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.
29.889(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.
29.889(3)(c)8.
8. An estimate of anticipated administrative costs, anticipated wildlife damage abatement assistance costs and anticipated wildlife damage claim payments.
29.889(3)(c)9.
9. Other information and conditions the department requires.
29.889(3)(cm)
(cm)
List of participants. A county that administers the wildlife damage abatement program or the wildlife damage claim program shall maintain a list of participants in the program and shall make the list available for public inspection.
29.889(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.
29.889(4)
(4) Wildlife damage abatement program; eligibility. 29.889(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.
29.889(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. An owner or lessee of land, a person who controls land or an owner of an apiary or livestock may file an application.
29.889(4)(bn)
(bn)
Type of wildlife damage. In order to be eligible for wildlife damage abatement assistance, the type of wildlife damage to be abated shall be limited to damage to commercial seedings or crops growing on agricultural land, damage to crops that have been harvested for sale or further use but that have not been removed from the agricultural land, damage to orchard trees or nursery stock or damage to apiaries or livestock.
29.889(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).
29.889(5)
(5) Wildlife damage abatement program; assistance. 29.889(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.
29.889(5)(b)
(b)
Assistance. A participating county may provide wildlife damage assistance where wildlife damage is occurring or is likely to occur for the reimbursement of costs associated with wildlife damage abatement measures if the measures are authorized in the plan of administration under
sub. (3) (c) 2.
29.889(5)(bm)
(bm)
Cost-effectiveness of abatement. A participating county may recommend only those wildlife damage abatement measures that are cost-effective in relation to the wildlife damage claim payments that would be paid if the wildlife damage abatement measures are not implemented.
29.889(5)(c)
(c)
State aid. The department shall pay participating counties 75% 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).
29.889(6)
(6) Wildlife damage claim program; eligibility and other requirements. 29.889(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.
29.889(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 department in a form acceptable to the department. An owner or lessee of land, a person who controls land or an owner of an apiary or livestock may file a statement of claim.
29.889(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.
29.889(6)(d)
(d)
Compliance with wildlife damage abatement measures. In order to be eligible for wildlife damage claim payments for an occurrence of wildlife damage, a person seeking wildlife damage claim payments shall have complied with any wildlife damage abatement measures to abate that wildlife damage that were recommended by the county.
29.889(6)(dm)
(dm)
Compliance with normal agricultural practices. In order to be eligible for wildlife damage claim payments, a person seeking wildlife damage claim payments shall have managed the seedings, crops, orchard trees, nursery stock, apiaries or livestock which the person is seeking the claim payments in accordance with normal agricultural practices.
29.889(6)(em)
(em)
Type of wildlife damage. The type of wildlife damage that is eligible for wildlife damage claim payments shall be limited to damage to commercial seedings or crops growing on agricultural land, damage to crops that have been harvested for sale or further use but that have not been removed from the agricultural land, damage to orchard trees or nursery stock or damage to apiaries or livestock.
29.889(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).
29.889(7)
(7) Wildlife damage claim program; payment of claims; limitations and deductions. 29.889(7)(a)(a)
Investigation. A participating county shall investigate each statement of claim and determine the total amount of the wildlife damage that occurred, regardless of the amount that may be eligible for payment under
par. (b).
29.889(7)(b)
(b)
Calculating amount of payment. In calculating the amount of the wildlife damage claim payment to be paid for a claim under
par. (a), the participating county shall determine the amount as follows:
29.889(7)(b)1.
1. If the amount of the claim is $250 or less, the claimant will receive no payment.
29.889(7)(b)2.
2. If the amount of claim is more than $250 but not more than $5,250, the claimant will be paid 100% of the amount of the claim that exceeds $250.
29.889(7)(b)3.
3. If the amount of the claim is more than $5,250, the claimant will be paid the amount calculated under
subd. 2., plus 80% of the amount of the claim that exceeds $5,250, subject to
subd. 4.
29.889(7)(b)4.
4. The total amount paid to a claimant under this paragraph may not exceed $15,000 for each claim.
29.889(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, the amount of the claim, as determined under
par. (a), shall be prorated between or among the participating counties based on the amount of wildlife damage occurring in each county.
