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29.55
(2m) Subsections (1) and (2) do not apply to farm-raised deer
or
21farm-raised fish.
SB77-SSA1,526,223
29.572
(1) No person shall cause, authorize or permit any lands or waters to
24be posted with signs of any kind indicating that such lands or waters are licensed
1under
s. 29.52 or ss. 29.573 to 29.578 unless such lands and waters are in fact so
2licensed.
SB77-SSA1,526,84
29.585
(2) (a) In this section, "wild animal" means any mammal, fish or bird
5of a wild nature as distinguished from domestic animals under the common law or
6under the statutes whether or not the mammal, fish or bird was bred or reared in
7captivity, but does not include deer of the genus dama, cervus or rangifer
or
8farm-raised fish.
SB77-SSA1,526,1210
29.59
(1) (f) Notwithstanding s. 29.01 (14), "wild animal" means any
11undomesticated mammal or bird, but does not include farm-raised deer
or
12farm-raised fish.
SB77-SSA1,526,2014
29.59
(5) (a) The department may refuse to investigate under sub. (3) (a) if the
15person making the complaint refuses to
participate in any available accept or
16implement any wildlife damage abatement
program administered measures offered
17by the department under s. 29.598
(4) or refuses to follow
other reasonable
18abatement measures recommended by the department
or by the county in which the
19property is located if the county participates in a wildlife damage abatement
20program.
SB77-SSA1,527,222
29.59
(5) (b) Before taking action under sub. (3) (b) or (4), the department may
23require the person making the complaint to
participate in accept or implement any
24available wildlife damage abatement
program administered measures offered by the
1department under s. 29.598
(4) or to follow
other reasonable abatement measures
2recommended by the department.
SB77-SSA1,527,7
429.598 Wildlife damage claim and abatement program. (1) Definition. 5In this section, "wildlife damage" means damage caused to crops on agricultural
6land, including seedings, orchard trees and nursery stock, to apiaries or to livestock
7by any of the following noncaptive wild animals:
SB77-SSA1,527,1212
(e) Sandhill crane.
SB77-SSA1,527,15
14(2) Department powers and duties. (a)
Administration. The department shall
15administer the wildlife damage claim and abatement program.
SB77-SSA1,527,1916
(b)
Rules. To maximize the cost-effectiveness of the wildlife damage claim and
17abatement program, the department shall promulgate rules to establish eligibility
18requirements and funding requirements. The department shall also promulgate
19rules to establish all of the following:
SB77-SSA1,527,2120
1. Authorized wildlife damage abatement measures and methods for
21implementing and paying for these abatement measures.
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2. Claim and application forms and procedures.
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3. Procedures and standards for damage estimates.
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4. A methodology for proration of payments for wildlife damage claims.
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5. Procedures for record keeping, audits and inspections.
SB77-SSA1,528,5
1(c)
Rules; certification of wildlife damage estimators. The department shall
2establish and maintain a system for certifying wildlife damage estimators. The
3department shall establish training requirements and qualifications for wildlife
4damage estimators and shall provide or certify educational programs for this
5purpose.
SB77-SSA1,528,8
6(3) Wildlife damage claims. (a)
Persons eligible. An owner or lessee of land,
7a person who controls land or an owner of an apiary or livestock may submit a wildlife
8damage claim.
SB77-SSA1,528,99
(b)
Claim requirements. A claimant under par. (a) shall do all of the following:
SB77-SSA1,528,1010
1. Submit the claim on a claim form approved by the department.
SB77-SSA1,528,1411
2. Obtain from a wildlife damage estimator certified under sub. (2) (c) an
12estimate of the wildlife damage and a certification as to whether the damaged crops,
13apiary or livestock were managed in accordance with normal agricultural practices
14and submit the certification and estimate with the claim form.
