AB864,31,7
5(1m) Any licensed
, tagged or marked net or other device
, trap or contrivance 6for fishing set, placed, or found in any waters where
the same it is prohibited to be
7used, or in a manner prohibited by
law this chapter.
AB864,31,9
8(2) Any unlicensed
, untagged or unmarked setline, cable, rope, or line, with
9more than one fish line attached
thereto; or any.
AB864,31,12
10(2c) Any licensed
, tagged or marked setline set, placed, or found in any waters
11where
the same it is prohibited to be used, or in a manner prohibited by
law; or any 12this chapter.
AB864,31,14
13(2g) Any fish line left in the water unattended, whether having one or more
14hooks attached.
AB864,31,20
15(2m) Any long tunnel pound net or similar entrapping net other than the legal
16fyke net, drop net, submarine trap net and the short tunnel pound net whenever
17found in outlying waters or on any
vessel boat, dock, pier
, or wharf or in any building
18or vehicle on or adjacent to
such outlying waters. Any
such contraband nets
so found
19as described in this subsection shall be
deemed sufficient evidence of the use of
such 20the nets by the owner
thereof.
AB864,31,23
21(3) Any
screen device set in public waters to prevent the free passage of fish,
22or set in any stream which has been stocked by
the state
authorities unless
23authorized by the department.
AB864,31,25
24(4) Any
building, inclosure, permanent or temporary structure
, or shelter 25placed, occupied, or used on the ice of any waters in violation of this chapter.
AB864,32,2
1(5) Any unlicensed trap, snare, spring gun, set gun, net or other device
or
2contrivance which might entrap, ensnare, or kill game
; or any.
AB864,32,3
3(5m) Any trap without a metal tag attached as required by law.
AB864,32,4
4(6) Any boat, together with its
machinery, sails, tackle and equipment
, or any.
AB864,32,7
5(6g) Any lamp, light, gun,
pivot gun, swivel gun, or other firearm
, ammunition,
6bow, crossbow or arrow used in violation of this chapter or s. 167.31
; or any or any
7rules promulgated under s. 167.31.
AB864,32,9
8(6r) Any boat, floating raft, box, or blind set in open water and used in hunting
9game birds.
AB864,32,10
10(10) Any blind used in hunting waterfowl in violation of s.
29.27 29.327.
AB864,32,14
11(11) Any
motor vehicle,
as defined in s. 939.22 (44) boat, aircraft, remote
12sensing equipment, navigational device, survey equipment, scuba gear or other
13equipment or device used in the commission of a crime relating to a submerged
14cultural resource in violation of s. 44.47.
AB864, s. 94
15Section
94. 29.035 (title) of the statutes is created to read:
AB864,32,16
1629.035 (title)
Report of department.
AB864, s. 95
17Section
95. 29.047 (1) and (1m) of the statutes are created to read:
AB864,32,1818
29.047
(1) (a) In this subsection:
AB864,32,2019
1. "Transport" includes to cause to be transported, to deliver or offer to deliver
20for transportation and to receive or offer to receive for transportation.
AB864,32,2121
2. "Game" means any wild animal, wild bird or game fish.
AB864,32,2322
(b) No person in this state may transport into or through this state any game,
23or its carcass, from any other state in violation of any law of the other state.
AB864,33,224
(c) No person in this state may transport, possess or control in this state any
25game, or its carcass, that was taken in another state in violation of any restriction
1on open and closed seasons established under this chapter or of any bag, possession
2or size limit established under this chapter unless all of the following apply:
AB864,33,43
1. The game was lawfully taken in and lawfully transported from the other
4state.
AB864,33,65
2. The person holds a license issued by the other state that authorized the
6person to transport, possess or control the game or its carcass.
AB864,33,10
7(1m) Unless prohibited by the laws of an adjoining state, any person who has
8lawfully killed a deer in this state may take the deer or its carcass into the adjoining
9state and ship the deer or carcass from any point in the adjoining state to any point
10in this state.
AB864, s. 96
11Section
96. 29.047 (2) (intro.) of the statutes is created to read:
AB864,33,1212
29.047
(2) (intro.) Subsection (1) does not apply to any of the following:
AB864, s. 97
13Section
97. 29.05 (title) of the statutes is repealed.
