29.889(7m)(b)
(b)
Penalties. If any person who is required to permit hunting on land as required under
par. (a) fails to do so, the person is liable for all of the following:
29.889(7m)(b)1.
1. Repayment of any money paid for the wildlife damage claim.
29.889(7m)(b)2.
2. Payment of the cost of any wildlife damage abatement assistance paid for under this section.
29.889(7m)(b)3.
3. Payment of the costs for reviewing and approving the wildlife damage claim or wildlife damage abatement assistance and the costs of investigating the failure to permit hunting on the land.
29.889(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.
29.889(8g)
(8g) Review. A participating county's determination of the amount of wildlife damage, the amount of a wildlife damage claim or the amount of wildlife damage abatement assistance shall be treated as final decisions for purposes of review.
29.889(8r)(a)(a)
Records. A person receiving wildlife damage abatement assistance or wildlife damage claim payments shall retain all records as required by the participating county or the department and make them available to the participating county or the department for inspection at reasonable times.
29.889(8r)(b)
(b)
Entry to land. The department or a participating county may enter and inspect, at reasonable times, any land for which a wildlife damage claim has been filed or for which wildlife damage abatement measures have been implemented.
29.889(8r)(c)
(c)
Responsibilities. No person may refuse entry or access to or withhold records from the department or the participating county under this subsection. No person may obstruct or interfere with an inspection by the department or a participating county under this subsection. The department or participating county if requested, shall furnish to the person a report setting forth all of the factual findings by the department or participating county that relate to the inspection.
29.889(9)
(9) Audits. The department shall conduct random audits of wildlife damage abatement claims paid, wildlife damage abatement measures recommended and wildlife damage assistance paid for under this section. The department shall conduct audits of all claims filed by, and payments made to, department employes and of all wildlife damage abatement measures for the benefit of crops, livestock or apiaries owned or controlled by these employes for which assistance was provided under
sub. (5).
29.889(10)(a)(a)
Liability. For a given wildlife damage statement of claim or application for wildlife damage abatement assistance, if the person filing the claim or applying for the assistance negligently makes, or causes to be made, a false statement or representation of a material fact in making the claim or application, the person is liable for all of the following:
29.889(10)(a)1.
1. Repayment of any money paid for the wildlife damage claim.
29.889(10)(a)2.
2. Payment of the cost of any wildlife damage abatement assistance paid for under this section.
29.889(10)(a)3.
3. Payment of the costs for reviewing and approving the wildlife damage claim or wildlife damage abatement assistance and the costs in investigating and determining whether a false statement or representation was made.
29.889(10)(b)
(b)
Fraud. No person may knowingly make or cause to be made any false statement or representation of material fact under the wildlife damage abatement program or the wildlife damage claim program.
29.889(10)(c)
(c)
Fraud; penalties. A court finding a person to be in violation of
par. (b) may order any of the following:
29.889(10)(c)2.
2. That the person pay a forfeiture equal to 2 times the total amount of wildlife damage claim payments received and the value of any wildlife damage abatement measures implemented, plus an amount not to exceed $1,000.
29.889(10)(c)3.
3. The revocation of the person's privileges or approvals under
s. 29.971 (12) if the person violating
par. (b) owns, leases or controls land, or owns livestock or apiaries, to which the false statement or representation relates.
29.889(10)(c)4.
4. That the person be prohibited from receiving any benefits under the wildlife damage abatement program or the wildlife damage claim program for a period of 10 years commencing after the day that the false statement or representation occurred.
29.889(10)(d)
(d)
Other liability. Any person who owns, leases or controls land or owns livestock or apiaries for which a benefit was received in violation of
par. (b) or who fails to allow hunting as required under
sub. (7m) is not eligible for any benefits under the wildlife damage abatement program or the wildlife damage claim program for a period of 10 years commencing after the day on which the false statement or representation occurred, regardless of whether the person knew or should have known of the false statement or misrepresentation.
