Section 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.

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. Department of Natural Resources v. Clintonville, 53 Wis. 2d 1 , 191 N.W.2d 866 . 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.