NR 12.51
NR 12.51
Applicability. This subchapter applies to claims for damages caused by E/T species and gray wolves. It is not applicable to damage caused by gray wolves when the department authorizes either public hunting or trapping of gray wolves, or both.
NR 12.51 History
History:
CR 05-004:
CR 05-005: cr.
Register October 2005 No. 598, eff. 11-1-05.
NR 12.52
NR 12.52
Definitions. For the purposes of this subchapter:
NR 12.52(1)
(1) “Confirmed depredation" means that the department has found clear evidence that wolves or an E/T species were responsible for the depredation or injury, such as a carcass present with bite marks and associated hemorrhaging, tracks in the immediate vicinity or other sign.
NR 12.52(2)
(2) “Confirmed non-wolf or non-E/T species depredation" means the department has found conclusive evidence that something other than an E/T species or wolf killed or injured the animal.
NR 12.52(3)
(3) “Department" means the Wisconsin department of natural resources or agents designated by the department.
NR 12.52(4)
(4) “E/T species" means any animal on the Wisconsin list of endangered species under s.
NR 27.02 or threatened species under s.
NR 27.03.
NR 12.52(5)
(5) “Hunting dogs" means any dog used in the pursuit of game animals.
NR 12.52(6)
(6) “Livestock" means the following farm animals: bison and other bovine animals, sheep, goats, swine, farm-raised deer, equine animals, poultry, ratites, llamas, alpacas, captive game animals, guard animals for livestock, and fish.
NR 12.52(7)
(7) “Pets" mean dogs and other domestic animals maintained as companion animals.
NR 12.52(8)
(8) “Probable depredation" means that the department did not find a carcass from a reported depredation or the damage observed on the carcass was inconclusive but there is evidence of depredation such as a kill site, blood trails, tracks or scat located in the immediate vicinity.
NR 12.52(9)
(9) “Unconfirmed depredation" means any depredation that is not a confirmed depredation or a probable depredation.
NR 12.52 History
History:
CR 05-004:
CR 05-005: cr.
Register October 2005 No. 598, eff. 11-1-05.
NR 12.53
NR 12.53
Depredation verification procedures. NR 12.53(1)(1)
Response time. Any person who believes that livestock, pets or hunting dogs owned by the person has been injured or killed by an E/T species or a gray wolf and wishes to seek compensation under this subchapter shall contact the department within 24 hours of the depredation or within 24 hours of becoming aware of missing livestock, pets or hunting dogs. The complainant shall provide the location of the depredation and a description of the animals injured, killed or missing. The department shall make an onsite inspection within 48 hours of receipt of the complaint and draft a written report of the investigation, which shall include an estimate of the value of the loss.
NR 12.53 Note
Note: The Department will contract with the U.S. Department of Agriculture-APHIS-Wildlife Services to handle complaint contacts and response.
NR 12.53(2)
(2) Verification categories. Each complaint received under this section shall be classified by the department under one of the following:
NR 12.53(3)
(3) Claim submittal. The complainant shall submit a claim for reimbursement within 14 days of the loss on forms provided by the department.
NR 12.53 History
History:
CR 05-004:
CR 05-005: cr.
Register October 2005 No. 598, eff. 11-1-05.
NR 12.54
NR 12.54
Depredation reimbursement procedures. NR 12.54(1)(a)(a)
Verified claims. Only cases classified as confirmed depredation or probable depredation by the department shall be eligible for reimbursement, except as provided in sub.
(2) (c).
NR 12.54(1)(b)
(b) Compliance. Claimants need to be in compliance with carcass disposal requirements of s.
95.50, Stats., for livestock claims and, for farm-raised deer claims, the farm-raised deer fencing requirements of ss.
90.20 and
90.21, Stats., in order to be eligible for reimbursement.
NR 12.54 Note
Note: Section
95.50, Stats., regulates disposal of livestock carcasses and requires burning or burying the carcass when the animal is suspected of dying from highly dangerous diseases. Sections
90.20 and
90.21, Stats., specify fencing requirements for those who raise or keep farm-raised deer.
NR 12.54(2)(a)
(a)
Livestock. The department shall reimburse the claimant the fair market value, that is the feeder market value for young of the year or replacement value for adult (1+ years), of livestock killed by E/T species or wolves not to exceed the established maximum for that animal type. A maximum amount to be paid for each type of animal shall be established annually by the department. These maximums shall be determined each year by January 30, by a panel of 3 agriculture experts, one each from Wisconsin department of agriculture, trade and consumer protection, University of Wisconsin-Madison agricultural extension, and the Wisconsin farm bureau federation.
NR 12.54 Note
Note: The list of maximum allowable claims will be available from the Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707-7921.
NR 12.54(2)(am)
(am)
Hunting dogs and pets. The department shall reimburse the claimant the fair market value based upon recent sale records for similar animals of hunting dogs or pets killed by E/T species or wolves up to a maximum of $2,500 per animal.
NR 12.54(2)(b)
(b) Veterinary expenses. The department shall pay for all veterinary expenses incurred in the treatment of livestock, hunting dogs or pets injured by E/T species or wolves. If the animal dies from the injury, the veterinary treatment costs shall be paid in addition to the fair market value of the animal. If the animal does not die, only the veterinary treatment costs shall be paid. A detailed receipt shall be submitted to the department within 14 days of paying the veterinarian bill.
NR 12.54(2)(c)
(c) Missing calves. The department shall reimburse the claimant for missing calves beyond those that would be lost according to the normal mortality rate determined by U.S. department of agriculture and that research has shown to be attributed to wolf depredation when all of the following criteria are met:
NR 12.54(2)(c)1.
1. The claimant tags all calves within 2 weeks of birth and provides a list certifying to the department an exact count at the beginning of the grazing season including information on the tag number, date and sex of all calves.
NR 12.54(2)(c)2.
2. The claimant records and provides a list certifying to the department an exact count of all calves rounded up at the end of the grazing season and a list of all tagged calves determined to be missing.
NR 12.54(2)(c)3.
3. The claimant provides a list certifying to the department all known deaths and losses of calves during the grazing season.
NR 12.54(2)(c)4.
4. The department has documented that at least one livestock loss on the claimant's property within the same grazing season that is verified as a confirmed or probable wolf depredation and there is evidence that wolves continued to be present on the property during that period of time.
NR 12.54(2)(c)5.
5. The claimant certifies that they will cooperate with any research conducted by the department to determine the amount of mortality of missing calves that is caused by wolves, if such cooperation does not impact the claimant economically in a significant manner or impose an unreasonable burden or hardship on the claimant. Disputes as to whether claimants are impacted economically in a significant manner or what is an unreasonable burden or hardship shall be resolved by the panel of 3 agricultural experts identified in par.
(a).
NR 12.54 Note
Note: The U.S. department of agriculture calculates the normal calf mortality rate for beef cow-calf operations nationwide. In 2003 that rate was 2.3%. The department will conduct scientific field research in Wisconsin to determine how much mortality to missing calves can be attributed to wolves.
NR 12.54(3)
(3) Insurance. The department shall reimburse owners for losses due to E/T species or wolf depredation regardless of any other insurance the owner may have on the animals that were killed or injured.
NR 12.54 History
History:
CR 05-004:
CR 05-005: cr.
Register October 2005 No. 598, eff. 11-1-05.
NR 12.55
NR 12.55
Personal property. The department may not provide compensation for damage done by E/T species or wolves to personal property other than livestock, hunting dogs and pets.
NR 12.55 History
History:
CR 05-004:
CR 05-005: cr.
Register October 2005 No. 598, eff. 11-1-05.
