Chapter NR 12

NR 12.36(3)(b)5. 5. ‘Hunter densities.’ The enrollee shall allow at least 2 hunters per 40 acres of land suitable for hunting at any given time of the appropriate hunting season. The enrollee and hunting members of the immediate family that reside in the enrollee’s household may be counted towards this hunter density restriction.

NR 12.36(3)(b)6. 6. ‘Refusal.’ Enrollees may refuse hunting access for reasonable cause as defined in s. NR 12.31 (7).

NR 12.36(3)(b)7. 7. ‘Complaints.’ Upon receiving a written complaint from a hunter denied access, the county, its agent or the department shall review hunting access records required under this chapter to verify compliance. Verification that access requirements have been violated shall require the county or its agent to deny further abatement and claims assistance to the enrollee for calendar year in which the violation occurred and the following calendar year. In addition, an enrollee may be subject to the penalties in s. 29.889 (10), Stats.

NR 12.36(3)(b)8. 8. ‘Enrollee registration.’ An enrollee and his or her immediate family who live year round on the enrollee’s property shall register by signing in on the daily hunting access log when they hunt.

NR 12.36(3)(b)9. 9. ‘Parking.’ Enrollees shall ensure adequate parking exists with enough parking area to accommodate the minimum required number of hunters and shall clearly describe these arrangements to the hunters.

NR 12.36(4) (4) The county shall maintain the current year’s list of all enrollees and make the list available upon request for public inspection.

NR 12.36(5) (5) Hunters may hunt only the species causing damage unless the enrollee or landowner has granted permission to hunt other species.

NR 12.36 Note Note: Hunting other species or engaging in other activities not authorized by the enrollee or landowner may be considered trespass in violation of s. 943.13, Stats.

NR 12.36(6) (6) Enrollees may restrict hunting access of bear hunters using dogs if trespass on adjoining private properties is likely to occur.

NR 12.36(7) (7) Motorized vehicles may not be used anywhere but the designated drive-way and parking location on the enrollee’s land unless authorized by the enrollee.

NR 12.36(8) (8) Access hunters may not use permanent deer stands on enrolled properties unless authorized by the enrollee. An access hunter may use his or her own portable stand, but it shall be removed daily at the end of shooting hours, unless otherwise authorized by the enrollee. When registering on the hunting log, the hunter shall certify that he or she holds the enrollee and landowner harmless from any injuries associated with the hunter’s hunting activity on the enrolled property, including any authorized use of hunting stands.

NR 12.36(9) (9) Exemption. The hunting access requirement does not apply to enrollees where the damage is to apiaries on lands where the applicant does not have hunting access control, pursuant to s. 29.889 (7m) (am), Stats.

NR 12.36(10) (10) Posting. Enrollees may not post the enrolled land “no hunting” or “no trespassing” and shall remove any such existing signs. Enrollees may post their lands “hunting by permission only”.

NR 12.36 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99; CR 03-018: am. (3) (b) 1. c. Register October 2003 No. 574, eff. 1-1-04; CR 03-029: renum. from NR 19.795 Register December 2003 No. 576, eff. 1-1-04; corrections in (3) (b) 1. a. and 6. made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; CR 08-021: am. (1), cr. (1m) Register November 2008 No. 635, eff. 12-1-08; correction in (1m) made under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635; CR 10-020: am. (3) (b) 7. Register October 2010 No. 658, eff. 11-1-10.

NR 12.37 NR 12.37 Wildlife damage claims.

NR 12.37(1) (1) 

NR 12.37(1)(a) (a) Wildlife damage claims may be paid only to persons owning or controlling land within the county of administration who also have authority to control entry on those lands for purposes of hunting.

NR 12.37(1)(b) (b) Row crops which are stranded by weather catastrophe over winter are not eligible for wildlife damage claims.

NR 12.37(1)(c) (c) Row and forage crops remaining unharvested after 90% of these crops have been harvested in the county are not in compliance with normal agricultural practices, as required by s. 29.889 (6) (dm), Stats.

