Bill would reduce warden authority on private land

A bill that would reduce the authority of Wisconsin conservation wardens will receive a public hearing Wednesday in Madison.

Assembly Bill 411 would prohibit wardens from entering private property unless they had a reasonable suspicion that a violation had occurred.

Under the bill, if a warden enters private land to enforce a law without reasonable suspicion, any evidence collected would not be admissible in court.

Department of Natural Resources wardens may now access private property to check to see if a hunter has a valid license, for example.

A representative from the office of Rep. Adam Jarchow (R-Balsam Lake), lead author of the bill, said Jarchow had received complaints from constituents about wardens “entering private property without any reason to be doing so.”

The bill is co-sponsored by 23 state representatives and seven state senators; all are Republican.

When asked last week for their position on the bill, DNR officials refused.

“As is our practice, we won’t be commenting on proposed legislation,” said DNR communication director Jim Dick in an email.

But the bill has been strongly opposed by many Wisconsin conservation leaders, including retired DNR employees.

Randy Stark of Oregon, who worked as a DNR warden for 32 years, including 14 as chief warden before he retired in 2014, urged Legislators to reject AB 411.

Stark said courts over the last 125 years established Fourth Amendment case law known as the Open Fields Doctrine that effectively protects private property rights and public trust wildlife resources.

Conservation wardens, like all law enforcement officers, are trained extensively on these issues and are required to ensure their enforcement activities are in compliance with the law, Stark said.

“If they fail to conform their actions to existing law, they risk losing the very evidence they seek, they are subject to agency discipline, and they can be sued for a violation of constitutional rights,” Stark said.

What’s more, Stark said the proposal would undermine proven strategies to protect wildlife and other natural resources and provide for public safety in Wisconsin.

About 82% of Wisconsin land is privately-owned, according to state figures.

Stark said there would be significant negative implications if wardens were prevented from conducting compliance checks on more than 80% of the Wisconsin landscape.

“License compliance drops, funding for conservation declines, compliance with laws that protect wildlife, fish, game and public safety wanes, public safety is jeopardized, poaching on private land increases, and sportsmen and women, private landowners, Wisconsins’s wildlifebased economy, and the citizens of Wisconsin all lose,” Stark said.

Al Shook of Oconomowoc, a lifelong hunter and angler who has held many positions with local and state conservation organizations, was also against AB 411.

“Just a terrible idea,” said Shook, 60. “To protect wildlife, we need wardens to be able to check people on private land.”

Shook said some supporters of the bill mistakenly characterized it as a Fourth Amendment issue.

“You need a license to hunt and fish for most species, whether on public or private land,” Shook said. “It’s a privilege, and it’s the warden’s job to make sure people are complying with the law.”

Shook, who is vice-chairman of the Wisconsin Conservation Congress, made his comments as a private citizen. The congress’ executive committee is meeting Monday afternoon to discuss the issue and will likely take a formal position.

Shook encouraged all to show up at Wednesday’s hearing wearing blaze orange.

“This idea has got to get stopped,” Shook said.

The public hearing for AB411 is scheduled before the Assembly Committee for Natural Resources and Sporting Heritage at 10 a.m. Wednesday, Room 417 North (GAR Hall), at the Capitol.

No wake rules: Recent heavy rains raised water levels and resulted in “slow, no wake” rules being imposed last week on many waterways in southern Wisconsin, including Okauchee Lake, Pewaukee Lake and the Fox River. Boaters are encouraged to check with local authorities to determine the status on a waterway.