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 or as otherwise directed by the department.
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 12.39(1)(1)In this section, “records” means books, documents, papers, accounting records, audits, and other evidence and accounting procedures and practices. This includes records in electronic and paper form.
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 for a period of 3 years after any appeals, litigation, claims, or exceptions have been 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 12.40NR 12.40Termination.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 12.41NR 12.41Permits to hunt Canada geese causing spring 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 shooting permits valid between May 1 and August 31 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 spring 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(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 approved 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 the county or the county’s agent.
NR 12.41(4)(f)(f)Permit and license compliance. The applicant shall have complied with the conditions of any permit to remove Canada geese causing spring agriculture damage issued to him or her within the 12 months immediately preceding application.
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)(f)(f)Reporting. The landowner or lessee permittee shall maintain a record of all hunters, including themselves. Upon request from the county, its agent, or the department, the landowner or lessee permittee shall return their permit and all hunter permit records. The permittee shall report all Canada geese harvested under the permits to the department by October 31 of the year the permit was issued.
NR 12.41(5)(g)(g)Permit length. Permits shall only be valid from May 1 to August 31 of each year.
NR 12.41(5)(g)1.1. Authorize the harvest of additional geese if all previously issued carcass tags have been used; and
NR 12.41(5)(g)2.2. Extend the effective dates of the permit to allow use of any subsequent or previously issued carcass tags.
NR 12.41(6)(6)Conditions of hunting. No person may hunt or possess Canada geese under a permit issued under this section unless they have complied with the following conditions:
NR 12.41(6)(a)1.1. The landowner or lessee permittee shall only be required to comply with the federal migratory bird stamp purchase and possession requirements.
NR 12.41(6)(a)2.2. All persons other than the landowner or lessee permittee who are authorized to participate under this section shall possess all state and federal licenses, permits and stamps required to hunt Canada geese within the goose hunting zone which contains the lands described on the permit.
NR 12.41(6)(b)(b)Use of other permits. All persons authorized to participate under this section shall have used any other goose hunting permit and carcass tags issued to them which are valid for the locations and effective dates specified in the landowner or lessee permit prior to using the carcass tags issued under this section.
NR 12.41(6)(c)(c)Reporting. All persons issued a permit under this section shall report the harvest of a Canada goose to the landowner or lessee permittee and mail a completed goose harvest report card to the department within 48 hours of the time of harvest.
NR 12.41(6)(d)(d)Carcass tags. All persons issued carcass tags under this section shall immediately peel off and affix the carcass tag identification number to the appropriate location on the forms provided by the department. Carcass tags are nontransferable.
NR 12.41(6)(f)(f)Regulation compliance. Except as otherwise authorized in this section, all participants shall comply with all state and federal waterfowl hunting regulations. Any geese taken by a person who has not complied fully with this section shall be considered illegally obtained.
NR 12.41(6)(g)(g)Permit possession. All persons hunting Canada geese under a permit issued under this section shall carry on his or her person the permit authorizing their participation.
NR 12.41 HistoryHistory: Cr. Register, July, 1987, No. 379, eff. 8-1-87; am. (3) (f), July, 1988, No. 391, eff. 8-1-88; emerg. r. and recr., eff. 9-21-88; r. and recr. Register, January, 1989, No. 397, eff. 2-1-89; emerg. am. (3), (5) (e), r. and recr. (5) (c) and (d), r. (5) (g), cr. (5) (i), eff. 9-15-89; CR 03-029: renum. from NR 19.84, corrections in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576, eff. 1-1-04; CR 19-146: am. (5) (a) 2. Register June 2020 No. 774, eff. 7-1-20; CR 24-055: am. (title), (1), (3), (4) (intro.), renum. (4) (d) (intro.) to (4) (d) and am., r. (4) (d) 1., 2., (e), am. (4) (f), r. (5) (a) 3., 4., (b) to (e), am. (5) (f), (g), r. (5) (h), r. and recr. (6) (e), am. (6) (f) Register April 2025 No. 832, eff. 5-1-25.
NR 12.50NR 12.50Purpose.This subchapter is adopted to implement and administer the payment of claims for damage associated with endangered and threatened species funded under s. 20.370 (1) (fs), Stats., and for damage caused by gray wolves authorized by s. 71.10 (5) (am), Stats.
NR 12.50 NoteNote: Section 71.10 (5) (am) was repealed by the 2011 legislature.
NR 12.51NR 12.51Applicability.This subchapter applies to claims for damages caused by E/T species and gray wolves. It is not applicable to damage caused by gray wolves when the department authorizes either public hunting or trapping of gray wolves, or both.
NR 12.52NR 12.52Definitions.For the purposes of this subchapter:
NR 12.52(1)(1)“Confirmed depredation” means that the department has found clear evidence that wolves or an E/T species were responsible for the depredation or injury, such as a carcass present with bite marks and associated hemorrhaging, tracks in the immediate vicinity or other sign.
NR 12.52(2)(2)“Confirmed non-wolf or non-E/T species depredation” means the department has found conclusive evidence that something other than an E/T species or wolf killed or injured the animal.
NR 12.52(3)(3)“Department” means the Wisconsin department of natural resources or agents designated by the department.
NR 12.52(4)(4)“E/T species” means any animal on the Wisconsin list of endangered species under s. NR 27.02 or threatened species under s. NR 27.03.
NR 12.52(5)(5)“Hunting dogs” means any dog used in the pursuit of game animals.
NR 12.52(6)(6)“Livestock” means the following farm animals: bison and other bovine animals, sheep, goats, swine, farm-raised deer, equine animals, poultry, ratites, llamas, alpacas, captive game animals, guard animals for livestock, and fish.
NR 12.52(7)(7)“Pets” mean dogs and other domestic animals maintained as companion animals.
NR 12.52(8)(8)“Probable depredation” means that the department did not find a carcass from a reported depredation or the damage observed on the carcass was inconclusive but there is evidence of depredation such as a kill site, blood trails, tracks or scat located in the immediate vicinity.
NR 12.52(9)(9)“Unconfirmed depredation” means any depredation that is not a confirmed depredation or a probable depredation.
NR 12.53NR 12.53Depredation verification procedures.
NR 12.53(1)(1)Response time. Any person who believes that livestock, pets or hunting dogs owned by the person has been injured or killed by an E/T species or a gray wolf and wishes to seek compensation under this subchapter shall contact the department within 24 hours of the depredation or within 24 hours of becoming aware of missing livestock, pets or hunting dogs. The complainant shall provide the location of the depredation and a description of the animals injured, killed or missing. The department shall make an onsite inspection within 48 hours of receipt of the complaint and draft a written report of the investigation, which shall include an estimate of the value of the loss.
NR 12.53 NoteNote: The Department will contract with the U.S. Department of Agriculture-APHIS-Wildlife Services to handle complaint contacts and response.
NR 12.53(2)(2)Verification categories. Each complaint received under this section shall be classified by the department under one of the following:
NR 12.53(2)(a)(a) Confirmed E/T species or wolf depredation.
/code/admin_code/nr/001/12trueadministrativecode/code/admin_code/nr/001/12/ii/39/4/aDepartment of Natural Resources (NR)Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreationadministrativecode/NR 12.39(4)(a)administrativecode/NR 12.39(4)(a)sectiontrue
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.
