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.
29.89(3)(b)
(b) The county accepts deer carcasses for processing.
29.89(3)(d)
(d) The county pays for the costs of processing the venison.
29.89(3)(e)
(e) The county shall make reasonable efforts to donate the venison as provided under
sub. (4).
29.89(4)
(4) Donations authorized. A county may donate the processed venison to a food distribution service or a charitable organization. The county may require that the carcasses be field dressed before accepting them for processing.
29.89(5)(a)(a) Subject to
par. (c), reimbursement under this section shall equal the costs, including administrative costs, that a county incurs in processing the venison and in donating the processed venison under
sub. (4).
29.89(5)(b)2.
2. The department shall reimburse counties under this section from the appropriation under
s. 20.370 (5) (fq) if all of the following apply:
29.89(5)(b)2.c.
c. Moneys are available under
s. 20.370 (5) (fq) after first deducting from
s. 20.370 (5) (fq) payments made for county administrative costs, payments made for wildlife damage abatement assistance, and wildlife damage claim payments under
s. 29.889.
29.89(5)(c)
(c) If the total amount of reimbursable costs under
par. (a) exceeds the amount available under
par. (b), the department shall establish a system to prorate the reimbursement payments among the eligible counties.
29.89(6)
(6) Tagging exemption. The requirement under
s. 29.347 (2m) (a) that the tags remain with the deer carcass or venison does not apply to a deer carcass or venison that is subject to this section.
29.89 History
History: 1999 a. 9;
2001 a. 16.
ENFORCEMENT
29.921
29.921
Warrants; arrests; police powers. 29.921(1)
(1)
Generally. The department and its wardens may execute and serve warrants and processes issued under any law enumerated in
ss. 23.50 (1),
167.31,
346.19,
940.24,
941.20,
948.60,
948.605 and
948.61 in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the officer has probable cause to believe is guilty of a violation of any of the laws cited in this subsection, whether the violation is punishable by criminal penalties or by forfeiture, and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing any of the laws cited in this subsection, any officer may stop and board any boat and stop any vehicle, if the officer reasonably suspects there is a violation of those sections.
29.921(2)
(2) Field archaeology. The department and any of its wardens may execute and serve warrants and processes issued for violations of
s. 44.47 occurring on the bed of any stream or lake in the same manner as any constable may serve and execute the process; and may arrest a person, with or without a warrant, who is detected committing such a violation, or whom the warden has probable cause to believe is guilty of a violation of
s. 44.47, and may take the person before any court in the county where the violation was committed and make proper complaint. For the purpose of enforcing
s. 44.47, any warden may stop and board any boat and stop any vehicle, if the warden reasonably suspects that there is a violation of
s. 44.47.
29.921(3)
(3) Harassment. The department and its wardens may execute and serve warrants and processes issued for violations of
s. 947.013 (1m) (b) if the victim of the harassment is intentionally selected because of the victim's race in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the warden has probable cause to believe guilty of a violation of
s. 947.013 (1m) (b), whether the violation is punishable by criminal penalties or by forfeiture and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing
s. 947.013 (1m) (b), any warden may stop and board any boat and stop any vehicle, if the warden reasonably suspects there is a violation of
s. 947.013 (1m).
29.921(4)
(4) Tribal code enforcement. If a federally recognized American Indian tribe or band consents to the enforcement of its conservation code by the department or if a federal court order authorizes or directs the enforcement, the department and its wardens may execute and serve warrants and processes issued for violations of the tribe's or band's conservation code that occur outside the exterior boundaries of American Indian reservations; and may arrest a person, with or without a warrant, who is detected committing such a violation, or whom the warden has probable cause to believe is guilty of such a violation, and may take the person before the tribal court of appropriate jurisdiction and make proper complaint. For the purpose of enforcing a tribe's or band's conservation code, any warden may stop and board any boat and may stop any vehicle, if the warden reasonably suspects there is a violation of such a conservation code.
29.921(5)
(5) Additional arrest powers. In addition to the arrest powers under
sub. (1), a warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under
s. 165.85 (4) (b) 1. and has complied with any applicable requirements under
s. 165.85 (4) (bn) 1. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency as defined under
s. 165.83 (1) (b) including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony or may arrest a person who has committed a crime in the presence of the warden. If the warden makes an arrest without the presence of another law enforcement agency, the warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The warden shall be available as a witness for the state. A warden may not conduct investigations for violations of state law except as authorized in
ss. 23.11 (4),
29.924 (1) and
41.41 (12). A warden acting under the authority of this subsection is considered an employee of the department and is subject to its direction, benefits and legal protection. The authority granted in this section does not apply to county conservation wardens or special conservation wardens.
29.921(6)
(6) Search warrants; subpoenas. In executing search warrants and subpoenas under this chapter where the penalty for the violation is a forfeiture, the department shall use procedures which comply with
ss. 968.12 and
968.135 to
968.19.
29.921(7)
(7) Dogs injuring wildlife. A warden may kill a dog found running, injuring, causing injury to, or killing, any deer or elk, or destroying game birds, their eggs, or nests, if immediate action is necessary to protect the deer, elk, or game birds, their nests or eggs, from injury or death.
29.921 History
History: 1997 a. 248 ss.
98 to
102,
708 to
710;
2001 a. 109.
