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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1038
February 1, 2024 - Introduced by Representative EDMING, cosponsored by Senator
STAFSHOLT. Referred to Committee on Sporting Heritage.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 29.889 (2) (c), 29.889 (2) (d), 29.889 (3), 29.889 (4) (a), 29.889
(6) (a), 29.889 (7) (bm) and 29.89 (3) (a); to renumber 29.889 (5) (c) and 29.889
(6) (em); to renumber and amend 29.889 (6) (f); to amend 20.370 (5) (fq),
29.885 (5) (a), 29.889 (1) (intro.), 29.889 (2) (a), 29.889 (4) (b), 29.889 (4) (c),
29.889 (5) (a), 29.889 (5) (b), 29.889 (5) (bm), 29.889 (5) (bs), 29.889 (6) (d),
29.889 (7) (a), 29.889 (7) (b) (intro.), 29.889 (7) (b) 2., 29.889 (7) (b) 3., 29.889 (7)
(b) 4., 29.889 (7) (d) 2., 29.889 (7m) (a), 29.889 (7m) (ae) 1., 29.889 (7m) (ae) 4.
(intro.), 29.889 (8g), 29.889 (8r) (a), (b) and (c) and 29.89 (5) (b) 2. c.; and to
create 29.885 (3) (bm), 29.889 (5) (c) 2., 29.889 (5) (d), 29.889 (6) (em) 2., 29.889
(6) (f) 2. and 3., 29.889 (7m) (au) and 29.889 (7m) (av) of the statutes; relating
to: the wildlife damage abatement program and the wildlife damage claim
program.
Analysis by the Legislative Reference Bureau
This bill makes changes to the wildlife damage abatement program and the
wildlife damage claim program.
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ASSEMBLY BILL 1038
WILD ANIMAL REMOVAL
Under current law, the Department of Natural Resources may remove or
authorize the removal of a wild animal that is causing damage, including damage to
commercial agricultural crops. This bill prohibits DNR from issuing to a person a
bear carcass tag for the purpose of shooting a bear that is causing damage to
commercial agricultural crops.
WILDLIFE DAMAGE CLAIM PROGRAM AND WILDLIFE DAMAGE ABATEMENT PROGRAM
Current law authorizes a person who owns, leases, or controls land on which
certain wild animals cause damage to crops or livestock (wildlife damage) to apply
to the county for wildlife damage claim payments and for wildlife damage abatement
assistance (wildlife damage payments). Wildlife damage for which a person is
eligible to receive wildlife damage payments includes damage caused by deer, bears,
geese, and cougars, as well as elk and sandhill cranes if hunting those animals is
authorized. Current law requires that, to be eligible for wildlife damage payments,
the location must be in a county that participates in the administration of these
programs. A county must apply to DNR to administer these programs, including in
its application a plan of administration that meets certain requirements. Once
approved, DNR provides funding to the county for the costs incurred in
administering these programs.
Under current law and DNR rule, a county pays 75 percent of the actual costs
of providing wildlife damage abatement assistance, for which it is reimbursed by
DNR, and the person receiving the assistance pays 25 percent of the costs. DNR pays
wildlife damage claims directly.
DNR administration
Effective January 1, 2025, the bill removes counties from the administration of
the wildlife damage abatement program and the wildlife damage claim program and
requires DNR to administer the programs instead. The bill specifies that, if DNR
provides wildlife damage abatement assistance to a person, DNR must determine
the actual cost of providing that assistance and pay 75 percent of that cost, leaving
the remaining 25 percent as the responsibility of the recipient.
The bill also eliminates the requirement under current law that a county
participate in the administration of these programs in order to be eligible for
reimbursement by DNR for the costs that the county incurs in processing and
donating venison from certain deer carcasses and in processing and donating meat
from certain wild turkey carcasses.
Wildlife damage claims
The bill increases from $10,000 to $25,000 the limit under current law on the
total amount that may be paid to a claimant for each wildlife damage claim. The bill
maintains the current law requirement that DNR pay wildlife damage claimants on
a prorated basis if there is not a sufficient amount appropriated to pay all claims.
Under current law, if the amount of a wildlife damage claim exceeds $500 but
does not exceed $5,250, the claimant is paid 100 percent of the amount, and if the
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ASSEMBLY BILL 1038
of the amount that exceeds $5,250. The bill increases this threshold amount from
$5,250 to $5,500.
Interaction with crop insurance payments
Under the bill, generally, a person may not receive payment of a crop insurance
claim for wildlife damage and payment for a wildlife damage claim arising from the
same growing season. However, the bill provides that, with respect to crop damage
caused by a bear, a person is not eligible for a wildlife damage claim payment unless
the person has crop insurance that covers wildlife damage. Under the bill, the
amount of a wildlife damage claim payment for crop damage caused by a bear may
not be determined until an insurance claim for the damage is filed and settled.
However, under the bill, such a person is not required to submit a crop insurance
claim for crop damage caused by a bear before receiving a wildlife damage claim
payment for that damage if the cumulative crop damage is not sufficient to warrant
a crop insurance claim. Under the bill, if a person receives a payment of a crop
insurance claim for damage caused by a bear, the person is also eligible for a payment
for a wildlife damage claim arising from the same growing season for up to the
amount of the damage that was not covered by the insurance payment and subject
to the overall $25,000 cap.
Type of damage
Under current law, the type of wildlife damage that is eligible for wildlife
damage claim payments is limited to damage to commercial seedings or crops
growing on agricultural land, damage to crops that have been harvested for sale or
further use but that have not been removed from the agricultural land, damage to
orchard trees or nursery stock, and damage to apiaries or livestock. The bill adds
that damage to commercial seedings or crops growing on agricultural land caused by
operating a vehicle in a field in order to place a live bear trap under the wildlife
damage abatement program is eligible for a wildlife damage claim payment.
Hunting requirements
Under current law, with certain exceptions, a person may receive wildlife
damage payments only if the person opens the land for hunting the type of animal
that caused the wildlife damage. Under this bill, this hunting requirement does not
apply to a person who receives wildlife damage abatement assistance to acquire a live
bear trap for land the person leases.
Under the bill, when land is open to bear hunting because the landowner
received wildlife damage payments related to damage caused by a bear, the bill
requires DNR to establish and administer, without input by the landowner, an
Internet-based registration system under which, beginning at midnight, hunters
may register to hunt bear on a particular parcel of land that day. Under the bill, a
landowner may only deny a hunter access to land if the hunter has not registered
using DNR's registration system for that day, appears to be intoxicated or unruly,
causes property damage, or brings a motor vehicle onto the land without permission.
Bear traps
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ASSEMBLY BILL 1038
monitors, including traps placed under the program prior to the effective date of the
bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 20.370 (5) (fq) of the statutes is amended to read:
20.370 (5) (fq) Wildlife damage claims and abatement. All moneys received
under ss. 29.181, 29.559 (1r), and 29.563 (13) and not appropriated under par. (fr)
and subs. (1) (hs), (hx), and (Ls) and (5) (fs) to provide state aid for the wildlife damage
abatement program under s. 29.889 (5) (c) and the wildlife damage claim program
under s. 29.889 (7) (d), for county administration costs under s. 29.889 (2) (d), and
for payments under s. 29.89.
SECTION 2. 29.885 (3) (bm) of the statutes is created to read:
29.885 (3) (bm) Notwithstanding par. (b), the department may not issue to a
complainant under par. (a) a bear carcass tag for the purpose of shooting a bear that
is causing damage to commercial agricultural crops.
SECTION 3. 29.885 (5) (a) of the statutes is amended to read:
29.885 (5) (a) The department may refuse to investigate under sub. (3) (a) if the
person making the complaint refuses to participate in any available wildlife damage
abatement program administered under s. 29.889 or refuses to follow reasonable
abatement measures recommended by the department or by the county in which the
property is located if the county participates in a wildlife damage abatement
program.
SECTION 4. 29.889 (1) (intro.) of the statutes is amended to read:
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SECTION 4
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29.889 (1) DEFINITION. (intro.) In this section, “wildlife:
(b) “Wildlife damage" means damage caused by any of the following wild
animals that are not subject to regulation under ch. 169:
SECTION 5. 29.889 (2) (a) of the statutes is amended to read:
29.889 (2) (a) Assistance Administration. The department shall assist counties
in developing develop and administering administer the wildlife damage abatement
and wildlife damage claim programs. The department shall provide this assistance
through technical aid, program guidance, research, demonstration, funding, plan
review, audit, and evaluation services.
SECTION 6. 29.889 (2) (c) of the statutes is repealed.
SECTION 7. 29.889 (2) (d) of the statutes is repealed.
SECTION 8. 29.889 (3) of the statutes is repealed.
SECTION 9. 29.889 (4) (a) of the statutes is repealed.
SECTION 10. 29.889 (4) (b) of the statutes is amended to read:
29.889 (4) (b) Filing of application. In order to be eligible for wildlife damage
abatement assistance, a person is required to file an application with the
participating county department in a form acceptable to the county department. An
owner or lessee of land, a person who controls land or an owner of an apiary or
livestock may file an application.
