reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.295 - Ice age trail area grants.

23.295
Ice age trail area grants.
(1)
In this section:
(a)
“Ice age trail area" means the trail designated under s. 23.17 (2).
(b)
“Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district or a combination or subunit of any of the foregoing.
(2)
The department shall provide one grant of $75,000 in each fiscal year, beginning with fiscal year 1999-2000, to a nonstock, nonprofit corporation that meets all of the following requirements:
(a)
The corporation is organized in this state.
(b)
The corporation is described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code.
(c)
The corporation has a board of directors or an advisory council or both whose members represent different geographic areas of the ice age trail area, and at least one-third of whom are current or former ice age trail volunteers.
(d)
The board of directors or an advisory council of the corporation or both collectively have an interest or expertise in all of the following:
1.
Recruiting and training volunteers.
2.
Land conservation.
3.
Trails and outdoor recreation.
4.
Tourism.
5.
This state's glacial geology.
6.
This state's cultural history.
(e)
The corporation contributes $25,000 in funds annually to be used with the grant under this section.
(3)
A corporation receiving a grant under sub. (2) may use the grant for activities related to the development, maintenance, protection and promotion of the ice age trail area and shall do all of the following with the grant:
(a)
Support the work of volunteers who develop, maintain and promote the ice age trail area.
(b)
Build partnerships for the ice age trail area with local governmental units and nonprofit organizations.
(c)
Promote the protection of a corridor for the ice age trail area by providing information about acquiring land, or an interest in land, in that corridor.
(d)
Strengthen community support for the ice age trail area by recruiting and training volunteers and by coordinating the activities of interest groups.
(e)
Promote tourism in the ice age trail area.
(f)
For each fiscal year, prepare a report detailing the activities for which a grant under sub. (2) is expended. Copies of the report shall be submitted to the department and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly or the president of the senate.
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.305 - Leasing of department land for recreational purposes.

23.305
Leasing of department land for recreational purposes.
(1)
In this section, “spectator sports" means events or contests in which the general public spectates but does not participate, including without limitation because of enumeration:
(a)
Water ski shows.
(b)
Baseball games.
(c)
Volleyball games.
(d)
Snowmobile derbies.
(e)
Motorboat races.
(f)
Snowshoe races.
(g)
Cross-country ski races.
(h)
Dogsled races.
(i)
Canoe or kayak races.
(2)
Notwithstanding ss. 23.30 and 28.04, the department may lease state park land or state forest land to towns, villages or counties for outdoor recreational purposes associated with spectator sports.
(3)
The lease shall be for a term not to exceed 15 years. The lease shall contain covenants to protect the department from all liability and costs associated with use of the land and to guard against trespass and waste. The rents arising from the lease shall be paid into the state treasury and credited to the proper fund.
History:  1985 a. 29.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.31 - Recreation resources facilities.

23.31
Recreation resources facilities.
(1)
(a)
To provide and develop recreation resources facilities within this state, the natural resources board, subject to the limits provided in s. 20.866 (2) (tp), (ts) and (tt), may direct that state debt be contracted for providing recreation resources facilities or making additions to existing recreation resources facilities.
(b)
With their biennial budget request to the department of administration, the natural resources board shall include its request and plan for recreational acquisition and development funding under s. 23.30. This plan shall be approved by the governor and shall contain the policies regarding the priority types of land to be acquired and the nature and categories of the developments to be undertaken. Changes in priority types of land to be acquired and in categories of developments may not be made without approval of the governor. Any deviation which the governor approves shall be reviewed by the joint committee on finance.
(2)
(a)
The debt shall be contracted for in the manner and form the legislature prescribes.
(b)
It is the intent of the legislature that state debt not to exceed $56,055,000 in the 12-year period from 1969 to 1981 may be incurred for the comprehensive provision of outdoor recreation facilities as provided under s. 23.30 but any unappropriated or uncommitted portion of this debt shall be continued beyond 1981.
(c)
It is the intent of the legislature that state debt not to exceed $60,000,000 in the 10-year period from July 1, 1981 to July 1, 1991, may be incurred to support outdoor recreation land acquisition activities.
History:  1971 c. 125; 1971 c. 211 s. 126; 1973 c. 90; 1977 c. 418; 1979 c. 34, 221; 1981 c. 20; 1985 a. 29.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.32 - Wetlands mapping.

