AB514: Bill Text

AB514,62,14 (5) Court revocations and suspensions. In addition to or in lieu of any other penalty for violation of this chapter, the court may revoke or suspend any privilege or license under this chapter for a period of up to 3 years.

AB514,62,17 (6) Revocations by the department. In addition to the revocation proceeding under sub. (4), the department may revoke any license to which any of the following applies:

AB514,62,19 (a) The department determines that the license was fraudulently procured, erroneously issued or otherwise prohibited by law.

AB514,62,21 (b) The department determines that the person holding the license is not in compliance with this chapter or with a rule promulgated under this chapter.

AB514,63,2 (7) Prohibitions during periods of suspension or revocation. (a) Any person who has had an approval or privilege under this chapter revoked or suspended and who engages in the activity authorized by the approval or in the privilege during the period of revocation or suspension is subject to the following penalties, in addition to any other penalty imposed for failure to have an approval:

AB514,63,4 1. For the first conviction, the person shall forfeit not less than $300 nor more than $500.

AB514,63,6 2. If the number of convictions in a 5-year period equals 2 or more, the person shall be fined not less than $500 nor more than $1,000.

AB514,63,8 (b) The 5-year period under par. (a) 2. shall be measured from the dates of the violations which resulted in the convictions.

AB514,63,13 (8) Parties to a violation. (a) Whoever is concerned in the commission of a violation of this chapter is a principal and may be charged with and convicted of the violation of this chapter although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation of this chapter.

AB514,63,15 (b) A person is concerned in the commission of the violation of this chapter if the person does any of the following:

AB514,63,16 1. Directly commits the violation of this chapter.

AB514,63,17 2. Aids and abets the commission of the violation of this chapter.

AB514,63,19 3. Is a party to a conspiracy with another to commit the violation of this chapter or advises, hires or counsels or otherwise procures another to commit it.

AB514,63,24 22.43 Natural resources assessments and restitution payments. (1) Natural resources assessments. (a) If a court imposes a fine or forfeiture for a violation of this chapter or a rule promulgated under this chapter, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture.

AB514,64,2 (b) If a fine or forfeiture is suspended in whole or in part, the natural resources assessment shall be reduced in proportion to the suspension.

AB514,64,8 (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources assessment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources assessment shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources assessment shall also be returned.

AB514,64,13 (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources assessment in the conservation fund.

AB514,64,15 (e) All moneys collected from natural resources assessments shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (3) (mu).

AB514,64,20 (2) Natural resources restitution payments. (a) If a court imposes a fine or forfeiture for a violation of this chapter for failure to obtain a license required under this chapter, the court shall impose a natural resources restitution payment equal to the amount of the fee for the license that was required and should have been obtained.

AB514,64,23 (b) If a fine or forfeiture is suspended in whole or in part, the natural resources restitution payment shall be reduced in proportion to the suspension unless the court directs otherwise.

AB514,65,4 (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources restitution payment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources restitution payment shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources restitution payment shall also be returned.

AB514,65,9 (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources restitution payment in the conservation fund.

AB514,65,12 (e) All moneys collected from natural resources restitution payments shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (3) (mu).

AB514, s. 4 Section 4. 23.09 (2) (f) of the statutes is amended to read:

AB514,65,16 23.09 (2) (f) (title) Propagation, game and fish. Capture, propagate, transport, sell or exchange any species of game or fish needed for stocking or restocking any lands or waters of the state.

AB514, s. 5 Section 5. 23.50 (1) of the statutes is amended to read:

AB514,66,5 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 144.783 [299.64] (2), 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 and 287.81, subch. VI of ch. 77, this chapter and, ch. 22, chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo valley reserve management board under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB514, s. 6 Section 6. 23.50 (3) of the statutes is amended to read:

AB514,66,14 23.50 (3) All actions in municipal court to recover forfeitures, penalty assessments and jail assessments for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77 shall utilize the procedure in ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits and stipulations of no contest in ss. 23.51 (1) (1m), (3) and (8), 23.53, 23.54, 23.56 to 23.64, 23.66 and 23.67 shall apply to violations of such ordinances.

AB514, s. 7 Section 7. 23.51 (1) of the statutes is renumbered 23.51 (1m).

AB514, s. 8 Section 8. 23.51 (1d) of the statutes is created to read:

AB514,66,17 23.51 (1d) "Captive" has the meaning given in s. 22.01 (5).

AB514, s. 9 Section 9. 23.51 (5) of the statutes is amended to read:

AB514,66,20 23.51 (5) "Natural resources restitution payment" means the payment imposed under s. 22.43 (2) or 29.998.

AB514, s. 10 Section 10. 23.51 (9m) of the statutes is created to read:

AB514,66,22 23.51 (9m) "Wild animal" has the meaning given in s. 22.01 (74).