29.889(11)(a)(a)
Contents. The department shall prepare an annual report concerning wildlife damage, the wildlife damage abatement program and the wildlife damage claim program, including a summary of each of the following:
29.889(11)(a)1.
1. All of the wildlife damage believed to have occurred in the state.
29.889(11)(a)2.
2. The wildlife damage claims that were filed under this section.
29.889(11)(a)3.
3. The wildlife damage abatement measures that were recommended or implemented under this section.
29.889(11)(a)4.
4. The percentage of the total number of filed wildlife damage claims that are rejected for failure to meet the requirements of the programs.
29.889(11)(a)5.
5. The percentage of the total number of wildlife damage claims for which the amount of the payment to the claimant was prorated under
sub. (7) (d).
29.889(11)(b)
(b)
Submission; distribution. The department shall submit the report under this subsection no later than June 1 of each year for distribution to the appropriate standing committees of the legislature in the manner provided under
s. 13.172 (3). The first report shall be submitted no later than June 1, 1999. Each report shall cover the 12-month period ending on the December 31 that immediately precedes the date of the report.
29.889(12)
(12) Tolerable deer damage levels. The department shall promulgate rules to establish standards for tolerable levels of damage caused by deer living in the wild to crops on agricultural land, including commercial seedings, orchard trees and nursery stock. The department shall use the standards in setting goals for managing the deer herd.
ENFORCEMENT
29.921
29.921
Warrants; arrests; police powers. 29.921(1)
(1)
Generally. The department and its wardens may execute and serve warrants and processes issued under any law enumerated in
ss. 23.50 (1),
167.31,
346.19,
940.24,
941.20,
948.60,
948.605 and
948.61 in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the officer has probable cause to believe is guilty of a violation of any of the laws cited in this subsection, whether the violation is punishable by criminal penalties or by forfeiture, and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing any of the laws cited in this subsection, any officer may stop and board any boat and stop any vehicle, if the officer reasonably suspects there is a violation of those sections.
29.921(2)
(2) Field archaeology. The department and any of its wardens may execute and serve warrants and processes issued for violations of
s. 44.47 occurring on the bed of any stream or lake in the same manner as any constable may serve and execute the process; and may arrest a person, with or without a warrant, who is detected committing such a violation, or whom the warden has probable cause to believe is guilty of a violation of
s. 44.47, and may take the person before any court in the county where the violation was committed and make proper complaint. For the purpose of enforcing
s. 44.47, any warden may stop and board any boat and stop any vehicle, if the warden reasonably suspects that there is a violation of
s. 44.47.
29.921(3)
(3) Harassment. The department and its wardens may execute and serve warrants and processes issued for violations of
s. 947.013 (1m) (b) if the victim of the harassment is intentionally selected because of the victim's race in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the warden has probable cause to believe guilty of a violation of
s. 947.013 (1m) (b), whether the violation is punishable by criminal penalties or by forfeiture and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing
s. 947.013 (1m) (b), any warden may stop and board any boat and stop any vehicle, if the warden reasonably suspects there is a violation of
s. 947.013 (1m).
29.921(4)
(4) Tribal code enforcement. If a federally recognized American Indian tribe or band consents to the enforcement of its conservation code by the department or if a federal court order authorizes or directs the enforcement, the department and its wardens may execute and serve warrants and processes issued for violations of the tribe's or band's conservation code that occur outside the exterior boundaries of American Indian reservations; and may arrest a person, with or without a warrant, who is detected committing such a violation, or whom the warden has probable cause to believe is guilty of such a violation, and may take the person before the tribal court of appropriate jurisdiction and make proper complaint. For the purpose of enforcing a tribe's or band's conservation code, any warden may stop and board any boat and may stop any vehicle, if the warden reasonably suspects there is a violation of such a conservation code.
