Chapter NR 12

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.

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)(d)2. 2. The department for lands located in all other counties.

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) (a) Public goose hunting.

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.

NR 12.41(5)(b) (b) Hunter authorization. Upon request by a person who meets the conditions in sub. (6), the permittee shall provide the person with a Canada goose damage hunting permit and no more than 2 carcass tags which will authorize the person to hunt geese causing damage within the authorized area subject to the conditions stated in the permit and this section unless all permits and carcass tags have been issued by the landowner or lessee permittee.

NR 12.41 Note Note: The department will provide the permittee with Canada goose damage hunting permit forms.

NR 12.41(5)(c) (c) Authorized area. A permit issued under this section applies only to the lands described on the permit.

NR 12.41(5)(d) (d) Kill limit. The department may authorize the harvest of up to 20 Canada geese per landowner or lessee permit under the initial authorization depending on the acreage of damaged crop lands and numbers of Canada geese using the site.

NR 12.41(5)(e) (e) Carcass tags. The department shall issue to the landowner or lessee permittee one carcass tag for each goose authorized for harvest under the landowner or lessee permit. The landowner or lessee permittee may retain 2 carcass tags for his or her use and shall issue the remaining carcass tags free of charge to other hunters authorized to participate by the landowner or lessee.

NR 12.41(5)(f) (f) Reporting. The landowner or lessee permittee shall maintain a record of all hunters, including themselves, who participated and were issued carcass tags. Within 3 days following permit expiration, the landowner or lessee permittee shall return their permit, all hunter permit records, all unused carcass tags, and report the number of Canada geese harvested under permit to the department office indicated on the permit.

NR 12.41(5)(g) (g) Permit length. Permits shall remain in effect until all carcass tags issued under this section have been used, but not longer than 7 days, unless the department grants an extension under par. (h).

NR 12.41(5)(h) (h) Permit extensions. If, upon permit expiration, Canada geese continue to cause damage to the landowner or lessee’s crops and the permittee has complied with the conditions of the permit, the department may:

NR 12.41(5)(h)1. 1. Authorize the harvest of additional geese if all previously issued carcass tags have been used; and

NR 12.41(5)(h)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) (a) Licensing.

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)(e) (e) Goose disposition. No person may take or possess more than 2 Canada geese under each permit issued under this section.

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 including tagging and the daily bag limit. 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 History History: 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.

subch. III of ch. NR 12 Subchapter III — Endangered/Threatened Wildlife and Gray Wolf Damage