AB514, s. 11 Section 11. 23.65 (1) of the statutes is amended to read:

AB514,67,4 23.65 (1) When it appears to the district attorney that a violation of s. 134.60, 144.783 (2) [299.64 (2)], 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 or 287.81, this chapter or ch. 22, 26, 27, 28, 29, 30, 31 or 350, violations of ch. 951 if the animal involved is a captive wild animal, or any administrative rule promulgated pursuant thereto, has been committed the district attorney may proceed by complaint and summons.

AB514, s. 12 Section 12. 23.795 (3) of the statutes is created to read:

AB514,67,8 23.795 (3) In lieu of an order of imprisonment under sub. (1) (a) for a violation of ch. 22, the court may revoke or suspend any privilege or license granted under ch. 22 as provided in s. 22.42 (5).

AB514, s. 13 Section 13. 25.29 (1) (a) of the statutes is amended to read:

AB514,67,14 25.29 (1) (a) Except as provided in s. 25.295, all moneys accruing to the state for or in behalf of the department under chs. 22, 26, 27, 28, 29 and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58 and 71.10 (5), including grants received from the federal government or any of its agencies except as otherwise provided by law.

AB514, s. 14 Section 14. 25.29 (4m) of the statutes is amended to read:

AB514,67,19 25.29 (4m) Notwithstanding sub. (3), no moneys that accrue to the state for or in behalf of the department under ch. 22 or 29 may be expended or paid for the enforcement of the treaty-based, off-reservation rights to fish held by members of federally recognized American Indian tribes or bands domiciled in Wisconsin.

AB514, s. 15 Section 15. 29.02 (4) of the statutes is created to read:

AB514,67,22 29.02 (4) This section does not apply to wild animals that are subject to regulation under ch. 22.

AB514, s. 16 Section 16. 29.03 (8) of the statutes is amended to read:

AB514,67,25 29.03 (8) Any dog found running deer, except farm-raised deer or deer subject to regulation under ch. 22, at any time, or used in violation of this chapter.

AB514, s. 17 Section 17. 29.05 (8) (a) of the statutes is amended to read:

AB514,68,17 29.05 (8) (a) The department and its wardens shall seize and hold subject to the order of the court for the county in which the alleged offense was committed, any apparatus, appliance, equipment, vehicle or device, declared by this chapter to be a public nuisance, which they have probable cause to believe is being used in violation of this chapter, an administrative rule promulgated under this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, is being used in the commission of a crime involving an animal normally found in the wild in violation of s. 951.09 or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that within 6 months previous to the seizure the apparatus, appliance, equipment, vehicle or device was used in violation of this chapter or an administrative rule promulgated under this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, was used in the commission of a crime involving an animal normally found in the wild in violation of s. 951.09 or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.

AB514, s. 18 Section 18. 29.05 (8) (b) of the statutes is amended to read:

AB514,69,2 29.05 (8) (b) Any perishable property seized by the department or its wardens may be sold at the highest available price, and the proceeds of the sale turned into court to await disposition of the proceeds as the court directs. A conservation warden or other officers charged with the enforcement of the laws dealing with the conservation of the natural resources of the state may kill a dog found running, injuring, causing injury to, or killing any deer, other than farm-raised deer or deer subject to regulation under ch. 22, 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.

AB514, s. 19 Section 19. 29.09 (1) of the statutes is amended to read:

AB514,69,11 29.09 (1) License or other approval required for hunting, trapping or fishing. Except as specifically provided otherwise by ch. 22 or s. 29.155 (1g) and (1h) or another section of this chapter, no person may hunt any wild animal, trap any game or fish for fish in the waters of this state unless the appropriate approval is issued to the person. A person shall carry the required approval with him or her at all times while hunting, trapping or fishing unless otherwise required by another section of this chapter or unless otherwise authorized or required by the department. A person shall exhibit the approval to the department or its wardens on demand.

AB514, s. 20 Section 20. 29.092 (9) of the statutes is repealed.

AB514, s. 21 Section 21. 29.092 (15) (a) of the statutes is amended to read:

AB514,69,17 29.092 (15) (a) Issuing fee generally. In addition to the fees specified for licenses and stamps under subs. (2) to (9) (8), (11) and (13) and any surcharge fee imposed under sub. (14), a person who applies for a license or stamp or for a duplicate license or stamp issued under this chapter shall pay an issuing fee.

AB514, s. 22 Section 22. 29.092 (15) (f) of the statutes is amended to read:

AB514,69,22 29.092 (15) (f) Addition of issuing fee to be shown with license or stamp fee as one amount. The issuing fee shall be added to the fee provided in subs. (2) to (9) (8), (11) and (13) and any surcharge fee imposed under sub. (14). Any amount shown on the printed license form or stamp shall be the total of the issuing fee and other fees.

AB514, s. 23 Section 23. 29.093 (9) of the statutes is repealed.

AB514, s. 24 Section 24. 29.1025 (1) (c) of the statutes is amended to read:

AB514,70,2 29.1025 (1) (c) Any person hunting pheasant under s. 29.123 or on premises licensed under s. 29.573 is exempt from the requirements under par. (a).

