29.05(8)(b)
(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 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.
29.05(9)
(9) Entire shipment affected. Confiscation of any part of a shipment under this section shall include the entire shipment.
29.05(10)
(10) Exemption from liability. Members of the natural resources board, and each warden, in the performance of official duties, shall be exempt from any and all liability to any person for acts done or permitted or property destroyed by authority of law. In any action brought against any board member or warden involving any official action the district attorney of the county in which the action is commenced shall represent such board member or warden. No taxable costs or attorney fees shall be allowed to either party in said action.
29.05 History
History: 1971 c. 40,
42,
164;
1971 c. 211 s.
126;
1971 c. 277;
1973 c. 198;
1975 c. 365;
1977 c. 425,
449;
1979 c. 221,
289;
1981 c. 98,
285;
1983 a. 27 s.
2202 (32);
1983 a. 451;
1985 a. 36 s.
27;
1985 a. 135;
1987 a. 332 s.
64;
1989 a. 31,
335,
336;
1991 a. 17,
39,
194,
1991 a. 269 ss.
183r,
184;
1993 a. 169,
349;
1995 a. 27,
79,
227,
417.
29.05 Annotation
A game warden who kills a dog which he believes is wounding or worrying a domestic animal is not exempt from liability under 29.05 (9), Stats. 1967, under all circumstances. Munyon v. Moe, 46 W (2d) 629, 176 NW (2d) 324.
29.06
29.06
Sale of confiscated game and apparatus. 29.06(1)(a)(a) All wild animals, or carcasses or parts thereof, that are confiscated by the department and all confiscated apparatus, appliances, equipment, vehicles or devices shall, if not destroyed as authorized by law, be sold at the highest price obtainable, by the department or its wardens, or by an agent on commission under the written authority and supervision of the department. The net proceeds of [the] all sales under this subsection, after deducting the expense of seizure and sale and any commissions and any amounts owing to holders of security interests under
par. (b) or
(c), shall be promptly remitted, by the warden by whom or under whose authority and supervision the sales are made, to the department. The remittance shall be accompanied by a complete and certified report of the sales made under this subsection, supported by proper vouchers covering all deductions made for expenses and commissions, and shall be filed with the department.
29.06(1)(b)
(b) Of the remittance from the sales of confiscated apparatus, appliances, equipment, vehicles or devices, 18% shall be paid into the conservation fund to reimburse it for expenses incurred in seizure and sale, and the remaining 82% shall be paid into the common school fund.
29.06(1)(c)1.1. In the case of the sale of a confiscated motor vehicle [the proves to to the the], the department shall make a reasonable effort, within 10 days after seizure, to ascertain if a security interest in the seized motor vehicle exists. The department shall, within 10 days after obtaining actual or constructive notice of any [a] security interest in the seized motor vehicle, give the secured party notice of the time and place when there is to be any proceeding before the court or the judge pertaining to the confiscation [the] of the motor vehicle. Constructive notice shall be limited to security interests perfected by filing.
29.06(1)(c)2.
2. The time of sale of the confiscated motor vehicle shall be within 20 days after judgment of confiscation as provided in
s. 29.05 (8). The department shall give each secured party discovered in accordance with
subd. 1. at least 10 days' notice of the time and place of sale of the motor vehicle.
29.06(1)(c)3.a.a. If the holder of a security interest in the confiscated motor vehicle, perfected by filing, satisfies the court, or after judgment of confiscation, the department, that the violation that led to the confiscation was not with the knowledge, consent or connivance of the holder of the security interest or with that of some person employed or trusted by the holder of the security interest, the amount due under the security agreement, together with any other deductions authorized under
par. (a), shall be deducted from the proceeds of the sale of the confiscated motor vehicle and the amount due shall be paid to the one entitled. If a sufficient amount does not remain for the full payment of the amount due under the security agreement after making the other deductions authorized under
par. (a), the amount remaining shall be paid to the one entitled.
