(concurring). I join in the majority’s decision except its conclusion that “[b]y its terms, sec. 11.61 does not apply to this case ... ," majority opinion at 313. That is an issue we do not have to decide. Even if the board believed that criminal penalties were appropriate under sec. 11.61, Stats., it may initiate an action for civil penalties without first notifying the appropriate district attorney, the attorney general, or the governor.