NR 12.37(1)(d) (d) Wildlife damage claims shall be paid only to persons owning the eligible types of damaged crops stated in s. 29.889 (6) (em), Stats., if caused by any species included under s. 29.889, Stats.

NR 12.37(2) (2) 

NR 12.37(2)(a) (a) All wildlife damage claims approved by the county shall be filed with the department no later than March 1 following the calendar year in which the damage occurred.

NR 12.37(2)(b) (b) The department shall review and act on properly filed claims no later than June 1 following the calendar year in which the damage occurred.

NR 12.37(3) (3) If the approved claims exceed the funds available, claims shall be paid on a prorated basis. When prorating claims, the department shall pay a percent of each eligible claim equivalent to the percent of the total approved claim amount that can be paid with the total available funds.

NR 12.37(4) (4) 

NR 12.37(4)(a) (a) All claimants for damage payments, recognized and included in the county plan, shall meet all of the following eligibility requirements:

NR 12.37(4)(a)1. 1. The lands subject to the claim shall have been in cultivation, a Christmas tree plantation or in an approved agriculture stabilization and conservation service set-aside program for at least 5 consecutive years prior to the application.

NR 12.37(4)(a)2. 2. The crops subject to the claim were not planted or manipulated to attract deer, elk, turkey, bear or geese.

NR 12.37(4)(a)3. 3. Unless otherwise provided by the county, the claimant shall have notified the county of his or her intent to harvest crops subject to damage but not less than 10 days prior to the harvest.

NR 12.37(4)(a)4. 4.

NR 12.37(4)(a)4.a. a. If a claimant has been issued a deer shooting permit under s. NR 12.16, the claimant has complied with the deer harvest objectives in s. NR 12.16 (2).

NR 12.37(4)(a)4.b. b. The county may adopt an exemption recommendation resulting from procedures described in s. NR 12.16 (2) (b) 2. for a permittee enrolled in the WDACP.

NR 12.37(4)(a)5. 5. If an enrollee has participated in the WDACP the previous year, and had in excess of $1,000 of appraised deer or elk damage losses in the previous year on contiguous land or land within the same section, as documented by the enrollee’s previous claims appraisal conducted by the respective county, or the county’s agent, to be eligible for claims the enrollee shall implement a deer damage shooting permit that shall automatically be issued by the department to the enrollee by February 15 and shall comply with subd. 4.

NR 12.37(4)(a)6. 6. The county shall, as a condition of providing claims assistance, require full cooperation and assistance of the enrollee in operating, maintaining and applying appraisal equipment as deemed needed by the county or its agent. An enrollee who engages in abusive or threatening language shall also be considered uncooperative. Uncooperative enrollees shall be ineligible for program claims assistance for the remainder of the calendar year in which they were uncooperative and the following calendar year. Upon determining an enrollee is uncooperative and ineligible for further program assistance, the county or its agent shall notify the enrollee in writing that the enrollee’s program participation is terminated.

NR 12.37(4)(b) (b) The county, in addition to requirements in par. (a), may establish further requirements deemed reasonable and necessary to administer this subchapter.

NR 12.37(5) (5) Crops subject to claims and payments under this subchapter and s. 29.889, Stats., shall be described in the plan.

NR 12.37(6) (6) In order to be eligible for claims, a claimant shall comply with the hunting access provisions described in s. NR 12.36.

NR 12.37 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (4) (a) (intro.) and 2., cr. (4) (a) 4., Register, May, 1994, No. 461 eff. 6-1-94; (1) renum. to be (1) (a), and (4) (a) 4. to be (4) (a) 4. a., cr. (1) (b), (c), (4) (a) 4. b., 5., 6. and (6), am. (3), Register, January, 1999, No. 517, eff. 2-1-99; CR 00-154: am. (4) (a) 5., Register January 2002 No. 553, eff. 2-1-02; CR 03-018: am. (4) (a) 2. and 5. Register October 2003 No. 574, eff. 1-1-04; CR 03-029: renum. from NR 19.80 Register December 2003 No. 576, eff. 1-1-04; corrections made to (6) under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; CR 05-031: cr. (1) (d) Register October 2005 No. 598, eff. 11-1-05; CR 10-020: am. (4) (a) 6. Register October 2010 No. 658, eff. 11-1-10.

