NR 12.37(4)(a)2.2. The crops subject to the claim were not planted or manipulated to attract deer, elk, turkey, bear or geese.
NR 12.37(4)(a)3.3. Unless otherwise provided by the county, the claimant shall have notified the county or its agent of his or her intent to harvest crops subject to damage but not less than 10 days prior to the harvest.
NR 12.37(4)(a)4.4.
NR 12.37(4)(a)4.a.a. If a claimant has been issued a deer shooting permit under s. NR 12.16, the claimant has complied with the deer harvest objectives in s. NR 12.16 (2).
NR 12.37(4)(a)4.b.b. The county may adopt an exemption recommendation resulting from procedures described in s. NR 12.16 (2) (b) 2. for a permittee enrolled in the WDACP.
NR 12.37(4)(a)5.5. If an enrollee has participated in the WDACP the previous year, and had in excess of $1,000 of appraised deer losses in the previous year on contiguous land or land within the same section, as documented by the enrollee’s previous claims appraisal conducted by the respective county, or the county’s agent, to be eligible for claims the enrollee shall re-enroll in the WDACP by February 15 and shall comply with subd. 4.
NR 12.37(4)(a)6.6. The county shall, as a condition of providing claims assistance, require full cooperation and assistance of the enrollee. A county or its agent may deem an enrollee uncooperative if any of the following applies:
NR 12.37(4)(a)6.a.a. The enrollee fails to implement and maintain required abatement measures.
NR 12.37(4)(a)6.b.b. The enrollee fails to comply with reporting requirements,
NR 12.37(4)(a)6.c.c. The enrollee fails to properly operate and maintain abatement equipment.
NR 12.37(4)(a)6.d.d. The enrollee uses abusive or threatening language towards the county or its agent.
NR 12.37(4)(a)6.e.e. The enrollee fails to make a reasonable effort to respond to requests for hunting access.
NR 12.37(4)(a)6.f.f. The enrollee fails to comply with any other WDACP requirements.
NR 12.37(4)(b)(b) The county, in addition to requirements in par. (a), may establish further requirements deemed reasonable and necessary to administer this subchapter.
NR 12.37(4)(b)7.7. Uncooperative enrollees under subd. 6. shall be ineligible for program claims 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 12.37(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 HistoryHistory: 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; CR 24-055: r. (4) (a) 1., am. (4) (a) 3., 5., renum. (4) (a) 6. to (4) (a) 6. (intro.) and 7. and am., cr. (4) (a) 6. a. to f. Register April 2025 No. 832, eff. 5-1-25.
NR 12.38NR 12.38Woven-wire barrier fence construction.
NR 12.38(1)(1)Specific applications and funding for woven-wire fences shall be approved by the department and county. Woven-wire 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 verify all of the following:
NR 12.38(2)(a)(a) Deer or elk damage has occurred, is occurring, or is likely to occur on the lands of the applicant.
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)