year period for violations of this chapter
or rules
8promulgated thereunder relating to clamming or commercial clamming, by the
9revocation of all
of the person's approvals. In addition, no commercial clamming
10license or permit may be issued to the person for at least one year after the date of
11conviction.
AB864,212,13
12(4) For any violation
of any provision of this chapter or any department order
13for which no other penalty is prescribed, by a forfeiture of not more than $100.
AB864,212,18
14(5) For violation of s.
29.48 29.539, by a fine of not less than $1,000 nor more
15than $2,000 or imprisonment for not more than 6 months or both. In addition, the
16court shall order the revocation of all hunting and sport fishing approvals issued to
17the person under this chapter and shall prohibit the issuance of any new hunting or
18sport fishing approvals under this chapter to the person for 5 years.
AB864,212,23
19(5g) For violation of s.
29.49 29.541, by a fine of not more than $500 or
20imprisonment for not more than 90 days or both. In addition, the court shall order
21the revocation of all hunting and sport fishing approvals issued to the person under
22this chapter and shall prohibit the issuance of any new hunting or sport fishing
23approvals under this chapter to the person for 3 years.
AB864,213,3
24(5m) For the violation of
any statute or rule this chapter relating to the taking
25or possession of lake sturgeon, by a fine of $1,500 or imprisonment for not more than
190 days or both for each lake sturgeon illegally taken or possessed, and a mandatory
23-year revocation of all hunting, fishing and trapping approvals issued to the person
3under this chapter.
AB864,213,10
4(7) For the violation of s.
29.23, or of any administrative rule relating to
5hunting from an airplane or using an airplane to spot, rally or drive animals for
6hunting 29.307, by a fine of not more than $1,000 for the first violation and not more
7than $2,000 for subsequent violations or imprisonment for not more than 90 days,
8or both, and by a mandatory 3-year revocation of all hunting, fishing and trapping
9approvals. An
airplane aircraft used in
any such the violation is
declared a public
10nuisance.
AB864,213,18
11(11) For hunting deer without the required approval, during the closed season,
12with the aid of artificial light or with the aid of an aircraft, for the snaring of
or setting
13snares for deer or for the possession or control of a deer carcass in violation of s.
29.39 1429.055 or
29.40 29.347, by a fine of not less than $1,000 nor more than $2,000 or by
15imprisonment for not more than 6 months or both. In addition, the court shall order
16the revocation of all approvals issued to the person under this chapter and shall
17prohibit the issuance of any new approval under this chapter to the person for 3
18years.
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.
AB864,214,5
129.971
(11m) (b) Except as provided under par. (a), for the violation of any
2provision of this chapter or any
department rule promulgated under this chapter 3relating to bear hunting, to the activities specified in s.
29.1085 (2) 29.184 (3) (br) 1.
4to 3. or to the validation of a bear carcass tag or registration of a bear, by a forfeiture
5of not more than $1,000.
AB864,214,116
(c) Any person who is convicted of hunting bear or engaging in any of the
7activities under s.
29.1085 (2) 29.184 (3) (br) with a dog that is not in compliance with
8s.
29.1085 (2g) 29.184 (4) or the licensing requirements under s. 174.053 or 174.07
9may have his or her Class A or Class B bear hunting license revoked; and if the
10license is revoked, no Class A or Class B bear hunting license may be issued to the
11person for a period of 3 years after the date of conviction.
AB864, s. 717
12Section
717. 29.99 (11p) of the statutes is renumbered 29.971 (11p).
AB864, s. 718
13Section
718. 29.99 (11r) and (11v) of the statutes are renumbered 29.971 (11r)
14and (11v) and amended to read:
AB864,214,1615
29.971
(11r) (a) For the violation of s.
29.223 29.083 (2) (a), by a forfeiture of
16not more than $500.
AB864,214,1817
(b) For the violation of s.
29.223 29.083 (2) (b), by a forfeiture of not more than
18$1,000.
AB864,214,20
19(11v) For failing to reimburse the department as required under s.
29.283 (5) 2029.404 (3), by a forfeiture of not more than $100.
AB864, s. 719
21Section
719. 29.99 (12) of the statutes is renumbered 29.971 (12).
AB864, s. 720
22Section
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
1Section
721. 29.99 (14) of the statutes is renumbered 29.971 (13).
