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 surcharge 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, 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 (1), 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, except as provided in
s. 29.307 (2), 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(11g)(a)(a) For hunting elk without a valid elk hunting license, for possessing an elk that does not have an elk carcass tag attached, for possessing an elk during the closed season, by a fine of not less than $1,000 nor more than $15,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $20,000 or imprisonment for not more than one year or both for any subsequent violation. In addition, the court shall revoke all hunting and trapping approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting and trapping approvals under this chapter to the person for 5 years.
29.971(11g)(b)
(b) Except as provided under
par. (a), for the violation of any provision of this chapter or rules promulgated under this chapter relating to elk hunting or to the violation of an elk carcass tag or registration of an elk, by a forfeiture of not more than $5,000.
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 $10,000 or imprisonment for not more than 9 months 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 9 months 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, farm-raised game birds, wild animals subject to regulation under
ch. 169, or domestic 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, farm-raised game birds, wild animals subject to
ch. 169, or domestic 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;
2001 a. 56,
108,
109;
2003 a. 139,
249.
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)(a)(a) In this subsection, "wild animal" does not include a farm-raised deer, a farm-raised fish, a farm-raised game bird, or a wild animal subject to regulation under
ch. 169.
29.974(2)(b)
(b) 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;
2001 a. 56.
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, 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, gray partridge, quail, rail, Wilson's snipe, woodcock or shore bird, or protected song bird or harmless bird, $17.50.
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. (am) 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).
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 surcharges. 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 surcharge under
ch. 814 that equals the amount specified for the wild animal under
par. (b).
29.983(1)(b)
(b) The amount of the wild animal protection surcharge imposed under
ch. 814 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.
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.
