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2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.927 - Public nuisances.

29.927
Public nuisances.
The following are declared public nuisances:
(1)
Any unlicensed, untagged or unmarked net of any kind, or other unlicensed, untagged or unmarked device for fishing.
(1m)
Any licensed, tagged or marked net or other device for fishing set, placed, or found in any waters where it is prohibited to be used, or in a manner prohibited by this chapter.
(2)
Any unlicensed, untagged or unmarked setline, cable, rope, or line, with more than one fish line attached.
(2c)
Any licensed, tagged or marked setline set, placed, or found in any waters where it is prohibited to be used, or in a manner prohibited by this chapter.
(2g)
Any fish line left in the water unattended, whether having one or more hooks attached.
(2m)
Any long tunnel pound net or similar entrapping net other than the legal fyke net, drop net, submarine trap net and the short tunnel pound net whenever found in outlying waters or on any boat, dock, pier or wharf or in any building or vehicle on or adjacent to outlying waters. Any nets found as described in this subsection shall be sufficient evidence of the use of the nets by the owner.
(3)
Any device set in public waters to prevent the free passage of fish, or set in any stream which has been stocked by the state unless authorized by the department.
(4)
Any permanent or temporary structure placed, occupied, or used on the ice of any waters in violation of this chapter.
(5)
Any trap, snare, spring gun, set gun, net or other device used in violation of this chapter which might entrap, ensnare, or kill game.
(5m)
Any trap without a metal tag attached as required by law.
(6)
Any boat, together with its tackle and equipment, used in violation of this chapter.
(6g)
Any lamp, light, gun, firearm, ammunition, bow, crossbow, bolt, or arrow used in violation of this chapter or s. 167.31 or any rules promulgated under s. 167.31.
(6r)
Any boat, floating raft, box, or blind set in open water and used in hunting game birds.
(7)
Any decoys left in the water unattended.
(8)
Any dog found running deer or elk at any time, or used in violation of this chapter.
(9)
Any ferret, rat, weasel, or guinea pig in possession or used while hunting.
(10)
Any blind used in hunting waterfowl in violation of s. 29.327.
(11)
Any motor vehicle, boat, aircraft, remote sensing equipment, navigational device, survey equipment, scuba gear or other equipment or device used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47.
History:  1977 c. 443; 1983 a. 192 s. 303 (6); 1985 a. 36; 1993 a. 169; 1995 a. 79; 1997 a. 248 s. 93; Stats. 1997 s. 29.927; 2001 a. 56, 109; 2005 a. 161; 2011 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.931 - Seizures.

29.931
Seizures.
(1)
Seizure and confiscation of wild animals or plants. The department and its wardens shall seize and confiscate any wild animal, carcass or plant caught, killed, taken, had in possession or under control, sold or transported in violation of any of the laws for which the department and its wardens have enforcement authority under s. 29.921. The officer also may, with or without warrant, open, enter and examine all buildings, camps, boats on inland or outlying waters, vehicles, valises, packages and other places where the officer has probable cause to believe that wild animals, carcasses or plants that are taken or held in violation of any of these laws are to be found.
(2)
Seizure and confiscation of objects; sale of perishable property.
(a)
The department and its wardens shall seize and hold, subject to the order of the court for the county in which the alleged offense was committed, any vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of any of the laws for which the department and its wardens have enforcement authority under s. 29.921. If it is proven that the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of any of the laws for which the department and its wardens have enforcement authority under s. 29.921, it shall be confiscated if the court directs in its order for judgment.
(am)
If the department or its wardens seize any net or similar fishing device under par. (a), the owner shall reimburse the department for all costs associated with the seizure within 20 days after the department gives written notice to the owner of the owner's obligation to reimburse the department. The notice shall include the amount of the costs required to be reimbursed by the owner. If the owner does not reimburse the department as required under this paragraph, the owner shall forfeit not more than $1,000 in addition to the costs of reimbursement. All reimbursement costs collected under this paragraph shall be credited to the appropriation under s. 20.370 (3) (mi).
(b)
Any perishable property seized by the department or its wardens under this section may be sold at the highest available price, and the proceeds of the sale turned into court for disposition as the court directs.
(3)
Entire shipment affected. Confiscation of any part of a shipment under this section shall include the entire shipment.
(4)
Ordinance violations. For purposes of this section, a violation of ch. 169 includes a violation of an ordinance enacted under s. 169.43.
History:  1997 a. 248 ss. 108 to 110, 712; 2001 a. 56; 2005 a. 288, 394.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.938 - Use by the department of unclaimed, seized, or confiscated property.