29.921(5)
(5) Additional arrest powers. In addition to the arrest powers under
sub. (1), a warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under
s. 165.85 (4) (b) 1. and has complied with any applicable requirements under
s. 165.85 (4) (bn) 1. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency as defined under
s. 165.83 (1) (b) including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony or may arrest a person who has committed a crime in the presence of the warden. If the warden makes an arrest without the presence of another law enforcement agency, the warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The warden shall be available as a witness for the state. A warden may not conduct investigations for violations of state law except as authorized in
ss. 23.11 (4),
29.924 (1) and
41.41 (12). A warden acting under the authority of this subsection is considered an employe of the department and is subject to its direction, benefits and legal protection. The authority granted in this section does not apply to county conservation wardens or special conservation wardens.
29.921(6)
(6) Search warrants; subpoenas. In executing search warrants and subpoenas under this chapter where the penalty for the violation is a forfeiture, the department shall use procedures which comply with
ss. 968.12 and
968.135 to
968.19.
29.921(7)
(7) Dogs injuring wildlife. A warden 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.
29.921 History
History: 1997 a. 248 ss.
98 to
102,
708 to
710.
29.921 Annotation
A game warden who kills a dog which he believes is wounding or worrying a domestic animal is not exempt from liability under all circumstances. Munyon v. Moe, 46 W (2d) 629, 176 NW (2d) 324.
29.924
29.924
Investigations; searches. 29.924(1)
(1)
Investigations. The department and its wardens shall, upon receiving notice or information of the violation of any laws cited ins. 29.921 (1), as soon as possible make a thorough investigation and institute proceedings if the evidence warrants it.
29.924(2)
(2) Driving without headlights. In the performance of their law enforcement duties, wardens may operate motor vehicles owned or leased by the department upon a highway, other than an interstate, a state trunk highway or any highway within the limits of any incorporated area, during hours of darkness without lighted headlamps, tail lamps or clearance lamps, contrary to
s. 347.06, if the driving will aid in the accomplishment of a lawful arrest for violation of this chapter or in ascertaining whether a violation of this chapter has been or is about to be committed. Any civil action or proceeding brought against any warden operating a motor vehicle under this subsection is subject to
ss. 893.82 and
895.46.
29.924(3)
(3) Opening packages. The department and its wardens may examine and open any package in the possession of a common carrier which they have probable cause to believe contains wild animals in violation of this chapter, or carcasses, or is falsely labeled in violation of this chapter. Each common carrier and its agent or employe shall permit the officer to examine and open the package. Any opened package shall be restored to its original condition.
29.924(4)
(4) Access to storage places. The owner or occupant of any cold storage warehouse or building used for the storage or retention of wild animals or carcasses shall permit the department and its wardens to enter and examine the premises subject to
ss. 66.122 and
66.123. The owner or occupant, or the agent or employe of the owner or occupant, shall deliver to the officer any wild animal or carcass, in his or her possession during the closed season, whether taken within or without the state.
29.924(5)
(5) Access to private land. The department may, after making reasonable efforts to notify the owner or occupant, enter private lands to retrieve or diagnose dead or diseased wild animals and take actions reasonably necessary to prevent the spread of contagious disease in the wild animals.
29.924 History
History: 1997 a. 248 ss.
103 to
107,
711.
29.927
29.927
Public nuisances. The following are declared public nuisances:
29.927(1)
(1) Any unlicensed, untagged or unmarked net of any kind, or other unlicensed, untagged or unmarked device for fishing.
29.927(1m)
(1m) Any licensed, tagged or marked net or other device for fishing set, placed, or found in any waters where it is prohibited to be used, or in a manner prohibited by this chapter.
29.927(2)
(2) Any unlicensed, untagged or unmarked setline, cable, rope, or line, with more than one fish line attached.
29.927(2c)
(2c) Any licensed, tagged or marked setline set, placed, or found in any waters where it is prohibited to be used, or in a manner prohibited by this chapter.
