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.
29.983(1)(d)
(d) If a fine or forfeiture is suspended in whole or in part, the wild animal protection surcharge 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 surcharge under this section. If the deposit is forfeited, the amount of the wild animal protection surcharge shall be transmitted to the secretary of administration under
par. (f). If the deposit is returned, the wild animal protection surcharge 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 surcharge and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in
s. 59.25 (3) (f) 2.
29.983(2)
(2) Deposit of wild animal protection surcharge funds. The secretary of administration 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;
2003 a. 33,
139,
326.
29.985
29.985
Fishing shelter removal surcharge. 29.985(1)
(1)
Levy of fishing shelter removal surcharge. 29.985(1)(a)(a) If a court imposes a forfeiture under
s. 29.404 (3), the court shall impose a fishing shelter removal surcharge under
ch. 814 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 surcharge 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 surcharge under this section. If the deposit is forfeited, the amount of the fishing shelter removal surcharge shall be transmitted to the secretary of administration under
par. (d). If the deposit is returned, the fishing shelter removal surcharge 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 surcharge and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in
s. 59.25 (3) (f) 2.
29.985(2)
(2) Use of fishing shelter removal surcharges funds. All moneys collected from fishing shelter removal surcharges 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;
2003 a. 33,
139,
326.
29.987
29.987
Natural resources surcharge. 29.987(1)
(1)
Levy of natural resources surcharge. 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 surcharge under
ch. 814 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 surcharge 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 surcharge under this section. If the deposit is forfeited, the amount of the natural resources surcharge shall be transmitted to the secretary of administration under
par. (d). If the deposit is returned, the natural resources surcharge 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 surcharge and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in
s. 59.25 (3) (f) 2. The secretary of administration shall deposit the amount of the natural resources surcharge in the conservation fund.
29.987(2)
(2) Use of natural resources surcharge funds. All moneys collected from natural resources surcharges 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;
2003 a. 33,
139,
326.
29.989
29.989
Natural resources restitution surcharge. 29.989(1)(1)
Levy of natural resources restitution surcharge. 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 surcharge is required, the court shall impose a natural resources restitution surcharge under
ch. 814 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 surcharge 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 surcharge under this section. If the deposit is forfeited, the amount of the natural resources restitution surcharge shall be transmitted to the secretary of administration under
par. (d). If the deposit is returned, the natural resources restitution surcharge 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 surcharge and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in
s. 59.25 (3) (f) 2. The secretary of administration shall deposit the amount of the natural resources restitution surcharge in the conservation fund.
29.989(2)
(2) Use of natural resources restitution surcharge funds. All moneys collected from natural resources restitution surcharges shall be appropriated for use under
s. 20.370 (3) (mu).
