29.598(8)
(8) Hunting rights. Nothing in this section prohibits a person who owns, leases or occupies land on which wildlife damage occurs and who does not have the authority to control entry on the land for the purposes of hunting from seeking wildlife damage abatement assistance or wildlife damage claim payments.
29.599
29.599
Law enforcement aid program; spearfishing. 29.599(1)(1)
Definitions. As used in this section:
29.599(1)(a)
(a) "Additional law enforcement services" means an extraordinary type or level of service which is not normally provided or budgeted for by a law enforcement agency.
29.599(1)(p)
(p) "Municipality" means any city, village or town.
29.599(1)(t)
(t) "Spearfishing" means a method of taking fish which is authorized by an agreement negotiated between the state and the members of federally recognized American Indian tribes or bands domiciled in Wisconsin relating to the tribes' or bands' treaty-based, off-reservation rights to hunt, fish and gather.
29.599(2)
(2) Participating county or municipality. In order to be eligible to receive reimbursement from the department for costs incurred on or after August 1, 1987, by law enforcement agencies in response to members of federally recognized American Indian tribes exercising or attempting to exercise their right to engage in spearfishing, a county or municipality must do all of the following:
29.599(2)(b)
(b)
Daily records. Maintain daily records of any costs for additional law enforcement services incurred by law enforcement agencies that are directly related to spearfishing and make the daily records available, upon request, to the department for inspection at periodic times during normal business hours.
29.599(2)(c)
(c)
Filing of application. File an application for aid with the department by July 1 of the calendar year in which additional law enforcement services are provided, specifying all of the following:
29.599(2)(c)1.
1. The names and salaries of the officials who provided additional law enforcement services during the spearfishing season.
29.599(2)(c)3.
3. Any other costs, as specified by the department, incurred by the county or municipality that are directly attributable to providing additional law enforcement services during the spearfishing season.
29.599(2)(cm)
(cm)
Amended claims. A county or municipality that has filed an application for aid under
par. (c) by July 1 of a calendar year in which additional law enforcement services are provided may amend that application before August 1 of that calendar year.
29.599(4)(a)(a)
Costs reimbursed. Except as provided under
par. (c), the department may pay each participating county or municipality up to 100% of the county's or municipality's actual costs that are directly attributable to providing additional law enforcement services during the spearfishing season. The department shall make any aid payments from the appropriations under
s. 20.370 (5) (ea) by September 30 of the calendar year in which the county or municipality files an application under
sub. (2) (c). The department may not make an aid payment unless the payment is approved by the secretary of administration.
29.599(4)(c)
(c)
Prorated payments allowed. If the total amount of reimbursable costs under
par. (a) exceeds the amount available for payments under
s. 20.370 (5) (ea), the department may prorate payments to participating counties and municipalities.
29.60
29.60
Use of poison and explosives; pole traps. 29.60(1)(1) Except as provided by
s. 29.29 (4) it shall be unlawful to use baits containing poison of any description in any forests, fields or other places where it might destroy or cause the destruction of wild animals or birds, and the possession of any such poison or poison baits in a hunting or trapping camp or on any person while hunting or trapping shall be prima facie evidence of a violation hereof.
29.60(2)
(2) Except as provided in
sub. (3), no person may take, capture or kill or attempt to take, capture or kill any wild animal with the aid of any explosive or poison gas, or set any explosive near or on any beaver or muskrat houses. Possession or control of an explosive or a poison gas in places described in
sub. (1) is prima facie evidence of intent to violate this subsection. Any person who violates this subsection shall be fined not more than $300 or imprisoned for not more than 30 days or both.
29.60(2m)
(2m) It shall be unlawful to take, capture or kill or attempt to take, capture or kill any bird by setting or operating any trap or device designed, built or used to capture birds on a pole, post, tree stump or any other elevated perch more than 3 feet above the ground.
29.60(3)
(3) Nothing in this chapter may prevent the department or a person authorized under
s. 29.59 from using an explosive or having an explosive near a beaver house or a beaver dam for the purpose of removing a beaver dam or a vacated beaver house when the beavers are causing damage to property.