29.06(1)(c)3.b.
b. The burden of proof to satisfy the court or department under
subd. 3. a. shall be upon the holder of the security interest.
29.06(1)(e)
(e) This subsection shall not apply to a deer killed, or so injured that it must be killed, by a collision with a motor vehicle on a highway. [In that case, the] For purposes of this subsection, "deer" does not include farm-raised deer.
29.06 Note
NOTE: Sub. (1) is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). Pars. (c), (d) and (e) are shown as renumbered by the revisor under s. 13.93 (1) (b). The bracketed language was rendered surplusage by the interaction of the three acts. Corrective legislation is pending.
29.06(2)
(2) On any sales under this section of wild animals, or carcasses or parts thereof, the warden or agent selling them shall issue to each purchaser a certificate, on forms to be prepared and furnished by the department, covering such sales. The wild animals, or carcasses or parts thereof, so purchased shall be consumed or otherwise disposed of by the purchaser within a period to be set by the department, but shall not be resold, bartered, or exchanged, in whole or in part, to any other person, except as provided in
sub. (3).
29.06(3)
(3) Confiscated fish or game sold under this section to the keeper, manager, or steward of any restaurant, club, hotel, or boarding house may be served to the guests thereof; but in such case the certificate covering the purchase shall be hung in public view in the place where the fish or game is served, and such fish or game shall at the time of sale be tagged by the warden or agent selling it, such tag to show the date of sale and be returned to said warden or agent within 5 days thereafter.
29.06 History
History: 1975 c. 97,
199;
1981 c. 98 s.
3;
1993 a. 169;
1995 a. 79,
126,
225; s. 13.93 (1) (b), (2) (c).
29.07
29.07
Assistance of police officers. All sheriffs, deputy sheriffs, coroners, and other police officers are deputy conservation wardens, and shall assist the department and its wardens in the enforcement of this chapter whenever notice of a violation thereof is given to either of them by the department or its wardens.
29.07 History
History: 1979 c. 110.
29.08
29.08
Interstate comity. 29.08(1)(1) Whenever any other state confers upon the officers of this state reciprocal powers, any officer of such other state, who is by the laws of that state authorized or directed to enforce the laws of that state relating to the protection of wild animals, is hereby designated an agent of that state within this state. It shall be lawful for said officer to follow any wild animal, or carcass or part thereof unlawfully shipped or taken from the officer's state into this state, seize and convey the same back to the officer's state; and so far as concerns any such wild animal, or carcass or part thereof, the laws of the state from which the same was brought into this state are hereby adopted as the laws of this state. Transportation companies shall deliver to such officer, upon submission of proper proof of the officer's official capacity, any wild animal, or carcass or part thereof, so demanded or seized by the officer. Said officer may dispose of any such wild animal, or carcass or part thereof, within this state, in accordance with the laws of the state from which the same was taken or shipped, under the supervision of the department or its wardens. Expenses for such assistance shall be a lien upon such wild animal or carcass or part thereof, or the proceeds thereof.
29.08(2)
(2) Except as provided in
sub. (1), the department or its wardens shall seize, hold and dispose, according to the laws of this state, of any wild animal, or carcass or part thereof, brought or shipped into or through this state, or attempted to be carried through this state, in violation of the laws of any other state.
29.08(3)
(3) The state game warden of every other state, and the warden's deputies and all other officers therein charged with the enforcement of the laws relating to wild animals are hereby designated agents of this state for the taking possession, seizing, holding and disposing, within such state, of any wild animal, or carcass or part thereof, protected by the laws of this state.
29.08(4)
(4) Whenever and so long as any other state confers upon the officers of this state reciprocal powers, the department may appoint persons who shall have been appointed game wardens or deputy game wardens of such other state to act as and have all the powers of wardens of this state, but without compensation from this state.
29.08 History
History: 1971 c. 164;
1991 a. 316.
