Chapter 29

29.938 History History: 2005 a. 394.

29.941 29.941 Assistance of law enforcement officers. All sheriffs, deputy sheriffs and other law enforcement officers are deputy conservation wardens, and shall assist the department and its wardens in the enforcement of this chapter whenever notice of a violation is given to them by the department or its wardens.

29.941 History History: 1979 c. 110; 1997 a. 248 s. 116; Stats. 1997 s. 29.941.

29.944 29.944 Exemption from liability. Members of the natural resources board, and each warden, in the performance of official duties, are exempt from liability to any person for acts done or permitted or property destroyed by authority of law. No taxable costs or attorney fees shall be allowed to either party in an action against a member of the natural resources board or a warden.

29.944 History History: 1997 a. 248 s. 111.

29.944 Annotation A game warden who kills a dog that the warden believes is wounding or worrying a domestic animal is not exempt from liability under all circumstances. Munyon v. Moe, 46 Wis. 2d 629, 176 N.W.2d 324 (1970).

29.947 29.947 Law enforcement aid program; spearfishing.

29.947(1) (1) Definitions. As used in this section:

29.947(1)(a) (a) “Additional law enforcement services” means an extraordinary type or level of service which is not normally provided or budgeted for by a law enforcement agency.

29.947(1)(p) (p) “Municipality” means any city, village or town.

29.947(1)(t) (t) “Spearfishing” means a method of taking fish which is authorized by an agreement negotiated between the state and the members of federally recognized American Indian tribes or bands domiciled in Wisconsin relating to the tribes’ or bands’ treaty-based, off-reservation rights to hunt, fish and gather.

29.947(2) (2) Participating county or municipality. In order to be eligible to receive reimbursement from the department for costs incurred on or after August 1, 1987, by law enforcement agencies in response to members of federally recognized American Indian tribes exercising or attempting to exercise their right to engage in spearfishing, a county or municipality must do all of the following:

29.947(2)(b) (b) Daily records. Maintain daily records of any costs for additional law enforcement services incurred by law enforcement agencies that are directly related to spearfishing and make the daily records available, upon request, to the department for inspection at periodic times during normal business hours.

29.947(2)(c) (c) Filing of application. File an application for aid with the department by July 1 of the calendar year in which additional law enforcement services are provided, specifying all of the following:

29.947(2)(c)1. 1. The names and salaries of the officials who provided additional law enforcement services during the spearfishing season.

29.947(2)(c)2. 2. The number of hours worked by the persons under subd. 1.

29.947(2)(c)3. 3. Any other costs, as specified by the department, incurred by the county or municipality that are directly attributable to providing additional law enforcement services during the spearfishing season.

29.947(2)(c)4. 4. Any other information requested by the department.

29.947(2)(cm) (cm) Amended claims. A county or municipality that has filed an application for aid under par. (c) by July 1 of a calendar year in which additional law enforcement services are provided may amend that application before August 1 of that calendar year.

29.947(4) (4) Aid payments.

29.947(4)(a) (a) Costs reimbursed. Except as provided under par. (c), the department may pay each participating county or municipality up to 100 percent of the county’s or municipality’s actual costs that are directly attributable to providing additional law enforcement services during the spearfishing season. The department shall make any aid payments from the appropriations under s. 20.370 (5) (ea) by September 30 of the calendar year in which the county or municipality files an application under sub. (2) (c). The department may not make an aid payment unless the payment is approved by the secretary of administration.

29.947(4)(c) (c) Prorated payments allowed. If the total amount of reimbursable costs under par. (a) exceeds the amount available for payments under s. 20.370 (5) (ea), the department may prorate payments to participating counties and municipalities.

29.947 History History: 1987 a. 27, 399, 418; 1989 a. 31, 56, 336; 1991 a. 39; 1993 a. 16; 1995 a. 27; 1997 a. 248 s. 669; Stats. 1997 s. 29.947.

29.951 29.951 Resisting a warden. Any person who assaults or otherwise resists or obstructs any warden in the performance of duty shall be subject to the penalty specified in s. 939.51 (3) (a).

29.951 History History: 1975 c. 365, 421; 1979 c. 34; 1981 c. 20; 1993 a. 137; 1997 a. 248 s. 683; Stats. 1997 s. 29.951.

