Effective date note
NOTE: Par. (a) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than 2 years or both.
29.971(11p)(b)
(b) Paragraph (a) does not apply if the activity subject to the penalty under
par. (a) has been specifically approved by the department and is necessary to conduct research activities.
29.971(11v)
(11v) For failing to reimburse the department as required under
s. 29.404 (3), by a forfeiture of not more than $100.
29.971(12)
(12) In addition to any other penalty for violation of this chapter or any department order made under this chapter, the court may revoke or suspend any or all privileges and approvals granted under this chapter for a period of up to 3 years. If a person is convicted of reckless or highly negligent conduct in the operation or handling of a firearm or bow and arrow in violation of
s. 940.08,
940.24 or
941.20 and either death or bodily harm to another results from that violation, the court shall revoke every approval issued to that person under this chapter and shall provide a fixed period during which no new approval may be issued to the person. If no death or bodily harm to another results from the violation, the court may revoke any approval issued to that person under this chapter and may provide a fixed period during which no new approval may be issued to the person.
29.971(13)
(13) No penalty prescribed in any section of this chapter shall be held to be diminished because the violation for which it is prescribed falls also within the scope of a more general prohibition.
29.971(14)
(14) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not farm-raised deer, farm-raised fish or domesticated animals, that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were farm-raised deer, farm-raised fish or domesticated animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts.
29.971 History
History: 1975 c. 365 ss.
45,
50;
1979 c. 34,
150,
175,
190,
355;
1981 c. 20,
236,
243,
391;
1983 a. 27;
1983 a. 80 s.
9;
1983 a. 114 s.
9;
1983 a. 192,
209,
419,
520,
538;
1985 a. 29,
36,
270,
271,
272,
289,
332;
1987 a. 379;
1989 a. 190,
336;
1991 a. 39,
269;
1993 a. 137;
1995 a. 59,
79;
1997 a. 1,
27;
1997 a. 248 ss.
714 to
722; Stats. 1997 s. 29.971;
1997 a. 283 ss.
20 to
23; s. 13.93 (2) (c).
29.971 Annotation
All illegal clamming violations under s. 29.38 are punishable by forfeiture under sub. (1m) (a) except violations of the possession provisions of s. 29.38 [now s. 29.537]. State v. Ahrling, 191 W (2d) 398, 528 NW (2d) 431 (1995).
29.974
29.974
Penalties; repeaters. 29.974(1)
(1) If a person is convicted of any violation of this chapter, of
s. 167.31 (2) or
(3) or of a rule promulgated under
s. 167.31 (4m), and it is alleged in the indictment, information or complaint, and proved or admitted on trial or ascertained by the court after conviction that the person was previously convicted within a period of 5 years for a violation of this chapter, of
s. 167.31 (2) or
(3) or of a rule promulgated under
s. 167.31 (4m) by any court of this state, the person shall be fined not more than $100, or imprisoned not more than 6 months or both. In addition, all hunting, fishing and trapping approvals issued to the person shall be revoked and no hunting, fishing or trapping approval may be issued to the person for a period of one year after the 2nd conviction.
29.974(2)
(2) When any person is convicted and it is alleged in the indictment, information or complaint and proved or admitted on trial or ascertained by the court after conviction that the person had been before convicted 3 times within a period of 3 years for violations of this chapter or department order punishable under
s. 29.501 (10),
29.601 (1) or
29.971 (5), or for violation of
s. 29.539, or for violation of any statute or department order regulating the taking or possession of any wild animal or carcass during the closed season or any combination of those violations by any court of this state, and that the convictions remain of record and unreversed, the person shall be fined not more than $2,000 or imprisoned for not more than 9 months or both.
29.974(3)
(3) No penalty for any violation listed in
sub. (1) or
(2) may be reduced or diminished by reason of this section.
29.974 History
History: 1975 c. 365 s.
46; Stats. 1975 s. 29.995;
1981 c. 243 s.
7;
1983 a. 27;
1985 a. 29,
272;
1993 a. 137;
1997 a. 248 s.
723; Stats. 1997 s. 29.974.
29.974 Annotation
Criminal prosecution under this section must be commenced by complaint under s. 968.02; prosecution must be conducted with statutory and constitutional requirements applicable to other criminal prosecutions.
71 Atty. Gen. 136.
29.977
29.977
Civil actions for damages caused by law violations. 29.977(1)(1) The department may bring a civil action in the name of the state for the recovery of damages against any person killing, wounding, catching, taking, trapping or possessing in violation of this chapter 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:
29.977(1)(b)
(b) Any moose, elk, fisher, prairie chicken or sand hill crane, $262.50.
29.977(1)(c)
(c) Any deer, bear, wild turkey or wild swan, $175.
29.977(1)(f)
(f) Any sharp-tailed grouse, ruffed grouse, spruce hen, wild duck, coot, wild goose or brant, $26.25.
29.977(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.
29.977(1)(i)
(i) Any muskellunge or rock or lake sturgeon, $43.75.
29.977(1)(k)
(k) Any brook, rainbow, brown, or steel head trout, $26.25.
29.977(1)(L)
(L) Any walleye pike, northern pike, or any other game fish not mentioned in
pars. (i) to
(k), $8.75.
29.977(1)(m)
(m) Any game or fur-bearing animal or bird not mentioned in
pars. (b) to
(h), $17.50.
29.977(2)
(2) Any damages recovered in a civil action under this section shall be paid into the conservation fund. The costs of the action, if the judgment is in favor of the defendant, shall be paid out of the conservation fund.
29.977(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.
29.977 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.
29.977 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).
29.977 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.
