AB100-SA1,32,7
6"
Section 852fb. 25.40 (1) (a) 17. of the statutes, as created by 1997 Wisconsin
7Act .... (this act), is repealed.".
AB100-SA1,32,9
9"
Section 883m. 25.46 (6r) of the statutes is repealed.".
AB100-SA1,32,11
11"
Section 898m. 25.46 (18r) of the statutes is created to read:
AB100-SA1,32,1312
25.46
(18r) The fees received under s. 295.15 for environmental
13management.".
AB100-SA1,32,19
15"29.092
(14) (c)
Use of surcharge fees. The wildlife damage surcharge shall be
16collected as are other approval fees and the surcharge fees shall be deposited in the
17conservation fund to be used for the wildlife damage abatement
program, the wildlife
18damage and claim program
, for wildlife abatement and control grants under s.
1929.595 and for removal activities by the department under s. 29.59.".
AB100-SA1,32,21
21"
Section 1105r. 29.33 (4m) (c) (intro.) of the statutes is amended to read:
AB100-SA1,33,322
29.33
(4m) (c) (intro.) A commercial fisher licensed under sub. (1) may fish by
23trawl for the total allowable commercial harvest of smelt, as set by rule by the
1department, on the waters of Green Bay at any time during
nighttime hours the
2period beginning one hour after sunset and ending 3 hours after sunrise if all of the
3following apply:
AB100-SA1,33,65
29.33
(4m) (c) 2. The fishing occurs in the areas and during the seasons
6established by the department for the fishing of smelt
on Green Bay.
AB100-SA1,33,108
29.33
(4m) (d) A commercial fisher licensed under sub. (1) may fish by trawl
9for the total allowable commercial harvest of smelt, as set by rule by the department,
10on Lake Michigan during any month except May if all of the following apply:
AB100-SA1,33,1111
1. The smelt will be used or sold for human consumption.
AB100-SA1,33,1312
2. The fishing occurs in the areas and during the hours established by the
13department for the fishing of smelt on Lake Michigan.
AB100-SA1,33,1615
29.33
(4m) (e) The department shall establish by rule a harvest limit for alewife
16on the waters of Green Bay and Lake Michigan.".
AB100-SA1,33,19
18"
Section 1119b. 29.405 (1) (intro.) and (b) of the statutes are consolidated,
19renumbered 29.405 (1) and amended to read:
AB100-SA1,33,2220
29.405
(1) In this section
: (b) "Group
, "group deer hunting party" means 2 or
21more hunters hunting in a group all using firearms
or all using bows and arrows,
22each of whom holds an individual license to hunt deer.
AB100-SA1, s. 1119d
1Section 1119d. 29.405 (2) (intro.) and (b) of the statutes are consolidated,
2renumbered 29.405 (2) and amended to read:
AB100-SA1,34,73
29.405
(2) Any member of a group deer hunting party
who are all using
4firearms may kill a deer for another member of the group deer hunting party if
both
5of the following conditions exist: (b) The the person for whom the deer is killed
6possesses a current unused deer carcass tag which is authorized for use on the deer
7killed.
AB100-SA1,34,1310
29.405
(2m) Any member of a group deer hunting party who are all using bows
11and arrows may kill an antlerless deer for another member of the group deer hunting
12party if the person for whom the antlerless deer is killed possesses a current unused
13deer carcass tag which is authorized for use on the antlerless deer killed.
AB100-SA1,34,2215
29.405
(3) A person who kills a deer under sub. (2)
or (2m) shall
ensure that 16inform a member of his or her group deer hunting party
without delay of the kill and
17shall ensure that the member attaches
a his or her current validated deer carcass tag
18to the deer in the manner specified under s. 29.40 (2)
. The person who kills the deer
19may not leave the deer unattended until after it is tagged within one hour after the
20deer is killed. The person who killed the deer may not use a telephone, cellular
21mobile telecommunications device, radio or other means of electronic
22communication to inform any member of the group deer hunting party of the kill.".
AB100-SA1,35,4
3"
Section 1139rb. 29.598 (1) of the statutes is renumbered 29.598 (1) (intro.)
