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 12.40NR 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 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 NoteNote: 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)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 NoteNote: 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)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 12.50NR 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.
NR 12.53(2)(b)(b) Probable E/T species or wolf depredation.
NR 12.53(2)(c)(c) Confirmed non-wolf or non-E/T species depredation.
NR 12.54(1)(a)(a)Verified claims.Only cases classified as confirmed depredation or probable depredation by the department shall be eligible for reimbursement, except as provided in sub. (2) (c).
NR 12.54(1)(b)(b)Compliance. Claimants need to be in compliance with carcass disposal requirements of s. 95.50, Stats., for livestock claims and, for farm-raised deer claims, the farm-raised deer fencing requirements of ss. 90.20 and 90.21, Stats., in order to be eligible for reimbursement.
NR 12.54 NoteNote: Section 95.50, Stats., regulates disposal of livestock carcasses and requires burning or burying the carcass when the animal is suspected of dying from highly dangerous diseases. Sections 90.20 and 90.21, Stats., specify fencing requirements for those who raise or keep farm-raised deer.
NR 12.54(2)(a)(a)Livestock.The department shall reimburse the claimant the fair market value, that is the feeder market value for young of the year or replacement value for adult (1+ years), of livestock killed by E/T species or wolves not to exceed the established maximum for that animal type. A maximum amount to be paid for each type of animal shall be established annually by the department. These maximums shall be determined each year by January 30, by a panel of 3 agriculture experts, one each from Wisconsin department of agriculture, trade and consumer protection, University of Wisconsin-Madison agricultural extension, and the Wisconsin farm bureau federation.
/exec_review/admin_code/nr/001/12trueadministrativecode/exec_review/admin_code/nr/001/12/ii/41/5/aDepartment of Natural Resources (NR)Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreationadministrativecode/NR 12.41(5)(a)administrativecode/NR 12.41(5)(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.