23.32
Wetlands mapping.
(1)
In this section “wetland" means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
(2)
(a)
For the purpose of advancing the conservation of wetland resources the department shall prepare or cause to be prepared maps that, at a minimum, identify as accurately as is practicable the individual wetlands in the state which have an area of 5 acres or more.
(b)
Mapping priorities, technical methods and standards to be used in delineating wetlands and a long-term schedule which will result in completion of the mapping effort at the earliest possible date shall be developed by the department in cooperation with those other state agencies having mapping, aerial photography and comprehensive planning responsibilities.
(c)
Wetland maps shall be prepared utilizing the best methods practicable with the funds available for that purpose and shall be based upon data such as soil surveys, aerial photographs and existing wetland surveys and may be supplemented by on-site surveys and other studies.
(d)
The department shall cooperate with the department of administration under s. 16.967 in conducting wetland mapping activities or any related land information collection activities.
(3)
(a)
The department may sell, and may enter into contracts to sell, wetland maps. The fees for the maps shall be as follows:
1.
For each paper map, $5.
2.
For each aerial photograph, $10.
3.
For each copy of a digital wetland database covering one township, $15.
(b)
The department, by rule, may increase any fee specified in par. (a). Any increased fee must at least equal the amount necessary to cover the costs of preparing, producing and selling the wetland maps.
History:  1977 c. 374; 1979 c. 221; 1983 a. 27; 1985 a. 29; 1989 a. 31; 1995 a. 27; 1997 a. 27 ss. 774am, 775am, 9456 (3m); 1999 a. 147, 185; 2003 a. 33 s. 2811; 2003 a. 48 ss. 10, 11; 2003 a. 206 s. 23; 2005 a. 25 ss. 497, 2493.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.322 - Fees for computer accessible water resource management information.

23.322
Fees for computer accessible water resource management information.
The department may charge a fee for providing any information that it maintains in a format that may be accessed by computer concerning the waters of this state, including maps and other water resource management information.
History:  1999 a. 9; 2001 a. 104.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.325 - Aerial photographic survey.

23.325
Aerial photographic survey.
(1)
The department shall make, on a periodic basis, an aerial photographic survey of the state to provide the basis for state planning and resource and forestry management. In performing this duty, the department:
(a)
Shall consult with the department of administration, the department of transportation, and the state cartographer, and may consult with other potential users of the photographic products resulting from the survey, to determine the scope and character of the survey.
(b)
May contract with other state agencies or nongovernmental entities to carry out the photographic imagery acquisition phases of the survey and to prepare specific photographic products for use by federal, state and local agencies and the general public.
(2)
(a)
After consultation with the department of transportation and the state cartographer, the department of natural resources shall select the photographic products to be sold.
(b)
The department of administration shall establish sale prices for the photographic products. The department of administration shall establish sale prices annually at a level that at least equals the amount necessary to cover the costs of photographic imagery acquisition and the production of photographic products and the costs of selling and reproducing the productions.
(3)
The department of natural resources may sell and may enter into contracts to sell the photographic products.
(4)
All income received by the department of natural resources and the department of transportation from the sale of the photographic products, less the amount retained by the department of transportation under s. 85.10, shall be deposited in the conservation fund.
History:  1991 a. 39; 1997 a. 27 ss. 775am, 9456 (3m); 2003 a. 33 s. 2811; 2003 a. 48 ss. 10, 11; 2003 a. 206 s. 23; 2005 a. 25 ss. 498, 2493.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.38 - Natural resources law violation hotline.

23.38
Natural resources law violation hotline.
(1)
The department shall maintain a toll-free telephone number to receive reports of violations of any statute or administrative rule that the department enforces or administers. The department shall relay these reports to the appropriate warden or officer for investigation and enforcement action. The department shall publicize the toll-free telephone number as widely as possible in the state.
(1m)
In addition to the toll-free telephone number under sub. (1), the department may establish additional electronic methods to receive reports of violations of any statute or administrative rule that the department enforces or administers.
(2)
The department shall maintain records that permit the release of information provided by informants while protecting the identity of the informant. Any records received under this section that relate to the identity of informants shall be only for the confidential use of the department in the administration of this section, unless the informant expressly agrees to release the records. Appearance in court as a witness shall not be considered consent by an informant to release confidential records received under this section.
History:  1979 c. 34; 1993 a. 16 s. 676; Stats. 1993 s. 23.38; 2013 a. 69.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.39 - Placement of wind turbines.

