Section 12.36. Open hunting access requirement.

 

(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) .

(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:

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

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

(2)  Enrollees shall enroll with the county by completing an agreement which certifies their hunting access control for all contiguous lands of the same ownership or control where wildlife damage is occurring and for which they are seeking program services under this chapter.

(3)  Enrollees shall choose one of the 2 following hunting access options:

(a) Open public hunting for the species causing damage. The enrollee may not place limitations on which hunters or how many hunters may access the property enrolled by the enrollee. The enrollee may not require registration of hunters, but the hunter shall establish an acceptable arrangement with the enrollee for notifying the enrollee of the hunter's intent to hunt prior to hunting. The enrollee may choose how often notification is required and that notification be made in writing, by phone or in person each day the hunter intends to hunt or otherwise.

(b) Managed hunting access. Enrollee notification and hunter registration with the enrollee is required. The following provisions shall apply to the managed hunting access option:

1. `Land suitable for hunting.' The county, or its agent, shall determine the area of land suitable for hunting in accordance with the WDACP technical manual and this chapter. The following criteria shall be used to determine land suitable for hunting:

a. The acreage of land suitable for hunting as defined in s. NR 12.31 (4) or (4e) , depending on the species causing damage.

b. Enrollees may prohibit or restrict discharge of firearms within 100 yards of livestock holding areas.

c. Permanent barrier woven-wire and high-profile electric fences. Land inside a permanent barrier fence, which meets construction and maintenance standards in the WDACP technical manual, may not be considered land suitable for hunting.

2. `Hunting access map.' The county or its agent shall provide property maps to enrollees using aerial photos or plat maps to identify property boundaries and land suitable for hunting. The county, in consultation with the enrollee and in accordance with the WDACP technical manual, may delineate hunting zones for parcels of the property to assist the enrollee in distributing hunting effort to promote distribution of hunting effort and safety. The enrollee shall use these maps to explain to hunters boundaries and hunting constraints on the enrolled property.

3. `Registration.' To register for hunting access, hunters shall contact the program enrollee after obtaining the county's list. The county or its agent shall provide the current year's list and a fact-sheet which describes the WDACP hunting access system and the obligations of the hunter under this system. The hunter shall arrange a meeting with the enrollee. The enrollee shall describe the registration process, including completion of a hunting log, where the log will be located on the property, any hunting constraints on the property, and any information necessary to promote safety and prevent trespass. The registration form shall be provided to the enrollee by the county or its agent and be in the form of a log book following the format in the WDACP technical manual. The enrollee shall keep his or her hunting log current, recording hunters under this section and shooting permit participant hunters under ch. NR 12 to show compliance with the hunting access requirement. Enrollees shall make these records available for review by the county, its agent and department staff as required by s. 29.889 (8r) (a) , Stats.

4. `Hunting access.' Hunting access shall be on a first come, first serve basis. Hunters may contact enrollees before the dates they intend to hunt, but may not register until their intended hunting date. Hunters shall register by signing in on the hunting log every time they arrive to hunt and signing out on the hunting log every time they leave.

5. `Hunter densities.' The enrollee shall allow at least 2 hunters per 40 acres of land suitable for hunting at any given time of the appropriate hunting season. The enrollee and hunting members of the immediate family that reside in the enrollee's household may be counted towards this hunter density restriction.

6. `Refusal.' Enrollees may refuse hunting access for reasonable cause as defined in s. NR 12.31 (7) .

7. `Complaints.' Upon receiving a written complaint from a hunter denied access, the county, its agent or the department shall review hunting access records required under this chapter to verify compliance. Verification that access requirements have been violated shall require the county or its agent to deny further abatement and claims assistance to the enrollee for calendar year in which the violation occurred and the following calendar year. In addition, an enrollee may be subject to the penalties in s. 29.889 (10) , Stats.

8. `Enrollee registration.' An enrollee and his or her immediate family who live year round on the enrollee's property shall register by signing in on the daily hunting access log when they hunt.

9. `Parking.' Enrollees shall ensure adequate parking exists with enough parking area to accommodate the minimum required number of hunters and shall clearly describe these arrangements to the hunters.

(4)  The county shall maintain the current year's list of all enrollees and make the list available upon request for public inspection.

(5)  Hunters may hunt only the species causing damage unless the enrollee or landowner has granted permission to hunt other species.

(6)  Enrollees may restrict hunting access of bear hunters using dogs if trespass on adjoining private properties is likely to occur.

(7)  Motorized vehicles may not be used anywhere but the designated drive-way and parking location on the enrollee's land unless authorized by the enrollee.

(8)  Access hunters may not use permanent deer stands on enrolled properties unless authorized by the enrollee. An access hunter may use his or her own portable stand, but it shall be removed daily at the end of shooting hours, unless otherwise authorized by the enrollee. When registering on the hunting log, the hunter shall certify that he or she holds the enrollee and landowner harmless from any injuries associated with the hunter's hunting activity on the enrolled property, including any authorized use of hunting stands.

(9)   Exemption. The hunting access requirement does not apply to enrollees where the damage is to apiaries on lands where the applicant does not have hunting access control, pursuant to s. 29.889 (7m) (am) , Stats.

(10)   Posting. Enrollees may not post the enrolled land "no hunting" or "no trespassing" and shall remove any such existing signs. Enrollees may post their lands "hunting by permission only".

Cr. Register, January, 1999, No. 517 , eff. 2-1-99; CR 03-018 : am. (3) (b) 1. c. Register October 2003 No. 574 , eff. 1-1-04; CR 03-029 : renum. from NR 19.795 Register December 2003 No. 576 , eff. 1-1-04; corrections in (3) (b) 1. a. and 6. made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576 ; CR 08-021 : am. (1), cr. (1m) Register November 2008 No. 635 , eff. 12-1-08; correction in (1m) made under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635 ; CR 10-020 : am. (3) (b) 7. Register October 2010 No. 658 , eff. 11-1-10.

Note

Hunting other species or engaging in other activities not authorized by the enrollee or landowner may be considered trespass in violation of s. 943.13 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1