AB864, s. 98
14Section
98. 29.05 (1) of the statutes is renumbered 29.921 (1) and amended
15to read:
AB864,34,216
29.921
(1) (title)
Warrants, arrests Generally. The department and its
17wardens may execute and serve warrants and processes issued under any law
18enumerated in ss. 23.50 (1), 167.31, 346.19, 940.24, 941.20, 948.60, 948.605 and
19948.61 in the same manner as any constable may serve and execute the process; and
20may arrest, with or without a warrant, any person detected in the actual violation,
21or whom the officer has probable cause to believe is guilty of a violation of any of the
22laws cited in this subsection, whether the violation is punishable by criminal
23penalties or
civil by forfeiture, and may take the person before any court in the county
24where the offense was committed and make a proper complaint. For the purpose of
25enforcing any of the laws cited in this subsection, any
such officer may stop and board
1any boat and stop any
automobile, snowmobile or other vehicle, if the officer
2reasonably suspects there is a violation of those sections.
AB864, s. 99
3Section
99. 29.05 (1d) of the statutes is renumbered 29.921 (2) and amended
4to read:
AB864,34,145
29.921
(2) (title)
Warrants, arrests; field Field archaeology. The department
6and any of its wardens may execute and serve warrants and processes issued for
7violations of s. 44.47 occurring on the bed of any stream or lake in the same manner
8as any constable may serve and execute
such the process; and may arrest a person,
9with or without a warrant, who is detected committing such a violation, or whom the
10warden has probable cause to believe is guilty of a violation of s. 44.47, and may take
11the person before any court in the county where the violation was committed and
12make proper complaint. For the purpose of enforcing s. 44.47, any warden may stop
13and board any boat and stop any
automobile, snowmobile or other vehicle, if the
14warden reasonably suspects that there is a violation of s. 44.47.
AB864, s. 100
15Section
100. 29.05 (1m) of the statutes is renumbered 29.921 (3) and amended
16to read:
AB864,35,317
29.921
(3) (title)
Warrants, arrests; harassment Harassment. The
18department and its wardens may execute and serve warrants and processes issued
19for violations of s. 947.013 (1m) (b) if the victim of the harassment is intentionally
20selected because of the victim's race in the same manner as any constable may serve
21and execute the process; and may arrest, with or without a warrant, any person
22detected in the actual violation, or whom the warden has probable cause to believe
23guilty of a violation of s. 947.013 (1m) (b), whether the violation is punishable by
24criminal penalties or
civil by forfeiture and may take the person before any court in
25the county where the offense was committed and make a proper complaint. For the
1purpose of enforcing s. 947.013 (1m) (b), any warden may stop and board any boat
2and stop any
automobile, snowmobile or other vehicle, if the warden reasonably
3suspects there is a violation of s. 947.013 (1m).
AB864, s. 101
4Section
101. 29.05 (1v) of the statutes is renumbered 29.921 (4) and amended
5to read:
AB864,35,186
29.921
(4) (title)
Warrants, arrests; tribal Tribal code enforcement. If a
7federally recognized American Indian tribe or band consents to the enforcement of
8its conservation code by the department or if a federal court order authorizes or
9directs
such the enforcement, the department and its wardens may execute and
10serve warrants and processes issued for violations of the tribe's or band's
11conservation code that occur outside the exterior boundaries of American Indian
12reservations; and may arrest a person, with or without a warrant, who is detected
13committing such a violation, or whom the warden has probable cause to believe is
14guilty of such a violation, and may take the person before the tribal court of
15appropriate jurisdiction and make proper complaint. For the purpose of enforcing
16a tribe's or band's conservation code, any warden may stop and board any boat and
17may stop any
automobile, snowmobile or other vehicle, if the warden reasonably
18suspects there is a violation of such a conservation code.