23.39
Placement of wind turbines.
The department shall identify areas in this state where wind turbines, if placed in those areas, may have a significant adverse effect on bat and migratory bird populations. The department shall maintain an Internet website that provides this information to the public and that includes a map of the identified areas.
History:  2009 a. 40; 2017 a. 365 s. 112.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.42 - Environmental consulting costs for federal licensing of power projects.

23.42
Environmental consulting costs for federal licensing of power projects.
(1)
Definitions. In this section:
(a)
“Applicant" means any person who files an application or submits a notification of intent under 16 USC 808 (b) with the commission.
(b)
“Application" means a request for a license under the procedures in 16 USC 800, 802, 803 or 808 or a request for an exemption under 16 USC 823a or 824a-3.
(c)
“Commission" means the federal energy regulatory commission.
(d)
“Date of filing" means the date an applicant submits a notification of intent or the date an applicant files an application, whichever is earlier.
(2)
Authority. In order to carry out its consulting role to the commission under 16 USC 800, 802, 803, 808, 823a and 824a-3 and the federal regulations promulgated under those sections, the department may charge fees to applicants for reviewing and evaluating applications and notifications of intent under 16 USC 808 (b).
(3)
Fees. If the department charges fees under this section:
(a)
The department shall charge fees only for the time it expends reviewing and evaluating an application or a notification of intent from the date of filing until the commission makes a determination whether or not to issue the license.
(b)
The department shall determine the fee for each applicant by calculating the applicant's proportionate share of the costs incurred by the state in a fiscal year in reviewing or evaluating applications or notifications of intent under this section. The department shall calculate the proportionate share for an applicant by dividing the amount of horsepower, as authorized by the commission, of the applicant's power project by the total amount of horsepower, as authorized by the commission, of all power projects being reviewed or evaluated under this section during the fiscal year.
(c)
The department may collect fees on a quarterly basis.
(d)
The department shall deduct any amount it receives as reimbursement under 16 USC 823a for reviewing and evaluating an application or notification of intent from the fee it charges an applicant for reviewing that application or notification of intent.
(4)
Limitation on charging of fees. Notwithstanding subs. (2) and (3) (a), the department may not charge any fees under this section after October 1, 1995, for reviewing and evaluating applications or notifications of intent.
(5)
Use of fees. The department may not expend the fees it collects under this section except for the costs that are consistent with and that are necessary for reviewing and evaluating applications and notifications of intent under 16 USC 800, 802, 803, 808, 823a and 824a-3.
History:  1989 a. 31, 359; 1991 a. 39; 1993 a. 16, 437.
This section is unconstitutional. Federal law preempts its application. Wisconsin Valley Improvement Co. v. Meyer, 910 F. Supp. 1375 (1995).
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.425 - Environmental education.

23.425
Environmental education.
(1m)
The department may charge the participants in a departmental environmental education program fees to cover the costs of the program. The amount charged may not exceed the costs of conducting the program.
(2m)
The fees collected by the department under sub. (1m) for the use of the MacKenzie environmental center shall be deposited in the general fund and credited to the appropriation under s. 20.370 (1) (gb).
History:  1989 a. 299; 1995 a. 27; 1997 a. 27 ss. 785 to 788; Stats. 1997 s. 23.425; 2017 a. 59, 366; 2021 a. 238.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.426 - Programs at the Horicon Marsh education and visitor center.

23.426
Programs at the Horicon Marsh education and visitor center.
The department may establish and charge fees for educational programs that the department provides at the Horicon Marsh education and visitor center. The fees collected under this section shall be deposited in the general fund and credited to the appropriation account under s. 20.370 (1) (gh).
History:  2015 a. 55; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.43 - Entities qualified to evaluate the safety of sport shooting ranges.