AB864, s. 723
4Section
723. 29.995 of the statutes is renumbered 29.974 and amended to
5read:
AB864,215,16
629.974 Penalties; repeaters. (1) If a person is convicted of any violation of
7this chapter, of s. 167.31 (2) or (3) or of a rule promulgated
under this chapter or under
8s. 167.31 (4m), and it is alleged in the indictment, information or complaint, and
9proved or admitted on trial or ascertained by the court after conviction that the
10person was previously convicted within a period of 5 years for a violation of this
11chapter, of s. 167.31 (2) or (3) or of a rule promulgated
under this chapter or under
12s. 167.31 (4m) by any court of this state, the person shall be fined not more than $100,
13or imprisoned not more than 6 months or both. In addition, all hunting, fishing and
14trapping approvals issued to the person shall be revoked and no hunting, fishing or
15trapping approval may be issued to the person for a period of one year after the 2nd
16conviction.
AB864,216,3
17(2) When any person is convicted and it is alleged in the indictment,
18information or complaint and proved or admitted on trial or ascertained by the court
19after conviction that
such the person had been before convicted 3 times within a
20period of 3 years for violations of this chapter or department order punishable under
21s.
29.134 (11), 29.29 29.501 (10), 29.601 (1) or
29.99 29.971 (5), or for violation of s.
2229.48 29.539, or for violation of any statute or department order regulating the
23taking or possession of any wild animal or carcass
thereof during the closed season
1therefor or any combination of
such those violations by any court of this state, and
2that
such the convictions remain of record and unreversed,
such the person shall be
3fined not more than $2,000 or imprisoned
for not more than 9 months or both.
AB864,216,5
4(3) No penalty for any
such violation
listed in sub. (1) or (2) may be reduced or
5diminished by reason of this section.
AB864, s. 724
6Section
724. 29.996 of the statutes is renumbered 29.981.
AB864, s. 725
7Section
725. 29.9965 of the statutes is renumbered 29.983, and 29.983 (1) (a)
8and (b) 1. and 4., as renumbered, are amended to read:
AB864,216,139
29.983
(1) (a) If a court imposes a fine or forfeiture for a violation of a provision
10of this chapter or
a rule or an order issued under this chapter for the unlawful killing,
11wounding, catching, taking, trapping or possession of a wild animal specified in par.
12(b), or any part of such a wild animal, the court may impose a wild animal protection
13assessment that equals the amount specified for the wild animal under par. (b).
AB864,216,1514
(b) 1. For any wild animal that is an endangered species protected under s.
1529.415 and rules promulgated under s. 29.415 29.604, $875.
AB864,216,1616
4. For any
wildcat bobcat, fox, beaver or otter, $87.50.
AB864, s. 726
17Section
726. 29.9967 of the statutes is renumbered 29.985, and 29.985 (1) (a)
18and (2), as renumbered, are amended to read:
AB864,216,2119
29.985
(1) (a) If a court imposes a forfeiture under s.
29.283 (5) 29.404 (3), the
20court shall impose a fishing shelter removal assessment equal to the costs that
21should have been reimbursed under s.
29.283 (4) 29.404 (2).
AB864,216,24
22(2) Use of fishing shelter removal assessments funds. All moneys collected
23from fishing shelter removal assessments shall be deposited
in the fish and wildlife
24account in the conservation fund.
AB864, s. 727
1Section
727. 29.997 of the statutes is renumbered 29.987, and 29.987 (1) (a)
2and (2), as renumbered, are amended to read:
AB864,217,53
29.987
(1) (a) If a court imposes a fine or forfeiture for a violation of a provision
4of this chapter or
a rule or an order issued under this chapter, the court shall impose
5a natural resources assessment equal to 75% of the amount of the fine or forfeiture.
AB864,217,8
6(2) Use of natural resources assessment funds. All moneys collected from
7natural resources assessments shall be
deposited in the conservation fund and
8appropriated for use credited to the appropriation under s. 20.370 (3) (mu).
AB864, s. 728
9Section
728. 29.998 of the statutes is renumbered 29.989, and 29.989 (1) (a)
10and (2), as renumbered, are amended to read:
AB864,217,1311
29.989
(1) (a) If a court imposes a fine or forfeiture for a violation of a provision
12of this chapter or
a rule or an order issued under this chapter, the court shall impose
13a natural resources assessment equal to 75% of the amount of the fine or forfeiture.
AB864,217,16
14(2) Use of natural resources restitution payment funds. All moneys collected
15from natural resources restitution payments shall be
deposited in the conservation
16fund and appropriated for use under s. 20.370 (3) (mu).
AB864, s. 729
17Section
729. 30.01 (4r) of the statutes is amended to read:
AB864,217,1918
30.01
(4r) "Outlying waters" has the meaning
designated given in s.