AB514, s. 25 Section 25. 29.134 (10m) of the statutes is created to read:

AB514,70,5 29.134 (10m) This section applies to raw furs and dressed furs from fur-bearing animals that are subject to regulation under ch. 22.

AB514, s. 26 Section 26. 29.136 (4) of the statutes is amended to read:

AB514,70,17 29.136 (4) Authorization. Subject to this section and rules promulgated under this section, a taxidermist permit authorizes the permit holder to possess and transport wild animals or carcasses of wild animals in connection with his or her business. This authority supersedes restrictions on the possession and transportation of wild animals and carcasses regardless of bag limits, rest days, closed seasons and similar restrictions, notwithstanding s. 29.174 and rules promulgated by the department under that section carcasses of wild animals under ch. 22 and this chapter and under any rules promulgated under ch. 22 and this chapter. Subject to this section and rules promulgated under this section, a taxidermist permit entitles the permit holder to the same privileges as a Class A fur dealer's license.

AB514, s. 27 Section 27. 29.17 (1) of the statutes is amended to read:

AB514,71,2 29.17 (1) The department may issue a scientific collector permit to a qualified natural person as provided under this section. This permit authorizes the permittee to collect or salvage for scientific purposes only, the eggs, nest and live fish and the nests and carcasses of any wild animals specified in the permit subject to the conditions and limitations specified in the permit and the rules of the department. The permittee may use the specimens for the scientific purposes collected or salvaged and may transport them or cause them to be transported by common carrier. Possession of these specimens may not be transferred to any other person except these specimens may be exchanged for other specimens for scientific purposes.

AB514, s. 28 Section 28. 29.245 (5) (b) 3. of the statutes is amended to read:

AB514,71,7 29.245 (5) (b) 3. To a person who possesses a flashlight or who uses a flashlight while if the person is on foot and training a dog to track or hunt raccoons, foxes or other unprotected wild animals and if the raccoons, foxes or other wild animals are not subject to regulation under ch. 22.

AB514, s. 29 Section 29. 29.255 of the statutes is repealed.

AB514, s. 30 Section 30. 29.40 (2) of the statutes is amended to read:

AB514,71,15 29.40 (2) Deer tags. Except as provided under sub. (5) and s. 29.405 (3), any person who kills a deer shall immediately attach to the ear or antler of the deer a current validated deer carcass tag which is authorized for use on the type of deer killed. Except as provided under sub. (2m) or s. 29.578 (7), (8) or (14), no person may possess, control, store or transport a deer carcass unless it is tagged as required under this subsection.

AB514, s. 31 Section 31. 29.40 (6) of the statutes is amended to read:

AB514,71,18 29.40 (6) (title) Farm-raised deer Deer. This section does not apply to farm-raised deer or deer that are subject to regulation under ch. 22.

AB514, s. 32 Section 32. 29.41 of the statutes is renumbered 29.41 (1), and 29.41 (1) (c), as renumbered, is amended to read:

AB514,72,2 29.41 (1) (c) Possess the raw skin of any muskrat, mink, otter, fisher or pine marten at any time unless the person is the holder of a scientific collector permit, fur dealer license, trapping license or resident conservation patron license of current issue. No license is required for a person breeding, raising and producing domestic fur-bearing animals in captivity as defined in s. 29.579 or for a person authorized to take muskrats on a cranberry marsh under a permit issued to the person by the department.

AB514, s. 33 Section 33. 29.41 (2) of the statutes is created to read:

AB514,72,5 29.41 (2) Subsection (1) does not apply to the skins of fur-bearing animals that are subject to regulation under ch. 22.

AB514, s. 34 Section 34. 29.42 (1) of the statutes is amended to read:

AB514,72,11 29.42 (1) Approval necessary. No person, except a person who is issued a valid hunting license, sports license, a conservation patron license, taxidermist permit or scientific collector permit and who is carrying this approval on his or her person, may possess or have under his or her control any game bird, or game animal or the carcass of any game bird or game animal.

AB514, s. 35 Section 35. 29.42 (2) of the statutes is renumbered 29.42 (2) (a) and amended to read:

AB514,72,17 29.42 (2) (a) No Except as provided in par. (b), no person, except a person who is issued a valid scientific collector permit, may take, needlessly destroy or possess or have under his or her control the nest or eggs of any wild bird for which a closed season is prescribed under this chapter.

AB514, s. 36 Section 36. 29.42 (2) (b) of the statutes is created to read:

AB514,72,21 29.42 (2) (b) A person who has a valid scientific collector permit may take or possess or have under his or her control the nest of a wild bird and may destroy the nest if necessary for a scientific purpose.

AB514, s. 37 Section 37. 29.42 (5) of the statutes is created to read:

AB514,72,24 29.42 (5) Captive wild animals. This section does not apply to wild animals that are subject to regulation under ch. 22.

AB514, s. 38 Section 38. 29.425 (title) of the statutes is repealed.

AB514, s. 39 Section 39. 29.425 (1) of the statutes is repealed.