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)(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)(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)(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)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)(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(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)(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(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.
NR 12.41(4)(b)
(b) Hunting access control. Applicants shall possess the authority to control entry for goose hunting on the damaged crop lands and any contiguous lands under the same ownership which are suitable for hunting;
NR 12.41(4)(c)
(c) $1,000 damage extent. Damage to the applicant's crops shall be ongoing and either exceed or be likely to exceed $1,000 in the current calendar year as determined by the county wildlife damage administrator.
NR 12.41(4)(d)
(d) Alternative abatement attempted. The applicant shall comply with all alternative damage abatement techniques recommended by either;
NR 12.41(4)(d)1.
1. The authorized county administrator for lands located in a county participating in a wildlife damage program under s.
29.889, Stats., or
NR 12.41(4)(e)
(e) Normal crop management. The applicant shall be managing the crop lands sustaining damage in accordance with methods normally used by no less than 50% of the other growers in the county. A permit may not be issued for crop lands when 90% or more of any row crop described in the application have been harvested in the county of application.
NR 12.41(4)(f)
(f) Permit and license compliance. The applicant shall have complied with the conditions of any permit to hunt Canada geese causing damage issued to him or her within the 12 months immediately preceding application and may not currently have their hunting license privileges revoked.
NR 12.41(5)
(5)
Permit conditions. Any landowner or lessee permit issued under this section is subject to the following conditions:
NR 12.41(5)(a)1.1. The permittee shall keep the damaged crop lands and any contiguous lands under the same ownership which are suitable for hunting open to public goose hunting subject to subd. 2. during the current calendar year's goose hunting season.
NR 12.41(5)(a)2.
2. Permittees may refuse access to goose hunters for reasonable cause. Reasonable cause may not be based on age, race, religion, color, disability, sex, physical condition, development disability, creed, sexual orientation or national origin. However, the presence of at least 2 hunters per each 40 acres of land suitable for hunting shall constitute reasonable cause for refusal.
NR 12.41(5)(a)3.
3. All lands required to be open to public goose hunting under subd. 1. may not be posted against hunting except to indicate that hunting is by permission only.
NR 12.41(5)(a)4.
4. The landowner or lessee permittee may not charge any form of fee to a person hunting geese pursuant to a Canada goose damage permit issued under this section.