23.43
Entities qualified to evaluate the safety of sport shooting ranges.
(1)
In this section, “sport shooting range” has the meaning given in s. 895.527 (1).
(2)
The department shall establish and post on its Internet site a list of professional engineers, architects, and certified range technicians who are qualified to evaluate a sport shooting range to identify any deficiencies in public safety measures employed, as compared with general safe range design and operation practices, and to recommend solutions to any deficiencies found. If the department receives a request that a person or organization be added to the list under this section, the department shall evaluate the qualifications of the person or organization to perform the relevant functions.
History:  2017 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.45 - Nondisclosure of certain personal information.

23.45
Nondisclosure of certain personal information.
(1)
In this section:
(a)
“Approval" means any approval issued by the department or its agents through an automated system established by the department for the issuance of approvals under s. 29.024 or the issuance of vehicle admission receipts under s. 27.01 (7m) (d).
(b)
“List" means a computer generated list compiled or maintained by the department from information provided to the department by individuals who have applied for an approval or for registration and that contains the personal identifiers of 10 or more of those individuals.
(c)
“Personal identifier" means a name, social security number, telephone number, street address, post-office box number, 9-digit extended zip code, or electronic mail address.
(d)
“Registration" means any registration document, as defined in s. 23.33 (1) (jn), 23.335 (1) (zg), or s. 350.01 (10t), or any certification or registration document, as defined in s. 30.50 (3b), that is issued by the department or its agents.
(2)
If a form that the department or its agents require an individual to complete in order to obtain an approval or a registration requires the individual to provide any of the individual's personal identifiers, the form shall include a place for the individual to declare that the individual's personal identifiers obtained by the department or its agents from the information on the form may not be disclosed on a list that the department furnishes to another person.
(3)
If the department or its agents require an individual to provide, by telephone or other electronic means, any of the individual's personal identifiers in order to obtain an approval or a registration from the department, the department or its agents shall ask the individual at the time that the individual provides the information if the individual wants to declare that the individual's personal identifiers obtained by telephone or other electronic means may not be disclosed on a list that the department furnishes to another person.
(4)
The department shall provide to an individual upon request a form that includes a place for the individual to declare that the individual's personal identifiers obtained by the department or its agents may not be disclosed on a list that the department furnishes to another person.
(5)
(a)
The department may not disclose on any list that it furnishes to another person a personal identifier of any individual who has made a declaration under sub. (2), (3) or (4).
(b)
Paragraph (a) does not apply to a list that the department furnishes to another state agency, a law enforcement agency or a federal governmental agency. A state agency that receives a list from the department containing a personal identifier of any individual who has made a declaration under sub. (2), (3) or (4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency or a federal governmental agency.
History:  1999 a. 88, 186; 2001 a. 16; 2015 a. 89, 170.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.49 - Credit card use charges.

23.49
Credit card use charges.
The department shall certify to the secretary of administration the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 23.66 (1m) by conservation wardens, and the secretary of administration shall pay the charges from moneys received under s. 59.25 (3) (j) and (k) that are reserved for payment of the charges under s. 20.907 (5) (e) 12e.
History:  1985 a. 29; 1989 a. 31; 1995 a. 201; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.50 - Procedure in forfeiture actions.

23.50
Procedure in forfeiture actions.
(1)
The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, and 299.64 (2), subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 280.98 (2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s. 281.36 (14) (f), violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k), violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77.
(2)
All actions to recover these forfeitures and costs, fees, and surcharges imposed under ch. 814 are civil actions in the name of the state of Wisconsin, shall be heard in the circuit court for the county where the offense occurred, and shall be recovered under the procedure set forth in ss. 23.50 to 23.85.
(3)
All actions in municipal court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77 shall utilize the procedure in ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits, and stipulations of no contest in ss. 23.51 (1m), (3), and (8), 23.53, 23.54, 23.56 to 23.64, 23.66, and 23.67 shall apply to violations of such ordinances.
(4)
Where a fine or imprisonment, or both, is imposed by a statute enumerated in sub. (1), the procedure in ch. 968 shall apply.
History:  1975 c. 365; 1977 c. 29, 305; 1977 c. 449 ss. 44, 497; 1979 c. 32 s. 92 (17); 1979 c. 34 ss. 703b, 2102 (39) (f); 1981 c. 390; 1985 a. 36; 1987 a. 27; 1987 a. 200 s. 4; 1989 a. 79, 284, 335, 359; 1991 a. 39, 97; 1993 a. 16, 243, 344, 349, 491; 1995 a. 27, 216, 227, 290; 1997 a. 35; 1999 a. 9; 2001 a. 56; 2003 a. 139, 276; 2005 a. 360; 2013 a. 69; 2015 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.51 - Words and phrases defined.

