SB338,1,4
1An Act to amend 29.083 (1), 29.083 (2) (a) (intro.), 29.083 (2) (a) 5., 29.083 (3)
2and 29.971 (11r) (a); and
to create 29.083 (2) (a) 6., 29.083 (2) (a) 7., 29.083 (2)
3(a) 8. and 29.971 (11r) (am) of the statutes;
relating to: interfering with
4hunting, fishing, and trapping and providing criminal penalties.
Analysis by the Legislative Reference Bureau
This bill makes changes to the laws prohibiting certain activities that interfere
with hunting, fishing, and trapping.
Current law prohibits a person from engaging in certain intentional conduct
that interferes with lawful hunting, fishing, or trapping. The conduct prohibited
under current law (prohibited conduct) includes harassing a wild animal, impeding
or obstructing a person who is engaged in lawful hunting, fishing, or trapping, or
impeding a person who is engaged in an activity associated with lawful hunting,
fishing, or trapping. Current law generally defines an activity associated with lawful
hunting, fishing, or trapping, as travel, camping, or other acts that are preparatory
to lawful hunting, fishing, or trapping. This bill expands this definition so that it also
includes scouting, target shooting, dog training, and animal baiting or feeding.
The bill also expands the prohibitions in current law so that a person may not
interfere or attempt to interfere with an activity associated with lawful hunting,
fishing, or trapping by engaging in prohibited conduct. The bill also expands the
types of conduct prohibited to include disturbing a lawfully placed hunting stand,
disturbing lawfully placed bait or other feed, using a drone under certain
circumstances, and engaging in a series of acts (serial conduct) that are intended to
impede or obstruct a person engaged in lawful hunting, fishing, or trapping or an
activity associated with lawful hunting, fishing, or trapping. The types of serial
conduct prohibited include maintaining a visual or physical proximity to the person,
approaching or confronting the person, or photographing the person.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB338,1
1Section
1. 29.083 (1) of the statutes is amended to read:
SB338,2,62
29.083
(1) Definition. In this section, "activity associated with lawful hunting,
3fishing
, or trapping" means travel, camping
, scouting, target shooting, dog training,
4animal baiting or feeding, or other acts that are preparatory to lawful hunting,
5fishing
, or trapping and that are done by a hunter, fisher
, or trapper or by a member
6of a hunting, fishing
, or trapping party.
SB338,2
7Section
2. 29.083 (2) (a) (intro.) of the statutes is amended to read:
SB338,2,118
29.083
(2) (a) (intro.) No person may interfere or attempt to interfere with
9lawful hunting, fishing
, or trapping with the intent to prevent the taking of a wild
10animal
, or interfere or attempt to interfere with an activity associated with lawful
11hunting, fishing, or trapping, by doing any of the following:
SB338,3
12Section
3. 29.083 (2) (a) 5. of the statutes is amended to read:
SB338,2,1313
29.083
(2) (a) 5. Disturbing a lawfully placed hunting blind
or stand.
SB338,4
14Section
4. 29.083 (2) (a) 6. of the statutes is created to read:
SB338,2,1615
29.083
(2) (a) 6. Disturbing lawfully placed bait or other material used to feed
16or attract a wild animal.
SB338,5
17Section
5. 29.083 (2) (a) 7. of the statutes is created to read:
SB338,3,218
29.083
(2) (a) 7. Engaging in a series of 2 or more acts carried out over time,
19however short or long, that show a continuity of purpose and that are intended to
20impede or obstruct a person who is engaged in lawful hunting, fishing, or trapping,
1or an activity associated with lawful hunting, fishing, or trapping, including any of
2the following:
SB338,3,33
a. Maintaining a visual or physical proximity to the person.
SB338,3,44
b. Approaching or confronting the person.
SB338,3,75
c. Photographing, videotaping, audiotaping, or through other electronic means,
6monitoring or recording the activities of the person. This subd. 7. c. applies
7regardless of where the act occurs.
SB338,3,88
d. Causing a person to engage in any of the acts described in subd. 7. a. to c.
SB338,6
9Section
6. 29.083 (2) (a) 8. of the statutes is created to read:
SB338,3,1110
29.083
(2) (a) 8. Using a drone, as defined in s. 941.292 (1), to conduct any
11activity prohibited under subds. 1. to 7.
SB338,7
12Section
7. 29.083 (3) of the statutes is amended to read:
SB338,3,1513
29.083
(3) Exemptions. This section does not apply to actions under sub. (2) (a)
141. to
5. 8. performed by wardens and other law enforcement officers if the actions are
15authorized by law
and are necessary for the performance of their official duties.
SB338,8
16Section
8. 29.971 (11r) (a) of the statutes is amended to read:
SB338,3,1817
29.971
(11r) (a) For the violation of s. 29.083 (2) (a), by a forfeiture of not more
18than $500
, except as provided in par. (am).
SB338,9
19Section
9. 29.971 (11r) (am) of the statutes is created to read:
SB338,3,2320
29.971
(11r) (am) 1. For the violation of s. 29.083 (2) (a) by a person who violated
21s. 29.083 (2) (a) one time within the 5 years immediately preceding the conviction for
22the current violation, by a fine not to exceed $1,000 or imprisonment not to exceed
2390 days or both.
SB338,4,224
2. For the violation of s. 29.083 (2) (a) by a person who violated s. 29.083 (2) (a)
252 or more times within the 5 years immediately preceding the conviction for the
1current violation, by a fine not to exceed $10,000 or imprisonment not to exceed 9
2months or both.
SB338,10
3Section
10.
Initial applicability.
SB338,4,64
(1) This act first applies to violations committed on the effective date of this
5subsection, but does not preclude the counting of other violations as prior violations
6for purposes of sentencing a person.