Section 12.37. Wildlife damage claims.

 

(1)  

(a) Wildlife damage claims may be paid only to persons owning or controlling land within the county of administration who also have authority to control entry on those lands for purposes of hunting.

(b) Row crops which are stranded by weather catastrophe over winter are not eligible for wildlife damage claims.

(c) Row and forage crops remaining unharvested after 90% of these crops have been harvested in the county are not in compliance with normal agricultural practices, as required by s. 29.889 (6) (dm) , Stats.

(d) Wildlife damage claims shall be paid only to persons owning the eligible types of damaged crops stated in s. 29.889 (6) (em) , Stats., if caused by any species included under s. 29.889 , Stats.

(2)  

(a) All wildlife damage claims approved by the county shall be filed with the department no later than March 1 following the calendar year in which the damage occurred.

(b) The department shall review and act on properly filed claims no later than June 1 following the calendar year in which the damage occurred.

(3)  If the approved claims exceed the funds available, claims shall be paid on a prorated basis. When prorating claims, the department shall pay a percent of each eligible claim equivalent to the percent of the total approved claim amount that can be paid with the total available funds.

(4)  

(a) All claimants for damage payments, recognized and included in the county plan, shall meet all of the following eligibility requirements:

1. The lands subject to the claim shall have been in cultivation, a Christmas tree plantation or in an approved agriculture stabilization and conservation service set-aside program for at least 5 consecutive years prior to the application.

2. The crops subject to the claim were not planted or manipulated to attract deer, elk, turkey, bear or geese.

3. Unless otherwise provided by the county, the claimant shall have notified the county of his or her intent to harvest crops subject to damage but not less than 10 days prior to the harvest.

4.

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) .

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.

5. If an enrollee has participated in the WDACP the previous year, and had in excess of $1,000 of appraised deer or elk damage 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 implement a deer damage shooting permit that shall automatically be issued by the department to the enrollee by February 15 and shall comply with subd. 4.

6. The county shall, as a condition of providing claims assistance, require full cooperation and assistance of the enrollee in operating, maintaining and applying appraisal equipment as deemed needed by the county or its agent. An enrollee who engages in abusive or threatening language shall also be considered uncooperative. Uncooperative enrollees 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.

(b) The county, in addition to requirements in par. (a) , may establish further requirements deemed reasonable and necessary to administer this subchapter.

(5)  Crops subject to claims and payments under this subchapter and s. 29.889 , Stats., shall be described in the plan.

(6)  In order to be eligible for claims, a claimant shall comply with the hunting access provisions described in s. NR 12.36 .

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.