23.51
Words and phrases defined.
In ss. 23.50 to 23.85 the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning:
(1d)
“Captive" has the meaning given in s. 169.01 (2).
(1m)
“Citation" means a pleading of essential facts and applicable law coupled with a demand for judgment, which notifies the person cited of a violation of a statute or rule enumerated in s. 23.50 (1) or of a violation of a local ordinance, and requests the person to appear in court. Part of the citation is a complaint.
(2)
“Complaint" means the pleading of essential facts and applicable law coupled with a demand for judgment.
(2L)
“Corporation" includes a limited liability company.
(3)
“Enforcing officer" means a peace officer as defined in s. 939.22 (22), but not including a commission warden, as defined in s. 939.22 (5), or means a person who has authority to act pursuant to a specific statute.
(7)
“Summons" means an order to appear in court at a particular time and place. It accompanies the delivery of a complaint but not a citation.
(8)
“Violation" means conduct which is prohibited by state law or municipal ordinance and punishable by a forfeiture.
(9m)
“Wild animal" has the meaning given in s. 169.01 (37).
History:  1975 c. 365; 1977 c. 29; 1979 c. 34; 1985 a. 36; 1985 a. 332 s. 251 (7); 1987 a. 27; 1989 a. 107; 1991 a. 39; 1993 a. 112; 1995 a. 227; 1997 a. 27, 248; 1999 a. 9; 2001 a. 56; 2003 a. 139; 2005 a. 253; 2007 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.53 - Use of citation.

23.53
Use of citation.
(1)
The citation created under this section shall, in all actions to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77.
(2)
Notwithstanding any other provision of the statutes, the use of the citation by any enforcing officer in connection with a violation is adequate process to give the appropriate court jurisdiction over the person upon the filing with such court of the citation.
History:  1975 c. 365; 1977 c. 29; 1979 c. 34; 1985 a. 36; 1987 a. 27; 1987 a. 200 s. 4; 1989 a. 335; 1991 a. 39; 1993 a. 349; 1995 a. 27, 216, 227; 1997 a. 35; 2003 a. 139; 2015 a. 170.
After issuing a citation to an Indian fisherman, the state must prove at the pre-trial hearing that enforcement against the Indian fisherman is reasonable and necessary. State v. Peterson, 98 Wis. 2d 487, 297 N.W.2d 52 (Ct. App. 1980).
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.54 - Citation form.

23.54
Citation form.
(1)
The citation shall contain a complaint, a case history and a report of court action on the case.
(2)
It must appear on the face of the citation that there is probable cause to believe that a violation has been committed and that the defendant has committed that violation.
(3)
The citation form shall provide for the following:
(a)
The name, address, social security number and date of birth of the defendant.
(b)
The department permit or license number of the defendant, if applicable.
(c)
The name and department of the issuing officer.
(d)
The violation alleged, the time and place of occurrence, a statement that the defendant committed the violation, the statute, administrative rule or ordinance violated and a designation of the violation in language which can be readily understood by a person making a reasonable effort to do so.
(e)
The maximum forfeiture, plus costs, fees, and surcharges imposed under ch. 814, for which the defendant might be found liable.
(f)
A date, time and place for the court appearance, and a notice to appear.
(g)
Provisions for deposit and stipulation in lieu of a court appearance.
(h)
Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.
(i)
Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.
(j)
Notice that if the defendant makes a deposit and signs the stipulation the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and stipulation, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effects of the stipulation.
(k)
Notice that if the defendant does not make a deposit and fails to appear in court at the time fixed in the citation, the court may issue a summons or an arrest warrant and, if the violation is of ch. 29, the person may be subject to suspension of all hunting, fishing, and trapping approvals under s. 29.972.
(L)
Any other pertinent information.
History:  1975 c. 365; 1977 c. 29; 1979 c. 34; 1981 c. 317; 1985 a. 36; 1987 a. 27, 399; 1991 a. 39; 1997 a. 27; 2003 a. 139; 2005 a. 282.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.55 - Complaint and summons forms.

