29.957 History
History: 1975 c. 365;
1979 c. 34;
1981 c. 20;
1997 a. 248 s.
689; Stats. 1997 s. 29.957.
29.961
29.961
Incorrect information. 29.961(1)
(1) Any person who provides incorrect information and thereby obtains an approval issued under this chapter to which the person is not entitled:
29.961(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.
29.961(2)
(2) Any person who fails to keep records as required under this chapter, fails to keep accurate records under this chapter, or provides incorrect information to the department under this chapter, other than information to obtain an approval as provided under
sub. (1), shall forfeit not more than $100.
29.964
29.964
Changing approval. Any person who changes or alters, in any manner, or enters other than the correct date of issuance on any approval:
29.964(1)
(1) Shall be fined not more than $200 or imprisoned not more than 90 days or both; and
29.964(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.
29.964 History
History: 1975 c. 365;
1979 c. 34;
1981 c. 20;
1983 a. 27;
1997 a. 248 s.
688; Stats. 1997 s. 29.964.
29.967
29.967
Prohibitions during periods of suspension or revocation. 29.967(1)(1) Any person who has had an approval or a privilege under this chapter revoked or suspended by a court and who engages in the activity authorized by the approval or in the privilege during the period of revocation or suspension is subject to the following penalties, in addition to any other penalty imposed for failure to have an approval:
29.967(1)(a)
(a) For the first conviction, the person shall forfeit not less than $300 nor more than $500.
29.967(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.
29.967(2)
(2) The 5-year period under
sub. (1) (b) shall be measured from the dates of the violations which resulted in the convictions.
29.967(3)
(3) 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.
29.967 History
History: 1993 a. 137;
1997 a. 196;
1997 a. 248 ss.
686,
687; Stats. 1997 s. 29.967.
29.969
29.969
Larceny of game. A person who, without permission of the owner, 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 or farm-raised fish.
29.969 History
History: 1993 a. 137;
1995 a. 79;
1997 a. 27;
1997 a. 248 s.
690; Stats. 1997 s. 29.969.
29.971
29.971
General penalty provisions. Any person who, for himself or herself, or by his or her agent or employee, or who, as agent or employee for another, violates this chapter shall be punished as follows:
29.971(1)(a)(a) For the violation of any requirement of 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).
29.971(1)(b)
(b) For having fish in his or her possession in violation of this chapter 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.
29.971(1)(c)
(c) For having fish in his or her possession in violation of this chapter 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 3 years or both.
29.971(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. 29.977 (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.
29.971(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 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. 29.519 (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.
29.971(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.
29.971(1m)(a)(a) For the violation of
s. 29.537, by a forfeiture of not more than $1,000, except as provided under
pars. (b) and
(c).
29.971(1m)(b)
(b) For possessing clams in violation of
s. 29.537, 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.
29.971(1m)(c)
(c) For possessing clams in violation of
s. 29.537, 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 3 years or both.
29.971(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.
29.971(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 relating to clamming or commercial clamming, by the revocation of all of 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.
29.971(2)
(2) For hunting or trapping without an approval required by this chapter:
29.971(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.
29.971(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.
29.971(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.
29.971(4)
(4) For any violation of this chapter or any department order for which no other penalty is prescribed, by a forfeiture of not more than $100.
29.971(5)
(5) For violation of
s. 29.539, 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.
29.971(5g)
(5g) For violation of
s. 29.541, 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.
29.971(5m)
(5m) For the violation of this chapter 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.
29.971(7)
(7) For the violation of
s. 29.307, 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 aircraft used in the violation is a public nuisance.
29.971(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.
29.971(9m)
(9m) For the improper use or validation of any carcass tag, by a forfeiture of not more than $500.
29.971(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 or setting snares for deer or for the possession or control of a deer carcass in violation of
s. 29.055 or
29.347, 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.
29.971(11m)(a)(a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, 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 for the first violation, or by a fine of not more than $5,000 or imprisonment for not more than 2 years or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.
29.971(11m)(b)
(b) Except as provided under
par. (a), for the violation of any provision of this chapter or any relating to bear hunting, to the activities specified in
s. 29.184 (3) (br) 1. to
3. or to the validation of a bear carcass tag or registration of a bear, by a forfeiture of not more than $1,000.
29.971(11m)(c)
(c) Any person who is convicted of hunting bear or engaging in any of the activities under
s. 29.184 (3) (br) with a dog that is not in compliance with
s. 29.184 (4) or the licensing requirements under
s. 174.053 or
174.07 may have his or her Class A or Class B bear hunting license revoked; and if the license is revoked, no Class A or Class B bear hunting license may be issued to the person for a period of 3 years after the date of conviction.
29.971(11p)(a)(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;
1999 a. 9,
32.
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 Wis. 2d 398,
528 N.W.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 a complaint under s. 968.02; prosecution must be conducted within the 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 Wis. 2d 1,
191 N.W.2d 866.
29.977 Annotation
The state may recover "civil redress" damages under this section as well as prosecute the perpetrator for the underlying violation punishable only by civil forfeiture. State v. Denk,
117 Wis. 2d 432,
345 N.W.2d 66 (Ct. App. 1984).