29.085
29.085
Department to regulate hunting and fishing in interstate waters. The department may regulate hunting and fishing on and in all interstate boundary waters, and outlying waters specified in
s. 29.01 (9) and
(11). Any act of the department in so regulating the hunting and fishing on and in such interstate boundary waters and outlying waters shall be valid, all other provisions of the statutes notwithstanding, provided such powers shall be exercised pursuant to and in accordance with
ss. 23.09 (2) and
29.174.
29.085 History
History: 1983 a. 27 s.
2202 (38).
29.09
29.09
Hunting, trapping and fishing; licenses and other approvals; issuance. 29.09(1)
(1)
License or other approval required for hunting, trapping or fishing. Except as specifically provided otherwise by
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.
29.09(1m)
(1m) Conditions and restrictions on licenses and other approvals. A hunting, trapping or fishing approval may be issued only to and obtained only by a natural person entitled to the approval. Except as provided under
sub. (12) (a), a resident hunting, trapping or fishing approval may be issued only to a person who presents to the county clerk or issuing agent definite proof of his or her identity and that he or she is a resident. No more than one of the same series of approval may be issued to the same person in any year. Except as provided under
s. 29.33 (2) (d), no person may transfer his or her approval or permit the use of any approval by any other person and no person while hunting, trapping or fishing may use or carry any approval issued to another person. No person may obtain a hunting, trapping or fishing approval for another person. No approval authorizing hunting may be issued to any person who is prohibited from obtaining this type of approval under
s. 29.226 or
29.227 (1) (c).
29.09(2)
(2) Form of application. The application for an approval shall be on the form and contain the information required by the department and no approval may be issued until the applicant complies with these requirements.
29.09(3)(a)(a)
Date; expiration. Each license or stamp shall state for what period the license or stamp is effective and the date of expiration.
29.09(3)(b)
(b)
Name; description; signature. Each license issued shall state the name and residence of the licensee, a description of the licensee and such other matter as may be determined by the department. Each license shall bear upon its face a true signature of the licensee and the date of issuance and shall be signed by the issuing agent. All licenses shall be issued in English and in ink.
29.09(3)(c)
(c)
Wild turkey hunting stamps. Each wild turkey hunting stamp shall bear upon its face a true signature of the person to whom it is issued.
29.09(4)
(4) Duplicates. If any license, permit, certificate or card is lost, the person to whom the license, permit, certificate or card was issued may apply to the department for a duplicate, submitting an affidavit proving loss. The department shall make an inquiry and investigation as it deems necessary. If the department is satisfied that the facts are as stated in the affidavit, the department may issue a duplicate license, permit, certificate or card to the applicant. Back tags and other tags issued with a license, permit, certificate or card are parts of the license, permit, certificate or card and loss of any part is deemed to be loss of the entire license, permit, certificate or card. Upon applying for a duplicate approval the applicant shall surrender all parts of the original approval remaining in his or her possession to the department. No duplicate stamp may be issued and if a stamp is lost, the person to whom it was issued is required to apply and pay the regular fee in order to receive a new stamp.
29.09(5)
(5) Blanks. The department shall prepare, procure the printing of and supply all necessary blanks for approvals issued under this chapter and related applications. Approval blanks and applications may be numbered consecutively, at the time of printing, in a separate series for each kind of approval. Each license blank shall be provided with a corresponding stub numbered with the serial number of the license. Each requisition for the printing of approval blanks shall specify any serial numbers to be printed on the blanks. The department or a county clerk may issue approvals only on blanks supplied by the department.
29.09(6)
(6) Approvals issued by a county clerk. A county clerk shall retain the stub of each license under this chapter issued by the county clerk's office in a record in the clerk's office. The county clerk shall file the stubs in numerical order immediately after licenses are issued. A county clerk shall retain a portion of any other approval issued by the county clerk's office and keep a record of that issuance as the department requires. The department or its wardens may examine at any time records required under this subsection.
