29.03(1)(c)
(c) The purpose of this compact is to do all of the following:
29.03(1)(c)1.
1. Provide a means through which participating states may join in a reciprocal program to effectuate the policies enumerated in
par. (b) in a uniform and orderly manner.
29.03(1)(c)2.
2. Provide for the fair and impartial treatment of violators in all participating states in recognition of the violator's right to due process and the sovereign status of a participating state.
29.03(2)
(2) Article II — Definitions. As used in this compact, unless the context requires otherwise:
29.03(2)(a)
(a) "Citation" means any summons, complaint, summons and complaint, ticket, penalty assessment or other official document that a wildlife officer or other peace officer issues to a person for a wildlife violation that contains an order requiring the person to respond.
29.03(2)(b)
(b) "Collateral" means any cash or other security deposited to secure an appearance for trial in connection with a citation issued by a wildlife officer or other peace officer for a wildlife violation.
29.03(2)(c)
(c) "Compliance" with respect to a citation means the act of answering a citation through an appearance in a court or tribunal or through the payment of fines, costs, and surcharges, if any.
29.03(2)(d)
(d) "Conviction" means a conviction, including any court conviction, for any offense related to the preservation, protection, management, or restoration of wildlife that is prohibited by state law, regulation, ordinance, resolution, or administrative rule. "Conviction" shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with having committed the offense, the payment of a penalty assessment or surcharge, a plea of no contest, and the imposition of a deferred or suspended sentence by a court.
29.03(2)(e)
(e) "Court" means a court of law, including municipal court.
29.03(2)(f)
(f) "Home state" means the state of primary residence of a violator.
29.03(2)(g)
(g) "Issuing state" means the participating state that issues a wildlife citation to the violator.
29.03(2)(h)
(h) "License" means any approval, license, permit, or other public document that conveys to a person the privilege of pursuing, possessing, or taking any wildlife regulated by law, regulation, ordinance, resolution, or administrative rule of a participating state.
29.03(2)(i)
(i) "Licensing authority" means the department or division within each participating state that is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife. In this state, the licensing authority is the department.
29.03(2)(j)
(j) "Participating state" means any state that enacts legislation to become a member of this wildlife compact.
29.03(2)(k)
(k) "Personal recognizance" means an agreement a person makes at the time of issuance of the wildlife citation that the person will comply with the terms of the citation.
29.03(2)(L)
(L) "State" means any state, territory, or possession of the United States, and includes the District of Columbia, the Commonwealth of Puerto Rico, the Provinces of Canada, and all other countries.
29.03(2)(m)
(m) "Suspension" means any revocation, denial, or withdrawal of any or all license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by any license.
29.03(2)(n)
(n) "Terms of the citation" means those conditions and options expressly stated upon the citation.
29.03(2)(o)
(o) "Violator" means a person who commits a wildlife violation.
29.03(2)(p)
(p) "Wildlife" means all species of wild animals that are protected or otherwise regulated by law, regulation, ordinance, resolution, or administrative rule in a participating state. Species included in the definition of "wildlife" vary from state to state and determination of whether a species is "wildlife" for the purposes of this compact shall be based on the law of the participating state.
29.03(2)(q)
(q) "Wildlife law" means any law, regulation, ordinance, resolution, or administrative rule developed and enacted for the management and use of wildlife resources.
29.03(2)(r)
(r) "Wildlife officer" means any individual authorized by a participating state to issue a citation for a wildlife violation.
29.03(2)(s)
(s) "Wildlife violation" means any cited violation of a law, regulation, ordinance, resolution, or administrative rule developed and enacted for the management and use of wildlife resources.
29.03(3)
(3) Article III — Procedures for issuing state. 29.03(3)(a)(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any violator whose primary residence is in a participating state in the same manner as though the violator were a resident of the issuing state and shall not require the violator to post collateral to secure appearance, subject to
par. (b), if the officer receives the recognizance of the violator that he or she will comply with the terms of the citation.
29.03(3)(b)
(b) Personal recognizance is acceptable if both of the following apply:
29.03(3)(b)1.
1. Personal recognizance is not prohibited by local law or the compact manual.
29.03(3)(b)2.
2. The violator provides adequate proof of identification to the wildlife officer.
29.03(3)(c)
(c) Upon conviction or failure of a violator to comply with the terms of a citation issued for a wildlife violation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state in which the citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home state.
29.03(3)(d)
(d) Upon receipt of the report of conviction or noncompliance under
par. (c), the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in form and content as prescribed in the compact manual.