AB864, s. 102
19Section
102. 29.05 (2) of the statutes is renumbered 29.921 (5) and amended
20to read:
AB864,36,1521
29.921
(5) Additional arrest powers. In addition to the arrest powers under
22sub. (1), a
conservation warden who has completed a program of law enforcement
23training approved by the law enforcement standards board, has been certified as
24qualified to be a law enforcement officer under s. 165.85 (4) (b) 1. and has complied
25with any applicable requirements under s. 165.85 (4) (bn) 1. while on duty and in
1uniform or on duty and upon display of proper credentials may assist another law
2enforcement agency as defined under s. 165.83 (1) (b) including making an arrest at
3the request of the agency, may arrest a person pursuant to an arrest warrant
4concerning the commission of a felony or may arrest a person who has committed a
5crime in the presence of the warden. If the
conservation warden makes an arrest
6without the presence of another law enforcement agency, the
conservation warden
7shall cause the person arrested to be delivered to the chief of police or sheriff in the
8jurisdiction where the arrest is made, along with the documents and reports
9pertaining to the arrest. The
conservation warden shall be available as a witness for
10the state. A
conservation warden may not conduct investigations for violations of
11state law except as authorized in
sub. (3) and ss. 23.11 (4)
, 29.924 (1) and 41.41 (12).
12A
conservation warden acting under the authority of this subsection is considered an
13employe of the department and is subject to its direction, benefits and legal
14protection. The authority granted in this section does not apply to county
15conservation wardens or special conservation wardens.
AB864, s. 103
16Section
103. 29.05 (3) of the statutes is renumbered 29.924 (1) and amended
17to read:
AB864,36,2218
29.924
(1) Investigations. Such officers The department and its wardens shall,
19upon receiving notice or information of the violation of any laws cited in
sub. s. 29.921 20(1), as soon as possible make a thorough investigation
thereof, and
cause proceedings
21to be instituted if the proofs at hand warrant institute proceedings if the evidence
22warrants it.
AB864, s. 104
23Section
104. 29.05 (4) of the statutes is renumbered 29.924 (2) and amended
24to read:
AB864,37,11
129.924
(2) Driving without headlights. In the performance of their law
2enforcement duties
under this chapter, duly authorized
, wardens may operate
motor 3vehicles owned or leased by the department upon a highway, other than an
4interstate, a state trunk highway or any highway within the limits of any
5incorporated area, during hours of darkness without lighted headlamps, tail lamps
6or clearance lamps, contrary to s. 347.06, if the driving will aid in the
7accomplishment of a lawful arrest for violation of this chapter
or rules promulgated
8under this chapter or in ascertaining whether a violation of this chapter
or rules
9promulgated under this chapter has been or is about to be committed. Any civil
10action or proceeding brought against any warden operating a motor vehicle under
11this subsection is subject to ss. 893.82 and 895.46.
AB864, s. 105
12Section
105. 29.05 (5) of the statutes is renumbered 29.924 (3) and amended
13to read:
AB864,37,2014
29.924
(3) Opening packages. The department and its wardens may examine
15and open any package in the possession of a common carrier which they have
16probable cause to believe contains wild animals in violation of this chapter, or
17carcasses
or parts thereof, or is falsely labeled in violation of this chapter
; and every
18such. Each common carrier
, and
every its agent
, servant, or employe
thereof, shall
19permit
any such the officer to examine and open
any such the package. Any
opened 20package
so opened shall be restored to its original condition.
AB864, s. 106
21Section
106. 29.05 (6) of the statutes is renumbered 29.924 (4) and amended
22to read:
AB864,38,623
29.924
(4) Access to storage places.
For purposes of enforcing this chapter,
24the department and its wardens shall be permitted by the The owner or occupant of
25any cold storage warehouse or building used for the storage or retention of wild
1animals
, or carcasses
or parts thereof, shall permit the department and its wardens 2to enter and examine
said the premises subject to ss. 66.122 and 66.123
; and the. The 3owner or occupant, or the agent
, servant, or employe of the owner
or occupant, shall
4deliver to
any such the officer any wild animal
, or carcass
or part thereof, in his or
5her possession during the closed season
therefor, whether taken within or without
6the state.
AB864, s. 107
7Section
107. 29.05 (6m) of the statutes is renumbered 29.924 (5) and amended
8to read:
AB864,38,139
29.924
(5) Access to private land.
For purposes of this chapter, the The 10department may, after making reasonable efforts to notify the owner or occupant,
11enter
upon private lands to retrieve
,
or diagnose
or otherwise determine if there are 12dead or diseased wild animals
upon those lands, and take actions reasonably
13necessary to prevent the spread of contagious disease in the wild animals.