NR 12.38 NR 12.38 Woven-wire and electric barrier fence construction.

NR 12.38(1) (1) Specific applications and funding for woven-wire and electric barrier fences shall be approved by the department and county and included in the county plan. Woven-wire and electric barrier fences are permanent, high-profile fences built to function 15 years or more.

NR 12.38(2) (2) Prior to granting its approval, the department shall assure:

NR 12.38(2)(a) (a) Deer or elk damage has occurred or is occurring on the lands of the applicant and is likely to occur in the future; and

NR 12.38(2)(b) (b) The applicant is eligible to receive deer or elk damage claim payments.

NR 12.38(3) (3) Should it appear that the cost of providing woven-wire fences to applicants will exceed the funds available for abatement and claims, the department, in reviewing applications, shall grant priority after considering:

NR 12.38(3)(a) (a) The crops to be protected are continuing and long-term in nature, and the costs of future damage claims may exceed the cost of fence construction over the lifetime of the fence.

NR 12.38(3)(b) (b) The applicant has fully cooperated and assisted in applying recommended damage abatement measures.

NR 12.38(3)(c) (c) The landowner agrees to construct and maintain the fence for a period of time determined reasonable in the county plan.

NR 12.38(4) (4) The department, exercising reasonable judgment, shall base its decision on priority under sub. (3) on the criteria listed in sub. (3) and the best interest of the state, considering the costs of constructing the barrier fence, the projected amount of damages without the fence and the available funding.

NR 12.38(5) (5) 

NR 12.38(5)(a) (a) The county and its agent shall follow permanent barrier fence project development, contracting, bidding, funding, billing, and contract term inspection procedures detailed in the WDACP technical manual.

NR 12.38(5)(b) (b) A permanent fence contract approved by the department shall be used by the county and its agent for any WDACP funded fence. In addition, the county and its agent may not solicit bids for a fence contract without written approval of the department. This contract shall be signed by the enrollee, the county and its agent, and the department prior to expenditure of program funds for fence costs.

NR 12.38 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (1), cr. (5), Register, January, 1999, No. 517, eff. 2-1-99; CR 03-018: am. (1), (2) (a), (b), (4) and (5) (a) Register October 2003 No. 574, eff. 1-1-04; CR 03-029: renum. from NR 19.81 Register December 2003 No. 576, eff. 1-1-04.

NR 12.39 NR 12.39 County recordkeeping.

NR 12.39(1) (1) In this section, “records” means books, documents, papers, accounting records, audits, and other evidence and accounting procedures and practices.

NR 12.39(2) (2) The county is responsible for maintaining a financial management system which shall adequately provide for:

NR 12.39(2)(a) (a) Accurate, current and complete disclosure of the financial results of the program in accordance with department reporting requirements and in accordance with generally accepted accounting principles and practices, consistently applied, regardless of the source of funds.

NR 12.39(2)(b) (b) Effective control over and accountability for all project funds, property, and other assets.

NR 12.39(2)(c) (c) Comparison of actual budget amounts for the program.

NR 12.39(2)(d) (d) Procedures for determining the eligibility and allocability of costs in accordance with the plan of administration.

NR 12.39(2)(e) (e) Accounting records supported by source documentation.

NR 12.39(2)(f) (f) Audits to be made by the county or at the county’s direction to determine, at a minimum, the fiscal integrity of financial transactions and reports, and the compliance with the terms of the grant agreement. The county shall schedule such audits with reasonable frequency, usually annually, but not less frequently than once every 2 years, considering the nature, size and complexity of the activity.

NR 12.39(2)(g) (g) A systematic method to assure timely and appropriate resolution of audit findings and recommendations.

NR 12.39(3) (3) The following record and audit policies are applicable to all department grants and to all subagreements.

NR 12.39(3)(a) (a) The county shall maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to properly reflect:

NR 12.39(3)(a)1. 1. The amount, receipt and disposition by the county of all assistance received for the project, including both state assistance and any matching share or cost sharing; and

NR 12.39(3)(a)2. 2. The total costs of the project, including all direct and indirect costs of whatever nature incurred for the performance of the project for which the state grants have been awarded. In addition, contractors of grantees, including contractors for professional services, shall also maintain books, documents, papers, and records which are pertinent to a specific state grant award.