SB77-SSA1,528,16
15(c)
Eligibility requirements. The department shall approve a wildlife damage
16claim if it finds all of the following:
SB77-SSA1,528,18
171. That the wildlife damage estimator certifies that the crops, apiary or
18livestock were managed in accordance with normal agricultural practices.
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192. That the form, contents and timing of the claim comply with the
20requirements of this section and rules promulgated under this section.
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3. That the claim was filed within 14 days after the time that the wildlife
22damage first occurred.
SB77-SSA1,528,24
234. That the claimant agrees to accept any wildlife damage abatement measures
24offered by the department under sub. (4) (c).
SB77-SSA1,529,4
1(d)
Payment of claims. 1. The department shall pay wildlife damage claims
2based on the amount claimed if the claim meets all of the requirements of par. (c).
3The amount paid for a wildlife damage claim shall be 80% of the amount claimed and
4the maximum amount of any claim shall be $25,000.
SB77-SSA1,529,6
52. The department shall pay wildlife damage claims no later than June 1 of the
6calendar year after the claim is submitted.
SB77-SSA1,529,107
(e)
Proration. For a given fiscal year, if the total amount remaining under the
8appropriation under s. 20.370 (5) (fq) after making the payments required under sub.
9(4) is insufficient to pay the total amount payable in wildlife damage claims under
10par. (d), the department shall prorate the payments for the damage claims.
SB77-SSA1,529,13
11(4) Wildlife damage abatement. (a)
Persons eligible. An owner or lessee of
12land, a person who controls land or an apiary or livestock owner is eligible for wildlife
13damage abatement assistance under this subsection.
SB77-SSA1,529,1614
(b)
Abatement requests. A person who is eligible under par. (a) may request that
15the department approve wildlife damage abatement measures and may apply for
16funding for the approved measures.
SB77-SSA1,529,19
17(c)
Abatement for wildlife damage claims. 1. The department may offer wildlife
18damage abatement measures to any person who is eligible under par. (a) as a
19condition for receiving a claim payment under sub. (3).
SB77-SSA1,529,2320
2. If a person refuses to accept the wildlife damage abatement measures offered
21by the department under subd. 1., the person may not receive a claim payment under
22sub. (3) for the land, apiaries or livestock that would have been subject to the
23abatement measures.
SB77-SSA1,530,324
(d)
Payment. The department may offer or approve only those wildlife damage
25abatement measures that are cost-effective in relation to the wildlife damage claim
1payments that would be paid if the wildlife damage abatement measures are not
2implemented. The department shall provide funding for the entire cost of any
3wildlife damage abatement measures implemented under this subsection.
SB77-SSA1,530,15
4(5) Land required to be open to hunting; penalties. (a)
Requirements. A
5person who receives wildlife damage abatement assistance or wildlife damage claim
6payments and any other person who owns, leases or controls the land where the
7wildlife damage occurred shall permit hunting of the wild animals causing the
8wildlife damage on that land and on contiguous land under the same ownership,
9lease or control. In order to satisfy the requirement to permit hunting under this
10subsection, the land shall be open to hunting during the appropriate open season.
11The department, shall determine the acreage of land suitable for hunting. This
12subsection does not prohibit a person who owns, leases or occupies land on which
13wildlife damage occurs and who does not have the authority to control entry on the
14land for the purposes of hunting from receiving wildlife damage abatement
15assistance or wildlife damage claim payments.
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(b)
Penalties. If any person who is required to permit hunting on land as
17required under par. (a) fails to do so, the person is liable for all of the following:
SB77-SSA1,530,1818
1. Repayment of any money paid for a wildlife damage claim.
SB77-SSA1,530,2019
2. Payment of the cost of any abatement funding or measures paid for by the
20department under this section.
SB77-SSA1,530,2321
3. Payment of the costs to the department for reviewing and approving the
22wildlife damage claim or abatement measure or abatement funding and the costs to
23the department in investigating the failure to permit hunting on the land.