23.55
Complaint and summons forms.
(1)
Complaint. It must appear on the face of the complaint that there is probable cause to believe that a violation has been committed and that the defendant has committed it. The complaint shall accompany the summons and shall contain the information set forth in s. 23.54 (3) (a) to (d) and:
(a)
The title of the cause, specifying the name of the court and county in which the action is brought and the names and addresses of the parties to the action.
(b)
A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the statute upon which the cause of action is based and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, plus costs, fees, and surcharges imposed under ch. 814, and any other relief that is sought by the plaintiff.
(c)
In an action by or against a corporation the complaint must aver its corporate existence and whether it is a domestic or foreign corporation.
(2)
Summons. The summons shall contain:
(a)
The title of the cause, specifying the name of the court and county in which the action is brought and the names of all parties to the action.
(b)
A direction summoning and requiring the defendant to appear in a specified court on a particular date not less than 10 days following service of the summons to answer the accompanying complaint.
(c)
A notice that in case of failure to appear, judgment may be rendered against the defendant according to the demand of the complaint, or the court may issue a warrant for the defendant's arrest and, if the violation is of ch. 29, the person may be subject to suspension of all hunting, fishing, and trapping approvals under s. 29.972.
History:  1975 c. 365; 1977 c. 29; 1979 c. 34; 1985 a. 36; 1987 a. 27; 1991 a. 39; 1997 a. 27; 2003 a. 139; 2005 a. 282.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.56 - Arrest with a warrant.

23.56
Arrest with a warrant.
(1)
A person may be arrested for a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77, after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.
(2)
In actions to collect forfeitures, plus costs, fees, and surcharges imposed under ch. 814, the judge who issues a warrant under sub. (1) may endorse upon the warrant the amount of the deposit. If no endorsement is made, the deposit schedule under s. 23.66 shall apply, unless the court directs that the person be brought before the court.
History:  1975 c. 365; 1977 c. 29; 1979 c. 34; 1985 a. 36; 1987 a. 27; 1987 a. 200 s. 4; 1991 a. 39; 1993 a. 349; 1995 a. 27, 216; 2003 a. 139; 2015 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.57 - Arrest without a warrant.

23.57
Arrest without a warrant.
(1)
A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77; and:
(a)
The person refuses to accept a citation or to make a deposit under s. 23.66; or
(b)
The person refuses to identify himself or herself satisfactorily or the officer has reasonable grounds to believe that the person is supplying false identification; or
(c)
Arrest is necessary to prevent imminent bodily harm to the enforcing officer or to another.
(2)
In all cases the officer shall bring the person arrested before a judge without unnecessary delay.
History:  1975 c. 365; 1987 a. 200 s. 4; 1993 a. 349; 1995 a. 27, 216; 2015 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.58 - Temporary questioning without arrest.

23.58
Temporary questioning without arrest.
(1)
After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.
(2)
An enforcing officer has reasonable suspicion to perform a stop under sub. (1) if an all-terrain vehicle, utility terrain vehicle, off-highway motorcycle, boat, or snowmobile does not visibly display a registration plate or decal under s. 23.33 (2) or 23.335 (4) (c) or (5) (c), a nonresident trail pass under s. 23.33 (2j) or 23.335 (6), a registration or certification decal under s. 30.523 (2), or a registration decal or trail use sticker under s. 350.12 (5).
History:  1975 c. 365; 1987 a. 200 s. 4; 1993 a. 349; 1995 a. 27, 216; 2015 a. 89, 170.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.59 - Search during temporary questioning.

23.59
Search during temporary questioning.
When an enforcing officer has stopped a person for temporary questioning pursuant to s. 23.58 (1) and reasonably suspects that he or she or another is in danger of physical injury, the officer may search such person for weapons or any instrument or article or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the officer finds such a weapon or instrument, or any other property possession of which he or she reasonably believes may constitute the commission of a violation of those statutes enumerated in s. 23.50 (1) or which may constitute a threat to his or her safety, the officer may take it and keep it until the completion of the questioning, at which time he or she shall either return it, if lawfully possessed, or arrest the person so questioned for possession of the weapon, instrument, article or substance, if he or she has the authority to do so, or detain the person until a proper arrest can be made by appropriate authorities. Searches during temporary questioning as provided under this section shall only be conducted by those enforcing officers who have the authority to make arrests for crimes.
History:  1975 c. 365; 2015 a. 89.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.60 - Search incident to the issuance of a lawfully issued citation.

