29.083(2)(b)(b) No person may knowingly fail to obey the order of a warden or other law enforcement officer to desist from conduct in violation of par. (a) if the order is based on any of the following:
29.083(2)(b)1.1. The warden or other law enforcement officer personally observed such conduct by the person.
29.083(2)(b)2.2. The warden or other law enforcement officer has reasonable grounds to believe that the person has engaged in such conduct that day or that the person intends to engage in such conduct that day.
29.083(3)(3)Exemptions. This section does not apply to actions under sub. (2) (a) 1. to 8. performed by wardens and other law enforcement officers if the actions are authorized by law.
29.083(3m)(3m)Affirmative defense. It is an affirmative defense to the prosecution for violation of this section if the defendant’s conduct is protected by his or her right to freedom of speech under the constitution of this state or of the United States.
29.083(4)(4)Civil actions.
29.083(4)(a)(a) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of sub. (2) (a) may bring an action in circuit court for an injunction or damages or both.
29.083(4)(b)(b) The circuit court may enter an injunction under ch. 813 against conduct in violation of sub. (2) (a) if the court determines any of the following:
29.083(4)(b)1.1. The defendant is threatening the conduct.
29.083(4)(b)2.2. The defendant has engaged in the conduct in the past and that it is reasonable to expect that the defendant will engage in the conduct that will adversely affect the plaintiff in the future.
29.083(4)(c)(c) The circuit court may award damages to the plaintiff if the defendant’s conduct in violation of sub. (2) (a) has adversely affected the plaintiff. The damages awarded may include punitive damages and any special damages. Special damages may include approval fees, travel costs, camping fees, costs for guides, and costs for equipment or supplies to the extent that the plaintiff did not receive the full value of any of these expenditures due to the unlawful conduct of the defendant.
29.083 HistoryHistory: 1989 a. 190; 1997 a. 248 s. 415; Stats. 1997 s. 29.083; 2015 a. 346.
29.083 AnnotationThe application of this section is limited to physical interference and does not violate the freedom of speech. State v. Bagley, 164 Wis. 2d 255, 474 N.W.2d 761 (Ct. App. 1991).
29.083 AnnotationThe activities listed under sub. (2) (a) 2., 3., 7., and 8., such as approaching a hunter or photographing, are only prohibited when also “intended to impede or obstruct” another person who is engaged in lawful activities. This section is not unconstitutionally overbroad or vague. Brown v. Kemp, 506 F. Supp. 3d 649 (2020).
29.08429.084Incentives for recruitment. The department shall establish a program to recognize people who recruit others as hunters, trappers, and anglers. The program shall include a component under which a person who is issued his or her first hunting, trapping, or fishing approval in his or her lifetime may designate one person as the person who encouraged the applicant to obtain the license. The program shall provide for all of the following:
29.084(1)(1)A method for maintaining a record of persons designated as provided under this section.
29.084(2)(2)A method for issuing a credit to any resident who is designated as provided under this section a specified number of times, as determined by the department, in any license year. The method shall require the department to allow the recipient of the credit to apply the credit in a manner that reduces the fee for an approval that is listed under s. 29.563 (2) (a) 1., 2., 4. to 5g., or 8. to 9., (3) (a) 1., or (6) (a) 1. by one-half of the fee that would otherwise apply to the approval, rounded up to the nearest dollar, that reduces the fee specified in s. 29.563 (4) (a) 1. for a resident sports license by $20, or that reduces the fee specified in s. 29.563 (4) (a) 2. for a resident conservation patron license by $60. The department may not require a resident to be designated more than 5 times in a license year in order to be eligible for a credit under this subsection. In this subsection, “license year” means the period between April 1 and the following March 31.
29.084 HistoryHistory: 2011 a. 168; 2015 a. 55.
29.08829.088Use of poison and explosives; pole traps.
29.088(1)(1)Except as provided by s. 29.601 (4), it is unlawful to use baits containing poison of any description in any forests, fields or other places where it might destroy or cause the destruction of wild animals or birds, and the possession of any poison or poison baits in a hunting or trapping camp or on any person while hunting or trapping shall be prima facie evidence of a violation.
29.088(2)(2)Except as provided in sub. (3), no person may take, capture or kill or attempt to take, capture or kill any wild animal with the aid of any explosive or poison gas, or set any explosive near or on any beaver or muskrat houses. Possession or control of an explosive or a poison gas in places described in sub. (1) is prima facie evidence of intent to violate this subsection. Any person who violates this subsection shall be fined not more than $300 or imprisoned for not more than 30 days or both.
29.088(2g)(2g)
29.088(2g)(a)(a) Subsections (1) and (2) do not apply to toxicants placed in the waters of a self-contained fish rearing facility or a state or municipal fish hatchery if the toxicants are necessary to the operation of the fish farm or fish hatchery.
29.088(2g)(b)(b) Subsections (1) and (2) do not apply to toxicants placed in the waters of a preexisting fish rearing facility that is an artificial body of water if the toxicants are necessary to the operation of the fish farm and the department has issued a permit under s. 283.31 for the preexisting fish rearing facility.
29.088(2m)(2m)
29.088(2m)(a)(a) Except as provided in par. (b), it is unlawful to take, capture, or kill or attempt to take, capture, or kill any bird by setting or operating any trap or device designed, built, or used to capture birds on a pole, post, tree stump, or any other elevated perch more than 3 feet above the ground.
29.088(2m)(b)(b) A person who holds a valid migratory bird depredation permit issued by the U.S. fish and wildlife service under 50 CFR 21.41 that authorizes the trapping of birds may set or operate a trap or device described under par. (a) on an elevated perch no more than 10 feet above the ground.
29.088(3)(3)Nothing in this chapter prevents the department or a person authorized under s. 29.885 from using an explosive or having an explosive near a beaver house or a beaver dam for the purpose of removing a beaver dam or a vacated beaver house when the beavers are causing damage to property.
29.088 HistoryHistory: 1973 c. 317; 1975 c. 52, 365; 1979 c. 34; 1981 c. 20; 1987 a. 27; 1989 a. 31; 1997 a. 27; 1997 a. 248 ss. 670 to 672; Stats. 1997 s. 29.088; 2017 a. 169.