SB112: Bill Text

Crop damage caused by wild animals WDACP provides financial assistance for wildlife damage abatement measures and makes payments to agricultural producers for claims regarding damage to agricultural crops by certain wildlife. The program is funded in large measure by a wildlife damage surcharge on most hunting approvals. Under current law, the surcharge is $2 for a resident or nonresident approval, and $4 for a resident or nonresident conservation patron license. A conservation patron license consists of a bundle of individual approvals and authorizations, such as a small game hunting license, a trapping license, and an annual fishing license.

Under current law, damage caused by a sandhill crane becomes eligible under WDACP if hunting of those cranes is authorized by DNR.

The bill raises the wildlife damage surcharge to the following amounts: $3 for a resident approval; $4 for a nonresident approval; $6 for a resident conservation patron license; and $8 for a nonresident conservation patron license. However, the bill renders these increases contingent on USFWS approving a sandhill crane hunting season in Wisconsin.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB112,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

- See PDF for table

SB112,2 Section 2. 20.115 (7) (ac) of the statutes is created to read:

SB112,2,12 20.115 (7) (ac) Sandhill crane damage reimbursements. As a continuing appropriation, the amounts in the schedule for the sandhill crane damage reimbursement program under s. 93.67.

SB112,3 Section 3. 20.370 (1) (hy) of the statutes is created to read:

SB112,2,18 20.370 (1) (hy) Sandhill crane management. Fifty percent of all moneys received from the sale of sandhill crane hunting permits under s. 29.165 and the associated processing fee collected under s. 29.563 (14) (a) 4. for developing, managing, preserving, restoring, and maintaining the sandhill crane population and for the sandhill crane hunter education program under s. 29.596.

SB112,4 Section 4. 20.370 (5) (fq) of the statutes is amended to read:

SB112,3,3 20.370 (5) (fq) Wildlife damage claims and abatement. All moneys received under ss. 29.181, 29.559 (1r), and 29.563 (13) and not appropriated under par. (fr) and subs. (1) (hs), (hx), and (Ls) and (5) (fs) and 50 percent of all moneys received from the sale of sandhill crane hunting permits under s. 29.165 and the associated processing fee collected under s. 29.563 (14) (a) 4. to provide state aid for the wildlife damage abatement program under s. 29.889 (5) (c) and the wildlife damage claim program under s. 29.889 (7) (d), for county administration costs under s. 29.889 (2) (d), and for payments under s. 29.89.

SB112,5 Section 5. 29.165 of the statutes is created to read:

SB112,3,19 29.165 Sandhill crane hunting permits. (1) Authorization; restrictions. (a) Department authority. The department shall authorize the hunting of sandhill cranes in this state, subsequent to approval by the U.S. fish and wildlife service, and shall issue sandhill crane hunting permits to limit the number of hunters of sandhill cranes and the number of sandhill cranes harvested in any area of the state. The sandhill crane hunting permit issued by the department shall include any restrictions necessary to comply with federal laws and regulations. The department shall establish by rule one sandhill crane hunting season and may establish by rule closed zones where the hunting of sandhill cranes is prohibited. The department may temporarily close a sandhill crane hunting season during festivals or ecotourism events related to sandhill cranes. The department shall establish restrictions on sandhill crane hunting permits to minimize the inadvertent taking of other bird species, to minimize the likelihood that breeding sandhill cranes are disproportionately hunted, and to minimize any potential impact to whooping cranes.

SB112,3,22 (b) Requirements. No person may hunt sandhill cranes unless he or she has a valid small game license, or other license that authorizes the hunting of small game, and a valid sandhill crane hunting permit.