29.605
29.605
Giving away of predatory animals to public zoos. 29.605(1)(1) It is lawful for the department to give, present, or turn over alive, for educational purposes, to any bona fide public zoo any predatory animal.
29.605(2)
(2) Any predatory animal that has been given to, presented, or turned over to any bona fide public zoo under this section shall not be sold, bartered or given away by such zoo in any manner except that such animal may be returned to the department.
29.62
29.62
Removal of injurious rough fish. 29.62(1)
(1) The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state.
29.62(3)
(3) Whenever the department takes rough fish under this section it shall dispose of the same as the department shall direct.
29.62 History
History: 1971 c. 266;
1977 c. 418.
29.623
29.623
Control of detrimental fish. When the department finds that any species of fish is detrimental to any of the waters of the state it may, by rule, designate such species of fish and specify the waters in which such fish are found to be detrimental. Thereupon the department may remove such fish from the waters specified or cause them to be removed therefrom.
29.623 History
History: 1975 c. 360.
29.625
29.625
Permit to take rough fish. 29.625(1)
(1) Permission may be granted to any person by the department upon such terms and conditions as it may require to take carp and other undesirable rough fish, which are detrimental to game fish in the following bays or harbors in Door county, namely: Sturgeon Bay, Little Sturgeon Bay, Riley's bay, Egg harbor, Fish creek harbor, Eagle harbor, Bailey's harbor, Mud bay, North bay, Rowley's bay, and Washington harbor, Jackson harbor and Detroit harbor in Washington Island.
29.625(2)
(2) A person having a contract to take rough fish under
s. 29.62 or this section may be authorized by the department to erect and maintain a temporary pond in any navigable water pending the sale of such fish, provided that such pond does not unreasonably interfere with navigation or other public rights in such water.
29.625 History
History: 1981 c. 390 s.
252.
29.626
29.626
Trespass on riparian land. In an action against a person for damages sustained from trespassing on lands bordering streams stocked by the consent of owner of such lands, with fish received from a state hatchery, where such damage shall exceed $2, the trespasser shall be liable for double the amount of such damage and all the taxable costs; and where the damage sustained is $2 or less the trespasser shall be liable for the amount of such damage and the costs not to exceed the amount of the damage.
29.64
29.64
Resisting a warden. Any person who assaults or otherwise resists or obstructs any warden in the performance of duty shall be subject to the penalty specified in
s. 939.51 (3) (a).
29.641
29.641
False impersonation of warden. Any person who falsely represents himself or herself to be a warden or who assumes to act as a warden without having been first duly appointed shall be subject to the penalty specified in
s. 939.51 (3) (a).
29.642
29.642
Incorrect information. 29.642(1)
(1) Any person who provides incorrect information and thereby obtains an approval issued under this chapter to which the person is not entitled:
29.642(1)(c)
(c) Shall pay a natural resources restitution payment equal to the amount of the statutory fee for the approval which was required and should have been obtained.
29.642(2)
(2) Any person who obtains any approval under this chapter during the period of time when that approval is revoked by any court shall be fined not more than $200 or imprisoned not more than 90 days or both.
29.6425
29.6425
Prohibitions during periods of suspension or revocation. 29.6425(1)(1) Any person who was issued an approval under this chapter that has been revoked or suspended by a court and who engages in the activity authorized by the approval during the period of revocation or suspension is subject to the following penalties, in addition to any other penalty imposed for failure to have the approval:
29.6425(1)(a)
(a) For the first conviction, the person shall forfeit not less than $300 nor more than $500.
29.6425(1)(b)
(b) 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.
29.6425(2)
(2) The 5-year period under
sub. (1) (b) shall be measured from the dates of the violations which resulted in the convictions.
29.6425 History
History: 1993 a. 137.
29.643
29.643
Changing approval. Any person who changes or alters, in any manner, or enters other than the correct date of issuance on any approval:
29.643(1)
(1) Shall be fined not more than $200 or imprisoned not more than 90 days or both; and
29.643(3)
(3) Shall pay a natural resources restitution payment equal to the statutory fee for the approval which was required and should have been obtained.