29.938
Use by the department of unclaimed, seized, or confiscated property.
The department may receive, retain, and use for the hunter education programs under ss. 29.591 and 29.595, the trapper education program under s. 29.597, or other educational hunting, fishing, trapping, or conservation activities the department conducts any of the following property:
(1)
Property seized or confiscated for violations of s. 167.31 or 943.13, this chapter, or ch. 169 or 951.
(2)
Property turned over to the department under s. 968.20 (3).
(3)
Personal property that is in the possession of the department and that is lost, abandoned, or not claimed by its owner.
History:  2005 a. 394.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.941 - Assistance of law enforcement officers.

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.
History:  1979 c. 110; 1997 a. 248 s. 116; Stats. 1997 s. 29.941.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.944 - Exemption from liability.

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.
History:  1997 a. 248 s. 111.
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).
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.951 - Resisting a warden.

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).
History:  1975 c. 365, 421; 1979 c. 34; 1981 c. 20; 1993 a. 137; 1997 a. 248 s. 683; Stats. 1997 s. 29.951.
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.
Affirmed on other grounds. 2010 WI 84, 327 Wis. 2d 252, 786 N.W.2d 97, 07-1894.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.954 - False impersonation of warden.

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).
History:  1975 c. 365; 1979 c. 34; 1981 c. 20; 1993 a. 137; 1997 a. 248 s. 684; Stats. 1997 s. 29.954.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.957 - Breaking seals of department.

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.
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.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.961 - Incorrect information.

29.961
Incorrect information.
(1)
(b)
No person may provide incorrect information in order to obtain an approval issued under this chapter to which the person is not entitled.
(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.
(2)
(a)
No person may do any of the following:
1.
Fail to keep records as required under this chapter.
2.
Fail to keep accurate records under this chapter.
3.
Provide incorrect information to the department under this chapter.
(b)
Any person who violates par. (a) shall forfeit not less than $100 and not more than $1,000.
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.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.962 - Worthless checks for approvals.

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.
History:  2003 a. 138.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.964 - Falsification or illegal possession of approvals.

29.964
Falsification or illegal possession of approvals.
(1m)
Alteration of approvals.
(a)
No person may alter an approval or proof of an approval in any manner or falsely represent that the person holds an approval.
(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.
(2m)
Forgery.
(a)
No person may forge another person's signature to obtain an approval or on an approval.
(b)
Any person who violates par. (a) shall forfeit not less than $100 and not more than $1,000.
(3m)
Counterfeit and illegally obtained approvals.
(a)
For purposes of this subsection, “counterfeit" means produced without the consent or authorization of the department.
(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:
1.
The person knows that the approval or proof is counterfeit.
2.
The person has illegally or erroneously obtained the approval or proof.
3.
The approval has been suspended or revoked.
(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.
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.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.967 - Prohibitions during periods of suspension or revocation.

29.967
Prohibitions during periods of suspension or revocation.
(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:
(a)
For the first conviction, the person shall forfeit not less than $300 nor more than $500.
(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.
(2)
The 5-year period under sub. (1) (b) shall be measured from the dates of the violations which resulted in the convictions.
(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.
History:  1993 a. 137; 1997 a. 196; 1997 a. 248 ss. 686, 687; Stats. 1997 s. 29.967; 2015 a. 89.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.969 - Larceny of wild animals.

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.
History:  1993 a. 137; 1995 a. 79; 1997 a. 27; 1997 a. 248 s. 690; Stats. 1997 s. 29.969; 2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.972 - Revocation; failure to comply.

29.972
Revocation; failure to comply.
(1)
The department shall deny an application to issue or renew, or suspend if already issued, all hunting, fishing, or trapping approvals issued to a person under this chapter if the person who violates this chapter does any of the following:
(a)
Fails to respond to a summons under s. 23.66 (3) or 23.67 (4), or a warrant or summons under s. 968.04.
(b)
Fails to appear on the court date set under s. 23.72 or 23.75 unless the person makes a deposit under s. 23.66 or makes a deposit and stipulation under s. 23.67.
(c)
Fails to appear before the court and is subject to a bench warrant under s. 968.09.
(2)
(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).
(b)
The requirement to deny or suspend an approval under sub. (1) remains in effect until either of the following occurs:
1.
The person resolves the matter under sub. (1) that resulted in the denial or suspension.
2.
The court revokes or suspends any or all of the person's hunting, fishing, or trapping approvals under s. 29.971.
(3)
The department shall establish procedures for the denial or suspension of approvals under subs. (1) and (2), including all of the following:
(a)
The exchange of information among the department, the district attorneys, and the clerks of court.
(b)
Notice to the person who is subject to the denial or suspension.
(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.
History:  2005 a. 282.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.973 - Commercial fish reporting system.