SB77-SSA1,531,6
24(6) Amount of funding. In each fiscal year, the department shall submit to the
25joint committee on finance a proposal for the amount of funds to be expended under
1the wildlife damage claim and abatement program. The department may not expend
2any moneys in any fiscal year for the program until the joint committee on finance
3has approved the proposal for that fiscal year. The department may request the joint
4committee on finance to amend the amount of any expenditure approved under this
5subsection for a fiscal year and the committee may thereafter approve a revised
6amount for expenditure in that fiscal year.
SB77-SSA1,531,10
7(7) Review. The department's determination of the amount of wildlife damage,
8the amount of a wildlife damage claim or the requirements for and funding of wildlife
9damage abatement measures shall be treated as final decisions for purposes of
10review.
SB77-SSA1,531,14
11(8) Records; entry to land. (a)
Records. A person receiving wildlife damage
12abatement assistance or wildlife damage claim payments and a wildlife damage
13estimator shall retain all records as required by the department and make them
14available to the department for inspection at reasonable times.
SB77-SSA1,531,1715
(b)
Entry to land. The department may enter and inspect, at reasonable times,
16any land for which a wildlife damage claim has been submitted or for which wildlife
17damage abatement measures have been implemented.
SB77-SSA1,531,22
18(c)
Responsibilities. No person may refuse entry or access to or withhold
19records from the department under this subsection. No person may obstruct or
20interfere with an inspection by the department. The department, if requested, shall
21furnish to the person a report setting forth all of the factual findings by the
22department that relate to the inspection.
SB77-SSA1,532,4
23(9) Audits. The department shall conduct random audits of claims paid and
24abatement measures offered or approved under this section. The department shall
25conduct audits of all claims submitted by and payments made under sub. (3) to
1department employes or wildlife damage estimators certified under sub. (2) (c) and
2of all abatement measures for the benefit of crops, livestock or apiaries owned or
3controlled by these employes or damage estimators for which funding was provided
4under sub. (4).
SB77-SSA1,532,11
5(10) Negligence; fraud; penalties. (a)
Joint and several liability. For a given
6claim or request for wildlife damage claim payments or abatement funding under the
7wildlife damage claim and abatement program, if the person filing the claim or
8requesting the funding or the wildlife damage estimator negligently makes, or
9causes to be made, a false statement or representation of a material fact in making
10the claim or request, the person and the wildlife damage estimator are jointly and
11severally liable for all of the following:
SB77-SSA1,532,1212
1. Repayment of any money paid to the person filing the claim.
SB77-SSA1,532,1413
2. Payment of the cost of any abatement funding or measures paid for by the
14department under this section.
SB77-SSA1,532,1815
3. Payment of the costs to the department for reviewing and approving the
16wildlife damage claim or abatement measure or abatement funding and the costs to
17the department in investigating and determining whether a false statement or
18representation was made.
SB77-SSA1,532,2119
(b)
Fraud. No person may knowingly make or cause to be made any false
20statement or representation of material fact under the wildlife damage claim and
21abatement program.
SB77-SSA1,532,2322
(c)
Fraud; penalties. A court finding a person to be in violation of par. (b) may
23order any of the following:
SB77-SSA1,532,2424
1. That the person make any of the payments under par. (a) 1. to 3.
SB77-SSA1,533,3
12. That the person pay a forfeiture equal to 2 times the total amount of wildlife
2damage claim payments received and the value of any wildlife abatement measures
3implemented, plus an amount not to exceed $1,000.
SB77-SSA1,533,64
3. The revocation of the person's privileges or approvals under s. 29.99 (12) if
5the person violating par. (b) owns, leases or controls land, or owns livestock or
6apiaries, to which the false statement or representation relates.
SB77-SSA1,533,97
4. That the person be prohibited from receiving any benefits under the wildlife
8damage claim and abatement program for a period of 10 years commencing after the
9day that the false statement or representation occurred.