29.889(7)(d)1.1. Except as provided under
subd. 2., the department shall pay claimants the full amount of wildlife damage claim payments calculated in accordance with
par. (b) and funding requirements adopted under
sub. (2) (b) no later than June 1 of the calendar year after the calendar year in which the statement of claims were filed.
29.889(7)(d)2.
2. The department shall pay claimants under
subd. 1. 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 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 claimants on a prorated basis.
29.889(7m)
(7m) Land required to be open to hunting; penalties. 29.889(7m)(a)(a) Requirements. A person who receives 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 type of wild animals causing the wildlife damage on that land and on contiguous land under the same ownership, lease or control, subject to
par. (ae). In order to satisfy the requirement to permit hunting under this subsection, the land shall be open to hunting during the appropriate open season. The county, with the assistance of the department, shall determine the acreage of land suitable for hunting.
29.889(7m)(ae)1.1. A hunter may hunt on land covered by
par. (a) only if the hunter notifies the landowner of his or her intent to hunt on the land.
29.889(7m)(ae)2.
2. A hunter may not bring a motor vehicle onto land covered by
par. (a) without the permission of the landowner.
29.889(7m)(ae)3.
3. A hunter may not use a stand located on land covered by
par. (a) without the permission of the landowner.
29.889(7m)(ae)4.
4. A landowner may deny a hunter access to land covered by
par. (a) for reasonable cause, including any of the following:
29.889(7m)(ae)4.a.
a. The presence of at least 2 hunters per 40 acres of eligible land when the hunter notifies the landowner that he or she intends to hunt on the land.
29.889(7m)(ae)4.d.
d. The hunter fails to notify the landowner of his or her intent to hunt on the land or brings a motor vehicle onto the land without the permission of the landowner.
29.889(7m)(am)
(am)
Exemption. The requirements to allow hunting under
par. (a) do not apply to a person seeking wildlife damage abatement assistance if the person does not have authority to control entry on the land that is subject to those requirements and if the damage on the land is damage to apiaries.
29.889(7m)(b)
(b)
Penalties. If any person who is required to permit hunting on land as required under
par. (a) fails to do so, the person is liable for all of the following:
29.889(7m)(b)1.
1. Repayment of any money paid for the wildlife damage claim.
29.889(7m)(b)2.
2. Payment of the cost of any wildlife damage abatement assistance paid for under this section.
29.889(7m)(b)3.
3. Payment of the costs for reviewing and approving the wildlife damage claim or wildlife damage abatement assistance and the costs of investigating the failure to permit hunting on the land.
29.889(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.
29.889(8g)
(8g) Review. A participating county's determination of the amount of wildlife damage, the amount of a wildlife damage claim or the amount of wildlife damage abatement assistance shall be treated as final decisions for purposes of review.
29.889(8r)(a)(a)
Records. A person receiving wildlife damage abatement assistance or wildlife damage claim payments shall retain all records as required by the participating county or the department and make them available to the participating county or the department for inspection at reasonable times.
29.889(8r)(b)
(b)
Entry to land. The department or a participating county may enter and inspect, at reasonable times, any land for which a wildlife damage claim has been filed or for which wildlife damage abatement measures have been implemented.
29.889(8r)(c)
(c)
Responsibilities. No person may refuse entry or access to or withhold records from the department or the participating county under this subsection. No person may obstruct or interfere with an inspection by the department or a participating county under this subsection. The department or participating county if requested, shall furnish to the person a report setting forth all of the factual findings by the department or participating county that relate to the inspection.
29.889(9)
(9) Audits. The department shall conduct random audits of wildlife damage abatement claims paid, wildlife damage abatement measures recommended and wildlife damage assistance paid for under this section. The department shall conduct audits of all claims filed by, and payments made to, department employees and of all wildlife damage abatement measures for the benefit of crops, livestock or apiaries owned or controlled by these employees for which assistance was provided under
sub. (5).
29.889(10)(a)(a)
Liability. For a given wildlife damage statement of claim or application for wildlife damage abatement assistance, if the person filing the claim or applying for the assistance negligently makes, or causes to be made, a false statement or representation of a material fact in making the claim or application, the person is liable for all of the following:
29.889(10)(a)1.