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:
(1)
Any person who has committed a certain number of violations of subch. VI, as determined by the department.
(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.
History:  2005 a. 288; 2007 a. 97 s. 50.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.974 - Penalties; repeaters.

29.974
Penalties; repeaters.
(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.
(2)
(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.
(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.
(3)
No penalty for any violation listed in sub. (1) or (2) may be reduced or diminished by reason of this section.
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.
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.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.977 - Civil actions for damages caused by law violations.

29.977
Civil actions for damages caused by law violations.
(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:
(a)
Any endangered species protected under s. 29.604, $875.
(am)
Any elk, $2,000.
(b)
Any moose, fisher, prairie chicken, or sand hill crane, $262.50.
(c)
Any deer, bear, wild turkey or wild swan, $175.
(d)
Any bobcat, fox, wolf, beaver, or otter, $87.50.
(e)
Any coyote, raccoon or mink, $43.75.
(f)
Any sharp-tailed grouse, ruffed grouse, spruce hen, wild duck, coot, wild goose or brant, $26.25.
(g)
Any pheasant, gray partridge, quail, rail, Wilson's snipe, woodcock or shore bird, or protected song bird or harmless bird, $17.50.
(h)
Any muskrat, rabbit or squirrel, $8.75.
(i)
Any muskellunge or lake sturgeon, $43.75.
(j)
Any largemouth or smallmouth bass, $26.25.
(k)
Any brook, rainbow, brown, or steel head trout, $26.25.
(L)
Any walleye pike, northern pike, or any other game fish not mentioned in pars. (i) to (k), $8.75.
(m)
Any game or fur-bearing animal or bird not mentioned in pars. (am) to (h), $17.50.
(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.
(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.
History:  1975 c. 365; 1977 c. 386; 1979 c. 34; 1985 a. 332 s. 251 (1); 1995 a. 376; 1997 a. 27; 1997 a. 248 ss. 691 to 698; Stats. 1997 s. 29.977; 2001 a. 56, 109; 2011 a. 169.
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. DNR v. City of Clintonville, 53 Wis. 2d 1, 191 N.W.2d 866 (1971).
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).
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.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.981 - Parties to a violation.

29.981
Parties to a violation.
(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.
(2)
A person is concerned in the commission of the violation if the person:
(a)
Directly commits the violation;
(b)
Aids and abets the commission of it; or
(c)
Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
History:  1975 c. 365; 1987 a. 379; 1997 a. 248 s. 724; Stats. 1997 s. 29.981.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.983 - Wild animal protection surcharges.

29.983
Wild animal protection surcharges.
(1)
Levy of wild animal protection assessment.
(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).
(b)
The amount of the wild animal protection surcharge imposed under ch. 814 shall be as follows:
1.
For any wild animal that is an endangered species protected under s. 29.604, $875.
1m.
Any elk, $2,000.
2.
For any moose, fisher, prairie chicken, or sand hill crane, $262.50.
3.
For any bear, wild turkey or wild swan, $175.
4.
For any bobcat, fox, wolf, beaver, or otter, $87.50.
5.
For any deer, coyote, raccoon or mink, $43.75.
6.
For any sharp-tailed grouse, ruffed grouse, spruce hen, wild duck, coot, wild goose or brant, $26.25.
7.
For any pheasant, gray partridge, quail, rail, Wilson's snipe, woodcock or shore bird, or protected song bird or harmless bird, $17.50.
8.
For any muskrat, rabbit or squirrel, $8.75.
9.
For any muskellunge or lake sturgeon, $43.75.
10.
For any largemouth or smallmouth bass, $26.25.
11.
For any brook, rainbow, brown, or steel head trout, $26.25.
12.
For any walleye pike, northern pike, or any other game fish not mentioned in subds. 9. to 11., $8.75.
13.
For any game or fur-bearing animal or bird not mentioned in subds. 1m. to 8., $17.50.
(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.
(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.
(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.
(2)
Deposit of wild animal protection surcharge funds. The secretary of administration shall deposit the moneys collected under this section into the conservation fund.
History:  1991 a. 39; 1995 a. 201, 376; 1997 a. 248 s. 725; Stats. 1997 s. 29.983; 2001 a. 56, 109; 2003 a. 33, 139, 326; 2011 a. 169.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.984 - Commercial fish protection surcharge.

