SUBCHAPTER XII. WILDLIFE DAMAGE
29.885 . Removal of wild animals
29.886 . Management of double-crested cormorants
29.887 . Wildlife control in urban communities
29.888 . Wolf depredation program
29.889 . Wildlife damage abatement program; wildlife damage claim program
29.89 . Venison and wild turkey processing and donation program
29.885. Removal of wild animals
(1) Definitions. In this section:
(a) “Damage” means physical harm to forest products; streams; roads; dams; buildings; orchards; apiaries; livestock; and commercial agricultural crops, including Christmas trees and nursery stock. “Damage” includes flooding and culvert blockages caused by a beaver or muskrat.
(c) “Private property holder” means an owner, lessee or occupant of private property.
(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.
(e) “Remove” means capture, shoot, set a trap for, relocate, or otherwise destroy or dispose of.
(f) Notwithstanding s. 29.001(90), “wild animal” means any undomesticated mammal or bird, but does not include farm-raised deer, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.
(2) Department authority. The department may remove or authorize the removal of all of the following:
(a) A wild animal that is causing damage or that is causing a nuisance.
(b) A structure of a wild animal that is causing damage or that is causing a nuisance.
(3) Damage complaints.
(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.
(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.
(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:
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.
2. The department has not refused to investigate as permitted under sub. (5)(a).
3. The wild animal is not of an endangered or threatened species under s. 29.604 and is not a migratory bird on the list in 50 CFR 10.13 that is promulgated under 16 USC 701.
(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.
(4) Nuisance complaints.
(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.
(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.
(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.
(4r) Land not required to be open to hunting. The requirements under sub. (4m) do not apply to a person to whom the department grants a shooting permit for deer causing damage that is issued as an abatement measure recommended under s. 29.889 if all of the following apply:
(a) The permit is the only abatement measure the person receives under s. 29.889 for damage caused by deer.
(b) The person waives any eligibility to receive a wildlife damage claim payment under s. 29.889(7) for damage caused by deer.
(5) Abatement.
(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.
(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.
(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.
(7) No duty; immunity from liability.
(a) Except as provided in par. (d), no private property holder and no officer, employee 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:
1. A duty to keep the property safe for removal activities.
2. A duty to inspect the property.
3. A duty to give warning of an unsafe condition, use or activity on the property.
(b) Except as provided in par. (d), no private property holder and no officer, employee or agent of a private property holder is liable for any of the following injuries that occur on the private property holder's property:
1. An injury to a person engaging in a removal activity.
2. An injury caused by a person engaging in a removal activity.
(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.
(d) Paragraphs (a) to (c) do not apply if any of the following conditions exist:
1. An injury is caused by the malicious failure of the private property holder or an officer, employee or agent of the private property holder to warn against an unsafe condition on the property, of which the private property holder has knowledge.
2. An injury is caused by a malicious act of a private property holder or of an officer, employee or agent of a private property holder.
3. An injury is sustained by an employee of a private property holder acting within the scope of his or her duties.
Credits
<<For credits, see Historical Note field.>>
HISTORICAL AND STATUTORY NOTES
2011 Main Volume
Source:
1989 Act 31, § 684k, eff. Aug. 9, 1989.
1991 Act 39, § 962cn, eff. Aug. 15, 1991.
1995 Act 79, § 35, eff. June 1, 1996.
St.1995, § 29.59.
1997 Act 27, § 1139e, eff. Jan. 1, 1998.
1997 Act 248, §§ 637, 639 to 641, eff. Jan. 1, 1999.
1999 Act 32, § 88, eff. April 19, 2000.
1999 Act 185, § 193(1), eff. Sept. 1, 2000.
2001 Act 56, § 91, eff. Jan. 1, 2003.
2005 Act 82, § 1, eff. Jan. 1, 2006.
2021 Act 62, § 1, eff. July 10, 2021.
29.886. Management of double-crested cormorants
(1) In this section:
(a) “U.S. depredation order” means the depredation order for double-crested cormorants to protect public resources that was issued by the U.S. department of interior, fish and wildlife service, in 50 CFR 21.48, to reduce or minimize the wildlife damage caused by double-crested cormorants.
(b) “Wildlife damage” means adverse impacts on fish, including fish hatchery stock, wildlife, plants, and their habitats.
(2) The department shall, in cooperation with federal agencies, administer a program in a manner that complies with the U.S. depredation order to control and manage double-crested cormorants in order to reduce wildlife damage caused by double-crested cormorants.