29.644
29.644
Breaking seals of department. Any person who breaks, removes or interferes with any seal or tag attached to any animal, carcass, article or other thing by the department, or who meddles or interferes with any animal, carcass, article or other thing with such seal or tag attached, or who counterfeits any such seal or tag, attached or unattached, shall be fined not more than $500 or imprisoned not more than 90 days or both.
29.645
29.645
Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer.
29.645 History
History: 1993 a. 137;
1995 a. 79.
29.65
29.65
Civil actions for damages caused by law violations. 29.65(1)(1) The department may bring a civil action in the name of the state for the recovery of damages against any person unlawfully killing, wounding, catching, taking, trapping, or having unlawfully in possession any of the following named protected wild animals, birds, or fish, or any part of an animal, bird or fish, and the sum assessed for damages for each wild animal, bird, or fish shall be not less than the amount stated in this section:
29.65(1)(b)
(b) Any moose, elk, fisher, prairie chicken or sand hill crane, $262.50.
29.65(1)(c)
(c) Any deer, bear, wild turkey or wild swan, $175.
29.65(1)(d)
(d) Any bobcat (wildcat), fox, beaver or otter, $87.50.
29.65(1)(f)
(f) Any sharp-tailed grouse, ruffed grouse, spruce hen, wild duck, coot, wild goose or brant, $26.25.
29.65(1)(g)
(g) Any pheasant, Hungarian partridge, quail, rail, Wilson's snipe, woodcock or shore bird, or protected song bird or harmless bird, $17.50.
29.65(1)(h)
(h) Any muskrat, rabbit or squirrel, $8.75.
29.65(1)(i)
(i) Any muskellunge or rock or lake sturgeon, $43.75.
29.65(1)(j)
(j) Any largemouth or smallmouth bass, $26.25.
29.65(1)(k)
(k) Any brook, rainbow, brown, or steel head trout, $26.25.
29.65(1)(L)
(L) Any walleye pike, northern pike, or any other game fish not mentioned in
pars. (i) to
(k), $8.75.
29.65(1)(m)
(m) Any game or fur-bearing animal or bird not mentioned in
pars. (b) to
(h), $17.50.
29.65(2)
(2) Any damages recovered in such action shall be paid into the state conservation fund and disbursed therefrom by the department. The costs of such action in case of a judgment in favor of the defendant shall be paid out of the conservation fund.
29.65(3)
(3) A civil action brought under this section shall be a bar to a criminal prosecution for the same offense and any criminal prosecution for any offense chargeable under this section shall be a bar to a civil action brought under this section.
29.65 Annotation
The civil remedy is coextensive with the criminal sanctions of the chapter, and since the chapter does not prohibit killing fish by opening a dam unlawfully, there is no civil remedy. Dept. of Natural Resources v. Clintonville, 53 W (2d) 1, 191 NW (2d) 866.
29.65 Annotation
State may recover "civil redress" damages under this section as well as prosecute perpetrator for underlying violation punishable only by civil forfeiture. State v. Denk, 117 W (2d) 432, 345 NW (2d) 66 (Ct. App. 1984).
29.65 Annotation
When a criminal action is brought for a violation of ch. 94, prohibiting deposit of pesticides in public waters of the state, such proceeding is not barred by a civil action to recover the statutory value of fish killed by such pesticides. 62 Atty. Gen. 130.
29.99
29.99
General penalty provisions. Any person who, for himself or herself, or by his or her agent, servant, or employe, or who, as agent, servant, or employe for another, violates this chapter shall be punished, respectively, as follows:
29.99(1)(a)(a) For the violation of any requirement of this chapter relating to fishing or fish dealing, or rules promulgated under this chapter relating to fishing or fish dealing, by a forfeiture of not more than $1,000 except as provided under
pars. (b) and
(c) and
sub. (5m).
29.99(1)(b)
(b) For having fish in his or her possession in violation of this chapter or rules promulgated under it and the value of the fish under
par. (d) exceeds $300 but does not exceed $1,000, by a fine of not more than $5,000 or imprisonment for not more than 30 days or both.
29.99(1)(c)
(c) For having fish in his or her possession in violation of this chapter or rules promulgated under it and the value of the fish under
par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 years or both.