29.951 Annotation This section defines one crime with multiple modes of commission and comports with the applicable fundamental fairness standard embodied in the due process clause. Jury unanimity as to the manner in which a defendant violates it is not required. Failure to specify the manner of violation did not deny the defendant his due process right to a unanimous jury verdict. State v. Dearborn, 2008 WI App 131, 313 Wis. 2d 767, 758 N.W.2d 463, 07-1894.

29.951 Annotation Affirmed on other grounds. 2010 WI 84, 327 Wis. 2d 252, 786 N.W.2d 97, 07-1894.

29.954 29.954 False impersonation of warden. Any person who falsely represents himself or herself to be a warden or who assumes to act as a warden without having been first duly appointed shall be subject to the penalty specified in s. 939.51 (3) (a).

29.954 History History: 1975 c. 365; 1979 c. 34; 1981 c. 20; 1993 a. 137; 1997 a. 248 s. 684; Stats. 1997 s. 29.954.

29.957 29.957 Breaking seals of department. No person may break, remove, or interfere with any seal or tag issued by the department. No person may interfere with any animal, carcass, or object with a seal or tag attached or for which a tag has been validated. Any person who violates this section shall forfeit not less than $250 and not more than $2,000. This section applies to seals and tags required by the department under this chapter or ch. 169.

29.957 History History: 1975 c. 365; 1979 c. 34; 1981 c. 20; 1997 a. 248 s. 689; Stats. 1997 s. 29.957; 2001 a. 56; 2015 a. 89.

29.961 29.961 Incorrect information.

29.961(1) (1) 

29.961(1)(b) (b) No person may provide incorrect information in order to obtain an approval issued under this chapter to which the person is not entitled.

29.961(1)(c) (c) Any person who violates par. (b) shall forfeit not more than $200 and shall pay a natural resources restitution surcharge equal to the amount of the statutory fee for the approval that was required and should have been obtained.

29.961(2) (2) 

29.961(2)(a) (a) No person may do any of the following:

29.961(2)(a)1. 1. Fail to keep records as required under this chapter.

29.961(2)(a)2. 2. Fail to keep accurate records under this chapter.

29.961(2)(a)3. 3. Provide incorrect information to the department under this chapter.

29.961(2)(b) (b) Any person who violates par. (a) shall forfeit not less than $100 and not more than $1,000.

29.961 History History: 1975 c. 365; 1979 c. 34, 175; 1981 c. 20; 1983 a. 27; 1987 a. 399; 1997 a. 248 ss. 685, 713; Stats. 1997 s. 29.961; 2003 a. 139; 2015 a. 89.

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 Falsification or illegal possession of approvals.

29.964(1m) (1m) Alteration of approvals.

29.964(1m)(a) (a) No person may alter an approval or proof of an approval in any manner or falsely represent that the person holds an approval.

29.964(1m)(b) (b) Any person who violates par. (a) shall forfeit not less than $100 and not more than $1,000 and shall pay a natural resources restitution surcharge equal to the statutory fee for the approval that was required and should have been obtained.

29.964(2m) (2m) Forgery.

29.964(2m)(a) (a) No person may forge another person’s signature to obtain an approval or on an approval.

29.964(2m)(b) (b) Any person who violates par. (a) shall forfeit not less than $100 and not more than $1,000.

29.964(3m) (3m) Counterfeit and illegally obtained approvals.

29.964(3m)(a) (a) For purposes of this subsection, “counterfeit” means produced without the consent or authorization of the department.

29.964(3m)(b) (b) No person may possess, buy, exhibit, use, transfer, sell, or offer for transfer or sale an approval or proof of an approval if any of the following apply:

29.964(3m)(b)1. 1. The person knows that the approval or proof is counterfeit.

29.964(3m)(b)2. 2. The person has illegally or erroneously obtained the approval or proof.

29.964(3m)(b)3. 3. The approval has been suspended or revoked.

29.964(3m)(c) (c) Any person who violates par. (b) shall forfeit not less than $250 and not more than $2,000 and shall pay 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.

29.964 History History: 1975 c. 365; 1979 c. 34; 1981 c. 20; 1983 a. 27; 1997 a. 248 s. 688; Stats. 1997 s. 29.964; 2003 a. 139; 2015 a. 89.

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 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; 2015 a. 89.

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) (1) 

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) (d)

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) (1m) 

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: