1997 Wisconsin Act 27

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27,1139rq Section 1139rq. 29.598 (7) (b) of the statutes is repealed and recreated to read: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27,1139rs Section 1139rs. 29.598 (7) (c) of the statutes is repealed.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

4. That the person be prohibited from receiving any benefits under the wildlife damage abatement program or the wildlife damage claim program for a period of 10 years commencing after the day that the false statement or representation occurred.

(d) Other liability. Any person who owns, leases or controls land or owns livestock or apiaries for which a benefit was received in violation of par. (b) or who fails to allow hunting as required under sub. (7m) is not eligible for any benefits under the wildlife damage abatement program or the wildlife damage claim program for a period of 10 years commencing after the day on which the false statement or representation occurred, regardless of whether the person knew or should have known of the false statement or misrepresentation.

27,1139ryd Section 1139ryd. 29.598 (11) of the statutes is created to read:

29.598 (11) Annual report. (a) Contents. The department shall prepare an annual report concerning wildlife damage, the wildlife damage abatement program and the wildlife damage claim program, including a summary of each of the following:

1. All of the wildlife damage believed to have occurred in the state.

2. The wildlife damage claims that were filed under this section.

3. The wildlife damage abatement measures that were recommended or implemented under this section.

4. The percentage of the total number of filed wildlife damage claims that are rejected for failure to meet the requirements of the programs.

5. The percentage of the total number of wildlife damage claims for which the amount of the payment to the claimant was prorated under sub. (7) (d).

(b) Submission; distribution. The department shall submit the report under this subsection no later than June 1 of each year for distribution to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). The first report shall be submitted no later than June 1, 1999. Each report shall cover the 12-month period ending on the December 31 that immediately precedes the date of the report.

27,1139s Section 1139s. 29.60 (2g) of the statutes is created to read:

29.60 (2g) (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.

(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.

27,1139tm Section 1139tm. 29.62 (1) of the statutes is amended to read:

29.62 (1) The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state, other than waters in a self-contained fish rearing facility or in a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water.

27,1139um Section 1139um. 29.623 of the statutes is renumbered 29.623 (1).

27,1139ur Section 1139ur. 29.623 (2) of the statutes is created to read:

29.623 (2) Subsection (1) does not authorize the department to remove fish from a self-contained fish rearing facility or from a preexisting fish rearing facility that is an artificial body of water unless one or more of the following apply:

(a) The fish are of a species that is not native to this state and the department determines that having the fish in that particular self-contained fish rearing facility or preexisting fish rearing facility poses a risk of being detrimental to the waters of the state.

(b) The department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish to address a problem affecting fish health.

27,1139v Section 1139v. 29.645 of the statutes is amended to read:

29.645 Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer or farm-raised fish.

27,1139vv Section 1139vv. 29.65 (1) (intro.) of the statutes is amended to read:

29.65 (1) (intro.) The department may bring a civil action in the name of the state for the recovery of damages against any person unlawfully killing, wounding, catching, taking, trapping, or having unlawfully in possession 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:

27,1139w Section 1139w. 29.99 (15) of the statutes is amended to read:

29.99 (15) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not farm-raised deer, farm-raised fish or domesticated animals;, that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were farm-raised deer, farm-raised fish or domesticated animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts.

27,1139we Section 1139we. 30.01 (1c) of the statutes is amended to read:

30.01 (1c) “Boat shelter" means a structure in navigable waters designed and constructed for the purpose of providing cover for a berth place for watercraft, which may have has a roof but may does not have walls or sides. Such a structure may include a boat hoist device for lifting a boat.

27,1139wg Section 1139wg. 30.01 (5) of the statutes is amended to read:

30.01 (5) “Pier" means any structure extending into navigable waters from the shore with water on both sides, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat shelter which is removed seasonally. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally.

27,1139wi Section 1139wi. 30.01 (8) of the statutes is amended to read:

30.01 (8) “Wharf" means any structure in navigable waters extending along the shore and generally connected with the uplands throughout its length, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally.

27,1139x Section 1139x. 30.1255 (1) (intro.) and (a) of the statutes are consolidated, renumbered 30.1255 (1) and amended to read:

30.1255 (1) (title) Definitions Definition. In this section: (a) “Aquatic, “aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters or that threatens a commercial, agricultural, aquacultural or recreational activity dependent on infested waters.

27,1139y Section 1139y. 30.1255 (1) (b) of the statutes is repealed.

27,1139z Section 1139z. 30.1255 (2) of the statutes is repealed.

27,1139zb Section 1139zb. 30.1255 (3) (a) (intro.) of the statutes is amended to read:

30.1255 (3) (a) (intro.) After consulting with the council, the The department shall submit periodically to the legislature reports describing all of the following:

27,1139zm Section 1139zm. 30.135 of the statutes is created to read:

30.135 Regulation of water ski platforms and jumps. (1) When permit required. (a) A riparian proprietor may place a water ski platform or water ski jump in a navigable waterway without obtaining a permit if all of the following requirements are met:

1. The platform or jump does not interfere with public rights in navigable waters.

2. The platform or jump does not interfere with rights of other riparian proprietors.

3. The platform or jump is located at a site that ensures adequate water depth and clearance for safe water skiing.

(b) If the department determines that any of the requirements under par. (a) are not met, the riparian owner shall submit a permit application to the department.

(2) Notice and hearing procedure. (a) Upon receipt of a complete permit application, the department shall either order a hearing or provide notice stating that it will proceed on the application without a hearing unless a substantive written objection to issuance of the permit is received within 30 days after publication of the notice. The department shall provide a copy of the notice to the applicant for the permit, the clerk of each municipality in which the water ski platform or water ski jump is to be located and to any other person required by law to receive notice. The department may provide notice to other persons as it considers appropriate. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.

(b) If the department receives no substantive written objection to the permit and proceeds on the permit application without a hearing, the department shall approve or disapprove the permit within 5 days after the date that the 30-day period under par. (a) expires.