NR 12.39(3)(b) (b) The county’s records and the records of contractors, including professional services contracts, shall be subject at all reasonable times to inspection, copying and audit by the department.

NR 12.39(3)(c) (c) The county and contractors of the county shall preserve and make their records available to the department:

NR 12.39(3)(c)1. 1. Until expiration of 3 years from the date of final settlement, or

NR 12.39(3)(c)2. 2. For such longer periods, if required by applicable statute or lawful requirement; or

NR 12.39(3)(c)3. 3. If a program is terminated completely or partially, the records relating to the work terminated shall be preserved and made available for a period of 3 years from the date of any resulting final termination settlement; or

NR 12.39(3)(c)4. 4. Records which relate to appeals, disputes, litigation on the settlement of claims arising out of the performance of the project for which funds were awarded, or costs and expenses of the project to which exception has been taken by the department or any of its duly authorized representatives, shall be retained until any appeals, litigation, claims or exceptions have been finally resolved.

NR 12.39(4) (4) 

NR 12.39(4)(a) (a) Preaward or interim audits may be performed on applications and awards.

NR 12.39(4)(b) (b) A final audit shall be conducted after the submission of the final payment request. The time of the final audit shall be determined by the department and may be prior or subsequent to final settlement. Any settlement made prior to the final audit is subject to adjustment based on the audit. Counties and subcontractors of counties shall preserve and make their records available upon request.

NR 12.39 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; CR 03-029: renum. from NR 19.82 Register December 2003 No. 576, eff. 1-1-04.

NR 12.40 NR 12.40 Termination. The department shall, upon 30 days notice, terminate a county application and plan under s. 29.889, Stats., and this subchapter for any violation of the plan, the statute or rules or failure to properly report costs of the program or claims or comply with recordkeeping or audit procedures.

NR 12.40(1) (1) A county may, upon 30 days notice to the department, terminate its application and plan under s. 29.889, Stats., and this subchapter.

NR 12.40(2) (2) The department is responsible for payment of costs, in accordance with this subchapter, which are incurred for wildlife damage abatement prior to termination and for claims filed and approved by the county prior to that date.

NR 12.40 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; CR 03-029: renum. from NR 19.83 Register December 2003 No. 576, eff. 1-1-04.

NR 12.41 NR 12.41 Permits to hunt Canada geese causing agricultural damage.

NR 12.41(1) (1) Issuance authority. Contingent upon the establishment of a federal harvest quota and goose season framework valid for Wisconsin and in accordance with this section, the department may issue Canada goose damage hunting permits to agricultural crop land owners or lessees experiencing crop damage by Canada geese. Permittees may issue Canada goose damage hunter permits to other persons and authorize them to assist by hunting Canada geese causing damage.

NR 12.41(2) (2) Definitions. For purpose of this section:

NR 12.41(2)(a) (a) “Goose hunting zone” means those established under s. NR 10.31.

NR 12.41(2)(b) (b) “Lands suitable for hunting” means as defined in s. NR 12.31 (4).

NR 12.41(3) (3) Application requirement. An applicant shall apply for a landowner or lessee permit to hunt Canada geese causing agricultural damage under this section on forms supplied by the department. A separate application is required for each parcel of noncontiguous crop lands.

NR 12.41 Note Note: The forms may be obtained from department field stations or county wildlife damage program offices.

NR 12.41(4) (4) Permit issuance criteria. After determining that issuance or extension of permits under this section will not result in the harvest of Canada geese which exceeds the federally assigned quota, the department may issue goose damage hunting permits only to landowners or lessees meeting the following criteria:

NR 12.41(4)(a) (a) Ownership of crops being damaged. The applicant shall be an individual who owns or leases the crop lands being damaged or be one officer of the corporation that owns or leases the crop lands being damaged. No more than one landowner or lessee permit may be issued for a parcel of land at the same time.