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AB49,3,72 20.370 (5) (fq) Wildlife damage claims and abatement. All moneys received
3under ss. 29.181, 29.559 (1r), and 29.563 (13) and not appropriated under par. (fr)
4and subs. (1) (hs), (hx), and (Ls) and (5) (fs) to provide state aid for the wildlife damage
5abatement program under s. 29.889 (5) (c) (b) and the wildlife damage claim program
6under s. 29.889 (7) (d), for county administration costs under s. 29.889 (2) (d), and
7for payments under s. 29.89.
AB49,2 8Section 2. 29.889 (2) (a) of the statutes is amended to read:
AB49,3,139 29.889 (2) (a) Assistance Administration. The department shall assist counties
10in developing
develop and administering administer the wildlife damage abatement
11and wildlife damage claim programs. The department shall provide this assistance
12through technical aid, program guidance, research, demonstration, funding, plan
13review, audit and evaluation services.
AB49,3 14Section 3. 29.889 (2) (c) of the statutes is repealed.
AB49,4 15Section 4. 29.889 (2) (d) of the statutes is repealed.
AB49,5 16Section 5. 29.889 (3) of the statutes is repealed.
AB49,6 17Section 6. 29.889 (4) (a) of the statutes is repealed.
AB49,7 18Section 7. 29.889 (4) (b) of the statutes is amended to read:
AB49,4,5
129.889 (4) (b) Filing of application. In order to be eligible for wildlife damage
2abatement assistance, a person is required to file an application with the
3participating county department in a form acceptable to the county department. An
4owner or lessee of land, a person who controls land, or an owner of an apiary or
5livestock may file an application.
AB49,8 6Section 8. 29.889 (4) (c) of the statutes is amended to read:
AB49,4,107 29.889 (4) (c) Other eligibility requirements. In order to be eligible for wildlife
8damage abatement assistance, a person is required to comply with eligibility
9requirements adopted by the department under sub. (2) (b) and with eligibility
10requirements specified in the plan administration under sub. (3) (c)
.
AB49,9 11Section 9. 29.889 (5) (a) of the statutes is amended to read:
AB49,4,1412 29.889 (5) (a) Review. A participating county The department shall review
13each application for wildlife damage abatement assistance to determine if wildlife
14damage is occurring or likely to occur.
AB49,10 15Section 10 . 29.889 (5) (b) and (c) of the statutes are consolidated, renumbered
1629.889 (5) (b) and amended to read:
AB49,5,417 29.889 (5) (b) Assistance. A participating county The department may provide
18wildlife damage assistance where wildlife damage is occurring or is likely to occur
19for the reimbursement of costs associated with wildlife damage abatement measures
20if the measures are authorized in the plan of administration under sub. (3) (c) 2. (c)
21State aid. The rules adopted by the department under sub. (2) (b) and are carried
22out in full compliance with the direction of the department. If the department
23provides wildlife damage abatement assistance to a person, the department shall
24determine the actual cost of providing that wildlife damage abatement assistance.
25The
department shall pay participating counties 75 percent of the actual cost of

1providing wildlife damage abatement assistance if wildlife damage abatement
2measures are carried out in full compliance with the direction of the county and with
3funding requirements adopted under sub. (2) (b)
and shall require the recipient to
4be responsible for the remaining 25 percent of that cost
.
AB49,11 5Section 11. 29.889 (5) (bm) of the statutes is amended to read:
AB49,5,96 29.889 (5) (bm) Cost-effectiveness of abatement. A participating county The
7department
may recommend only those wildlife damage abatement measures that
8are cost-effective in relation to the wildlife damage claim payments that would be
9paid if the wildlife damage abatement measures are not implemented.
AB49,12 10Section 12. 29.889 (5) (bs) of the statutes is amended to read:
AB49,5,1411 29.889 (5) (bs) Abatement authorized. Notwithstanding par. (bm), for damage
12caused by elk to crops or grasses grown for use by a bird hunting preserve licensed
13under ch. 169, a participating county the department may recommend fencing the
14affected property as a damage abatement measure.