29.01 (11) 1929.001 (63).
AB864, s. 730
20Section
730. 30.12 (4) (a) of the statutes is amended to read:
AB864,218,521
30.12
(4) (a) Activities affecting waters of the state as defined in s. 281.01 (18)
22that are carried out under the direction and supervision of the department of
23transportation in connection with highway and bridge design, location, construction,
24reconstruction, maintenance and repair are not subject to the prohibitions or permit
25or approval requirements specified under this section or s.
29.29 29.601, 30.11,
130.123, 30.195, 30.20, 59.692, 61.351, 62.231 or 87.30 or chs. 281 to 285 or 289 to 299,
2except s. 281.48. However, at the earliest practical time prior to the commencement
3of these activities, the department of transportation shall notify the department of
4the location, nature and extent of the proposed work that may affect the waters of
5the state.
AB864, s. 731
6Section
731. 30.124 (2) of the statutes is amended to read:
AB864,218,87
30.124
(2) The department may use moneys available under s.
29.102 (2) (a) 829.191 (1) (b) 1. to engage in the activities described under sub. (1).
AB864, s. 732
9Section
732. 30.202 (3) of the statutes is amended to read:
AB864,218,1510
30.202
(3) Exemption from statutes and rules. Dredge spoil disposal activities
11authorized under sub. (2) are exempt from any prohibition, restriction, requirement,
12permit, license, approval, authorization, fee, notice, hearing, procedure or penalty
13specified under s.
29.29 29.601, 30.01 to 30.20, 30.21 to 30.99, 59.692 or 87.30 or chs.
14281 to 285 or 289 to 299, except s. 281.48,or specified in any rule promulgated, order
15issued or ordinance adopted under those sections or chapters.
AB864, s. 733
16Section
733. 30.204 (5) of the statutes is amended to read:
AB864,218,2417
30.204
(5) Exemption from certain statutes and rules. Activities of the
18department in conducting the lake acidification experiment are exempt from any
19prohibition, restriction, requirement, permit, license, approval, authorization, fee,
20notice, hearing, procedure or penalty specified under s.
29.29 29.601 (3), 30.01 to
2130.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.692, 87.30, 287.81, 299.15 to
22299.23, 299.91, 299.95 or 299.97 or chs. 281, 283 or 289 to 292 or specified in any rule
23promulgated, order issued or ordinance adopted under any of those sections or
24chapters.
AB864, s. 734
25Section
734. 30.51 (2) (c) 2. of the statutes is amended to read:
AB864,219,2
130.51
(2) (c) 2. A federally documented vessel which is a commercial fishing
2boat licensed under s.
29.33 29.519.
AB864, s. 735
3Section
735. 30.71 of the statutes is amended to read:
AB864,219,8
430.71 Boats equipped with toilets. No person may, while maintaining or
5operating any boat equipped with toilets on inland waters or outlying waters of this
6state, as defined in s.
29.01 (9) 29.001 (45) and
(11) (63), dispose of any toilet wastes
7in any manner into the inland or outlying waters of this state. The department of
8commerce may promulgate rules necessary to carry out the purposes of this section.
AB864, s. 736
9Section
736. 30.745 (1) (c) of the statutes is repealed.
AB864, s. 737
10Section
737. 30.92 (1) (bn) of the statutes is repealed and recreated to read:
AB864,219,1111
30.92
(1) (bn) "Inland water" has the meaning given in s. 29.001 (45).
AB864,220,1314
59.25
(3) (f) 2. For all court imposed fines and forfeitures required by law to be
15deposited in the state treasury, the amounts required by s. 165.87 for the penalty
16assessment surcharge, the amounts required by s. 165.755 for the crime laboratories
17and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the
18weapons assessment, the amounts required by s. 973.045 for the crime victim and
19witness assistance surcharge, the amounts required by 938.34 (8d) for the
20delinquency victim and witness assistance surcharge, the amounts required by s.
21973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by
22s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts
23authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse
24assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment
25under the supplemental food program for women, infants and children, the amounts
1required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the
2amounts required by s. 102.85 (4) for the uninsured employer assessment, the
3amounts required by s. 299.93 for the environmental assessment, the amounts
4required by s.
29.9965 29.983 for the wild animal protection assessment, the
5amounts required by s.
29.997 29.987 for the natural resources assessment
6surcharge, the amounts required by s.
29.9967 29.985 for the fishing shelter removal
7assessment, the amounts required by s. 350.115 for the snowmobile registration
8restitution payment and the amounts required by s.