Credits
<<For credits, see Historical Note field.>>
2011 Main Volume
Source:
2005 Act 287, § 1, eff. April 21, 2006.
29.887. Wildlife control in urban communities
(1) The department shall establish a program to award matching grants to any city, village, or town with a population density of not less than 125 persons per square mile for up to 50 percent of the costs for projects to plan wildlife abatement measures or to engage in wildlife control efforts or both.
(2) A grant awarded under this section may not exceed $5,000.
(3) The department shall promulgate rules establishing criteria for awarding grants under this section.
Credits
Source:
St.1995, § 29.595.
997 Act 27, § 1139p, eff. Jan. 1, 1998.
1997 Act 248, § 643, eff. Jan. 1, 1999.
2023 Act 50, § 1, eff. Dec. 8, 2023.
2023 Legislation:
2023 Act 50 amended subsec. (1) as follows:
“(1) The department shall establish a program to award matching grants to urban communities any city, village, or town with a population density of not less than 125 persons per square mile for up to 50 percent of the costs for projects to plan wildlife abatement measures or to engage in wildlife control efforts or both.”
1997 Act 248 renumbered § 29.595, as created by 1997 Act 27, § 1139p, as this section.
29.888. Wolf depredation program; wolf damage claims
(1b) In this section:
(a) “Federal endangered list” has the meaning given in s. 29.185(1b)(a).
(b) “State endangered list” has the meaning given in s. 29.185(1b)(b).
(1m) The department shall administer a wolf depredation program under which payments may be made to persons who apply for reimbursement for death or injury caused by wolves to livestock, to hunting dogs other than those being actively used in the hunting of wolves, and to pets and for management and control activities conducted by the department for the purpose of reducing such damage caused by wolves. The department may make payments for death or injury caused by wolves under this program only if the death or injury occurs during a period of time when the wolf is not listed on the federal endangered list and is not listed on the state endangered list. The department may expend moneys under this program for its management and control activities only during a period of time when the wolf is not listed on the federal endangered list and is not listed on the state endangered list.
(2) The department shall establish maximum amounts that will be paid under sub. (1m) depending on the type of animal that suffered the death or injury. If the department determines that the amount available from the appropriation under s. 20.370(5)(fv) is insufficient in a given fiscal year for making all of these payments, the department shall make the payments on a prorated basis
(3) If, after making the payments under sub. (2), there are moneys remaining in the appropriation under s. 20.370(5)(fv) for a given fiscal year, the department may use all or part of the remaining moneys in the following fiscal year for management and control of the wolf population activities conducted by the department.
(4) If there are any moneys remaining at the end of a given fiscal year after making the payments under sub. (2) and paying for activities authorized under sub. (3), these moneys shall lapse into the conservation fund, notwithstanding s. 20.001(3)(c).
(5)(a) From the sources described in par. (c), the department shall pay damage claims for damage caused by wolves during the period when the wolf is listed on the federal endangered list or on the state endangered list.
(b) The department shall pay damage claims under par. (a) as soon as practicable after determining that the claim is eligible to be paid.
(c) The department shall make the remainder of the payments from the appropriation accounts under s. 20.370(1)(fb), (fe), and (fs). If the department determines that the amount available under s. 20.370(1)(fb), (fe), and (fs) is insufficient in a given fiscal year to pay the claims under par. (a), the department may request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101(3)(a)1. does not apply to such a request.
<<For credits, see Historical Note field.>>
HISTORICAL AND STATUTORY NOTES
Source:
2011 Act 169, § 16, eff. April 17, 2012.
2013 Act 165, § 115, eff. March 29, 2014 .
2017 Act 59, §§ 582g, 582h, eff. Sept. 23, 2017 .
29.889. Wildlife damage abatement program; wildlife damage claim program
(1) Definition. In this section, “wildlife damage” means damage caused by any of the following wild animals that are not subject to regulation under ch. 169:
(a) Deer that are not farm-raised deer.
(b) Bear.
(c) Geese.
(d) Turkey.
(e) Sandhill crane if hunting of sandhill cranes is authorized by the department.
(f) Elk, if the department has promulgated a rule that establishes a season for hunting elk.
(g) Cougar.
(2) Department powers and duties. (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.
