1997 Wisconsin Act 27

29.53 (5) This The requirement of being issued a permit under this section shall not apply to civic organizations, organizations operating newspapers or television stations or promoters of sport shows when and in connection with publicly showing or exhibiting or, giving demonstrations with brook, brown or rainbow trout or providing fishing of fish for periods of not to exceed 10 days. Brook, brown or rainbow trout if the fish are placed in a tank or an artificially constructed pond that is a self-contained body of water. Fish used for such purposes shall be obtained only from resident Class A or Class B private fish hatchery operators licensed under s. 29.52 (4). Such private fish hatchery operators shall keep a record of all brook, brown or rainbow trout introduced in or delivered for introduction in any public waters and shall make a report of such introduction or delivery for such introduction to the department on or before December 31 of each year on forms furnished by the department have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).

27,1126e Section 1126e. 29.55 (2m) of the statutes is amended to read:

29.55 (2m) Subsections (1) and (2) do not apply to farm-raised deer or farm-raised fish.

27,1126m Section 1126m. 29.572 (1) of the statutes is amended to read:

29.572 (1) No person shall cause, authorize or permit any lands or waters to be posted with signs of any kind indicating that such lands or waters are licensed under s. 29.52 or ss. 29.573 to 29.578 unless such lands and waters are in fact so licensed.

27,1138m Section 1138m. 29.585 (2) (a) of the statutes is amended to read:

29.585 (2) (a) In this section, “wild animal" means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the statutes whether or not the mammal, fish or bird was bred or reared in captivity, but does not include deer of the genus dama, cervus or rangifer or farm-raised fish.

27,1139e Section 1139e. 29.59 (1) (f) of the statutes is amended to read:

29.59 (1) (f) Notwithstanding s. 29.01 (14), “wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or farm-raised fish.

27,1139p Section 1139p. 29.595 of the statutes is created to read:

29.595 Wildlife control in urban communities. (1) The department shall establish a program to award matching grants to urban communities for up to 50% of the costs for projects to plan wildlife abatement measures or to engage in wildlife control efforts or both.

(2) A grant awarded under this section may not exceed $5,000.

(3) The department shall promulgate rules establishing criteria for awarding grants under this section.

27,1139rb Section 1139rb. 29.598 (1) of the statutes is renumbered 29.598 (1) (intro.) and amended to read:

29.598 (1) Definition. (intro.) In this section, “wildlife damage" means damage caused by deer that live in the wild, bear or geese to commercial seedings or crops on agricultural land, to orchard trees or nursery stock or to apiaries or livestock. any of the following noncaptive wild animals:

27,1139rbm Section 1139rbm. 29.598 (1) (a) to (e) of the statutes are created to read:

29.598 (1) (a) Deer.

(b) Bear.

(c) Geese.

(d) Turkey.

(e) Sandhill crane if hunting of sandhill cranes is authorized by the department.

27,1139rc Section 1139rc. 29.598 (2) (b) of the statutes is renumbered 29.598 (2)(b) (intro.) and amended to read:

29.598 (2) (b) (title) Eligibility and funding requirements; rules. (intro.) The department shall promulgate rules for eligibility and funding requirements for the wildlife damage abatement program and the wildlife damage claim program in order to maximize the cost-effectiveness of these programs. The department shall also promulgate rules to establish all of the following:

27,1139rd Section 1139rd. 29.598 (2) (b) 1. to 5. of the statutes are created to read:

29.598 (2) (b) 1. Authorized wildlife damage abatement measures and methods for implementing and paying for these abatement measures.

2. Forms and procedures for payment and processing of statement of claims and applications for abatement assistance.

3. Procedures and standards for determining the amount of wildlife damage.

4. A methodology for proration of wildlife damage claim payments.

5. Procedures for record keeping, audits and inspections.

27,1139rf Section 1139rf. 29.598 (4) (b) of the statutes is amended to read:

29.598 (4) (b) Filing of application. In order to be eligible for wildlife damage abatement assistance, a person is required to file an application with the participating county in a form acceptable to the county. An owner or lessee of land, a person who controls land or an owner of an apiary or livestock may file an application.

27,1139rfm Section 1139rfm. 29.598 (4) (bn) of the statutes is created to read:

29.598 (4) (bn) Type of wildlife damage. In order to be eligible for wildlife damage abatement assistance, the type of wildlife damage to be abated shall be limited to damage to commercial seedings or crops growing on agricultural land, damage to crops that have been harvested for sale or further use but that have not been removed from the agricultural land, damage to orchard trees or nursery stock or damage to apiaries or livestock.

27,1139rg Section 1139rg. 29.598 (5) (b) (intro.) and 1. of the statutes are consolidated, renumbered 29.598 (5) (b) and amended to read:

29.598 (5) (b) Assistance. A participating county may provide wildlife damage assistance where wildlife damage is occurring or is likely to occur for: 1. The the reimbursement of costs associated with wildlife damage abatement measures if the measures are authorized in the plan of administration under sub. (3) (c) 2.