SB77-SSA1,533,1210
(d)
Penalties; fraud; damage estimators. The department shall revoke the
11certification under sub. (2) (c) of a wildlife damage estimator whom a court finds to
12be in violation of par. (b).
SB77-SSA1,533,1813
(e)
Other liability. Any person who owns, leases or controls land or owns
14livestock or apiaries for which a benefit was received in violation of par. (b) is not
15eligible for any benefits under the wildlife damage claim and abatement program for
16a period of 10 years commencing after the day on which the false statement or
17representation occurred, regardless of whether the person knew or should have
18known of the false statement or misrepresentation.
SB77-SSA1,533,21
19(11) Annual report. (a)
Contents. The department shall prepare an annual
20report concerning wildlife damage and the wildlife damage claim and abatement
21program, including a summary of each of the following:
SB77-SSA1,533,2222
1. All of the wildlife damage believed to have occurred in the state.
SB77-SSA1,533,2323
2. The wildlife damage claims that were submitted under this section.
SB77-SSA1,533,2524
3. The wildlife damage abatement measures that were offered or approved
25under this section.
SB77-SSA1,534,2
14. The percentage of the total number of submitted wildlife damage claims that
2are rejected for failure to meet the requirements of the program.
SB77-SSA1,534,43
5. The percentage of the total number of wildlife damage claims for which the
4amount of the payment to the claimant was prorated under sub. (3) (e).
SB77-SSA1,534,95
(b)
Submission; distribution. 1. The department shall submit the report under
6this subsection no later than January 1 of each year for distribution to the
7appropriate standing committee of the legislature in the manner provided under s.
813.172 (3). Except as provided in subd. 2., the report shall cover the 12-month period
9ending on the October 31 that immediately precedes the date of the report.
SB77-SSA1,534,1110
2. The report that is submitted before January 1, 1999, shall cover the
1110-month period ending on October 31, 1998.
SB77-SSA1,534,1513
29.60
(2g) Subsections (1) and (2) do not apply to toxicants placed in the waters
14of a fish farm or a state or municipal fish hatchery that are necessary to the operation
15of the fish farm or fish hatchery.
SB77-SSA1,534,1717
29.62
(4) This section does not apply to farm-raised fish.
SB77-SSA1,534,24
1929.623 Control of detrimental fish. When the department finds that any
20species of fish is detrimental to any of the waters of the state it may, by rule, designate
21such species of fish and specify the waters in which such fish are found to be
22detrimental. Thereupon the department may remove such fish from the waters
23specified or cause them to be removed therefrom.
This section does not apply to
24farm-raised fish.
SB77-SSA1,535,4
129.645 Larceny of game. A person who, without permission of the owner,
2molests, disturbs or appropriates any wild animal or its carcass that has been
3lawfully reduced to possession by another shall forfeit not less than $1,000 nor more
4than $2,000. This section does not apply to farm-raised deer
or farm-raised fish.
SB77-SSA1,535,116
29.65
(1) (intro.) The department may bring a civil action in the name of the
7state for the recovery of damages against any person
unlawfully killing, wounding,
8catching, taking, trapping
, or having unlawfully in possession or possessing in
9violation of this chapter any of the following named protected wild animals, birds,
10or fish, or any part of an animal, bird or fish, and the sum assessed for damages for
11each wild animal, bird, or fish shall be not less than the amount stated in this section:
SB77-SSA1,535,2013
29.99
(15) In any prosecution under this section it is not necessary for the state
14to allege or prove that the animals were not farm-raised deer
, farm-raised fish or
15domesticated animals
;, that they were not taken for scientific purposes, or that they
16were taken or in possession or under control without a required approval. The person
17claiming that these animals were farm-raised deer
, farm-raised fish or
18domesticated animals, that they were taken for scientific purposes or that they were
19taken or in possession or under control under the required approval, has the burden
20of proving these facts.