29.09(7)
(7) Return of fees by county clerk. 29.09(7)(a)(a) Any fees for approvals collected by the county clerk except any issuing fee shall be remitted to the department by the 20th of each month, with a report of the number of licenses issued by the clerk and his or her deputies during the preceding month with a report on the issuance of other approvals, as required by the department, and with a statement of the amount of money remitted. If the clerk does not remit, the clerk shall forfeit not more than $100.
29.09(7)(b)
(b) All unused approval blanks shall be returned by the county clerk to the department at the close of the effective period for which the blanks were supplied. The department shall determine the disposition of license stubs and other portions of approvals by county clerks at the close of the year for which the licenses and approvals are issued.
29.09(7m)(b)(b) If a county retains issuing fees established under
s. 29.092 (15) as permitted under
sub. (7) or
(10), the county clerk shall deposit collections of fees for approvals with the county treasurer within one week after receipt. Payment to the department of the monthly remittance specified under
sub. (7) shall then be made by the county treasurer upon written order of the county clerk.
29.09(7m)(c)
(c) The department shall prescribe a minimum standard for accounting records which shall be maintained by each county clerk for approval transactions.
29.09(8)
(8) Record of approvals issued. The department shall keep a complete record of all approvals issued. The department is accountable for all unused approval blanks.
29.09(8m)
(8m) Disabled persons; trolling permits. 29.09(8m)(a)(a) After proper application, the department shall, after due investigation and without charging a fee, issue a trolling permit to any person who meets the requirements under
s. 29.104 (4) (a) 2. or
4.
29.09(8m)(b)
(b) A person holding a current fishing license and a trolling permit or a permit issued under
sub. (9) (c) 1. may fish or troll in the waters of this state using an electric motor with no more than 36 pounds of thrust, notwithstanding any ordinances enacted under
s. 30.77 (3) that prohibit the use of motor boats on navigable waters.
29.09(9)
(9) Disabled persons; hunting permits. 29.09(9)(a)(a)
Definitions. As used in this subsection:
29.09(9)(a)1.
1. "Accompanied" means being subject to continuous visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid.
29.09(9)(a)2.
2. "Class A permit" means a permit issued to a person with a permanent physical disability which authorizes the permit holder to shoot or hunt from a stationary vehicle, to fish or troll as authorized under
sub. (8m) (b) and to hunt certain game with a crossbow as authorized under
ss. 29.103 (2) (ar) and
29.104 (2).
29.09(9)(a)3.
3. "Class B permit" means a permit issued to a person with a permanent or a temporary physical disability which allows the permit holder to shoot or hunt from a stationary vehicle that is parked off a highway, as defined under
s. 340.01 (22), and parked more than 50 feet from the center of the roadway, as defined under
s. 340.01 (54).
29.09(9)(a)4.
4. "Vehicle" means a self-propelled vehicle, including any automobile, truck, snowmobile, all-terrain vehicle or other vehicle which travels on or off roads or highways.
29.09(9)(b)1.1. After proper application, the department shall, after due investigation and without charging a fee, issue a Class A, Class B or Class C permit to any person, as provided in this subsection.
29.09(9)(b)2.
2. An applicant shall submit on a form prepared and furnished by the department, as part of the application, a written statement or report prepared and signed by a licensed physician or licensed chiropractor, prepared no more than 6 months preceding the application and verifying that the applicant is physically disabled.
29.09(9)(b)3.
3. As part of the application for a Class A or Class B permit under this subsection, the applicant shall authorize the department by written release to examine all medical records regarding the applicant's physical disability.
29.09(9)(c)1.1. The department shall issue a Class A permit under this subsection to an applicant who is handicapped in any of the following ways:
29.09(9)(c)1.a.
a. Has a permanent or irreversible physical disability, is unable to ambulate and requires a wheelchair, walker, one leg brace or external prosthesis above the knee, 2 leg braces or external prostheses below the knees, 2 crutches or 2 canes for mobility.