23.60
Search incident to the issuance of a lawfully issued citation.
If the enforcing officer has stopped a person to issue a citation pursuant to s. 23.62 and reasonably suspects that he or she or another is in danger of physical injury, the officer may search such person for weapons or any instrument or article or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the officer finds such a weapon or instrument, or any other property possession of which he or she reasonably believes may constitute the commission of a violation of those statutes enumerated in s. 23.50 (1), or which may constitute a threat to his or her safety, the officer may take it and keep it until he or she has completed issuing the citation, at which time the officer shall either return it, if lawfully possessed, or arrest the person for possession of the weapon, instrument, article or substance, if he or she has the authority to do so, or detain the person until a proper arrest can be made by appropriate authorities.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.61 - Search and seizure; when authorized.

23.61
Search and seizure; when authorized.
A search of a person, object or place may be made and things may be seized when the search is made:
(1)
Incident to a lawful arrest;
(2)
With consent;
(3)
Pursuant to a valid search warrant;
(4)
With the authority and within the scope of a right of lawful inspection;
(5)
Incident to the issuance of a lawfully issued citation under s. 23.60;
(6)
During an authorized temporary questioning under s. 23.59; or
(7)
As otherwise authorized by law.
History:  1975 c. 365.
The warrantless search of a fisherman's truck by state conservation wardens under s. 29.33 (6) [now s. 29.519 (6)] was presumptively reasonable. State v. Erickson, 101 Wis. 2d 224, 303 N.W.2d 850 (Ct. App. 1981).
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.62 - Issuance of a citation.

23.62
Issuance of a citation.
(1)
Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77, the officer may proceed in the following manner:
(a)
Issue a citation to the defendant in the form specified in s. 23.54, a copy of which shall be filed with the clerk of courts in the county where the violation was committed or with the office of the municipal judge in the case of an ordinance violation;
(b)
Proceed, in proper cases, under s. 23.56 or 23.57; or
(c)
Bring the information to the district attorney so that he or she may proceed pursuant to s. 23.65.
(2)
(a)
If the defendant is a resident of this state, a law enforcement officer may serve a citation anywhere in the state by following the procedures used for the service of a summons under s. 801.11 (1) (a) or (b) 1. or 1m. or (2) or by mailing a copy to the defendant's last-known address.
(b)
If the defendant is not a resident of the state, a law enforcement officer may serve a citation by delivering a copy to the defendant personally or by mailing a copy to the defendant's last-known address.
History:  1975 c. 365; 1979 c. 175; 1987 a. 200 s. 4; 1993 a. 156, 349; 1995 a. 27, 216; 2005 a. 282; 2015 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.63 - Officer's action after issuance of citation.

23.63
Officer's action after issuance of citation.
After the enforcing officer has issued a citation, the officer:
(1)
May release the defendant;
(2)
Shall release the defendant when he or she:
(a)
Makes a deposit under s. 23.66; or
(b)
Makes a deposit and stipulation of no contest under s. 23.67.
(3)
Shall proceed under s. 23.57, if the defendant is not released.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.64 - Deposit after release.

23.64
Deposit after release.
A person who is released under s. 23.63 shall be permitted to make a deposit any time prior to the court appearance date. The deposit shall be made with the clerk of the court of the county in which the violation occurred or the office of the municipal court having jurisdiction.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.65 - Issuance of complaint and summons.