29.998 29.989 for natural
9resources restitution payments, transmit to the state treasurer a statement of all
10moneys required by law to be paid on the actions entered during the preceding month
11on or before the first day of the next succeeding month, certified by the county
12treasurer's personal signature affixed or attached thereto, and at the same time pay
13to the state treasurer the amount thereof.
AB864,221,1616
59.40
(2) (m) Pay monthly to the treasurer for the use of the state the state's
17percentage of the fees required to be paid on each civil action, criminal action and
18special proceeding filed during the preceding month and pay monthly to the
19treasurer for the use of the state the percentage of court imposed fines and forfeitures
20required by law to be deposited in the state treasury, the amounts required by s.
21165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s.
22165.755 for the crime laboratories and drug law enforcement assessment, the
23amounts required by s. 167.31 (5) for the weapons assessment, the amounts required
24by s. 973.045 for the crime victim and witness assistance surcharge, the amounts
25required by s. 938.34 (8d) for the delinquency victim and witness assistance
1surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis
2surcharge, the amounts required by s. 961.41 (5) for the drug abuse program
3improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required
4by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by
5s. 253.06 (4) (c) for the enforcement assessment under the supplemental food
6program for women, infants and children, the amounts required by s. 346.655 for the
7driver improvement surcharge, the amounts required by s. 102.85 (4) for the
8uninsured employer assessment, the amounts required by s. 299.93 for the
9environmental assessment, the amounts required under s.
29.9965 29.983 for the
10wild animal protection assessment, the amounts required under s.
29.997 29.987 (1)
11(d) for the natural resources assessment surcharge, the amounts required by s.
1229.9967 29.985 for the fishing shelter removal assessment, the amounts required by
13s. 350.115 for the snowmobile registration restitution payment and the amounts
14required under s.
29.998 29.989 (1) (d) for the natural resources restitution
15payments. The payments shall be made by the 15th day of the month following
16receipt thereof.
AB864, s. 740
17Section
740. 66.894 (2) of the statutes is amended to read:
AB864,221,2418
66.894
(2) River and lake beds. (a) Except as provided in par. (b), the
19commission may lay, construct and maintain, without compensation to the state, any
20part of the sewerage system or of its works or appurtenances over, upon or under any
21part of the bed of any river or its branches flowing through the district, or of any land
22that has not been the subject of a state lake bed grant to a county in which a 1st class
23city is located and that is covered by any of the outlying waters, as defined in s.
29.01
24(11) 29.001 (63).
AB864,222,5
1(b) Nothing in ss. 66.88 to 66.918 authorizes the commission to lay or construct
2any part of the sewerage system after April 27, 1982, over, upon or under any land
3covered by any outlying waters, as defined in s.
29.01 (11) 29.001 (63), unless the
4commission first obtains the prior consent of both houses of the legislature and the
5governor.
AB864, s. 741
6Section
741. 70.111 (3m) of the statutes is amended to read:
AB864,222,127
70.111
(3m) Charter sport fishing boats. Motorboats, and the equipment
8used on them, which are regularly employed in carrying persons for hire for sport
9fishing in and upon the outlying waters, as defined in s.
29.01 (11) 29.001 (63), and
10the rivers and tributaries specified in s.
29.15 (1)
29.191 (5) (a) 1. and 2. if the owner
11and all operators are licensed under s.
29.165 29.512 or under s.
29.166 29.514 or both
12and by the U.S. coast guard to operate the boat for that purpose.
AB864,222,2315
70.113
(1) (intro.) As soon after April 20 of each year as is feasible the
16department of natural resources shall pay to the city, village, or town treasurer all
17of the following amounts from the following appropriations for each acre situated in
18the municipality of state forest lands, as defined in s. 28.02 (1), state parks under s.
1927.01 and state public shooting, trapping or fishing grounds and reserves or refuges
20operated thereon, acquired at any time under s. 29.10, 1943 stats., s. 23.09 (2) (d) or
2129.571 29.749 (1) or from the appropriations made by s. 20.866 (2) (tp) by the
22department of natural resources or leased from the federal government by the
23department of natural resources:
AB864, s. 743
24Section
743. 70.113 (2) (a) of the statutes is amended to read:
AB864,223,7
170.113
(2) (a) Towns, cities or villages shall be paid for forest lands as defined
2in s. 28.02 (1), state parks under s. 27.01 and other lands acquired under s. 23.09 (2)
3(d), 23.27, 23.29, 23.293, 23.31 or
29.571 29.749 (1) located within such municipality
4and acquired after June 30, 1969. Such payments shall be made from the
5appropriation under s. 20.370 (5) (da) or (dq) and remitted by the department of
6natural resources in the amounts certified by the department of revenue according
7to par. (b).
