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.
29.973(2)
(2) Any person who holds a license issued under
s. 29.519 (1m), and who is convicted of harvesting more than 1,000 pounds of fish above their annual quota, failing to report over 2,000 pounds of catch during a 12-month period, fishing during the closed season, or possessing 200 or more pounds of fish in violation of this chapter.
29.973 History
History: 2005 a. 288;
2007 a. 97 s.
50.
29.973 Cross-reference
Cross-reference: See also ch.
NR 25, Wis. adm. code.
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)(d)
(d) Any bobcat, fox, wolf, beaver, or otter, $87.50.
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)4.
4. For any bobcat, fox, wolf, beaver, or otter, $87.50.
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.
29.984
29.984
Commercial fish protection surcharge. 29.984(1)(1)
Levy of commercial fish protection surcharge. 29.984(1)(a)(a) If a court imposes a fine or forfeiture under
s. 29.971 for the unlawful killing, catching, taking, transporting, sale, or possession of Great Lakes fish in violation of
s. 29.503, or of fish in violation of
s. 29.514 or
29.519, or for failing to comply with any record-keeping requirement for fish in violation of
s. 29.503,
29.514, or
29.519, the court may impose a commercial fish protection surcharge that equals the amount specified for the fish under
par. (b) or
(bg).
29.984(1)(b)
(b) Except as provided in
par. (bg), the amount of the commercial fish protection surcharge shall be as follows:
29.984(1)(b)1.
1. For any commercial fish, as determined by the department, an amount equal to the average wholesale value of the fish on the date of the violation. The department shall determine the average wholesale value of the fish by determining the wholesale value of such fish purchased by 3 different wholesale fish dealers in this state on or about the date of the violation.
29.984(1)(bg)
(bg) For a fine imposed under
s. 29.971 (1) (b) or
(c), the amount of the commercial fish protection surcharge shall be an amount equal to 3 times 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.
29.984(1)(c)
(c) If a fine or forfeiture is suspended in whole or in part, the commercial fish protection surcharge shall be reduced in proportion to the suspension unless the court directs otherwise.
29.984(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 commercial fish protection surcharge required under this section. If the deposit is forfeited, the amount of the commercial fish protection surcharge shall be transmitted to the state treasurer under
par. (f). If the deposit is returned, the commercial fish protection surcharge shall also be returned.
29.984(1)(f)
(f) The clerk of court shall collect and transmit to the county treasurer the commercial fish protection surcharge 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 commercial fish protection surcharge in the conservation fund.
29.984(2)
(2) Use of commercial fish protection surcharge funds. All moneys collected from commercial fish protection surcharges shall be credited to the appropriation under
s. 20.370 (4) (kr).
29.984 History
History: 2005 a. 288.
29.985
29.985
Fishing shelter removal surcharge. 29.985(1)
(1)
Levy of fishing shelter removal surcharge.