SB112,4,21 (2) Issuance of permits. (a) Procedure; preference system. If the department issues sandhill crane hunting permits under sub. (1) (a), the department shall determine the number of permits it will issue for a given sandhill crane hunting area and for a given sandhill crane hunting season. If the number of applications for sandhill crane hunting permits for a given hunting area or season does not exceed the number of available sandhill crane hunting permits allocated by the department for that hunting area or that season, the department shall issue a sandhill crane hunting permit to each applicant who pays the applicable fee. If the number of applications for sandhill crane hunting permits for a given hunting area or season exceeds the number of available sandhill crane hunting permits allocated by the department for that area or that season, the department shall issue permits according to a cumulative preference system. The department shall establish preference categories under the cumulative preference system for those applicants who applied for but were not issued permits, with higher priority given to those categories with more preference points than those with fewer preference points. Under the system, the department shall allow each applicant to apply for a preference point or for a permit for each sandhill crane hunting season. The department shall give a preference point to each applicant who applies for a preference point and to each applicant who applies for a permit but who is not selected. If the number of applicants within a preference category exceeds the number of permits available in the category, the department shall select at random within the category the applicants to be issued the permits.

SB112,5,2 (b) Loss of preference points. Applicants who fail to apply for either a preference point or a permit at least once during any 3 consecutive years shall lose all previously accumulated preference points.

SB112,5,4 (c) Permit limitation. No person may apply for or receive more than one sandhill crane hunting permit for one season.

SB112,5,9 (d) Notification; issuance; payment. The department shall issue a notice of approval to those applicants selected to receive a sandhill crane hunting permit under par. (a). A person who receives a notice of approval and who pays the applicable fee in the manner required by the department shall be issued a sandhill crane hunting permit.

SB112,5,13 (3) Use of moneys from fees. Of the fee amounts collected from the sale of sandhill crane hunting permits, including processing of the permits, 50 percent shall be credited to the appropriation account under s. 20.370 (1) (hy) and 50 percent shall be credited to the appropriation account under s. 20.370 (5) (fq).

SB112,6 Section 6. 29.179 (1) (a) 12. of the statutes is created to read:

SB112,5,15 29.179 (1) (a) 12. Sandhill crane hunting permit.

SB112,7 Section 7. 29.179 (4) of the statutes is amended to read:

SB112,5,20 29.179 (4) Retention of preference points. Notwithstanding ss. 29.164 (3) (cr), 29.165 (2) (b), 29.177 (5) (b), 29.184 (6) (b), and 29.192 (4), a person who is transferred an approval under this section shall retain all preference points that he or she has previously accumulated for that type of approval.

SB112,8 Section 8. 29.179 (5) of the statutes is renumbered 29.179 (5) (a).

SB112,9 Section 9. 29.179 (5) (b) of the statutes is created to read:

SB112,5,24 29.179 (5) (b) This section applies to sandhill crane hunting permits only to the extent allowable under federal laws and regulations.

SB112,10 Section 10. 29.180 (1) (a) 8m. of the statutes is created to read:

SB112,6,2 29.180 (1) (a) 8m. Sandhill crane hunting permit.

SB112,11 Section 11. 29.180 (4m) of the statutes is created to read:

SB112,6,5 29.180 (4m) This section applies to sandhill crane hunting permits only to the extent allowable under federal laws and regulations.

SB112,12 Section 12. 29.183 (1) (hm) of the statutes is created to read:

SB112,6,7 29.183 (1) (hm) Sandhill crane hunting permit.

SB112,13 Section 13. 29.183 (6) of the statutes is created to read:

SB112,6,10 29.183 (6) This section applies to sandhill crane hunting permits only to the extent allowable under federal laws and regulations.

SB112,14 Section 14. 29.553 (1) (gm) of the statutes is created to read:

SB112,6,12 29.553 (1) (gm) Sandhill crane hunting permit.

SB112,15 Section 15. 29.563 (2) (c) 3. of the statutes is created to read:

SB112,6,14 29.563 (2) (c) 3. Sandhill crane: $20.

SB112,16 Section 16. 29.563 (2) (d) 3. of the statutes is created to read:

SB112,6,16 29.563 (2) (d) 3. Sandhill crane: $100.