AB864, s. 744
8Section
744. 70.114 (1) (c) of the statutes is amended to read:
AB864,223,129
70.114
(1) (c) "Land" means state forests, as defined in s. 28.02 (1), that are
10acquired after December 31, 1991, state parks that are acquired after December 31,
111991, under s. 27.01 and other areas that are acquired after December 31, 1991,
12under s. 23.09 (2) (d), 23.091, 23.27, 23.29, 23.293, 23.31 or
29.571 29.749 (1).
AB864,223,2415
71.10
(5) (a) 2. "Endangered resources program" means purchasing or
16improving land or habitats for any native Wisconsin endangered or threatened
17species as defined in s.
29.415 29.604 (2) (a) or (b) or for any nongame species as
18defined in s.
29.01 (10) 29.001 (60), conducting the natural heritage inventory
19program under s. 23.27 (3), conducting wildlife and resource research and surveys
20and providing wildlife management services, providing for wildlife damage control
21or the payment of claims for damage associated with endangered or threatened
22species, repaying the general fund for amounts expended under s. 20.370 (1) (fb) in
23fiscal year 1983-84 and the payment of administrative expenses related to the
24administration of this subsection.
AB864, s. 746
25Section
746. 94.50 (5) of the statutes is amended to read:
AB864,224,6
194.50
(5) False information. No person may include false information on any
2document or record required under this section, or submit false information to the
3department in connection with a registration under sub. (2). No person may
4knowingly accept or retain a document or record required under this section that
5contains false information to facilitate the sale or shipment of ginseng in violation
6of this section or s.
29.547 29.611.
AB864, s. 747
7Section
747. 114.10 of the statutes is amended to read:
AB864,224,11
8114.10 Killing birds or animals. Any
aeronaut or passenger, person who,
9while in flight within this state, intentionally kills or attempts to kill any birds or
10animals or who shoots at any bird or animal from an
airplane aircraft is subject to
11the penalties provided under s.
29.99 29.971 (7).
AB864, s. 748
12Section
748. 125.27 (2) (a) 1. (intro.) of the statutes is amended to read:
AB864,224,1713
125.27
(2) (a) 1. (intro.) The department may issue a Class "B" permit to any
14person who holds a valid certificate issued under s. 73.03 (50) and who is qualified
15under s. 125.04 (5) authorizing the sale of fermented malt beverages for consumption
16on any vessel having a regular place of mooring located in any waters of this state
17as defined under s.
29.01 (9) 29.001 (45) and
(11) (63) if any of the following applies:
AB864, s. 749
18Section
749. 125.51 (5) (c) 1. of the statutes is amended to read:
AB864,225,1219
125.51
(5) (c) 1. The department may issue a "Class B" permit to any person
20who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s.
21125.04 (5) authorizing the sale of intoxicating liquor for consumption on any vessel
22having a regular place of mooring located in any waters of this state as defined under
23s.
29.01 (9) 29.001 (45) and
(11) (63) if the vessel either serves food and has an
24approved passenger capacity of not less than 40 individuals and the sale of
25intoxicating liquor and fermented malt beverages on the vessel accounts for less than
150% of the gross receipts of all of the food and beverages served on the vessel or if the
2vessel has an approved passenger capacity of at least 100 individuals and the sale
3of intoxicating liquor and fermented malt beverages on the vessel accounts for less
4than 50% of the gross receipts of the vessel. The department may issue the permit
5only if the vessel leaves its place of mooring while the sale of intoxicating liquor is
6taking place and if the vessel fulfills the requirement under par. (c) 1m. A permit
7issued under this subdivision also authorizes the permittee to store intoxicating
8liquor purchased for sale on the vessel on premises owned or leased by the permittee
9and located near the vessel's regular place of mooring. The permittee shall describe
10on the permit application under s. 125.04 (3) (a) 3. the premises where the
11intoxicating liquor will be stored. The premises shall be open to inspection by the
12department upon request.
AB864, s. 750
13Section
750. 167.31 (1) (h) of the statutes is amended to read:
AB864,225,1714
167.31
(1) (h) "Vehicle" has the meaning given under s. 340.01 (74), and
15includes a snowmobile, as defined under s. 340.01 (58a), except that for purposes of
16subs. (4) (c) and (cg) and (4m) "vehicle" has the meaning given
for "motor vehicle" in
17s.
29.09 (9) (a) 4. 29.001 (57).