AB864, s. 108
14Section
108. 29.05 (7) of the statutes is renumbered 29.931 (1) and amended
15to read:
AB864,38,2516
29.931
(1) (title)
Seizure and confiscation of game, or game fish wild animals
17or plants. They The department and its wardens shall seize and confiscate
in the
18name of the state any wild animal,
or carcass
or part thereof, or plant caught, killed,
19taken, had in possession or under control, sold or transported in violation of this
20chapter
; and
any such the officer may, with or without warrant, open, enter and
21examine all buildings, camps,
vessels or boats
in on inland or outlying waters,
22wagons, automobiles or other vehicles,
cars, stages, tents, suit cases, valises,
23packages
, and other
receptacles and places where the officer has probable cause to
24believe that wild animals,
carcasses or plants, taken or held in violation of this
25chapter, are to be found.
Note: This provision adds "plant" to the statute that currently authorizes DNR to
seize and confiscate wild animals and carcasses. The statute on seizure and confiscation
predates the statutes related to wild plants (endangered and threatened species, wild rice
and wild ginseng), and the statute on seizure and confiscation was not amended to allow
seizure and confiscation of plants. This appears to have been an omission, which is
corrected in this provision.
AB864, s. 109
1Section
109. 29.05 (8) of the statutes is renumbered 29.931 (2) and amended
2to read:
AB864,39,173
29.931
(2) (title)
Seizure and confiscation of apparatus, etc. objects
; sale of
4perishable property. (a) The department and its wardens shall seize and hold
, 5subject to the order of the court for the county in which the alleged offense was
6committed, any
apparatus, appliance, equipment, vehicle
boat or
device, object 7declared by this chapter to be a public nuisance,
or which they have probable cause
8to believe is being used in violation of this chapter
, an administrative rule
9promulgated under this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605
10or 948.61 or is being used in the commission of a crime relating to a submerged
11cultural resource in violation of s. 44.47. If it is proven
that the vehicle, boat or object
12is a public nuisance or that within 6 months previous to the seizure the
apparatus,
13appliance, equipment, vehicle
, boat or
device object was used in violation of this
14chapter
or an administrative rule promulgated under this chapter or s. 167.31,
15287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or was used in the commission of
16a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be
17confiscated if the court directs in its order for judgment.
Note: The word "or", which is inserted in current s. 29.05 (8) (a), was previously
a part of this provision but was deleted, apparently in error, by ch. 365, laws of 1975. The
2nd sentence of this paragraph is amended to make it parallel to the first sentence.
AB864,40,518
(b) Any perishable property seized by the department or its wardens may be
19sold at the highest available price, and the proceeds of the sale turned into court
to
20await for disposition
of the proceeds as the court directs.
A conservation warden or
1other officers charged with the enforcement of the laws dealing with the conservation
2of the natural resources of the state may kill a dog found running, injuring, causing
3injury to, or killing any deer, other than farm-raised deer, or destroying game birds,
4their eggs or nests, if immediate action is necessary to protect the deer or game birds,
5their nests or eggs, from injury or death.
Note: The last sentence of par. (b) is recreated as new s. 29.921 (7).
AB864, s. 110
6Section
110. 29.05 (9) of the statutes is renumbered 29.931 (3).
AB864, s. 111
7Section
111. 29.05 (10) of the statutes is renumbered 29.944 and amended to
8read:
AB864,40,16
929.944 Exemption from liability. Members of the natural resources board,
10and each warden, in the performance of official duties,
shall be are exempt from
any
11and all liability to any person for acts done or permitted or property destroyed by
12authority of law.
In any action brought against any board member or warden
13involving any official action the district attorney of the county in which the action is
14commenced shall represent such board member or warden. No taxable costs or
15attorney fees shall be allowed to either party in
said
an action
against a member of
16the natural resources board or a warden.
Note: The department of justice represents the state and its employes in lawsuits
such as those described in this section.
AB864, s. 112
17Section
112. 29.053 (title) of the statutes is created to read:
AB864,40,18
1829.053 (title)
Specific open and closed seasons.