AB49,13 15Section 13. 29.889 (5) (d) of the statutes is created to read:
AB49,5,1816 29.889 (5) (d) Bear traps. The department shall require that any bear trap
17acquired with wildlife damage abatement assistance be equipped with a remote
18monitor.
AB49,14 19Section 14. 29.889 (6) (a) of the statutes is repealed.
AB49,15 20Section 15. 29.889 (6) (d) of the statutes is amended to read:
AB49,5,2521 29.889 (6) (d) Compliance with wildlife damage abatement measures. In order
22to be eligible for wildlife damage claim payments for an occurrence of wildlife
23damage, a person seeking wildlife damage claim payments shall have complied with
24any wildlife damage abatement measures to abate that wildlife damage that were
25recommended by the county department.
AB49,16
1Section 16. 29.889 (6) (em) of the statutes is amended to read:
AB49,6,92 29.889 (6) (em) Type of wildlife damage. The type of wildlife damage that is
3eligible for wildlife damage claim payments shall be limited to damage to commercial
4seedings or crops growing on agricultural land, damage to crops that have been
5harvested for sale or further use but that have not been removed from the
6agricultural land, damage to orchard trees or nursery stock, or damage to apiaries
7or livestock. Damage to commercial seedings or crops growing on agricultural land
8caused by operating a vehicle in a field in order to place a bear trap pursuant to the
9wildlife damage abatement program is eligible for wildlife damage claim payment.
AB49,17 10Section 17. 29.889 (6) (f) of the statutes is amended to read:
AB49,6,1411 29.889 (6) (f) Other eligibility requirements. In order to be eligible for wildlife
12damage claim payments, a person is required to comply with eligibility requirements
13adopted by the department under sub. (2) (b) and with eligibility requirements
14specified in the plan of administration under sub. (3) (c)
.
AB49,18 15Section 18. 29.889 (7) (a) of the statutes is amended to read:
AB49,6,1916 29.889 (7) (a) Investigation. A participating county The department shall
17investigate each statement of claim and determine the total amount of the wildlife
18damage that occurred, regardless of the amount that may be eligible for payment
19under par. (b).
AB49,19 20Section 19. 29.889 (7) (b) (intro.) of the statutes is amended to read:
AB49,6,2321 29.889 (7) (b) Calculating amount of payment. (intro.) In calculating the
22amount of the wildlife damage claim payment to be paid for a claim under par. (a),
23the participating county department shall determine the amount as follows:
AB49,20 24Section 20 . 29.889 (7) (b) 2. of the statutes is amended to read:
AB49,7,3
129.889 (7) (b) 2. If the amount of claim is more than $500 but not more than
2$5,250 $5,500, the claimant will be paid 100 percent of the amount of the claim that
3exceeds $500.
AB49,21 4Section 21. 29.889 (7) (b) 3. of the statutes is amended to read:
AB49,7,75 29.889 (7) (b) 3. If the amount of the claim is more than $5,250 $5,500, the
6claimant will be paid the amount calculated under subd. 2., plus 80 percent of the
7amount of the claim that exceeds $5,250, subject to subd. 4. $5,500.
AB49,22 8Section 22. 29.889 (7) (b) 4. of the statutes is repealed.
AB49,23 9Section 23. 29.889 (7) (bm) of the statutes is repealed.
AB49,24 10Section 24. 29.889 (7) (d) 2. of the statutes is amended to read:
AB49,7,1711 29.889 (7) (d) 2. The department shall pay claimants under subd. 1. from the
12appropriation under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq)
13payments made for county administrative costs under sub. (2) (d) and payments
14made for wildlife damage abatement assistance under sub. (5) (c) (b). If the amount
15remaining after these deductions from the appropriation under s. 20.370 (5) (fq) are
16not sufficient to pay the full amount required under subd. 1., the department shall
17pay claimants on a prorated basis.