(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:
1. Authorized wildlife damage abatement measures and methods for implementing and paying for these abatement measures.
2. Forms and procedures for payment and processing of statement of claims and applications for abatement assistance.
3. Procedures and standards for determining the amount of wildlife damage.
4. A methodology for proration of wildlife damage claim payments.
5. Procedures for record keeping, audits and inspections.
(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.
(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.
(3) County administration. (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.
(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.
(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:
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.
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.
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.
4. The procedure or formula to be used to determine land suitable for hunting and other hunting requirements necessary to comply with sub. (7m).
5. The procedures to be used in administering the wildlife damage abatement and wildlife damage claim programs.
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.
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.
8. An estimate of anticipated administrative costs, anticipated wildlife damage abatement assistance costs and anticipated wildlife damage claim payments.
9. Other information and conditions the department requires.
(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.
(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.
(4) Wildlife damage abatement program; eligibility. (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.
(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.
(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 , damage to apiaries or livestock, or damage to crops or grasses grown for use by a bird hunting preserve licensed under ch. 169.
(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).
(5) Wildlife damage abatement program; assistance. (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.
(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.
(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.
(bs) Abatement authorized. Notwithstanding par. (bm), for damage caused by elk to crops or grasses grown for use by a bird hunting preserve licensed under ch. 169, a participating county may recommend fencing the affected property as a damage abatement measure.
(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).
(6) Wildlife damage claim program; eligibility and other requirements. (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.
(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.
(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.
(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.
(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.
(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.
(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).
(7) Wildlife damage claim program; payment of claims; limitations and deductions. (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).
(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:
1. If the amount of the claim is $500 or less, the claimant will receive no payment.
2. If the amount of claim is more than $500 but not more than $5,250, the claimant will be paid 100% of the amount of the claim that exceeds $500.
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.
4. The total amount paid to a claimant under this paragraph may not exceed $10,000 for each claim.
(bm) Multiple counties 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.
(d) State aid. 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.
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.
(7m) Land required to be open to hunting; penalties. (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.
(ae) Conditions. 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.
2. A hunter may not bring a motor vehicle onto land covered by par. (a) without the permission of the landowner.
3. A hunter may not use a stand located on land covered by par. (a) without the permission of the landowner.
4. A landowner may deny a hunter access to land covered by par. (a) for reasonable cause, including any of the following:
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.
b. The hunter appears to be intoxicated or unruly.
c. The hunter causes property damage.
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.
(am) Exemption, apiaries. 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.
(ar) Exemption; land not required to be open to hunting. The requirement under par. (a) does not apply to a person to whom the department grants a shooting permit for deer causing damage that is issued as an abatement measure recommended under this section if all of the following apply:
1. The permit is the only abatement measure the person receives for wildlife damage caused by deer.
2. The person waives any eligibility to receive a wildlife damage claim payment under sub. (7) for wildlife damage caused by deer.
(at) Exemption; damage caused by cougar. The requirements to allow hunting under par. (a) do not apply to a person seeking wildlife damage abatement assistance or wildlife damage claim payments for damage caused by cougar.
(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:
1. Repayment of any money paid for the wildlife damage claim.
2. Payment of the cost of any wildlife damage abatement assistance paid for under this section.
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.
(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.
(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.
(8r) Records; entry to land. (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.
(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.
(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.
(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).
(10) Negligence; fraud; penalties. (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:
1. Repayment of any money paid for the wildlife damage claim.
2. Payment of the cost of any wildlife damage abatement assistance paid for under this section.
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.
(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.
(c) Fraud; penalties. A court finding a person to be in violation of par. (b) may order any of the following:
1. That the person make any of the payments under par. (a)1. to 3.
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.
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.
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.
(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.
(11) Annual report. (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:
1. All of the wildlife damage believed to have occurred in the state.
2. The wildlife damage claims that were filed under this section.
3. The wildlife damage abatement measures that were recommended or implemented under this section.
4. The percentage of the total number of filed wildlife damage claims that are rejected for failure to meet the requirements of the programs.
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).
(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.
(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.
<<For credits, see Historical Note field.>>
HISTORICAL AND STATUTORY NOTES
Source:
2021 Act 239, § 13, eff. April 10, 2022.
Source:
1983 Act 27, § 821m, eff. July 2, 1983.
1985 Act 29, §§ 662 to 668m, 3202(39)(g), eff. July 20, 1985.
1985 Act 332, §§ 41, 251(1), eff. June 12, 1986.
1987 Act 280, §§ 1, 1m, eff. April 22, 1988.
1989 Act 31, §§ 684r to 684z, eff. Aug. 9, 1989.
1989 Act 336, § 62m, eff. May 11, 1990.
1995 Act 27, § 1655, eff. July 29, 1995.
1995 Act 79, § 36, eff. June 1, 1996.
St.1995, § 29.174(4m).
