AB864, s. 707
3Section
707. Subchapter XIII (title) of chapter 29 [precedes 29.921] of the
4statutes is created to read:
AB864,209,76
Subchapter XIII
7
Enforcement
AB864, s. 708
8Section
708. 29.921 (title) of the statutes is created to read:
AB864,209,9
929.921 (title)
Warrants; arrests; police powers.
AB864, s. 709
10Section
709. 29.921 (6) of the statutes is created to read:
AB864,209,1411
29.921
(6) Search warrants; subpoenas. In executing search warrants and
12subpoenas under this chapter where the penalty for the violation is a forfeiture, the
13department shall use procedures which comply with ss. 968.12 and 968.135 to
14968.19.
AB864, s. 710
15Section
710. 29.921 (7) of the statutes is created to read:
AB864,209,1916
29.921
(7) Dogs injuring wildlife. A warden may kill a dog found running,
17injuring, causing injury to, or killing, any deer, other than farm-raised deer, or
18destroying game birds, their eggs or nests, if immediate action is necessary to protect
19the 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
20Section
711. 29.924 (title) of the statutes is created to read:
AB864,209,21
2129.924 (title)
Investigations; searches.
AB864, s. 712
22Section
712. 29.931 (title) of the statutes is created to read:
AB864,209,23
2329.931 (title)
Seizures.
AB864, s. 713
24Section
713. 29.961 (2) of the statutes is created to read:
AB864,210,4
129.961
(2) Any person who fails to keep records as required under this chapter,
2fails to keep accurate records under this chapter, or provides incorrect information
3to the department under this chapter, other than information to obtain an approval
4as 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
5Section
714. 29.99 (intro.) and (1) to (11) of the statutes are renumbered
629.971 (intro.) and (1) to (11), and 29.971 (intro.), (1), (1m) (a) to (c) and (e), (4), (5),
7(5g), (5m), (7) and (11), as renumbered, are amended to read:
AB864,210,10
829.971 General penalty provisions. (intro.) Any person who, for himself
9or herself, or by his or her agent
, servant, or employe, or who, as agent
, servant, or
10employe for another, violates this chapter shall be punished
, respectively, as follows:
AB864,210,14
11(1) (a) For the violation of any requirement of this chapter relating to fishing
12or fish dealing,
or rules promulgated under this chapter relating to fishing or fish
13dealing, by a forfeiture of not more than $1,000 except as provided under pars. (b)
14and (c) and sub. (5m).
AB864,210,1815
(b) For having fish in his or her possession in violation of this chapter
or rules
16promulgated under it and the value of the fish under par. (d) exceeds $300 but does
17not exceed $1,000, by a fine of not more than $5,000 or imprisonment for not more
18than 30 days or both.
AB864,210,2119
(c) For having fish in his or her possession in violation of this chapter
or rules
20promulgated under it and the value of the fish under par. (d) exceeds $1,000, by a fine
21of not more than $10,000 or imprisonment for not more than 2 years or both.
AB864,211,6
1(d) Salmon, trout and noncommercial game fish shall be valued for the
2purposes of pars. (b) and (c) on a per fish basis according to the dollar amounts
3specified under s.
29.65 29.977 (1) (a) and (i) to (L). Other species of commercial fish
4shall be valued on a per fish basis according to the current average wholesale value.
5In this paragraph, "average wholesale value" means the average price received by
6producers on the date of the violation for fish in the form of the violative fish.
AB864,211,217
(e) Any person holding an approval issued under this chapter, upon his or her
82nd conviction within a 3-year period for violations of this chapter
or rules
9promulgated under it relating to possessing illegal fish, fishing with illegal gear,
10fishing in closed areas or refuges, fishing during a closed season, violation of quota
11fisheries or false reporting shall have all of his or her fishing and fish dealing licenses
12revoked and no fishing or fish dealing license may be issued to the person for at least
13one year after the date of conviction. During the period of revocation for 2 convictions
14under pars. (b) or (c) or a combination of 2 convictions under pars. (b) and (c), the
15person may not engage in fishing on the water or ice in any manner, operate or assist
16in the operation of fishing gear or engage in sale or transportation of fish. Any person
17holding a license under s.
29.33 29.519 (1) who has that license revoked under this
18paragraph, may apply for that license for that part of the license year following the
19period of revocation which is at least one year after the date of conviction and the
20department shall issue that license if all licensing criteria are met. The revoked
21license may not be issued to another person during the period of revocation.
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.