27,1139rh Section 1139rh. 29.598 (5) (b) 2. of the statutes is repealed.

27,1139rj Section 1139rj. 29.598 (5) (bm) of the statutes is created to read:

29.598 (5) (bm) Cost-effectiveness of abatement. A participating county may recommend only those wildlife damage abatement measures that are cost-effective in relation to the wildlife damage claim payments that would be paid if the wildlife damage abatement measures are not implemented.

27,1139rk Section 1139rk. 29.598 (5) (c) of the statutes is amended to read:

29.598 (5) (c) State aid. The department may shall pay participating counties up to 50% 75% of the actual cost of providing wildlife damage abatement assistance if wildlife damage abatement measures are carried out in full compliance with the direction of the county and with funding requirements adopted under sub. (2) (b).

27,1139rL Section 1139rL. 29.598 (6) (b) of the statutes is amended to read:

29.598 (6) (b) Filing of claim; form. In order to be eligible for wildlife damage claim payments, a person is required to file a statement of claim with the participating county department in a form acceptable to the county department. An owner or lessee of land, a person who controls land or an owner of an apiary or livestock may file a statement of claim.

27,1139rm Section 1139rm. 29.598 (6) (d) of the statutes is amended to read:

29.598 (6) (d) Compliance with wildlife damage abatement measures. In order to be eligible for wildlife damage claim payments for an occurrence of wildlife damage, a person seeking wildlife damage claim payments shall comply have complied with any wildlife damage abatement measures to abate that wildlife damage that were recommended by the county.

27,1139rn Section 1139rn. 29.598 (6) (dm) of the statutes is created to read:

29.598 (6) (dm) Compliance with normal agricultural practices. In order to be eligible for wildlife damage claim payments, a person seeking wildlife damage claim payments shall have managed the seedings, crops, orchard trees, nursery stock, apiaries or livestock which the person is seeking the claim payments in accordance with normal agricultural practices.

27,1139ro Section 1139ro. 29.598 (6) (em) of the statutes is created to read:

29.598 (6) (em) Type of wildlife damage. The type of wildlife damage that is eligible for wildlife damage claim payments shall be limited to damage to commercial seedings or crops growing on agricultural land, damage to crops that have been harvested for sale or further use but that have not been removed from the agricultural land, damage to orchard trees or nursery stock or damage to apiaries or livestock.

27,1139rp Section 1139rp. 29.598 (7) (a) of the statutes is amended to read:

29.598 (7) (a) Investigation. A participating county shall investigate each statement of claim and determine the total amount of the wildlife damage that occurred, regardless of the amount that may be eligible for payment under par. (b).

27,1139rq Section 1139rq. 29.598 (7) (b) of the statutes is repealed and recreated to read:

29.598 (7) (b) Calculating amount of payment. In calculating the amount of the wildlife damage claim payment to be paid for a claim under par. (a), the participating county shall determine the amount as follows:

1. If the amount of the claim is $250 or less, the claimant will receive no payment.

2. If the amount of claim is more than $250 but not more than $5,250, the claimant will be paid 100% of the amount of the claim that exceeds $250.

3. If the amount of the claim is more than $5,250, the claimant will be paid the amount calculated under subd. 2., plus 80% of the amount of the claim that exceeds $5,250, subject to subd. 4.

4. The total amount paid to a claimant under this paragraph may not exceed $15,000 for each claim.

27,1139rr Section 1139rr. 29.598 (7) (bm) of the statutes is amended to read:

29.598 (7) (bm) If the land where the wildlife damage occurred is located in more than one participating county and the person files a statement of claim with more than one participating county, then the monetary restriction under par. (b) 3. the amount of the claim, as determined under par. (a), shall be prorated between or among the participating counties based on the amount of wildlife damage occurring in each county.

27,1139rs Section 1139rs. 29.598 (7) (c) of the statutes is repealed.

27,1139rt Section 1139rt. 29.598 (7) (d) of the statutes is amended to read:

29.598 (7) (d) State aid. 1. Except as provided under subd. 2., the department shall pay participating counties claimants the full amount of wildlife damage claim payments made calculated in accordance with par. (b) and funding requirements adopted under sub. (2) (b) on no later than June 1 of the calendar year after the calendar year in which the statement of claims were filed.

2. The department shall pay participating counties claimants under subd. 1. from the appropriation under s. 20.370 (5) (fa) and from the appropriation under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq) payments made for county administrative costs under sub. (2) (d) and payments made for wildlife damage abatement assistance under sub. (5) (c). If the amount in the appropriation under s. 20.370 (5) (fa) and the amount remaining after these deductions from the appropriation under s. 20.370 (5) (fq) are not sufficient to pay the full amount required under subd. 1., the department shall pay participating counties claimants on a prorated basis.