29.09(9)(c)1.b.
b. Suffers significantly from lung disease, to the extent that forced expiratory volume for one second when measured by spirometry is less than one liter or the arterial oxygen tension is less than 60 millimeters of mercury on room air at rest.
29.09(9)(c)1.c.
c. Suffers significantly from cardiovascular disease, to the extent that functional limitations are classified in severity as class 3 or 4, according to standards accepted by the American heart association on May 3, 1988, and where ordinary physical activity causes discomfort, fatigue, palpitation, dyspnea or anginal pain.
29.09(9)(c)2.
2. The department shall issue a Class B permit under this subsection to an applicant who has a temporary disability which restricts mobility or ambulation due to injury or operative procedures and who either has a leg, hip or back, or any part thereof, casted by a licensed physician due to a fracture or has leg, hip or back surgery after August 31 immediately preceding the hunting season to which the permit will first apply. The department may also issue a Class B permit to a person as provided in
subd. 3.
29.09(9)(c)3.
3. The department may issue a Class B permit to an applicant who is ineligible for a permit under
subd. 1. or
2. or who is denied a permit under
subd. 1. or
2. if, upon review and after considering the physical condition of the applicant and the recommendation of a licensed physician selected by the applicant from a list of licensed physicians compiled by the department, the department finds that issuance of a permit complies with the intent of this subsection. The use of this review procedure is discretionary with the department and all costs of the review procedure shall be paid by the applicant.
29.09(9)(c)4.
4. The department shall issue a Class C permit to any person who is visually handicapped.
29.09(9)(cg)
(cg)
Approval required. In order to hunt, fish or troll after receiving a permit under this section, the permit holder must apply for and be issued, or must already hold, any type of approval required under this chapter for the type of hunting or fishing that he or she will be doing.
29.09(9)(cr)
(cr)
Authorization. A person holding a current resident or nonresident deer hunting license and a Class A or Class C permit may hunt deer of either sex with a firearm during any season open to hunting of deer with firearms that is established by the department.
29.09(9)(d)1.1. A holder of a Class A or Class B permit may be accompanied by a person who is not eligible to apply for a Class A or Class B permit. The accompanying person may not hunt or carry a firearm, bow or crossbow unless authorized to do so. The assistance rendered by an accompanying person who is not authorized to hunt or carry a firearm, bow or crossbow is limited to field dressing, tagging and retrieving deer or other game for the permit holder.
29.09(9)(d)2.
2. A holder of a Class C permit shall be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, bow or crossbow unless authorized to do so. The assistance rendered by an accompanying person may include sighting the firearm, bow or crossbow, identifying the deer or other game and field dressing, tagging and retrieving deer or other game for the permit holder.
29.09(9)(e)
(e)
Review of decisions. An applicant denied a permit under this subsection, except a permit under
par. (c) 3., may obtain a review of that decision by a licensed physician or a licensed chiropractor designated by the department and with an office located in the department district in which the applicant resides. The department shall pay for the cost of a review under this paragraph unless the denied application on its face fails to meet the standards set forth in
par. (c) 1. or
2. A review under this paragraph is the only method of review of a decision to deny a permit under this subsection and is not subject to further review under
ch. 227.
29.09(9m)
(9m) Processing fees for applications for certain approvals. 29.09(9m)(a)(a) If the department issues any of the following approvals, a nonrefundable processing fee, in addition to any other fee imposed under
s. 29.092, shall be collected for each application for such an approval:
29.09(9m)(b)
(b) If a person applies jointly for a hunter's choice deer hunting permit and a bonus deer hunting permit, the person shall pay a single processing fee. A person who applies for a bonus deer hunting permit is exempt from paying an additional processing fee if the person has already applied for a hunter's choice deer hunting permit for the same season. If the department authorizes the issuing of more than one bonus deer hunting permit to a person in a single season under
s. 29.1075 (2), the person is exempt from paying an additional processing fee for an application for the 2nd or subsequent bonus deer hunting permit.
29.09(9r)
(9r) Handling fees for applications for certain approvals.
