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 or
ch. 169. 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 or
ch. 169, 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
ch. 169 or
s. 167.31,
287.81,
940.24,
941.20,
948.60,
948.605 or
948.61, is being used in the commission of a crime involving an animal normally found in the wild in violation of
s. 951.09, 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
ch. 169 or
s. 167.31,
287.81,
940.24,
941.20,
948.60,
948.605 or
948.61, was used in the commission of a crime involving an animal normally found in the wild in violation of
s. 951.09, 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(4)
(4) Ordinance violations. For purposes of this section, a violation of
ch. 169 includes a violation of an ordinance enacted under
s. 169.43.
29.931 History
History: 1997 a. 248 ss.
108 to
110,
712;
2001 a. 56.
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 for a violation of this chapter or
ch. 169 and all vehicles, boats or objects confiscated by the department for a violation of this chapter or
ch. 169 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(1)(e)
(e) This subsection does not apply to a deer killed, or so injured that it must be killed, by a collision with a motor vehicle on a highway.
29.934(2)
(2) On any sales under this section of wild animals or carcasses, the department or the agent selling them shall issue to each purchaser a certificate, on forms prepared and furnished by the department, covering the sales. The wild animals or carcasses so purchased shall be consumed or otherwise disposed of by the purchaser within a period to be set by the department, but may not be resold or exchanged, in whole or in part, to any other person, except as provided in
sub. (3).
29.934(3)
(3) Confiscated fish or game sold under this section to the owner or operator of a restaurant may be served to customers. The certificate covering the purchase shall be hung in public view in the place where the fish or game is served, and the fish or game shall at the time of sale be tagged by the department or the agent selling it. The tag shall show the date of sale and shall be returned to the department or agent within 5 days after the sale.
29.934 Cross-reference
Cross Reference: See also s.
NR 19.115, Wis. adm. code.
29.936
29.936
Distribution of fish and game to food distribution services. 29.936(1)(1) Notwithstanding
s. 29.934, the department may distribute for free carcasses from fish and game seized or confiscated under
s. 29.931 that are suitable for eating to food distribution services. The department may have the fish or game that is seized or confiscated processed before distributing that fish or game to food distribution services. The department may collect the costs of the processing of the fish or game from the person from whom the fish and game was seized or confiscated.
29.936(2)
(2) The department may notify the person from whom the fish or game was seized or confiscated under
s. 29.931 that he or she is liable for the costs incurred by the department for processing the fish or game under this section. The notification shall be mailed to the person's last-known address and shall include the amount that the person is required to pay as well as the address where payment shall be sent.
29.936(3)
(3) If a person fails to pay the processing costs as requested under
sub. (2), the department may submit a certification under oath to the clerk of circuit court in the county where the processed fish or game was seized or confiscated. The certification shall state the amount of processing costs unpaid, the name and last-known address of the person who is liable for those costs and such other information as the court considers necessary. The court shall order that the amount certified by the department be a judgment on behalf of the state and against the person if the person fails to submit a written objection to the court within 30 days after the court receives the certification from the department unless the department notifies the court that the envelope including the certification mailed to the person under
sub. (4) was returned unopened to the department. If the person timely submits a written objection to the certification, the court shall consider the objection to be a complaint in a civil action and proceed under the rules of procedure under
chs. 799 or
801 to
847, without requiring the service of a summons or the payment of filing fees.
29.936(4)
(4) On the same day that the department submits the certification to the court, the department shall send a copy of the certification to the person at his or her last-known address by 1st class mail. Mailing of the certification shall be considered service of that certification when it is mailed unless the envelope containing the certification is returned unopened to the department. The department shall include with the certification a notice informing the person of all of the following:
29.936(4)(a)
(a) That, if the person fails to submit a written objection to the court within 30 days after the court receives the certification from the department, the court shall order that the amount certified by the department be a judgment on behalf of the state and against the person.
29.936(4)(b)
(b) The name and address of the circuit court where the certification was submitted and the date of that submittal.
29.936(4)(c)
(c) That, if the person timely objects to the certification, the objection will be considered a complaint for purposes of the commencement of a civil suit under
ch. 799 or
801.
29.936(4)(d)
(d) That the person is required to submit a copy of the objection to the department at the time that he or she submits the objection to the clerk of circuit court.
29.936(4)(e)
(e) The address of the department where the person is required to submit a copy of the objection.
29.936(5)
(5) The department shall mail the certification under
sub. (4) in an envelope that includes the department's return address. The department shall notify the court if the envelope is returned to the department unopened.
29.936 History
History: 1997 a. 321;
1999 a. 9,
32,
186.
29.941
29.941
Assistance of law enforcement officers. All sheriffs, deputy sheriffs and other law enforcement officers are deputy conservation wardens, and shall assist the department and its wardens in the enforcement of this chapter whenever notice of a violation is given to them by the department or its wardens.
29.941 History
History: 1979 c. 110;
1997 a. 248 s.
116; Stats. 1997 s. 29.941.
29.944
29.944
Exemption from liability. Members of the natural resources board, and each warden, in the performance of official duties, are exempt from liability to any person for acts done or permitted or property destroyed by authority of law. No taxable costs or attorney fees shall be allowed to either party in an action against a member of the natural resources board or a warden.
29.944 History
History: 1997 a. 248 s.
111.
29.947
29.947
Law enforcement aid program; spearfishing. 29.947(1)(1)
Definitions. As used in this section:
29.947(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.
29.947(1)(p)
(p) "Municipality" means any city, village or town.
29.947(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.
29.947(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:
29.947(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.
29.947(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:
29.947(2)(c)1.
1. The names and salaries of the officials who provided additional law enforcement services during the spearfishing season.
29.947(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.
29.947(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.
29.947(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.
29.947(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.
29.951
29.951
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).
29.951 History
History: 1975 c. 365,
421;
1979 c. 34;
1981 c. 20;
1993 a. 137;
1997 a. 248 s.
683; Stats. 1997 s. 29.951.
29.954
29.954
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).
29.954 History
History: 1975 c. 365;
1979 c. 34;
1981 c. 20;
1993 a. 137;
1997 a. 248 s.
684; Stats. 1997 s. 29.954.
29.957
29.957
Breaking seals of department. Any person who breaks, removes or interferes with any seal or tag attached to any animal, carcass or object by the department, or who interferes with any animal, carcass or object with a seal or tag attached, or who counterfeits a seal or tag, attached or unattached, shall be fined not more than $500 or imprisoned for not more than 90 days or both. This section applies to seals and tags required by the department under this chapter or
ch. 169.
29.957 History
History: 1975 c. 365;
1979 c. 34;
1981 c. 20;
1997 a. 248 s.
689; Stats. 1997 s. 29.957;
2001 a. 56.
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 wild animals. 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, farm-raised fish, farm-raised game birds, or wild animals that are subject to regulation under
ch. 169.
29.969 History
History: 1993 a. 137;
1995 a. 79;
1997 a. 27;
1997 a. 248 s.
690; Stats. 1997 s. 29.969;
2001 a. 56.
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) A person having fish in his or her possession in violation of this chapter is guilty of a Class I felony if the value of the fish under
par. (d) exceeds $1,000.
Effective date note
NOTE: Par. (c) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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.