27,1139ru Section 1139ru. 29.598 (7m) of the statutes is repealed and recreated to read:

29.598 (7m) Land required to be open to hunting; penalties. (a) Requirements. A person who receives wildlife damage abatement assistance or wildlife damage claim payments and any other person who owns, leases or controls the land where the wildlife damage occurred shall permit hunting of the type of wild animals causing the wildlife damage on that land and on contiguous land under the same ownership, lease or control. In order to satisfy the requirement to permit hunting under this subsection, the land shall be open to hunting during the appropriate open season. The county, with the assistance of the department, shall determine the acreage of land suitable for hunting.

(am) Exemption. The requirements to allow hunting under par. (a) do not apply to a person seeking wildlife damage abatement assistance if the person does not have authority to control entry on the land that is subject to those requirements and if the damage on the land is damage to apiaries.

(b) Penalties. If any person who is required to permit hunting on land as required under par. (a) fails to do so, the person is liable for all of the following:

1. Repayment of any money paid for the wildlife damage claim.

2. Payment of the cost of any wildlife damage abatement assistance paid for under this section.

3. Payment of the costs for reviewing and approving the wildlife damage claim or wildlife damage abatement assistance and the costs of investigating the failure to permit hunting on the land.

27,1139rv Section 1139rv. 29.598 (8c) of the statutes is created to read:

29.598 (8c) Amount of funding. In each fiscal year, the department shall submit to the joint committee on finance a proposal for the amount of funds to be expended under the wildlife damage claim and abatement program. The department may not expend any moneys in any fiscal year for the program until the joint committee on finance has approved the proposal for that fiscal year. The department may request the joint committee on finance to amend the amount of any expenditure approved under this subsection for a fiscal year and the committee may thereafter approve a revised amount for expenditure in that fiscal year.

27,1139rw Section 1139rw. 29.598 (8g) of the statutes is created to read:

29.598 (8g) Review. A participating county's determination of the amount of wildlife damage, the amount of a wildlife damage claim or the amount of wildlife damage abatement assistance shall be treated as final decisions for purposes of review.

27,1139rx Section 1139rx. 29.598 (8r) of the statutes is created to read:

29.598 (8r) Records; entry to land. (a) Records. A person receiving wildlife damage abatement assistance or wildlife damage claim payments shall retain all records as required by the participating county or the department and make them available to the participating county or the department for inspection at reasonable times.

(b) Entry to land. The department or a participating county may enter and inspect, at reasonable times, any land for which a wildlife damage claim has been filed or for which wildlife damage abatement measures have been implemented.

  (c) Responsibilities. No person may refuse entry or access to or withhold records from the department or the participating county under this subsection. No person may obstruct or interfere with an inspection by the department or a participating county under this subsection. The department or participating county if requested, shall furnish to the person a report setting forth all of the factual findings by the department or participating county that relate to the inspection.

27,1139ry Section 1139ry. 29.598 (9) of the statutes is created to read:

29.598 (9) Audits. The department shall conduct random audits of wildlife damage abatement claims paid, wildlife damage abatement measures recommended and wildlife damage assistance paid for under this section. The department shall conduct audits of all claims filed by, and payments made to, department employes and of all wildlife damage abatement measures for the benefit of crops, livestock or apiaries owned or controlled by these employes for which assistance was provided under sub. (5).

27,1139ryb Section 1139ryb. 29.598 (10) of the statutes is created to read:

29.598 (10) Negligence; fraud; penalties. (a) Liability. For a given wildlife damage statement of claim or application for wildlife damage abatement assistance, if the person filing the claim or applying for the assistance negligently makes, or causes to be made, a false statement or representation of a material fact in making the claim or application, the person is liable for all of the following:

1. Repayment of any money paid for the wildlife damage claim.

2. Payment of the cost of any wildlife damage abatement assistance paid for under this section.

3. Payment of the costs for reviewing and approving the wildlife damage claim or wildlife damage abatement assistance and the costs in investigating and determining whether a false statement or representation was made.

(b) Fraud. No person may knowingly make or cause to be made any false statement or representation of material fact under the wildlife damage abatement program or the wildlife damage claim program.

(c) Fraud; penalties. A court finding a person to be in violation of par. (b) may order any of the following:

1. That the person make any of the payments under par. (a) 1. to 3.

2. That the person pay a forfeiture equal to 2 times the total amount of wildlife damage claim payments received and the value of any wildlife damage abatement measures implemented, plus an amount not to exceed $1,000.

3. The revocation of the person's privileges or approvals under s. 29.99 (12) if the person violating par. (b) owns, leases or controls land, or owns livestock or apiaries, to which the false statement or representation relates.