29.981
29.981
Parties to a violation. 29.981(1)
(1) Whoever is concerned in the commission of a violation of this chapter or of any department order under this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
29.981(2)
(2) A person is concerned in the commission of the violation if the person:
29.981(2)(c)
(c) Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
29.981 History
History: 1975 c. 365;
1987 a. 379;
1997 a. 248 s.
724; Stats. 1997 s. 29.981.
29.983
29.983
Wild animal protection assessments. 29.983(1)
(1)
Levy of wild animal protection assessment. 29.983(1)(a)(a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter for the unlawful killing, wounding, catching, taking, trapping or possession of a wild animal specified in
par. (b), or any part of such a wild animal, the court may impose a wild animal protection assessment that equals the amount specified for the wild animal under
par. (b).
29.983(1)(b)
(b) The amount of the wild animal protection assessment shall be as follows:
29.983(1)(b)1.
1. For any wild animal that is an endangered species protected under
s. 29.604, $875.
29.983(1)(b)2.
2. For any moose, elk, fisher, prairie chicken or sand hill crane, $262.50.
29.983(1)(b)6.
6. For any sharp-tailed grouse, ruffed grouse, spruce hen, wild duck, coot, wild goose or brant, $26.25.
29.983(1)(b)7.
7. For any pheasant, Hungarian partridge, quail, rail, Wilson's snipe, woodcock or shore bird, or protected song bird or harmless bird, $17.50.
29.983(1)(b)9.
9. For any muskellunge, rock sturgeon or lake sturgeon, $43.75.
29.983(1)(b)11.
11. For any brook, rainbow, brown, or steel head trout, $26.25.
29.983(1)(b)12.
12. For any walleye pike, northern pike, or any other game fish not mentioned in
subds. 9. to
11., $8.75.
29.983(1)(b)13.
13. For any game or fur-bearing animal or bird not mentioned in
subds. 2. to
8., $17.50.
29.983(1)(d)
(d) If a fine or forfeiture is suspended in whole or in part, the wild animal protection assessment shall be reduced in proportion to the suspension.
29.983(1)(e)
(e) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the wild animal protection assessment required under this section. If the deposit is forfeited, the amount of the wild animal protection assessment shall be transmitted to the state treasurer under
par. (f). If the deposit is returned, the wild animal protection assessment shall also be returned.
29.983(1)(f)
(f) The clerk of the court shall collect and transmit to the county treasurer the wild animal protection assessment and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2.
29.983(2)
(2) Deposit of wild animal protection assessment funds. The state treasurer shall deposit the moneys collected under this section into the conservation fund.
29.983 History
History: 1991 a. 39;
1995 a. 201,
376;
1997 a. 248 s.
725; Stats. 1997 s. 29.983.
29.985
29.985
Fishing shelter removal assessment. 29.985(1)
(1)
Levy of fishing shelter removal assessment. 29.985(1)(a)(a) If a court imposes a forfeiture under
s. 29.404 (3), the court shall impose a fishing shelter removal assessment equal to the costs that should have been reimbursed under
s. 29.404 (2).
29.985(1)(b)
(b) If a forfeiture is suspended in whole or in part, the fishing shelter removal assessment shall be reduced in proportion to the suspension unless the court directs otherwise.
29.985(1)(c)
(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the fishing shelter removal assessment prescribed in this section. If the deposit is forfeited, the amount of the fishing shelter removal assessment shall be transmitted to the state treasurer under
par. (d). If the deposit is returned, the fishing shelter removal assessment shall also be returned.
29.985(1)(d)
(d) The clerk of the court shall collect and transmit to the county treasurer the fishing shelter removal assessment and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2.
29.985(2)
(2) Use of fishing shelter removal assessments funds. All moneys collected from fishing shelter removal assessments shall be deposited in the conservation fund.
29.985 History
History: 1991 a. 39;
1995 a. 201;
1997 a. 248 s.
726; Stats. 1997 s. 29.985.
29.987
29.987
Natural resources assessments. 29.987(1)
(1)
Levy of natural resources assessment. 29.987(1)(a)(a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture.
29.987(1)(b)
(b) If a fine or forfeiture is suspended in whole or in part, the natural resources assessment shall be reduced in proportion to the suspension.
29.987(1)(c)
(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources assessment prescribed in this section. If the deposit is forfeited, the amount of the natural resources assessment shall be transmitted to the state treasurer under
par. (d). If the deposit is returned, the natural resources assessment shall also be returned.
29.987(1)(d)
(d) The clerk of the court shall collect and transmit to the county treasurer the natural resources assessment and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources assessment in the conservation fund.
29.987(2)
(2) Use of natural resources assessment funds. All moneys collected from natural resources assessments shall be credited to the appropriation under
s. 20.370 (3) (mu).
29.987 History
History: 1979 c. 34;
1981 c. 20;
1995 a. 201;
1997 a. 248 s.
727; Stats. 1997 s. 29.987.
29.989
29.989
Natural resources restitution payments. 29.989(1)(1)
Levy of natural resources restitution payment. 29.989(1)(a)(a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter [where the payment of a natural resources restitution payment is required, the court shall impose a natural resources restitution payment equal to the amount of the statutory fee for the approval which was required and should have been obtained.] [[, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture.]]
29.989 Note
NOTE: 1997 Wis. Act 248 deleted the single bracketed language without showing it as stricken and inserted the double bracketed language without showing it as underscored. No change was intended. Corrective legislation is pending.
29.989(1)(b)
(b) If a fine or forfeiture is suspended in whole or in part, the natural resources restitution payment shall be reduced in proportion to the suspension unless the court directs otherwise.
