NR 12.32 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; CR 03-029: renum. from NR 19.77 Register December 2003 No. 576, eff. 1-1-04.

NR 12.33 NR 12.33 WDACP technical manual. The department’s WDACP technical manual (Wildlife Damage Abatement and Claims Program Technical Manual, Volume 1/Reference Handbook/134pp., Volume 2/Field Handbook/153pp., Wis. Dept. of Natural Resources, July 1, 1998) shall specify WDACP procedures and requirements including the following:

NR 12.33(1) (1) Authorized wildlife damage abatement measures and methods for implementing and paying for these abatement measures.

NR 12.33(2) (2) Forms and procedures for payment and processing of statement of claims and applications for abatement assistance.

NR 12.33(3) (3) Procedures and standards for determining the amount of wildlife damage.

NR 12.33(4) (4) Procedures for record keeping, audits and inspections.

NR 12.33 Note Note: Copies of any WDACP technical manual may be obtained from the Wildlife Damage Specialist, WDNR, Bureau of Wildlife Management, GEF 2, P.O. Box 7921, Madison, WI 53707-7921.

NR 12.33 Note Note: The WDACP technical manual is on file at the offices of the department of natural resources, the secretary of state and the legislative reference bureau.

NR 12.33 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99; CR 03-029: renum. from NR 19.775 Register December 2003 No. 576, eff. 1-1-04.

NR 12.34 NR 12.34 Administrative and abatement costs and fund advancement to counties.

NR 12.34(3) (3) Counties shall submit reimbursement requests for administration and abatement costs to the department quarterly according to the following schedule: by May 31 for the first quarter, January 1 through March 31; by August 31 for the second quarter, April 1 through June 30; by November 30 for the third quarter, July 1 through September 30; and no later than March 1 for the final reimbursement request for the fourth quarter, October 1 through December 31.

NR 12.34(4) (4) A county may not be reimbursed for administrative or abatement costs in excess of the estimate contained in the plan without approval of the department.

NR 12.34 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; emerg. am. (1), r. and recr. (3), eff. 7-1-98; am. (1) (a) and (b), r. and recr. (3), Register, January, 1999, No. 517, eff. 2-1-99; CR 03-029: renum. from NR 19.78 Register December 2003 No. 576, eff. 1-1-04; CR 19-146: r. (1), (2), (3) (title) Register June 2020 No. 774, eff. 7-1-20.

NR 12.35 NR 12.35 Wildlife damage abatement.

NR 12.35(1) (1) Costs of wildlife damage abatement measures rendered by a county under the plan are eligible for reimbursement under s. 29.889, Stats., only when rendered to persons owning or controlling land within the county of administration.

NR 12.35(2) (2) Abatement measures rendered by a county under s. 29.889, Stats., are limited to those which are detailed in the WDACP technical manual, or authorized in writing by the department and shall be cost-effective as required by s. 29.889 (5) (bm), Stats.

NR 12.35(3) (3) Woven-wire barrier fences, for which an application has been approved by the county and department, under s. NR 12.38, shall be included in the plan for the calendar year succeeding the fence application, unless otherwise approved by the department.

NR 12.35(4) (4) The county shall, as a condition of providing abatement assistance, require full cooperation and assistance of the enrollee in operating, maintaining and applying all abatement measures. An enrollee who engages in abusive or threatening language shall also be considered uncooperative. Uncooperative enrollees shall be ineligible for program abatement 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 12.35(5) (5) 

NR 12.35(5)(a) (a) Cost-sharing. In accordance with the WDACP technical manual, the county or its agent shall determine the actual costs of providing wildlife damage abatement assistance to provide 75% cost-sharing. For permanent damage abatement measures, the enrollee shall provide 25% of the cost of materials and installation. For the purpose of determining the total cost of temporary damage abatement measures, cooperation by the enrollee in installation, construction, operation, notification if required, or maintenance of the temporary measure shall be considered 25% of its total costs. Permanent damage abatement measures include barrier woven wire and high-profile electric fences. Temporary damage abatement measures include the use of temporary low-profile electric or barrier snow fencing, scare techniques, repellents, depredation shooting permits, trap and translocation, or other temporary methods determined by the department.

NR 12.35(5)(b) (b) All of the following costs of abatement measures are eligible for reimbursement to the county:

NR 12.35(5)(b)1. 1. The costs of abatement equipment, supplies and services.

NR 12.35(5)(b)2. 2. Installation costs that are part of the of 75% WDACP cost-share.

NR 12.35 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (2) and (3), r. and recr. (4) and cr. (5), Register, January, 1999, No. 517, eff. 2-1-99; CR 03-018: am. (3) and (5) (a) Register October 2003 No. 574, eff. 1-1-04; CR 03-029: renum. from NR 19.79 Register December 2003 No. 576, eff. 1-1-04; corrections made to (3) under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; CR 10-020: am. (4) Register October 2010 No. 658, eff. 11-1-10.

NR 12.36 NR 12.36 Open hunting access requirement.

NR 12.36(1) (1) Enrollees shall have hunting access control over all contiguous land on which they seek wildlife damage abatement assistance or claims. Enrollees shall open their land to hunting, using one of the access options in sub. (3), during the regular hunting seasons for the species causing the damage for which they have enrolled in the WDACP as required by s. 29.889 (7m), Stats. Enrollees may not charge any fees for hunting, hunting access or any other activity that includes hunting the species causing damage. This hunting access requirement shall also apply to enrollees who have also been issued a shooting permit under the authority of s. 29.885, Stats., and this chapter, except as provided in sub. (1m).

NR 12.36(1m) (1m) The requirements under sub. (1) do not apply to a person to whom the department grants a shooting permit for deer causing damage that is issued as an abatement measure recommended under s. 29.889, Stats., if all of the following apply:

NR 12.36(1m)(a) (a) The permit is the only abatement measure the person receives under s. 29.889, Stats., for damage caused by deer.

NR 12.36(1m)(b) (b) The person waives any eligibility to receive a wildlife damage claim payment under s. 29.889 (7), Stats., for damage caused by deer.