St.1995, § 29.598.
1997 Act 27, §§ 1087m, 1139rb, 1139rbm, 1139rd to 1139ryd, eff. Jan. 1, 1998.
1997 Act 27, § 1139rc, eff. Oct. 14, 1997.
1997 Act 248, §§ 396, 645 to 668, eff. Jan. 1, 1999.
1999 Act 185, § 193(1), eff. Sept. 1, 2000.
2001 Act 56, §§ 92, 93, eff. Jan. 1, 2003.
2001 Act 109, § 84sm, eff. July 30, 2002.
2005 Act 82, §§ 2, 3, eff. Jan. 1, 2006.
2007 Act 97, § 49, eff. March 28, 2008.
2009 Act 28, §§ 698 to 700, eff. July 1, 2009.
2011 Act 280, §§ 1, 2, eff. April 27, 2012.
2011 Legislation:
2011 Act 280 created subsecs. (1)(g) and (7m)(at).
2017 Act 59, §§ 582m, 582p, eff. Sept. 23, 2017.
2021 Legislation:
2021 Act 239 amended subsec. (7)(bm).
29.89. Venison and wild turkey processing and donation program
(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.
(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 and in processing and donating meat from certain wild turkey carcasses.
(3) Eligibility requirements. A county is eligible for reimbursement under this section if all of the following apply:
(a) The county participates in the administration of both the wildlife damage abatement program and the wildlife damage claim program under s. 29.889.
(b) The county accepts deer carcasses or wild turkey carcasses for processing.
(d) The county pays for the costs of processing the venison or wild turkey meat.
(e) The county shall make reasonable efforts to donate the venison or wild turkey meat as provided under sub. (4).
(4) Donations authorized. A county may donate the processed venison or processed wild turkey meat to a food distribution service or a charitable organization. The county may require that the carcasses be field dressed before accepting them for processing.
(5) Reimbursement; funding. (a) Subject to par. (c), reimbursement under this section shall equal the costs, including administrative costs, that a county incurs in processing the venison or wild turkey meat and in donating the processed venison or wild turkey meat under sub. (4).
(b)1. The department shall reimburse counties under this section from the appropriation under s. 20.370(5)(fs) and (ft).
2. The department shall reimburse counties under this section from the appropriation under s. 20.370(5)(fq) if all of the following apply:
a. The total amount of reimbursable costs exceeds the amount available under s. 20.370(5) (fs) and (ft).
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.
(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.
Credits
<<For credits, see Historical Note field.>>
HISTORICAL AND STATUTORY NOTES
Source:
1999 Act 9, § 784m, eff. Oct. 29, 1999 .
2001 Act 16, §§ 1225, 1226 to 1232e, 1234, eff. Sept. 1, 2001 .
2001 Act 16, §§ 1225m, 1225r, 1232f, eff. Jan. 1, 2002 .
2005 Act 25, §§ 657m, 657p, eff. July 27, 2005 .
2015 Act 31, §§ 5 to 11, eff. July 3, 2015 .
2017 Act 59, § 582r, eff. Sept. 23, 2017 .
2017 Act 366, § 39, eff. April 18, 2018 .
2017 Legislation:
2017 Act 366 amended subsec. (4).
2017 Act 59 repealed subsec. (6).
2015 Legislation:
2015 Act 31 amended the section title and subsecs. (2), (3)(b), (3)(d), (3)(e), (4), and (5)(a).
2005 Act 25 amended subsec. (5)(b)1. and 2.a.
2001 Act 16 amended the section title; consolidated, renumbered and amended subsec. (1)(intro.) and (a) as (1); repealed subsec. (1)(b); amended subsecs. (2) and (3)(b); renumbered subsec. (3)(c) as (5)(b)2.b., then as renumbered, repealed subsec. (5)(b)2.b.; amended subsecs. (3)(e) and (5)(title) and (a); renumbered and amended subsec. (5)(b) as (5)(b)1. and 2.c.; created subsec. (5)(b)2.(intro.) and a.; and amended subsec. (5)(c).