29.984
Commercial fish protection surcharge.
(1)
Levy of commercial fish protection surcharge.
(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).
(b)
Except as provided in par. (bg), the amount of the commercial fish protection surcharge shall be as follows:
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.
2.
For salmon, trout, and noncommercial game fish, an amount equal to the amount specified in s. 29.983 (1) (b) 9. to 12.
(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.
(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.
(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.
(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.
(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 (1) (kr).
History:  2005 a. 288; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.985 - Fishing shelter removal surcharge.

29.985
Fishing shelter removal surcharge.
(1)
Levy of fishing shelter removal surcharge.
(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).
(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.
(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.
(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.
(2)
Use of fishing shelter removal surcharges funds. All moneys collected from fishing shelter removal surcharges shall be deposited in the conservation fund.
History:  1991 a. 39; 1995 a. 201; 1997 a. 248 s. 726; Stats. 1997 s. 29.985; 2003 a. 33, 139, 326.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.987 - Natural resources surcharge.

29.987
Natural resources surcharge.
(1)
Levy of natural resources surcharge.
(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.
(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.
(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.
(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.
(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).
History:  1979 c. 34; 1981 c. 20; 1995 a. 201; 1997 a. 248 s. 727; Stats. 1997 s. 29.987; 2003 a. 33, 139, 326; 2005 a. 288; 2007 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.989 - Natural resources restitution surcharge.

29.989
Natural resources restitution surcharge.
(1)
Levy of natural resources restitution surcharge.
(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.
(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.
(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.
(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.
(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).
History:  1979 c. 34, 175; 1983 a. 27; 1989 a. 56; 1995 a. 201; 1997 a. 248 s. 728; Stats. 1997 s. 29.989; 1999 a. 32; 2003 a. 33, 139, 326.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.99 - Wildlife violator compact surcharge.

29.99
Wildlife violator compact surcharge.
(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.
(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.
(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.
(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.
History:  2005 a. 282; 2007 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.9905 - Great Lakes resource surcharge.

29.9905
Great Lakes resource surcharge.
(1)
Levy of Great Lakes resource surcharge.
(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.
(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.
(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.
(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.
(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 (1) (kr).
History:  2005 a. 288; 2007 a. 97 s. 52; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.991 - Fishing net removal surcharge.

29.991
Fishing net removal surcharge.
(1)
Levy of fishing net removal surcharge.
(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.
(b)
If the forfeiture is suspended in whole or in part, the fishing net removal surcharge shall be reduced in proportion to the suspension.
(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.
(2)
Deposit of fishing net removal surcharge funds. All moneys collected from fishing net removal surcharges shall be deposited in the conservation fund.
History:  2005 a. 288.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.027 - Lower Wisconsin State Riverway.

30.027
Lower Wisconsin State Riverway.
For activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15), no person obtaining a permit under subchs. I, II or V may start or engage in the activity for which the permit was issued unless the person obtains any permit that is required for the activity under s. 30.44 or 30.445.
History:  1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.05 - Applicability of chapter to municipally-owned submerged shorelands.

30.05
Applicability of chapter to municipally-owned submerged shorelands.
Nothing in this chapter relative to the establishment of bulkhead or pierhead lines or the placing of structures or deposits in navigable waters or the removal of materials from the beds of navigable waters is applicable to submerged shorelands in Lake Michigan, the title to which has been granted by the state to a municipality.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.053 - Applicability of chapter to artificial water bodies and certain impoundments.

30.053
Applicability of chapter to artificial water bodies and certain impoundments.
(1)
Except in subch. V and except as specifically provided otherwise in this chapter, nothing in this chapter applies to an artificial water body, as defined in s. 30.19 (1b) (a), that is not hydrologically connected to a natural navigable waterway and that does not discharge into a natural navigable waterway except as a result of storm events.
(2)
Except in subch. V and s. 30.10 (2) (b), nothing in this chapter applies to an impoundment described under s. 30.10 (2) (b) if the impoundment is not hydrologically connected to a stream classified by the department on March 30, 2018, as a class I, class II, or class III trout stream and the impoundment does not discharge directly into a natural navigable waterway.
History:  2015 a. 387; 2017 a. 164; 2017 a. 365 s. 111.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.056 - Exemption from certain permit requirements.