AB49,25 18Section 25. 29.889 (7m) (a) of the statutes is amended to read:
AB49,8,219 29.889 (7m) (a) Requirements. A person who receives wildlife damage
20abatement assistance or wildlife damage claim payments and any other person who
21owns, leases, or controls the land where the wildlife damage occurred shall permit
22hunting of the type of wild animals causing the wildlife damage on that land and on
23contiguous land under the same ownership, lease or control, subject to par. (ae). In
24order to satisfy the requirement to permit hunting under this subsection, the land
25shall be open to hunting during the appropriate open season. The county, with the

1assistance of the
department, shall determine the acreage of land suitable for
2hunting.
AB49,26 3Section 26. 29.889 (7m) (ar) (intro.) of the statutes is amended to read:
AB49,8,54 29.889 (7m) (ar) Exemption; land not required to be open to hunting. (intro.)
5The requirement under par. (a) does not apply to a any of the following:
AB49,8,8 61m. A person to whom the department grants a shooting permit for deer
7causing damage that is issued as an abatement measure recommended under this
8section if all of the following apply:
AB49,27 9Section 27. 29.889 (7m) (ar) 1. and 2. of the statutes are renumbered 29.889
10(7m) (ar) 1m. a. and b.
AB49,28 11Section 28. 29.889 (7m) (ar) 2m. of the statutes is created to read:
AB49,8,1312 29.889 (7m) (ar) 2m. A person who acquires a bear trap with wildlife damage
13abatement assistance under this section if all of the following apply:
AB49,8,1414 a. The person leases the land on which the trap is placed.
AB49,8,1615 b. The person waives any eligibility to receive a wildlife damage claim payment
16under sub. (7) for wildlife damage caused by bears.
AB49,29 17Section 29. 29.889 (8g) of the statutes is amended to read:
AB49,8,2118 29.889 (8g) Review. A participating county's The department's determination
19of the amount of wildlife damage, the amount of a wildlife damage claim, or the
20amount of wildlife damage abatement assistance shall be treated as a final decisions
21decision for purposes of review.
AB49,30 22Section 30. 29.889 (8r) of the statutes is amended to read:
AB49,9,223 29.889 (8r) Records; entry to land. (a) Records. A person receiving wildlife
24damage abatement assistance or wildlife damage claim payments shall retain all
25records as required by the participating county or the department and make them

1available to the participating county or the department for inspection at reasonable
2times.
AB49,9,53 (b) Entry to land. The department or a participating county may enter and
4inspect, at reasonable times, any land for which a wildlife damage claim has been
5filed or for which wildlife damage abatement measures have been implemented.
AB49,9,116 (c) Responsibilities. No person may refuse entry or access to or withhold
7records from the department or the participating county under this subsection. No
8person may obstruct or interfere with an inspection by the department or a
9participating county
under this subsection. The department or participating county,
10if requested, shall furnish to the person a report setting forth all of the factual
11findings by the department or participating county that relate to the inspection.
AB49,31 12Section 31 . 29.89 (3) (a) of the statutes is repealed.
AB49,32 13Section 32 . 29.89 (5) (b) 2. c. of the statutes is amended to read:
AB49,9,1714 29.89 (5) (b) 2. c. Moneys are available under s. 20.370 (5) (fq) after first
15deducting from s. 20.370 (5) (fq) payments made for county administrative costs,
16payments made for wildlife damage abatement assistance, and wildlife damage
17claim payments under s. 29.889.
AB49,33 18Section 33 . Initial applicability.
AB49,9,2119 (1) Remote monitoring of bear traps. The treatment of s. 29.889 (5) (d) first
20applies to a bear trap acquired with wildlife damage abatement assistance on July
212, 1983.
AB49,34 22Section 34. Effective dates. This act takes effect on January 1, 2022, except
23as follows:
AB49,9,2524 (1) Remote monitoring of bear traps. The treatment of s. 29.889 (5) (d) and
25Section 33 (1) of this act take effect on June 30, 2021.
AB49,10,3
1(2) Types of eligible damage and hunting land exemption. The treatment of
2s. 20.889 (6) (em) and (7m) (ar) (intro.), 1., 2., and 2m. takes effect on the day after
3publication.
AB49,10,44 (End)
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