1. Repayment of any money paid for the wildlife damage claim.
29.889(10)(a)2.
2. Payment of the cost of any wildlife damage abatement assistance paid for under this section.
29.889(10)(a)3.
3. Payment of the costs for reviewing and approving the wildlife damage claim or wildlife damage abatement assistance and the costs in investigating and determining whether a false statement or representation was made.
29.889(10)(b)
(b)
Fraud. No person may knowingly make or cause to be made any false statement or representation of material fact under the wildlife damage abatement program or the wildlife damage claim program.
29.889(10)(c)
(c)
Fraud; penalties. A court finding a person to be in violation of
par. (b) may order any of the following:
29.889(10)(c)2.
2. That the person pay a forfeiture equal to 2 times the total amount of wildlife damage claim payments received and the value of any wildlife damage abatement measures implemented, plus an amount not to exceed $1,000.
29.889(10)(c)3.
3. The revocation of the person's privileges or approvals under
s. 29.971 (12) if the person violating
par. (b) owns, leases or controls land, or owns livestock or apiaries, to which the false statement or representation relates.
29.889(10)(c)4.
4. That the person be prohibited from receiving any benefits under the wildlife damage abatement program or the wildlife damage claim program for a period of 10 years commencing after the day that the false statement or representation occurred.
29.889(10)(d)
(d)
Other liability. Any person who owns, leases or controls land or owns livestock or apiaries for which a benefit was received in violation of
par. (b) or who fails to allow hunting as required under
sub. (7m) is not eligible for any benefits under the wildlife damage abatement program or the wildlife damage claim program for a period of 10 years commencing after the day on which the false statement or representation occurred, regardless of whether the person knew or should have known of the false statement or misrepresentation.
29.889(11)(a)(a)
Contents. The department shall prepare an annual report concerning wildlife damage, the wildlife damage abatement program and the wildlife damage claim program, including a summary of each of the following:
29.889(11)(a)1.
1. All of the wildlife damage believed to have occurred in the state.
29.889(11)(a)2.
2. The wildlife damage claims that were filed under this section.
29.889(11)(a)3.
3. The wildlife damage abatement measures that were recommended or implemented under this section.
29.889(11)(a)4.
4. The percentage of the total number of filed wildlife damage claims that are rejected for failure to meet the requirements of the programs.
29.889(11)(a)5.
5. The percentage of the total number of wildlife damage claims for which the amount of the payment to the claimant was prorated under
sub. (7) (d).
29.889(11)(b)
(b)
Submission; distribution. The department shall submit the report under this subsection no later than June 1 of each year for distribution to the appropriate standing committees of the legislature in the manner provided under
s. 13.172 (3). The first report shall be submitted no later than June 1, 1999. Each report shall cover the 12-month period ending on the December 31 that immediately precedes the date of the report.
29.889(12)
(12) Tolerable deer damage levels. The department shall promulgate rules to establish standards for tolerable levels of damage caused by deer living in the wild to crops on agricultural land, including commercial seedings, orchard trees and nursery stock. The department shall use the standards in setting goals for managing the deer herd.
29.889 Cross-reference
Cross Reference: See also ss.
NR 12.15,
19.75,
19.76,
19.77,
19.775,
19.78,
19.79,
19.795,
19.80,
19.81,
19.82,
19.83, and
19.84, Wis. adm. code.
29.89
29.89
Venison processing and donation program. 29.89(1)(1)
Definition. In this section, "charitable organization" means a nonprofit corporation, charitable trust or other nonprofit association that is described in section
501 (c) (3) of the Internal Revenue Code and that is exempt from taxation under section
501 (a) of the Internal Revenue Code.
29.89(2)
(2) Establishment of program. The department shall establish a program to reimburse counties for the costs that they incur in processing and donating venison from certain deer carcasses.
29.89(3)
(3) Eligibility requirements. A county is eligible for reimbursement under this section if all of the following apply:
29.89(3)(a)
(a) The county participates in the administration of both the wildlife damage abatement program and the wildlife damage claim program under
s. 29.889.