30.056
Exemption from certain permit requirements.
Notwithstanding ss. 30.12, 30.19, 30.195 and 30.294, the city of Oak Creek may not be required to remove any structure or concrete or other deposit that was placed in Crayfish Creek in the city of Oak Creek before June 1, 1991, and may continue to maintain the structure, concrete or deposit without having a permit or other approval from the department.
History:  1995 a. 455.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.06 - Waiver of certain provisions of this chapter.

30.06
Waiver of certain provisions of this chapter.
The department, by rule, may waive the applicability to specified navigable waters of the United States of all or part of those provisions of this chapter which relate to the establishment of bulkhead or pierhead lines or the placing of structures or deposits in navigable waters or the removal of materials from the beds of navigable waters. The department may promulgate such rule only after it has entered into an agreement with the appropriate federal agency wherein it is agreed that the comparable federal law will be enforced on the waters in question in lieu of the state law which is being waived. The objective of such agreement shall be to avoid duplication of administration with respect to navigable waters over which this state and the U.S. government have concurrent jurisdiction, in those situations wherein administration by a single governmental agency will tend to avoid confusion and the necessity of obtaining permits from both the state and federal governments by those who are subject to the law and at the same time will adequately protect the public interest. The agreement may contain such further provisions as are designed to achieve this objective.
History:  1981 c. 390 s. 252; 1985 a. 332 s. 251 (1).
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.102 - Website information.

30.102
Website information.
(1)
Navigability determination and ordinary high-water mark identification. If the department makes a determination that a waterway is navigable or is not navigable or identifies the ordinary high-water mark of a navigable waterway, the department shall publish that information on the department's Internet website. Any person may rely on the information posted under this section as being accurate. This section does not restrict the ability of a person to challenge the accuracy of the information posted under this section.
(2)
Application status. To the greatest extent possible, the department shall publish on the department's Internet website the current status of any application filed with the department for a permit, license, or other approval under this chapter. The information shall include notice of any hearing scheduled by the department with regard to the application.
History:  2011 a. 167; 2017 a. 365 s. 112.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.103 - Identification of ordinary high-water mark by town sanitary district.

30.103
Identification of ordinary high-water mark by town sanitary district.
A town sanitary district may identify the ordinary high-water mark of a lake that lies wholly within unincorporated territory and wholly within the town sanitary district. The department may not identify an ordinary high-water mark of a lake that is different than the ordinary high-water mark identified by a town sanitary district under this section.
History:  1997 a. 237.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.105 - Determining footage of shoreline.

30.105
Determining footage of shoreline.
In determining footage of shoreline for purposes of s. 30.50 (4q), 30.77 (3) (ac), (ae) and (am) and 60.782 (2), towns, villages, cities, public inland lake protection and rehabilitation districts and town sanitary districts shall measure by use of a map wheel on the U.S. geological survey 7 1/2 minute series map.
History:  1995 a. 152 s. 9; 1995 a. 349 s. 11.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.122 - Unauthorized structures.

30.122
Unauthorized structures.
All permanent alterations, deposits or structures affecting navigable waters, other than boathouses, which were constructed before December 9, 1977 and which did not require a permit at the time of construction, shall be presumed in conformity with the law, unless a written complaint is filed within 180 days of December 9, 1977. Upon the filing of a complaint, the department shall proceed with an action to enforce the applicable statutes.
History:  1977 c. 189.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.124 - Waterfowl habitat management.

30.124
Waterfowl habitat management.
(1)
Notwithstanding ss. 30.12, 30.20, 30.44, and 30.45, and if the department finds that the activity will not adversely affect public or private rights or interests in fish and wildlife populations, navigation, or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 299.01 (4), the department may do all of the following on public lands or waters:
(a)
Cut aquatic plants, as defined in s. 30.07 (1) (b), without removing them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.
(b)
Develop nesting islands for the purpose of increasing waterfowl production.
(2)
The department may use moneys available under s. 29.191 (1) (b) 1. to engage in the activities described under sub. (1).
History:  1987 a. 294; 1989 a. 31; 1995 a. 227; 1997 a. 248; 2001 a. 16; 2009 a. 55.