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).
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, the proceeding is not barred by a civil action to recover the statutory value of the fish killed by the 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, 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, gray partridge, quail, rail, Wilson's snipe, woodcock or shore bird, or protected song bird or harmless bird, $17.50.
Effective date note
NOTE: Subd. 9. is shown as amended eff. 3-10-03 by
2001 Wis. Act 109. Prior to 3-10-03 it reads:
Effective date text
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. 1m. 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;
2001 a. 56,
109.
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.
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.
29.989(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 restitution payment prescribed in this section. If the deposit is forfeited, the amount of the natural resources restitution payment shall be transmitted to the state treasurer under
par. (d). If the deposit is returned, the natural resources restitution payment shall also be returned.
29.989(1)(d)
(d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment 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 restitution payment in the conservation fund.
29.989(2)
(2) Use of natural resources restitution payment funds. All moneys collected from natural resources restitution payments shall be appropriated for use under
s. 20.370 (3) (mu).