29.927(2g)
(2g) Any fish line left in the water unattended, whether having one or more hooks attached.
29.927(2m)
(2m) Any long tunnel pound net or similar entrapping net other than the legal fyke net, drop net, submarine trap net and the short tunnel pound net whenever found in outlying waters or on any boat, dock, pier or wharf or in any building or vehicle on or adjacent to outlying waters. Any nets found as described in this subsection shall be sufficient evidence of the use of the nets by the owner.
29.927(3)
(3) Any device set in public waters to prevent the free passage of fish, or set in any stream which has been stocked by the state unless authorized by the department.
29.927(4)
(4) Any permanent or temporary structure placed, occupied, or used on the ice of any waters in violation of this chapter.
29.927(5)
(5) Any unlicensed trap, snare, spring gun, set gun, net or other device which might entrap, ensnare, or kill game.
29.927(5m)
(5m) Any trap without a metal tag attached as required by law.
29.927(6)
(6) Any boat, together with its tackle and equipment.
29.927(6g)
(6g) Any lamp, light, gun, firearm, ammunition, bow, crossbow or arrow used in violation of this chapter or
s. 167.31 or any rules promulgated under
s. 167.31.
29.927(6r)
(6r) Any boat, floating raft, box, or blind set in open water and used in hunting game birds.
29.927(7)
(7) Any decoys left in the water unattended.
29.927(8)
(8) Any dog found running deer, except farm-raised deer, at any time, or used in violation of this chapter.
29.927(9)
(9) Any ferret, rat, weasel, or guinea pig in possession or used while hunting.
29.927(11)
(11) Any motor vehicle, boat, aircraft, remote sensing equipment, navigational device, survey equipment, scuba gear or other equipment or device used in the commission of a crime relating to a submerged cultural resource in violation of
s. 44.47.
29.931(1)(1)
Seizure and confiscation of wild animals or plants. The department and its wardens shall seize and confiscate any wild animal, carcass or plant caught, killed, taken, had in possession or under control, sold or transported in violation of this chapter and the officer may, with or without warrant, open, enter and examine all buildings, camps, boats on inland or outlying waters, vehicles, valises, packages and other places where the officer has probable cause to believe that wild animals, carcasses or plants, taken or held in violation of this chapter, are to be found.
29.931(2)
(2) Seizure and confiscation of objects; sale of perishable property. 29.931(2)(a)(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 vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of this chapter or
s. 167.31,
287.81,
940.24,
941.20,
948.60,
948.605 or
948.61 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 the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of this chapter or
s. 167.31,
287.81,
940.24,
941.20,
948.60,
948.605 or
948.61 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.
29.931(2)(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 for disposition as the court directs.
29.931(3)
(3) Entire shipment affected. Confiscation of any part of a shipment under this section shall include the entire shipment.
29.931 History
History: 1997 a. 248 ss.
108 to
110,
712.
29.934
29.934
Sale of confiscated game and objects. 29.934(1)(a)(a) All wild animals, carcasses or plants that are confiscated by the department and all confiscated vehicles, boats or objects shall, if not destroyed as authorized by law, be sold at the highest price obtainable, by the department, or by an agent on commission under supervision of the department. The net proceeds of 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. (c) or
(d), shall be remitted to the department. The remittance shall be accompanied by a report of the sales, supported by vouchers for expenses and commissions, and shall be filed with the department.
29.934(1)(b)
(b) Of the remittance from the sales of confiscated vehicles, boats or objects, 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.
29.934(1)(c)1.1. In the case of the sale of a confiscated motor vehicle, 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 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 a court pertaining to the confiscation of the motor vehicle. Constructive notice shall be limited to security interests perfected by filing.
29.934(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. 29.931 (2). 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.
29.934(1)(c)3.
3. If the holder of a security interest in the confiscated motor vehicle, perfected by filing, proves to the court, or after judgment of confiscation, to 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.
29.934 Note
NOTE: Par. (d) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