AB864, s. 113
19Section
113. 29.06 (title) of the statutes is renumbered 29.934 (title) and
20amended to read:
AB864,40,21
2129.934 (title)
Sale of confiscated game and apparatus objects.
AB864, s. 114
1Section
114. 29.06 (1) of the statutes, as affected by
1997 Wisconsin Act 35,
2is renumbered 29.934 (1), and 29.934 (1) (a), (b), (c) 2., (d) and (e), as renumbered,
3are amended to read:
AB864,41,164
29.934
(1) (a) All wild animals,
or carcasses or
parts thereof, plants that are
5confiscated by the department and all confiscated
apparatus, appliances,
6equipment, vehicles
, boats or
devices objects shall, if not destroyed as authorized by
7law, be sold at the highest price obtainable, by the department
or its wardens, or by
8an agent on commission under
the written authority and supervision of the
9department. The net proceeds of
all sales under this subsection, after deducting the
10expense of seizure and sale and any commissions and any amounts owing to holders
11of security interests under par. (c) or (d), shall be
promptly remitted
, by the warden
12by whom or under whose authority and supervision the sales are made, to the
13department. The remittance shall be accompanied by a
complete and certified report
14of the sales
made under this subsection, supported by
proper vouchers
covering all
15deductions made for expenses and commissions, and shall be filed with the
16department.
AB864,41,2017
(b) Of the remittance from the sales of confiscated
apparatus, appliances,
18equipment, vehicles
, boats or
devices objects, 18% shall be paid into the conservation
19fund to reimburse it for expenses incurred in seizure and sale, and the remaining
2082% shall be paid into the common school fund.
AB864,41,2421
(c) 2. The time of sale of the confiscated motor vehicle shall be within 20 days
22after judgment of confiscation as provided in s.
29.05 (8) 29.931 (2). The department
23shall give each secured party discovered in accordance with subd. 1. at least 10 days'
24notice of the time and place of sale of the motor vehicle.
AB864,42,2
1(d) The provisions of s. 973.075 (1) (b) 1. to 3. and (5) apply to
boats and vehicles
, 2other than motor vehicles
, under this subsection.
AB864,42,53
(e) This subsection
shall does not apply to a deer killed, or so injured that it
4must be killed, by a collision with a motor vehicle on a highway. For purposes of this
5subsection, "deer" does not include farm-raised deer.
AB864, s. 115
6Section
115. 29.06 (2) and (3) of the statutes are renumbered 29.934 (2) and
7(3) and amended to read:
AB864,42,148
29.934
(2) On any sales under this section of wild animals
, or carcasses
or parts
9thereof, the
warden department or
the agent selling them shall issue to each
10purchaser a certificate, on forms
to be prepared and furnished by the department,
11covering
such the sales. The wild animals
, or carcasses
or parts thereof, so purchased
12shall be consumed or otherwise disposed of by the purchaser within a period to be set
13by the department, but
shall may not be resold
, bartered, or exchanged, in whole or
14in part, to any other person, except as provided in sub. (3).
AB864,42,22
15(3) Confiscated fish or game sold under this section to the
keeper, manager, or
16steward owner or operator of
any
a restaurant
, club, hotel, or boarding house may
17be served to
the guests thereof; but in such case the
customers. The certificate
18covering the purchase shall be hung in public view in the place where the fish or game
19is served, and
such the fish or game shall at the time of sale be tagged by the
warden 20department or
the agent selling it
, such. The tag
to
shall show the date of sale and
21shall be returned to
said warden
the department or agent within 5 days
thereafter 22after the sale.
AB864, s. 116
23Section
116. 29.07 of the statutes is renumbered 29.941 and amended to read:
AB864,43,3
2429.941 (title)
Assistance of police law enforcement officers. All sheriffs,
25deputy sheriffs
, coroners, and other
police law enforcement officers are deputy
1conservation wardens, and shall assist the department and its wardens in the
2enforcement of this chapter whenever notice of a violation
thereof is given to
either
3of them by the department or its wardens.
Note: The duties of conservation wardens are not consistent with the duties of
coroners.