SB112,17 Section 17. 29.563 (13) (a) of the statutes is amended to read:

SB112,6,23 29.563 (13) (a) Surcharge generally. The surcharge for resident approvals listed under subs. (2) (a) 1., 2. and 4. to 9. and (b) 1. to 8. and (4) (a) 1. and 1m. and (b) 1. and 1m. is $2 $3 and shall be added to the fee specified for these approvals under subs. (2) and (4). The surcharge for nonresident approvals listed under subs. (2) (b) 1. to 8. and (4) (b) 1. and 1m. is $4 and shall be added to the fee specified for these approvals under subs. (2) and (4).

SB112,18 Section 18. 29.563 (13) (am) of the statutes is created to read:

SB112,7,4 29.563 (13) (am) Surcharge for sandhill crane permit. The surcharge for a resident sandhill crane hunting permit shall be $3 and the surcharge for a nonresident sandhill crane hunting permit shall be $4. This surcharge shall be paid together with the processing fee specified in sub. (14) (a) 4.

SB112,19 Section 19. 29.563 (13) (b) of the statutes is amended to read:

SB112,7,10 29.563 (13) (b) Surcharge for conservation patron license. The surcharge for resident licenses listed under sub. (4) (a) 2. and 2m. and (b) 2. and 2m. is $4 $6 and shall be added to the fee specified for these approvals under sub. (4). The surcharge for nonresident licenses listed under sub. (4) (b) 2. and 2m. is $8 and shall be added to the fee specified for these approvals under sub. (4).

SB112,20 Section 20. 29.563 (14) (a) 4. of the statutes is created to read:

SB112,7,13 29.563 (14) (a) 4. The processing fee for applications for sandhill crane hunting permits: $4.25.

SB112,21 Section 21. 29.563 (14) (c) 3. of the statutes is amended to read:

SB112,7,20 29.563 (14) (c) 3. Each application for a hunter’s choice permit, bonus deer hunting permit, elk hunting license, wild turkey hunting license, Class A bear license, wolf harvesting license, Canada goose hunting permit, sandhill crane hunting permit, sharp-tailed grouse hunting permit, bobcat hunting and trapping permit, otter trapping permit, fisher trapping permit, or sturgeon fishing permit: 25 cents.

SB112,22 Section 22. 29.563 (14) (c) 4. of the statutes is amended to read:

SB112,7,23 29.563 (14) (c) 4. Each bonus deer hunting permit issued for which a fee is charged under sub. (2) (c) 1. or 1m. or (d) 1. or 2.: 75 cents.

SB112,23 Section 23. 29.596 of the statutes is created to read:

SB112,8,3 29.596 Sandhill crane hunter education program. (1) The department shall establish and conduct a sandhill crane hunter education program. The program shall provide a course of instruction that includes all of the following:

SB112,8,5 (a) History and recovery of the sandhill crane in this state and in the eastern United States.

SB112,8,6 (b) Methods used to distinguish sandhill cranes from other birds.

SB112,8,7 (c) Methods used to estimate the population of sandhill cranes in the state.

SB112,8,8 (d) Areas covered by sandhill crane hunting zones.

SB112,8,10 (e) Any rules promulgated by the department concerning the hunting of sandhill cranes.

SB112,8,17 (2) The department shall offer a test for a person to demonstrate successful completion of the course of instruction and shall issue a certificate of accomplishment for free to a person who completes the course of instruction and passes the test. A certificate of accomplishment issued under this subsection is valid for one year. At least once each year, the department shall offer the test to any person who has previously completed the course of instruction to allow the person to renew their certificate of accomplishment for one year.

SB112,8,19 (3) No person may hunt sandhill cranes unless he or she has a current, valid certificate of accomplishment issued under sub. (2).

SB112,8,24 (4) If the department maintains a system under which the department stores information in an electronic format as described under s. 23.47 (2), the department shall store information in that system relating to persons who have completed a sandhill crane hunter education program, and any associated tests, that satisfies the requirements of this section.

SB112,9,2 (5) The department may not charge a fee for the course of instruction under sub. (1) or the test under sub. (2).

