29.586(4)
(4) This section does not apply to farm-raised deer.
29.586 History
History: 1975 c. 365 s.
62;
1995 a. 79.
29.59
29.59
Removal of wild animals. 29.59(1)
(1)
Definitions. In this section:
29.59(1)(a)
(a) "Damage" means harm to forest products; streams; roads; dams; buildings; orchards; apiaries; livestock; and commercial agricultural crops, including Christmas trees and nursery stock.
29.59(1)(b)
(b) "Daylight hours" means the time from one hour before sunrise until one hour after sunset.
29.59(1)(c)
(c) "Private property holder" means an owner, lessee or occupant of private property.
29.59(1)(d)
(d) "Removal activity" means removing or authorizing the removal of a wild animal that is causing damage or that is causing a nuisance or the removal of a structure of a wild animal that is causing damage or that is causing a nuisance.
29.59(1)(e)
(e) "Remove" means capture, shoot, set a trap for, relocate, or otherwise destroy or dispose of.
29.59(1)(f)
(f) Notwithstanding
s. 29.01 (14), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer.
29.59(2)
(2) Department authority. The department may remove or authorize the removal of all of the following:
29.59(2)(a)
(a) A wild animal that is causing damage or that is causing a nuisance.
29.59(2)(b)
(b) A structure of a wild animal that is causing damage or that is causing a nuisance.
29.59(3)(a)(a) Within 48 hours after receipt of a written complaint from a person who owns, leases or occupies property on which a wild animal or a structure of a wild animal is allegedly causing damage, the department shall both investigate the complaint and determine whether or not to authorize removal.
29.59(3)(b)
(b) The department may remove or authorize removal of the wild animal or the structure of the wild animal if it finds that the wild animal or the structure is causing damage on the property.
29.59(3)(c)
(c) A person who owns, leases or occupies property outside an incorporated municipality on which a wild animal or a structure of a wild animal is allegedly causing damage and who has made a complaint under
par. (a), may remove the wild animal or the structure during daylight hours if all of the following conditions apply:
29.59(3)(c)1.
1. The department has failed, within 48 hours after the receipt of the complaint, to investigate the complaint and to determine whether or not to authorize removal.
29.59(3)(d)
(d) A person who owns, leases or occupies property located within an incorporated municipality on which a wild animal or the structure of a wild animal is allegedly causing damage may capture and relocate the wild animal or may relocate its structure if the person has made a complaint under
par. (a) and all the conditions under
par. (c) 1. to
3. apply.
29.59(4)(a)(a) Upon the receipt of a complaint from a person who owns, leases or occupies property on which a wild animal or a structure is allegedly causing a nuisance, the department may investigate the complaint.
29.59(4)(b)
(b) The department may remove or authorize the removal of the wild animal or the structure of a wild animal if it finds that the wild animal or the structure is causing a nuisance on the property.
29.59(4m)
(4m) Hunting allowed. If the department removes or authorizes the removal of a wild animal or the structure of a wild animal under
sub. (3) (b), the person who owns, leases or occupies the property on which the damage occurred shall open the property to others for hunting and trapping for one year beginning on the date on which the removal activity started unless hunting is prohibited under this chapter, rules promulgated under this chapter or any municipal ordinance.
29.59(5)(a)(a) The department may refuse to investigate under
sub. (3) (a) if the person making the complaint refuses to participate in any available wildlife damage abatement program administered under
s. 29.598 or refuses to follow reasonable abatement measures recommended by the department or by the county in which the property is located if the county participates in a wildlife damage abatement program.
29.59(5)(b)
(b) Before taking action under
sub. (3) (b) or
(4), the department may require the person making the complaint to participate in any available wildlife damage abatement program administered under
s. 29.598 or to follow reasonable abatement measures recommended by the department.
29.59(6)
(6) Owner liability for beaver damage. A person who owns, leases or occupies property on which a beaver or a beaver structure is causing damage and who fails or refuses to give consent to the department to remove the beaver or the structure is liable for any damage caused by the beaver or the structure to public property or the property of others.
29.59(7)
(7) No duty; immunity from liability. 29.59(7)(a)(a) Except as provided in
par. (d), no private property holder and no officer, employe or agent of a property holder owes any of the following duties to any person who enters the private property holder's property solely to engage in a removal activity:
29.59(7)(a)1.