AB864, s. 117
4Section
117. 29.08 of the statutes is renumbered 29.043 and amended to read:
AB864,43,22
529.043 Interstate comity. (1) Whenever any other state confers upon the
6officers of this state reciprocal powers, any officer of
such the other state, who is
by
7the laws of that state authorized
or directed to enforce the laws of that state relating
8to the protection of wild animals, is
hereby designated an agent of that state within
9this state.
It shall be lawful for said The officer
to may follow any wild animal
, or
10carcass
or part thereof unlawfully shipped or taken from the officer's state into this
11state,
and seize and convey
the same
it back to the officer's state
; and so far as
12concerns any such wild animal, or carcass or part thereof, the. The laws of the state
13concerning the wild animal or carcass from which the
same wild animal or carcass 14was brought into this state are
hereby adopted as the laws of this state.
15Transportation companies shall deliver to
such the officer, upon submission of proper
16proof of the officer's official capacity, any wild animal
, or carcass
or part thereof, so
17demanded or that is seized by the officer.
Said The officer may dispose of
any such 18a wild animal
, or carcass
or part thereof, within this state, in accordance with the
19laws of the
officer's state
from which the same was taken or shipped, under the
20supervision of the department
or its wardens. Expenses for
such the department's 21assistance shall be a lien upon
such the wild animal or carcass
or part thereof, or
the 22proceeds
thereof of the sale.
AB864,44,4
1(2) Except as provided in sub. (1), the department
or its wardens shall may 2seize, hold and dispose, according to the laws of this state, of any wild animal
, or
3carcass
or part thereof, brought or shipped into or through this state, or attempted
4to be carried through this state, in violation of the laws of any other state.
AB864,44,10
5(3) The
state game warden officers of every other state
, and the warden's
6deputies and all other officers therein charged with
the enforcement of enforcing the
7laws
of another state relating to wild animals are
hereby designated agents of this
8state for the taking possession, seizing, holding and disposing, within
such the other 9state, of any wild animal
, or carcass
or part thereof, protected by the laws of this
10state.
AB864,44,15
11(4) Whenever and so long as If any other state confers upon the officers of this
12state reciprocal powers, the department may appoint persons who
shall have been
13appointed game wardens or deputy game wardens of such are charged with enforcing
14the laws of the other state
relating to wild animals to act as
and have all the powers
15of wardens of this state, but without compensation from this state.
AB864, s. 118
16Section
118. 29.085 of the statutes is renumbered 29.041 and amended to
17read:
AB864,44,24
1829.041 Department to regulate hunting and fishing in interstate
19waters. The department may regulate hunting and fishing on and in all interstate
20boundary waters, and outlying waters
specified in s. 29.01 (9) and (11). Any act of
21the department in so regulating the hunting and fishing on and in such interstate
22boundary waters and outlying waters shall be valid, all other provisions of the
23statutes notwithstanding, provided such powers shall be exercised pursuant to and
24in accordance with ss. 23.09 (2) and 29.174.
Note: The 2nd sentence of current s. 29.085 is superfluous. The DNR is authorized
to regulate hunting and fishing on interstate boundary waters and outlying waters and
the statement in the 2nd sentence that those regulations are valid serves no purpose.
There are no "other provisions" anywhere in the statutes that create doubt or negate the
validity of the authority granted in the first sentence. The statement regarding
exercising the authority pursuant to ss. 23.09 (2) and 29.174 adds nothing, because the
DNR is obligated to comply with those statutes.
AB864,45,125
29.042
(1) Beginning on January 1, 1998, the department may not enter into
6any agreement to make payments to persons holding approvals issued under s.
729.134, 29.135, 29.136, 29.137, 29.165, 29.166, 29.17, 29.33, 29.34, 29.343, 29.344,
829.36, 29.37, 29.38, 29.544, 29.547, 29.573, 29.574, 29.575, 29.578 or 29.585 29.501,
929.503, 29.506, 29.509, 29.512, 29.514, 29.519, 29.523, 29.526, 29.529, 29.531,
1029.533, 29.537, 29.607, 29.611, 29.614, 29.865, 29.867, 29.869, 29.871 or 29.877 in
11exchange for the retirement of the approval or for the temporary or permanent
12cessation of any activity authorized under the approval.
AB864, s. 122
15Section
122. 29.09 (title) of the statutes is repealed.