4and amended to read:
AB100-SA1,35,85
29.598
(1) Definition. (intro.) In this section, "wildlife damage" means damage
6caused by
deer that live in the wild, bear or geese to commercial seedings or crops on
7agricultural land, to orchard trees or nursery stock or to apiaries or livestock. any of
8the following noncaptive wild animals:
AB100-SA1,35,1010
29.598
(1) (a) Deer.
AB100-SA1,35,1514
(e) Sandhill crane if hunting of sandhill cranes is authorized by the
15department.
AB100-SA1, s. 1139rc
16Section 1139rc. 29.598 (2) (b) of the statutes is renumbered 29.598 (2)(b)
17(intro.) and amended to read:
AB100-SA1,35,2218
29.598
(2) (b) (title)
Eligibility and funding requirements; rules. (intro.) The
19department shall promulgate rules for eligibility and funding requirements for the
20wildlife damage abatement program and the wildlife damage claim program in order
21to maximize the cost-effectiveness of these programs.
The department shall also
22promulgate rules to establish all of the following:
AB100-SA1,36,2
129.598
(2) (b) 1. Authorized wildlife damage abatement measures and methods
2for implementing and paying for these abatement measures.
AB100-SA1,36,43
2. Forms and procedures for payment and processing of statement of claims and
4applications for abatement assistance.
AB100-SA1,36,55
3. Procedures and standards for determining the amount of wildlife damage.
AB100-SA1,36,66
4. A methodology for proration of wildlife damage claim payments.
AB100-SA1,36,77
5. Procedures for record keeping, audits and inspections.
AB100-SA1,36,139
29.598
(4) (b)
Filing of application. In order to be eligible for wildlife damage
10abatement assistance, a person is required to file an application with the
11participating county in a form acceptable to the county.
An owner or lessee of land,
12a person who controls land or an owner of an apiary or livestock may file an
13application.
AB100-SA1,36,2015
29.598
(4) (bn)
Type of wildlife damage. In order to be eligible for wildlife
16damage abatement assistance, the type of wildlife damage to be abated shall be
17limited to damage to commercial seedings or crops growing on agricultural land,
18damage to crops that have been harvested for sale or further use but that have not
19been removed from the agricultural land, damage to orchard trees or nursery stock
20or damage to apiaries or livestock.
AB100-SA1, s. 1139rg
21Section 1139rg. 29.598 (5) (b) (intro.) and 1. of the statutes are consolidated,
22renumbered 29.598 (5) (b) and amended to read:
AB100-SA1,37,223
29.598
(5) (b)
Assistance. A participating county may provide wildlife damage
24assistance where wildlife damage is occurring or is likely to occur for
: 1. The the
1reimbursement of costs associated with wildlife damage abatement measures
if the
2measures are authorized in the plan of administration under sub. (3) (c) 2.
AB100-SA1,37,85
29.598
(5) (bm)
Cost-effectiveness of abatement. A participating county may
6recommend only those wildlife damage abatement measures that are cost-effective
7in relation to the wildlife damage claim payments that would be paid if the wildlife
8damage abatement measures are not implemented.
AB100-SA1,37,1310
29.598
(5) (c)
State aid. The department
may shall pay participating counties
11up to 50% 75% of the actual cost of providing wildlife damage abatement assistance
12if wildlife damage abatement measures are carried out in full compliance with the
13direction of the county and with funding requirements adopted under sub. (2) (b).
AB100-SA1,37,1915
29.598
(6) (b)
Filing of claim; form. In order to be eligible for wildlife damage
16claim payments, a person is required to file a statement of claim with the
17participating county department in a form acceptable to the
county department. An
18owner or lessee of land, a person who controls land or an owner of an apiary or
19livestock may file a statement of claim.
AB100-SA1,37,2521
29.598
(6) (d)
Compliance with wildlife damage abatement measures. In order
22to be eligible for wildlife damage claim payments
for an occurrence of wildlife
23damage, a person seeking wildlife damage claim payments shall
comply have
24complied with any wildlife damage abatement measures
to abate that wildlife
25damage that were recommended by the county.