1. A duty to keep the property safe for removal activities.
29.59(7)(a)3.
3. A duty to give warning of an unsafe condition, use or activity on the property.
29.59(7)(b)
(b) Except as provided in
par. (d), no private property holder and no officer, employe or agent of a private property holder is liable for any of the following injuries that occur on the private property holder's property:
29.59(7)(b)1.
1. An injury to a person engaging in a removal activity.
29.59(7)(b)2.
2. An injury caused by a person engaging in a removal activity.
29.59(7)(c)
(c) Except as provided in
par. (d), nothing in this subsection,
s. 101.11 or in the common law attractive nuisance doctrine creates any duty of care or ground of liability toward any person who uses private property holder's property for a removal activity.
29.59(7)(d)
(d) Paragraphs (a) to
(c) do not apply if any of the following conditions exist:
29.59(7)(d)1.
1. An injury is caused by the malicious failure of the private property holder or an officer, employe or agent of the private property holder to warn against an unsafe condition on the property, of which the private property holder has knowledge.
29.59(7)(d)2.
2. An injury is caused by a malicious act of a private property holder or of an officer, employe or agent of a private property holder.
29.59(7)(d)3.
3. An injury is sustained by an employe of a private property holder acting within the scope of his or her duties.
29.598
29.598
Wildlife damage abatement program; wildlife damage claim program. 29.598(1)
(1)
Definition. 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.
29.598(2)(a)(a)
Assistance. The department shall assist counties in developing and administering the wildlife damage abatement and wildlife damage claim programs. The department shall provide this assistance through technical aid, program guidance, research, demonstration, funding, plan review, audit and evaluation services.
29.598(2)(b)
(b)
Eligibility and funding requirements. 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.
29.598(2)(c)
(c)
Review of county administration plans. The department shall provide guidelines to counties applying for participation in the wildlife damage abatement and wildlife damage claim programs under
sub. (3) (b). The department shall review each plan of administration submitted under
sub. (3) (c) and shall approve the plan if it is in substantial compliance with
sub. (3) (c) and the administrative rules promulgated by the department.
29.598(2)(d)
(d)
Administrative funds. The department shall provide funding to each county participating in the wildlife damage abatement program, wildlife damage claim program or both for costs incurred in administering these programs. The amount of funding to be allocated for each county shall be based on the estimate of anticipated administrative costs prepared under
sub. (3) (c) 8. but the department shall determine payments based on the actual administrative costs incurred. If actual costs exceed the estimate, the department may allocate additional funding based on criteria and using procedures established by rule.
29.598(3)(a)(a)
County participation required. Eligibility for the wildlife damage abatement program or the wildlife damage claim program requires participation of the county in the administration of these programs as specified under
sub. (4) (a) and
(6) (a). The department may not administer a wildlife damage abatement program or wildlife damage claim program on behalf of or instead of a county.
29.598(3)(b)
(b)
Application. A county seeking to administer the wildlife damage abatement program or the wildlife damage abatement and wildlife damage claim programs shall apply to the department on forms provided by it on or before November 1 for the administration of these programs in the following calendar year or other period specified in the application.
29.598(3)(c)
(c)
Plan of administration. The application shall include a plan of administration to which the county agrees and in the form required by the department. The plan of administration shall include all of the following:
29.598(3)(c)1.
1. An agreement that the county shall make all records and files relating to the wildlife damage abatement program and wildlife damage claim program, including records and files concerning access of hunters to lands for which a wildlife damage claim is filed, available to the department for audit at reasonable times with the full cooperation of the county.
29.598(3)(c)2.
2. A description of authorized wildlife damage abatement measures, including designation of specifications for woven wire deer fences, for which reimbursement may be provided under the wildlife damage abatement program or which may be recommended under the wildlife damage claim program.
29.598(3)(c)3.
3. A summary of billing, allocation and accounting procedures to be used by the county and the department under this section. These procedures shall be consistent with generally acceptable accounting practices.
29.598(3)(c)4.
4. The procedure or formula to be used to determine land suitable for hunting and other hunting requirements necessary to comply with
sub. (7m).
29.598(3)(c)5.
5. The procedures to be used in administering the wildlife damage abatement and wildlife damage claim programs.
29.598(3)(c)6.