29.03(4)
(4) Article IV — Procedure for home state. 29.03(4)(a)(a) Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the home state shall notify the violator and shall initiate a suspension action in accordance with the home state's suspension procedures and shall suspend the violator's license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards shall be accorded.
29.03(4)(b)
(b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter the conviction in its records and shall treat the conviction as though it occurred in the home state for the purposes of the suspension of license privileges.
29.03(4)(c)
(c) The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states as provided in the compact manual.
29.03(5)
(5) Article V — Reciprocal recognition of suspension. 29.03(5)(a)(a) Each participating state shall recognize the suspension of license privileges of any violator by any participating state as though the violation resulting in the suspension had occurred in its own state and could have been the basis for suspension of license privileges in its own state.
29.03(5)(b)
(b) Each participating state shall communicate suspension information to other participating states in form and content as contained in the compact manual.
29.03(6)
(6) Article VI — Applicability of other laws. Except as expressly required by provisions of this compact, nothing in this compact shall be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife resource law enforcement.
29.03(7)
(7) Article VII — Compact administrator procedures. 29.03(7)(a)(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each of the participating states. The head of the licensing authority of each participating state shall appoint the compact administrator. The compact administrator shall serve and be subject to removal in accordance with the laws of the state that he or she represents. A compact administrator may provide an alternate for the discharge of his or her duties and functions as a board member. An alternate may not serve unless written notification of his or her identity has been given to the board.
29.03(7)(b)
(b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of the board's votes are cast in favor of the action. Board action shall occur only at a meeting at which a majority of the participating states are represented.
29.03(7)(c)
(c) The board shall elect annually from its membership a chairperson and vice chairperson.
29.03(7)(d)
(d) The board shall adopt bylaws consistent with the provisions of this compact or the laws of a participating state for the conduct of its business and shall have the power to amend and rescind its bylaws.
29.03(7)(e)
(e) The board may accept for any of its purposes and functions under this compact any and all donations and grants of moneys, equipment, supplies, materials, and services from any state, the United States, or any governmental agency, and may receive, utilize, and dispose of those donations and grants.
29.03(7)(f)
(f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, or any private nonprofit organization or institution.
29.03(7)(g)
(g) The board shall formulate necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted by board action shall be contained in a compact manual.
29.03(8)
(8) Article VIII — Entry into compact and withdrawal. 29.03(8)(a)(a) This compact shall become effective when it is adopted in a substantially similar form by 2 or more states.
29.03(8)(b)
(b) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairperson of the board. The resolution shall be substantially in the form and content as provided in the compact manual and shall include all of the following:
29.03(8)(b)1.
1. A citation of the authority from which the state is empowered to become a party to this compact.
29.03(8)(b)2.
2. An agreement of compliance with the terms and provisions of this compact.
29.03(8)(b)3.
3. An agreement that compact entry is with all states participating in the compact and with all additional states legally becoming a party to the compact.
29.03(8)(c)
(c) The effective date of entry shall be specified by the applying state but shall not be less than 60 days after notice has been given by one of the following:
29.03(8)(c)1.
1. The chairperson of the board of the compact administrators.
29.03(8)(c)2.
2. The secretary of the board to each participating state that the resolution from the applying state has been received.
29.03(8)(d)
(d) A participating state may withdraw from participation in this compact by official written notice to each participating state, but withdrawal shall not become effective until 90 days after the notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal of any state shall affect the validity of this compact as to the remaining participating states.
29.03(9)
(9) Article IX — Amendments to the compact. 29.03(9)(a)(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of compact administrators and shall be initiated by one or more participating states.
29.03(9)(b)
(b) Adoption of an amendment shall require endorsement by all participating states and shall become effective 30 days after the date of the last endorsement.
29.03(9)(c)
(c) A participating state shall respond to the compact chairperson within 120 days after receipt of a proposed amendment. Amendments proposed to change local law by the compact administrators shall be reviewed and approved by the legislature.
29.03 History
History: 2005 a. 282.
29.035
29.035
Report of department. On or before March 15 of each even-numbered year, the department shall submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3), to the governor and to the Wisconsin conservation congress a report identifying the accomplishments of the department under this chapter that relate to fish and wildlife in the previous biennium and identifying the department's use and expenditure of all fishing, hunting and trapping approval fees collected under this chapter in the previous biennium.
29.035 History
History: 1997 a. 248 ss.
94,
404.
29.037
29.037
Fish and wildlife restoration. This state assents to the provisions of
16 USC 669 to
669i and
777 to
777L. The department is authorized and directed to perform any acts necessary to establish cooperative wildlife restoration projects and cooperative fish restoration and management projects in compliance with these federal provisions and with regulations promulgated by the secretary of the interior. No funds accruing to this state from license fees paid by hunters and from sport and recreation fishing license fees may be diverted for any other purpose than the administration of the department when it is exercising its responsibilities that are specific to the management of the fish and wildlife resources of this state.
