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 surcharge 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.
29.962
29.962
Worthless checks for approvals. If a person tenders a check or other order for payment to an issuing agent appointed under
s. 29.024 (6) (a) 3. to make payment for an approval issued under this chapter to an issuing agent, and the check is drawn on an account that does not exist or on an account with insufficient funds, or is otherwise worthless, the issuing agent may give notification to the department of the fact after having made an effort to receive payment from the person who tendered the check or other payment. If the issuing agent gives such notification, the department shall revoke the approval and send notification to the holder of the approval that it has been revoked for failure to make payment for the approval. The holder of the approval shall return the approval to the department within 7 days after receiving the notification.
29.962 History
History: 2003 a. 138.
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 surcharge equal to the statutory fee for the approval which was required and should have been obtained.
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. (ag),
(ar),
(b), and
(c) and
sub. (5m).
29.971(1)(ag)
(ag) For conducting a fishing tournament without a permit as required by the department, by a forfeiture of not less than $1,000 nor more than $2,000.
29.971(1)(ar)
(ar) For participating in a fishing tournament and failing to comply with a term or condition imposed by a permit issued for that fishing tournament under
s. 29.403, by a forfeiture of not more than $500.
29.971(1)(b)
(b) For taking, transporting, acquiring, selling, purchasing, or possessing, or attempting to take, acquire, transport, sell, purchase, or possess, any fish, or failing to comply with any record-keeping requirement for fish, in violation of this chapter that has a value under
par. (d) exceeding $300 but not exceeding $1,000, by a fine of not less than $1,000 nor more than $5,000 or imprisonment for not more than 30 days or both.
29.971(1)(c)
(c) A person taking, transporting, acquiring, selling, purchasing, or possessing, or attempting to take, acquire, transport, sell, purchase, or possess, any fish, or failing to comply with any record-keeping requirement for fish, in violation of this chapter is guilty of a Class I felony if the value of the fish under
par. (d) exceeds $1,000.
29.971(1)(d)1.1. In this paragraph, "average wholesale value" means the average purchase price paid by wholesale fish dealers on the date of a violation of this chapter as determined by the department after obtaining price information from 3 wholesale fish dealers in this state.
29.971(1)(d)2.
2. 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).
29.971(1)(d)3.
3. Other species of commercial fish shall be valued on a per-pound basis according to the average wholesale value of the fish. The department shall determine the average wholesale value of the fish by averaging the price received by 3 different wholesale fish dealers in this state for that species of fish on or about the date of the violation.
29.971(1)(d)4.
4. For purposes of making charging and penalty determinations under
pars. (b) and
(c), the value of fish from multiple violations committed by the same person in any 12-month period may be aggregated.
29.971(1)(e)
(e) In addition to any other penalty under this section, during the period of time that a person's commercial fishing license is revoked under
sub. (12), 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 the sale or transportation of fish. Any person holding a license under
s. 29.519 (1m) who has that license revoked under
sub. (12) may apply for that license for that part of the license year following the period of revocation 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 surcharge equal to the amount of the statutory fee for the approval that was required and that should have been obtained.
29.971(1m)(a)(a) For the violation of
s. 29.537, by a forfeiture of not more than $1,000, except as provided under
pars. (b) and
(c).
29.971(1m)(b)
(b) For possessing clams in violation of
s. 29.537, if the value of the clams 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(1m)(c)
(c) A person possessing clams in violation of
s. 29.537 is guilty of a Class I felony if the value of the clams under
par. (d) exceeds $1,000.
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, except
s. 29.539 (3m), 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 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;
2005 a. 288;
2009 a. 276.
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).
29.972
29.972
Revocation; failure to comply. 29.972(1)
(1) The department shall deny an application to issue or renew, or suspend if already issued, all hunting, fishing, or trapping approvals issued to a person under this chapter if the person who violates this chapter does any of the following:
29.972(1)(b)
(b) Fails to appear on the court date set under
s. 23.72 or
23.75 unless the person makes a deposit under
s. 23.66 or makes a deposit and stipulation under
s. 23.67.
29.972(1)(c)
(c) Fails to appear before the court and is subject to a bench warrant under
s. 968.09.
29.972(2)(a)(a) The requirement to deny or suspend an approval under
sub. (1) does not apply if the court revokes any or all of the person's hunting, fishing, or trapping approvals under
s. 23.79 (4) or
23.795 (2).
29.972(2)(b)
(b) The requirement to deny or suspend an approval under
sub. (1) remains in effect until either of the following occurs:
29.972(2)(b)1.
1. The person resolves the matter under
sub. (1) that resulted in the denial or suspension.
29.972(2)(b)2.
2. The court revokes or suspends any or all of the person's hunting, fishing, or trapping approvals under
s. 29.971.
29.972(3)
(3) The department shall establish procedures for the denial or suspension of approvals under
subs. (1) and
(2), including all of the following:
29.972(3)(a)
(a) The exchange of information among the department, the district attorneys, and the clerks of court.
29.972(3)(b)
(b) Notice to the person who is subject to the denial or suspension.
29.972(3)(c)
(c) The opportunity for an administrative appeal to the department which shall be limited to the issue of whether the action listed in
sub. (1) (a) to
(c) is sufficient to require the department to deny an application to issue or renew, or to suspend the approvals.
29.972 History
History: 2005 a. 282.
29.973
29.973
Commercial fish reporting system. The department shall establish and maintain a commercial fish reporting system under which the department shall establish specific reporting or record-keeping requirements that apply to all of the following:
29.973(1)
(1) Any person who has committed a certain number of violations of
subch. VI, as determined by the department.