SB112,24 Section 24. 29.889 (1) (e) of the statutes is amended to read:

SB112,9,5 29.889 (1) (e) Sandhill crane, if hunting of sandhill cranes is authorized by the department subsequent to approval by the U.S. fish and wildlife service.

SB112,25 Section 25. 29.938 (intro.) of the statutes is amended to read:

SB112,9,11 29.938 Use by the department of unclaimed, seized, or confiscated property. (intro.) The department may receive, retain, and use for the hunter education programs under ss. 29.591 and, 29.595, and 29.596, the trapper education program under s. 29.597, or other educational hunting, fishing, trapping, or conservation activities the department conducts any of the following property:

SB112,26 Section 26. 29.977 (1) (b) of the statutes is amended to read:

SB112,9,14 29.977 (1) (b) Any moose, fisher, prairie chicken, or sand hill sandhill crane, $262.50.

SB112,27 Section 27. 29.983 (1) (b) 2. of the statutes is amended to read:

SB112,9,17 29.983 (1) (b) 2. For any moose, fisher, prairie chicken, or sand hill sandhill crane, $262.50.

SB112,28 Section 28. 93.67 of the statutes is created to read:

SB112,9,20 93.67 Sandhill crane damage reimbursement program. (1) In this section:

SB112,9,24 (a) “Eligible applicant” means a person that plants corn on land that is operated as part of a farm that produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which the person applies for reimbursement under this section.

SB112,10,2 (b) “Farm” means all land under common ownership that is primarily devoted to agricultural use.

SB112,10,4 (c) “Seed coating” means a nonlethal treatment registered for use on corn seed to discourage sandhill cranes from consuming the seed.

SB112,10,7 (2) (a) The department shall administer a program to provide reimbursements to eligible applicants for the purchase of seed coating that is applied as a seed treatment.

SB112,10,10 (b) A reimbursement under this section shall cover not more than 50 percent of the actual cost of the purchase of seed coating that is applied as a seed treatment and may not exceed $6,250 per eligible applicant per planting season.

SB112,10,15 (c) From March 1 to June 15 of each year, eligible applicants may apply to the department for reimbursement for seed coating purchased no earlier than November 1 of the prior year. Eligible applicants shall provide to the department proof of purchase and an application on a form provided by the department to be eligible to receive a reimbursement under this section.

SB112,10,17 (d) From the appropriation under s. 20.115 (7) (ac), the department shall prioritize reimbursement payments under par. (c) to all of the following:

SB112,10,19 1. Eligible applicants that received a federal depredation permit for sandhill crane in the previous year.

SB112,10,22 2. Eligible applicants that received reimbursement under this section in any of the prior 3 years or that can provide documentation of purchase of seed coating in any of the prior 3 years.

SB112,11,2 3. Eligible applicants planting corn on land vulnerable to sandhill crane depredation as determined by the department in consultation with the department of natural resources and applicable conservation organizations.

SB112,11,8 (e) After reimbursing all eligible applicants under par. (d), from the appropriation under s. 20.115 (7) (ac), the department shall make reimbursement payments to other eligible applicants that have experienced or are likely to experience seed or crop damage from sandhill cranes. The department shall make payments under this paragraph to eligible applicants in the order in which applications are received by the department.

SB112,11,11 (f) The department shall make all reimbursement payments under pars. (d) and (e) no later than September 15 of the year in which applications are made under par. (c).

SB112,11,13 (g) A farm is eligible to receive only one reimbursement payment per year under this section.

SB112,11,19 (3) The department shall compile an annual report detailing the number of reimbursements requested, the total dollar amount requested as reimbursement, the number of reimbursements issued, and the total dollar amount disbursed as reimbursement under this section. The department shall submit the report to the appropriate standing committees of the legislature in the manner provided in s. 13.172 (3) no later than December 31 each year.

SB112,11,23 (4) The department may promulgate rules to establish prioritization of payments under sub. (2) (d) and (e), including identifying applicable conservation organizations under sub. (2) (d) 3. and determining whether eligible applicants have experienced or are likely to experience seed or crop damage under sub. (2) (e).