29.037 History
History: 1997 a. 248 s.
402;
2001 a. 16.
29.038
29.038
Local regulation of wild animals. 29.038(1)(b)
(b) "Political subdivision" means a city, village, town or county.
29.038(2)
(2) No local governmental unit may enact any ordinance or adopt any regulation, resolution or other restriction for the purpose of regulating the hunting, fishing, trapping or management of wild animals, except as follows:
29.038(2)(a)
(a) A local governmental unit may enact an ordinance or adopt any regulation, resolution or other restriction that is authorized under this chapter.
29.038(2)(b)
(b) A local governmental unit may enact an ordinance or adopt any regulation, resolution or other restriction that restricts or prohibits access for hunting, fishing or trapping in any portion of land that it owns or leases.
29.038(3)
(3) A local governmental unit may enact an ordinance or adopt a regulation, resolution or other restriction that has an incidental effect on hunting, fishing or trapping, but only if the primary purpose is to further public health or safety.
29.038(4)
(4) If the department determines that an ordinance, regulation, resolution or other restriction enacted or adopted by a local governmental unit exceeds the authority granted to local governmental units in this section, the department may issue a notice to the local governmental unit of the department's intent to issue an order under this subsection. The department shall hold an informal hearing on the matter if a hearing is requested by the local governmental unit within 30 days after it receives the notice. The informal hearing is not a contested case under
ch. 227. Following the hearing or following the failure of the local governmental unit to request a hearing within 30 days after it receives the notice, the department may issue an order declaring the ordinance, regulation, resolution or other restriction void.
29.038 History
History: 1997 a. 170;
1999 a. 32 s.
42; Stats. 1997 s. 29.038;
2001 a. 16;
2003 a. 33.
29.038 Cross-reference
Cross-reference: See also s.
NR 19.40, Wis. adm. code.
29.039
29.039
Nongame species. 29.039(1)(1) The department may conduct investigations of nongame species to develop scientific information relating to population, distribution, habitat needs, and other biological data to determine necessary conservation measures. The department may develop conservation programs to ensure the perpetuation of nongame species. The department may require harvest information and may establish limitations relating to taking, possession, transportation, processing and sale or offer for sale, of nongame species.
29.039(2)
(2) Any rules promulgated or programs developed under this section may not impede, hinder or prohibit the utilization of lands for the construction, operation or maintenance of utility facilities otherwise authorized or permitted.
29.039 History
History: 1977 c. 370;
1979 c. 154;
1985 a. 332 s.
251 (1);
1997 a. 248 s.
405; Stats. 1997 s. 29.039.
29.039 Annotation
"Taking," as used in this section, includes those activities delineated under the definition of "hunting" in s. 29.001 (42), such as killing, shooting, shooting at, trapping, and pursuing. Wisconsin Citizens Concerned for Cranes and Doves v. DNR, 2004 WI 40,
270 Wis. 2d 318,
677 N.W.2d 612,
02-1166.
29.041
29.041
Department to regulate hunting and fishing in interstate waters. The department may regulate hunting and fishing on and in all interstate boundary waters, and outlying waters.
29.041 History
History: 1983 a. 27 s.
2202 (38);
1997 a. 248 s.
118; Stats. 1997 s. 29.041.
29.041 Cross-reference
Cross-reference: See also chs.
NR 20,
24, and
25 and s.
NR 26.32, Wis. adm. code.
29.042
29.042
Agreements to retire licenses. 29.042(1)
(1) Beginning on January 1, 1998, the department may not enter into any agreement to make payments to persons holding approvals issued under
s. 29.501,
29.503,
29.506,
29.509,
29.512,
29.514,
29.519,
29.523,
29.526,
29.529,
29.531,
29.533,
29.537,
29.607,
29.611, or
29.614 in exchange for the retirement of the approval or for the temporary or permanent cessation of any activity authorized under the approval.
29.042(2)
(2) Notwithstanding
sub. (1), an agreement entered into by the department before October 14, 1997, to make payments to persons holding commercial fishing licenses in exchange for the retirement of the licenses or for the permanent or temporary cessation of commercial fishing shall remain valid except that no moneys may be expended from the conservation fund to make payments under the agreement.
29.042 History
History: 1997 a. 27;
1997 a. 248 ss.
119,
120; Stats. 1997 s. 29.042;
2001 a. 56.
