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.
29.598(7)(c)
(c)
Review. A participating county's determination of the amount of wildlife damage or approval of wildlife damage payments shall be treated as final decisions for purpose of review.
29.598(7)(d)1.1. Except as provided under
subd. 2., the department shall pay participating counties the full amount of wildlife damage claim payments made in accordance with
par. (b) and funding requirements adopted under
sub. (2) (b) on June 1 of the calendar year after the calendar year in which the statement of claims were filed.
29.598(7)(d)2.
2. The department shall pay participating counties 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 on a prorated basis.
29.598(7m)(a)(a)
Requirement. A person seeking 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 animals causing the wildlife damage on the land where the wildlife damage occurred and on contiguous land under the same ownership and control. In order to satisfy the requirement to permit hunting of animals causing wildlife damage, the land shall be open to hunting by the public or at least 2 persons per 40 acres of land suitable for hunting are required to be permitted to hunt each day during the appropriate open season and the land is required either not to be posted against hunting or to be posted to indicate hunting by permission only. The county, with the assistance of the department, shall issue a determination of the acreage of land suitable for hunting following the filing of a statement of claim or at the time it recommends any wildlife damage abatement measures. The county shall make available signs which are appropriate for posting land to indicate hunting by permission only.
29.598(7m)(b)
(b)
Affidavits. A participating county shall obtain from a person who is required to permit hunting under
par. (a) an affidavit stating that the person shall permit hunting on the land.
29.598(8)
(8) Hunting rights. Nothing in this section prohibits a person who owns, leases or occupies land on which wildlife damage occurs and who does not have the authority to control entry on the land for the purposes of hunting from seeking wildlife damage abatement assistance or wildlife damage claim payments.
29.599
29.599
Law enforcement aid program; spearfishing. 29.599(1)(1)
Definitions. As used in this section:
29.599(1)(a)
(a) "Additional law enforcement services" means an extraordinary type or level of service which is not normally provided or budgeted for by a law enforcement agency.
29.599(1)(p)
(p) "Municipality" means any city, village or town.
29.599(1)(t)
(t) "Spearfishing" means a method of taking fish which is authorized by an agreement negotiated between the state and the members of federally recognized American Indian tribes or bands domiciled in Wisconsin relating to the tribes' or bands' treaty-based, off-reservation rights to hunt, fish and gather.
29.599(2)
(2) Participating county or municipality. In order to be eligible to receive reimbursement from the department for costs incurred on or after August 1, 1987, by law enforcement agencies in response to members of federally recognized American Indian tribes exercising or attempting to exercise their right to engage in spearfishing, a county or municipality must do all of the following:
29.599(2)(b)
(b)
Daily records. Maintain daily records of any costs for additional law enforcement services incurred by law enforcement agencies that are directly related to spearfishing and make the daily records available, upon request, to the department for inspection at periodic times during normal business hours.
29.599(2)(c)
(c)
Filing of application. File an application for aid with the department by July 1 of the calendar year in which additional law enforcement services are provided, specifying all of the following:
29.599(2)(c)1.
1. The names and salaries of the officials who provided additional law enforcement services during the spearfishing season.
29.599(2)(c)3.
3. Any other costs, as specified by the department, incurred by the county or municipality that are directly attributable to providing additional law enforcement services during the spearfishing season.
29.599(2)(cm)
(cm)
Amended claims. A county or municipality that has filed an application for aid under
par. (c) by July 1 of a calendar year in which additional law enforcement services are provided may amend that application before August 1 of that calendar year.
29.599(4)(a)(a)
Costs reimbursed. Except as provided under
par. (c), the department may pay each participating county or municipality up to 100% of the county's or municipality's actual costs that are directly attributable to providing additional law enforcement services during the spearfishing season. The department shall make any aid payments from the appropriations under
s. 20.370 (5) (ea) by September 30 of the calendar year in which the county or municipality files an application under
sub. (2) (c). The department may not make an aid payment unless the payment is approved by the secretary of administration.
29.599(4)(c)
(c)
Prorated payments allowed. If the total amount of reimbursable costs under
par. (a) exceeds the amount available for payments under
s. 20.370 (5) (ea), the department may prorate payments to participating counties and municipalities.
29.60
29.60
Use of poison and explosives; pole traps. 29.60(1)(1) Except as provided by
s. 29.29 (4) it shall be unlawful to use baits containing poison of any description in any forests, fields or other places where it might destroy or cause the destruction of wild animals or birds, and the possession of any such poison or poison baits in a hunting or trapping camp or on any person while hunting or trapping shall be prima facie evidence of a violation hereof.
29.60(2)
(2) Except as provided in
sub. (3), no person may take, capture or kill or attempt to take, capture or kill any wild animal with the aid of any explosive or poison gas, or set any explosive near or on any beaver or muskrat houses. Possession or control of an explosive or a poison gas in places described in
sub. (1) is prima facie evidence of intent to violate this subsection. Any person who violates this subsection shall be fined not more than $300 or imprisoned for not more than 30 days or both.
29.60(2m)
(2m) It shall be unlawful to take, capture or kill or attempt to take, capture or kill any bird by setting or operating any trap or device designed, built or used to capture birds on a pole, post, tree stump or any other elevated perch more than 3 feet above the ground.
29.60(3)
(3) Nothing in this chapter may prevent the department or a person authorized under
s. 29.59 from using an explosive or having an explosive near a beaver house or a beaver dam for the purpose of removing a beaver dam or a vacated beaver house when the beavers are causing damage to property.
