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.
29.99(1)(d)
(d) Salmon, trout and noncommercial game fish shall be valued for the purposes of
pars. (b) and
(c) on a per fish basis according to the dollar amounts specified under
s. 29.65 (1) (a) and
(i) to
(L). Other species of commercial fish shall be valued on a per fish basis according to the current average wholesale value. In this paragraph, "average wholesale value" means the average price received by producers on the date of the violation for fish in the form of the violative fish.
29.99(1)(e)
(e) Any person holding an approval issued under this chapter, upon his or her 2nd conviction within a 3-year period for violations of this chapter or rules promulgated under it relating to possessing illegal fish, fishing with illegal gear, fishing in closed areas or refuges, fishing during a closed season, violation of quota fisheries or false reporting shall have all of his or her fishing and fish dealing licenses revoked and no fishing or fish dealing license may be issued to the person for at least one year after the date of conviction. During the period of revocation for 2 convictions under
pars. (b) or
(c) or a combination of 2 convictions under
pars. (b) and
(c), the person may not engage in fishing on the water or ice in any manner, operate or assist in the operation of fishing gear or engage in sale or transportation of fish. Any person holding a license under
s. 29.33 (1) who has that license revoked under this paragraph, may apply for that license for that part of the license year following the period of revocation which is at least one year after the date of conviction and the department shall issue that license if all licensing criteria are met. The revoked license may not be issued to another person during the period of revocation.
29.99(1g)
(1g) For failure to hold a valid approval as required under this chapter for which a court imposes a penalty under
sub. (1) (a) to
(e) or
(5m), by the payment of a natural resources restitution payment equal to the amount of the statutory fee for the approval that was required and that should have been obtained.
29.99(1m)(a)(a) For the violation of
s. 29.38 or rules adopted thereunder, by a forfeiture of not more than $1,000, except as provided under
pars. (b) and
(c).
29.99(1m)(b)
(b) For possessing clams in violation of
s. 29.38 or rules adopted thereunder, if the value of the clams 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(1m)(c)
(c) For possessing clams in violation of
s. 29.38 or rules adopted thereunder, if the value of the clams 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.
29.99(1m)(d)
(d) Clams shall be valued for the purpose of
pars. (b) and
(c) according to the current average wholesale value. In this paragraph, "average wholesale value" means the average price received by commercial clam shellers during the 30-day period prior to the date of violation.
29.99(1m)(e)
(e) For any person holding any approval issued under this chapter, upon the person's 2nd conviction within a 3-year period for violations of this chapter or rules promulgated thereunder relating to clamming or commercial clamming, by the revocation of all the person's approvals. In addition, no commercial clamming license or permit may be issued to the person for at least one year after the date of conviction.
29.99(2)
(2) For hunting or trapping without an approval required by this chapter:
29.99(2)(a)
(a) By a forfeiture of not more than $100; and
29.99(2)(c)
(c) By the payment of a natural resources restitution payment equal to the amount of the statutory fee for the approval which was required and should have been obtained.
29.99(3)
(3) For the violation of any statutes or any department order relating to the hunting, taking, transportation or possession of game, by a forfeiture of not more than $1,000.
29.99(3m)
(3m) For unlawfully hunting a moose or an elk, by a forfeiture of not less than $1,000 nor more than $2,000 and the mandatory revocation of all hunting approvals issued to the person. In addition, no hunting approval may be issued to the person for the time period specified by the court. The time period specified shall be not less than 3 years nor more than 5 years following the date of conviction under this subsection.
29.99(4)
(4) For any violation of any provision of this chapter or any department order for which no other penalty is prescribed, by a forfeiture of not more than $100.
29.99(5)
(5) For violation of
s. 29.48, by a fine of not less than $1,000 nor more than $2,000 or imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 5 years.
29.99(5g)
(5g) For violation of
s. 29.49, by a fine of not more than $500 or imprisonment for not more than 90 days or both. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 3 years.
29.99(5m)
(5m) For the violation of any statute or rule relating to the taking or possession of lake sturgeon, by a fine of $1,500 or imprisonment for not more than 90 days or both for each lake sturgeon illegally taken or possessed, and a mandatory 3-year revocation of all hunting, fishing and trapping approvals issued to the person under this chapter.
29.99(7)
(7) For the violation of
s. 29.23, or of any administrative rule relating to hunting from an airplane or using an airplane to spot, rally or drive animals for hunting, by a fine of not more than $1,000 for the first violation and not more than $2,000 for subsequent violations or imprisonment for not more than 90 days, or both, and by a mandatory 3-year revocation of all hunting, fishing and trapping approvals. An airplane used in any such violation is declared a public nuisance.
29.99(9)
(9) For the violation of any statute or any department order relating to the registration of any wild animal, by a forfeiture of not more than $100.
29.99(9m)
(9m) For the improper use or validation of any carcass tag, by a forfeiture of not more than $500.
29.99(11)
(11) For hunting deer without the required approval, during the closed season, with the aid of artificial light or with the aid of an aircraft, for the snaring of deer or for the possession or control of a deer carcass in violation of
s. 29.39 or
29.40, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.
