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. Department 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. 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, other than for a violation specified under
s. 29.9905 (1) (a), the court shall impose a natural resources surcharge under
ch. 814 equal to 75 percent 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).
29.989
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).
29.99
29.99
Wildlife violator compact surcharge. 29.99(1)
(1) 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 wildlife violator compact surcharge under
ch. 814 equal to $5 for the violation.
29.99(2)
(2) If a fine or forfeiture is suspended in whole or in part, the wildlife violator compact surcharge shall be reduced in proportion to the suspension unless the court directs otherwise.
29.99(3)
(3) 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 wildlife violator compact surcharge under this section. If the deposit is forfeited, the amount of the wildlife violator compact surcharge shall be transmitted to the secretary of administration under
sub. (4). If the deposit is returned, the wildlife violator compact surcharge shall also be returned.
29.99(4)
(4) The clerk of the court shall collect and transmit to the county treasurer the wildlife violator compact 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 wildlife violator compact surcharge in the conservation fund.
29.99 History
History: 2005 a. 282;
2007 a. 97.
29.9905
29.9905
Great Lakes resource surcharge. 29.9905(1)
(1)
Levy of Great Lakes resource surcharge. 29.9905(1)(a)(a) If a court imposes a fine or forfeiture for a violation of
s. 29.503 involving Great Lakes fish or for a violation of
s. 29.514 or
29.519, the court shall impose a Great Lakes resource surcharge equal to 75 percent of the amount of the fine or forfeiture.
29.9905(1)(b)
(b) If a fine or forfeiture is suspended in whole or in part, the Great Lakes resource surcharge shall be reduced in proportion to the suspension.
29.9905(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 Great Lakes resource surcharge prescribed in this section. If the deposit is forfeited, the amount of the Great Lakes resource surcharge shall be transmitted to the state treasurer under
par. (d). If the deposit is returned, the Great Lakes resource surcharge shall also be returned.
29.9905(1)(d)
(d) The clerk of the court shall collect and transmit to the county treasurer the Great Lakes resource 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 Great Lakes resource surcharge in the conservation fund.
29.9905(2)
(2) Use of Great Lakes resource surcharge funds. All moneys collected from Great Lakes resource surcharges shall be credited to the appropriation under
s. 20.370 (4) (kr).
29.9905 History
History: 2005 a. 288;
2007 a. 97 s.
52.
29.991
29.991
Fishing net removal surcharge. 29.991(1)
(1)
Levy of fishing net removal surcharge. 29.991(1)(a)(a) If a court imposes a forfeiture under
s. 29.931 (2) (am) for failure to reimburse the department for costs associated with the seizure of a net or similar fishing device under
s. 29.931 (2) (a), the court shall impose a fishing net removal surcharge in an amount equal to the sum of those costs plus an amount equal to 75 percent of the amount of the forfeiture.
29.991(1)(b)
(b) If the forfeiture is suspended in whole or in part, the fishing net removal surcharge shall be reduced in proportion to the suspension.
29.991(1)(c)
(c) The clerk of the court shall collect and transmit to the county treasurer the fishing net removal 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.
29.991(2)
(2) Deposit of fishing net removal surcharge funds. All moneys collected from fishing net removal surcharges shall be deposited in the conservation fund.
