29.877 Note
NOTE: Sub. (3) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
29.877(4)
(4) The department shall promulgate rules for the care of wild animals kept in wildlife exhibits and for the protection of the public from injury by the wild animals.
29.877(5)
(5) No person may maintain a wildlife exhibit, unless the person has a wildlife exhibit license. A wildlife exhibit license is required in addition to any game bird and animal farm or fur farm license or deer farm license if these farms are wildlife exhibits.
29.877(6)
(6) Each licensee shall file a report with the department within 30 days after expiration of the license containing such information as the department may require and on forms furnished by the department.
29.877 History
History: 1979 c. 142;
1983 a. 27;
1989 a. 359;
1991 a. 269;
1995 a. 79;
1997 a. 27,
191;
1997 a. 248 ss.
632 to
635; Stats. 1997 s. 29.877; s. 13.93 (2) (c).
29.879
29.879
Humane, adequate and sanitary care of wild animals. 29.879(1)(1) The department may examine all lands and buildings licensed as game bird and animal farms, deer farms, fur farms or wildlife exhibits to determine whether wild animals held in captivity are treated in a humane manner and confined under sanitary conditions with proper care.
29.879(2)
(2) The department may order any licensee to comply with standards prescribed in the order for the care of wild animals held in captivity by the licensee. The licensee shall comply with the order of the department within 10 days of issuance.
29.879(4)
(4) This section does not apply to farm-raised deer.
29.879 History
History: 1975 c. 365 s.
62;
1995 a. 79;
1997 a. 248 s.
636; Stats. 1997 s. 29.879.
29.881
29.881
Giving predatory animals to public zoos. 29.881(1)(1) The department may give any predatory animal to a public zoo.
29.881(2)
(2) Any predatory animal that has been given to a public zoo under this section may not be sold, bartered or given away by the zoo, except that the animal may be returned to the department.
29.881 History
History: 1997 a. 248 s.
674; Stats. 1997 s. 29.881.
WILDLIFE DAMAGE
29.885
29.885
Removal of wild animals. 29.885(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.
29.885(1)(c)
(c) "Private property holder" means an owner, lessee or occupant of private property.
29.885(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.
29.885(1)(e)
(e) "Remove" means capture, shoot, set a trap for, relocate, or otherwise destroy or dispose of.
29.885(1)(f)
(f) Notwithstanding
s. 29.01 (14) [
s. 29.001 (90)], "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or farm-raised fish.
29.885 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
29.885(2)
(2) Department authority. The department may remove or authorize the removal of all of the following:
29.885(2)(a)
(a) A wild animal that is causing damage or that is causing a nuisance.
29.885(2)(b)
(b) A structure of a wild animal that is causing damage or that is causing a nuisance.
29.885(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.
29.885(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.
29.885(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 at any time from one hour before sunrise until one hour after sunset if all of the following conditions apply:
29.885(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.
29.885(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.
29.885(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.
29.885(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.
29.885(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 or under any municipal ordinance.
29.885(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. 29.889 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.
29.885(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. 29.889 or to follow reasonable abatement measures recommended by the department.
29.885(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.
29.885(7)
(7) No duty; immunity from liability. 29.885(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:
29.885(7)(a)1.
1. A duty to keep the property safe for removal activities.
29.885(7)(a)3.
3. A duty to give warning of an unsafe condition, use or activity on the property.
29.885(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:
29.885(7)(b)1.
1. An injury to a person engaging in a removal activity.
29.885(7)(b)2.
2. An injury caused by a person engaging in a removal activity.
29.885(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.
29.885(7)(d)
(d) Paragraphs (a) to
(c) do not apply if any of the following conditions exist:
29.885(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.
29.885(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.
29.885(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.
29.885 History
History: 1989 a. 31;
1991 a. 39;
1995 a. 79;
1997 a. 27;
1997 a. 248 ss.
637 to
641; Stats. 1997 s. 29.885.
29.887
29.887
Wildlife control in urban communities. 29.887(1)
(1) The department shall establish a program to award matching grants to urban communities for up to 50% of the costs for projects to plan wildlife abatement measures or to engage in wildlife control efforts or both.
29.887(2)
(2) A grant awarded under this section may not exceed $5,000.
29.887(3)
(3) The department shall promulgate rules establishing criteria for awarding grants under this section.
29.887 History
History: 1997 a. 27;
1997 a. 248 s.
643; Stats. 1997 s. 29.887.
29.889
29.889
Wildlife damage abatement program; wildlife damage claim program. 29.889(1)
(1)
Definition. In this section, "wildlife damage" means damage caused by any of the following noncaptive wild animals:
29.889(1)(e)
(e) Sandhill crane if hunting of sandhill cranes is authorized by the department.
29.889(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.
29.889(2)(b)
(b)
Eligibility and funding requirements; rules. 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. The department shall also promulgate rules to establish all of the following:
29.889(2)(b)1.
1. Authorized wildlife damage abatement measures and methods for implementing and paying for these abatement measures.
29.889(2)(b)2.
2. Forms and procedures for payment and processing of statement of claims and applications for abatement assistance.
29.889(2)(b)3.
3. Procedures and standards for determining the amount of wildlife damage.
29.889(2)(b)4.
4. A methodology for proration of wildlife damage claim payments.
29.889(2)(b)5.
5. Procedures for record keeping, audits and inspections.
29.889(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. 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 rules promulgated by the department under this section.
29.889(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.
29.889(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.
29.889(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.
29.889(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:
29.889(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.
29.889(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.
29.889(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.
29.889(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).
29.889(3)(c)5.
5. The procedures to be used in administering the wildlife damage abatement and wildlife damage claim programs.
29.889(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.