23.65
Issuance of complaint and summons.
(1)
When it appears to the district attorney that a violation of s. 90.21, 134.60, 281.36, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31, 169, or 350, or any administrative rule promulgated pursuant thereto, a violation specified under s. 285.86, or a violation of ch. 951, if the animal involved is a captive wild animal, has been committed the district attorney may proceed by complaint and summons.
(2)
The complaint shall be prepared in the form specified in s. 23.55. After a complaint is prepared, it shall be filed with the judge and a summons shall be issued or the complaint shall be dismissed pursuant to s. 968.03. Such filing commences the action.
(3)
If a district attorney refuses or is unavailable to issue a complaint, a circuit judge, after conducting a hearing, may permit the filing of a complaint if he or she finds there is probable cause to believe that the person charged has committed a violation of s. 281.36, 287.07, 287.08 or 287.81, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350 or a violation specified under s. 285.86. The district attorney shall be informed of the hearing and may attend.
History:  1975 c. 365; 1979 c. 175; 1981 c. 390; 1989 a. 284, 335, 359; 1991 a. 97; 1993 a. 16, 243, 344, 491; 1995 a. 227, 290; 1997 a. 35; 1999 a. 9; 2001 a. 56; 2013 a. 69.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.67 - Deposit and stipulation of no contest.

23.67
Deposit and stipulation of no contest.
(1)
If pursuant to the procedure of s. 23.62 a person is cited or arrested, such person may make a deposit and stipulation of no contest, and submit them in the same manner as the deposit in s. 23.66.
(2)
The deposit and stipulation of no contest may be made at any time prior to the court appearance date. By signing the stipulation, the defendant is deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit.
(3)
The person receiving the deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be deemed to have submitted to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as in s. 23.66.
(4)
If the court does not accept the deposit and stipulation of no contest, a summons shall be issued. If the defendant fails to respond to the summons, an arrest warrant shall be issued.
(5)
The defendant may, within 10 days after signing the stipulation or at the time of the court appearance date, move the court for relief from the effects of the stipulation, pursuant to s. 23.75 (3) (c).
History:  1975 c. 365; 1977 c. 29; 1979 c. 34; 1981 c. 317; 1985 a. 36; 1987 a. 27, 399; 1991 a. 39; 1997 a. 27; 2003 a. 139.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.68 - Pleading.

23.68
Pleading.
The citation or complaint issued pursuant to s. 23.62 or 23.65 may serve as the initial pleading and, notwithstanding any other provisions of the statutes, shall be deemed adequate process to give the appropriate court jurisdiction over the person upon the filing of the citation or complaint with such court.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.69 - Motions.

23.69
Motions.
Any motion which is capable of determination without the trial of the general issue shall be made before trial.
History:  1975 c. 365.
Summary judgment is not permitted in forfeiture actions for violations of ch. 30. The relevant procedural statutes cannot be reconciled with the summary judgment procedure. Although the parties agreed to the filing of a written answer in lieu of an appearance, such an agreement cannot provide the basis to impose upon the statutory scheme a summary judgment procedure that does not otherwise exist. State v. Ryan, 2012 WI 16, 338 Wis. 2d 695, 809 N.W.2d 37, 09-3075.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.70 - Arraignment; plea.

23.70
Arraignment; plea.
(1)
If the defendant appears in response to a citation or a summons, or is arrested and brought before a court with jurisdiction to try the case, the defendant shall be informed that he or she is entitled to a jury trial and then asked whether he or she wishes to plead. If the defendant wishes to plead, he or she may plead guilty, not guilty or no contest.
(2)
If the defendant pleads guilty or no contest, the court may accept the plea, find the defendant guilty and proceed under s. 23.78.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.72 - Not guilty plea.

23.72
Not guilty plea.
If the defendant pleads not guilty the court shall set a date for trial or advise the defendant that he or she will be notified of the date set for trial. The defendant shall be released upon payment of a deposit as set forth in s. 23.66, or the court may release the defendant on his or her own recognizance. If a defendant fails to appear at the date set under this section, the court may issue a warrant under ch. 968 and, if the defendant has posted a deposit for appearance at that date, the court may order the deposit forfeited.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.73 - Discovery.

23.73
Discovery.
Neither party is entitled to pretrial discovery except that if the defendant moves within 10 days after the alleged violation and shows cause therefor, the court may order that the defendant be allowed to inspect and test under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed and may inspect the reports of experts relating to those devices.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 23 - Conservation. › 23.74 - Mode of trial.

23.74
Mode of trial.
(1)
The defendant shall be informed of the right to a jury trial in circuit court on payment of fees required by s. 23.77 (1).
(2)
If both parties, in a court of record, request a trial by the court or if neither demands a trial by jury, the right to a trial by jury is waived.
History:  1975 c. 365; 1977 c. 305; 1977 c. 449 s. 497.