AB100-SA1,38,62
29.598
(6) (dm)
Compliance with normal agricultural practices. In order to be
3eligible for wildlife damage claim payments, a person seeking wildlife damage claim
4payments shall have managed the seedings, crops, orchard trees, nursery stock,
5apiaries or livestock which the person is seeking the claim payments in accordance
6with normal agricultural practices.
AB100-SA1,38,138
29.598
(6) (em)
Type of wildlife damage. The type of wildlife damage that is
9eligible for wildlife damage claim payments shall be limited to damage to commercial
10seedings or crops growing on agricultural land, damage to crops that have been
11harvested for sale or further use but that have not been removed from the
12agricultural land, damage to orchard trees or nursery stock or damage to apiaries or
13livestock.
AB100-SA1,38,1715
29.598
(7) (a)
Investigation. A participating county shall investigate each
16statement of claim and determine the
total amount of the wildlife damage
that
17occurred, regardless of the amount that may be eligible for payment under par. (b).
AB100-SA1, s. 1139rq
18Section 1139rq. 29.598 (7) (b) of the statutes is repealed and recreated to read:
AB100-SA1,38,2119
29.598
(7) (b)
Calculating amount of payment. In calculating the amount of the
20wildlife damage claim payment to be paid for a claim under par. (a), the participating
21county shall determine the amount as follows:
AB100-SA1,38,2322
1. If the amount of the claim is $250 or less, the claimant will receive no
23payment.
AB100-SA1,38,2524
2. If the amount of claim is more than $250 but not more than $5,250, the
25claimant will be paid 100% of the amount of the claim that exceeds $250.
AB100-SA1,39,3
13. If the amount of the claim is more than $5,250, the claimant will be paid the
2amount calculated under subd. 2., plus 80% of the amount of the claim that exceeds
3$5,250, subject to subd. 4.
AB100-SA1,39,54
4. The total amount paid to a claimant under this paragraph may not exceed
5$15,000 for each claim.
AB100-SA1,39,127
29.598
(7) (bm) If the land where the wildlife damage occurred is located in
8more than one participating county and the person files a statement of claim with
9more than one participating county,
then the monetary restriction under par. (b) 3. 10the amount of the claim, as determined under par. (a), shall be prorated between or
11among the participating counties based on the amount of wildlife damage occurring
12in each county.
AB100-SA1,39,1915
29.598
(7) (d)
State aid. 1. Except as provided under subd. 2., the department
16shall pay
participating counties claimants the full amount of wildlife damage claim
17payments
made calculated in accordance with par. (b) and funding requirements
18adopted under sub. (2) (b)
on no later than June 1 of the calendar year after the
19calendar year in which the statement of claims were filed.
AB100-SA1,40,320
2. The department shall pay
participating counties
claimants under subd. 1.
21from the appropriation under
s. 20.370 (5) (fa) and from the appropriation under s.
2220.370 (5) (fq) after first deducting from s. 20.370 (5) (fq) payments made for county
23administrative costs under sub. (2) (d) and payments made for wildlife damage
24abatement assistance under sub. (5) (c). If the amount
in the appropriation under
25s. 20.370 (5) (fa) and the amount remaining after these deductions from the
1appropriation under s. 20.370 (5) (fq) are not sufficient to pay the full amount
2required under subd. 1., the department shall pay
participating counties claimants 3on a prorated basis.
AB100-SA1, s. 1139ru
4Section 1139ru. 29.598 (7m) of the statutes is repealed and recreated to read:
AB100-SA1,40,135
29.598
(7m) Land required to be open to hunting; penalties. (a)
6Requirements. A person who receives wildlife damage abatement assistance or
7wildlife damage claim payments and any other person who owns, leases or controls
8the land where the wildlife damage occurred shall permit hunting of the type of wild
9animals causing the wildlife damage on that land and on contiguous land under the
10same ownership, lease or control. In order to satisfy the requirement to permit
11hunting under this subsection, the land shall be open to hunting during the
12appropriate open season. The county, with the assistance of the department, shall
13determine the acreage of land suitable for hunting.
AB100-SA1,40,1714
(am)
Exemption. The requirements to allow hunting under par. (a) do not apply
15to a person seeking wildlife damage abatement assistance if the person does not have
16authority to control entry on the land that is subject to those requirements and if the
17damage on the land is damage to apiaries.