6. A commitment that the county agrees to administer the wildlife damage abatement and wildlife damage claim programs so that participants are encouraged to pursue sound conservation as well as normal agricultural practices.
29.598(3)(c)7.
7. A summary of the organization and structure of the agency or unit of the county which is responsible for the administration of the wildlife damage abatement and wildlife damage claim programs.
29.598(3)(c)8.
8. An estimate of anticipated administrative costs, anticipated wildlife damage abatement assistance costs and anticipated wildlife damage claim payments.
29.598(3)(c)9.
9. Other information and conditions the department requires.
29.598(3)(d)
(d)
Departmental approval; revocation. A county may not administer the wildlife damage abatement program or the wildlife damage claim program and a county is not considered a participating county for the purpose of administering these programs unless the department approves the plan of administration. The department may revoke its approval if a county does not comply with the plan of administration or this section.
29.598(4)
(4) Wildlife damage abatement program; eligibility. 29.598(4)(a)(a) Participating county. In order to be eligible for wildlife damage abatement assistance, the land for which assistance is sought is required to be located in a county which is participating in the administration of the wildlife damage abatement program.
29.598(4)(b)
(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.
29.598(4)(c)
(c)
Other eligibility requirements. In order to be eligible for wildlife damage abatement assistance, a person is required to comply with eligibility requirements adopted by the department under
sub. (2) (b) and with eligibility requirements specified in the plan administration under
sub. (3) (c).
29.598(5)
(5) Wildlife damage abatement program; assistance. 29.598(5)(a)(a) Review. A participating county shall review each application for wildlife damage abatement assistance to determine if wildlife damage is occurring or likely to occur.
29.598(5)(b)
(b)
Assistance. A participating county may provide wildlife damage assistance where wildlife damage is occurring or is likely to occur for:
29.598(5)(b)1.
1. The reimbursement of costs associated with wildlife damage abatement measures authorized in the plan of administration under
sub. (3) (c) 2.
29.598(5)(b)2.
2. A woven wire deer fence of the specifications designated in the plan of administration under
sub. (3) (c) 2.
29.598(5)(c)
(c)
State aid. The department may pay participating counties up to 50% 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).
29.598(6)
(6) Wildlife damage claim program; eligibility and other requirements. 29.598(6)(a)(a)
Participating county. In order to be eligible for wildlife damage claim payments, the land where the wildlife damage occurred is required to be located in a county which is participating in the administration of both the wildlife damage abatement program and the wildlife damage claim program.
29.598(6)(b)
(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 in a form acceptable to the county.
29.598(6)(c)
(c)
Time of filing; deduction. In order to be eligible for wildlife damage claim payments, a person shall file a statement of claim within 14 days after the time the wildlife damage first occurs.
29.598(6)(d)
(d)
Compliance with wildlife damage abatement measures. In order to be eligible for wildlife damage claim payments, a person seeking wildlife damage claim payments shall comply with any wildlife damage abatement measures recommended by the county.
29.598(6)(f)
(f)
Other eligibility requirements. In order to be eligible for wildlife damage claim payments, a person is required to comply with eligibility requirements adopted by the department under
sub. (2) (b) and with eligibility requirements specified in the plan of administration under
sub. (3) (c).
29.598(7)
(7) Wildlife damage claim program; payment of claims; limitations and deductions. 29.598(7)(a)(a)
Investigation. A participating county shall investigate each statement of claim and determine the amount of the wildlife damage.
29.598(7)(b)1.1. No person may receive a wildlife damage claim payment unless the payment is approved by a participating county.
29.598(7)(b)2.
2. No person may receive a payment in excess of the actual amount of the wildlife damage or $5,000, whichever is less.
29.598(7)(b)3.
3. No person may receive any payment for the first $250 of each claim for wildlife damage.
29.598(7)(b)4.
4. No person may receive any payment for damages to seedings or crops not managed or harvested in accordance with normal agricultural practices.
29.598(7)(b)6.
6. The payment to any person shall be reduced by an amount equal to any payments or reimbursements received from persons hunting on the land where wildlife damage occurred or on contiguous land under the same ownership and control.
29.598(7)(bm)
(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. shall be prorated between or among the participating counties based on the amount of wildlife damage occurring in each county.