SECTION 11. 29.889 (4) (c) of the statutes is amended to read:
29.889 (4) (c) Other eligibility requirements. In order to be eligible for wildlife
damage abatement assistance, a person is required to comply with eligibility
requirements adopted by the department under sub. (2) (b) and with eligibility
requirements specified in the plan administration under sub. (3) (c).
SECTION 12. 29.889 (5) (a) of the statutes is amended to read:
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SECTION 12 ASSEMBLY BILL 1038
29.889 (5) (a) Review. A participating county The department shall review
each application for wildlife damage abatement assistance to determine if wildlife
damage is occurring or likely to occur.
SECTION 13. 29.889 (5) (b) of the statutes is amended to read:
29.889 (5) (b) Assistance. A participating county The department may provide
wildlife damage assistance where for the reimbursement of costs associated with
wildlife damage abatement measures if the department determines that wildlife
damage is occurring or is likely to occur for the reimbursement of costs associated
with wildlife damage abatement measures if the measures are authorized in the plan
of administration under sub. (3) (c) 2. and the wildlife damage abatement measures
are authorized in the rules adopted by the department under sub. (2) (b) and are
carried out in full compliance with the direction of the department.
SECTION 14. 29.889 (5) (bm) of the statutes is amended to read:
29.889 (5) (bm) Cost-effectiveness of abatement. A participating county The
department may recommend only those wildlife damage abatement measures that
are cost-effective in relation to the wildlife damage claim payments that would be
paid if the wildlife damage abatement measures are not implemented.
SECTION 15. 29.889 (5) (bs) of the statutes is amended to read:
29.889 (5) (bs) Notwithstanding par. (bm), for damage caused by elk to crops
or grasses grown for use by a bird hunting preserve licensed under ch. 169, a
participating county the department may recommend fencing the affected property
as a damage abatement measure.
SECTION 16. 29.889 (5) (c) of the statutes is renumbered 29.889 (5) (c) 1.
SECTION 17. 29.889 (5) (c) 2. of the statutes is created to read:
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SECTION 17
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29.889 (5) (c) 2. If the department provides wildlife damage abatement
assistance to a person, the department shall determine the actual cost of providing
that wildlife damage abatement assistance. The department shall pay 75 percent
of the actual cost of providing wildlife damage abatement assistance and shall
require the recipient to be responsible for the remaining 25 percent of that cost.
SECTION 18. 29.889 (5) (d) of the statutes is created to read:
29.889 (5) (d) Bear traps. The department shall require that any live bear trap
acquired with wildlife damage abatement assistance be equipped with a remote
monitor.
SECTION 19. 29.889 (6) (a) of the statutes is repealed.
SECTION 20. 29.889 (6) (d) of the statutes is amended to read:
29.889 (6) (d) Compliance with wildlife damage abatement measures. In order
to be eligible for wildlife damage claim payments for an occurrence of wildlife
damage, a person seeking wildlife damage claim payments shall have complied with
any wildlife damage abatement measures to abate that wildlife damage that were
recommended by the county department.
SECTION 21. 29.889 (6) (em) of the statutes is renumbered 29.889 (6) (em) 1.
SECTION 22. 29.889 (6) (em) 2. of the statutes is created to read:
29.889 (6) (em) 2. Damage to commercial seedings or crops growing on
agricultural land caused by operating a vehicle in a field in order to place a live bear
trap pursuant to the wildlife damage abatement program is eligible for wildlife
damage claim payment.
SECTION 23. 29.889 (6) (f) of the statutes is renumbered 29.889 (6) (f) (intro.)
and amended to read:
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SECTION 23 ASSEMBLY BILL 1038
29.889 (6) (f) Other eligibility requirements. (intro.) In order to be eligible for
wildlife damage claim payments, a all of the following apply:
1. A person is required to comply with eligibility requirements adopted by the
department under sub. (2) (b) and with eligibility requirements specified in the plan
of administration under sub. (3) (c).
SECTION 24. 29.889 (6) (f) 2. and 3. of the statutes are created to read:
29.889 (6) (f) 2. Except as provided in subd. 3., a person may not receive both
a payment of a crop insurance claim for wildlife damage and a payment for a wildlife
damage claim that arose from the same growing season.
3. a. A person is not eligible for a wildlife damage claim payment for crop
damage cause by a bear unless the person has crop insurance that covers wildlife
damage. Except as provided in subd. 3. b., the amount of a wildlife damage claim
payment for crop damage caused by a bear may not be determined until an insurance
claim for the damage is filed and settled. A person who receives a payment of a crop
insurance claim for damage caused by a bear may receive a payment for a wildlife
damage claim that arose from the same growing season for up to the amount of the
damage that was not covered by the insurance payment, subject to sub. (7) (b) 4.
b. A person under subd. 3. a. is not required to submit a crop insurance claim
for crop damage caused by a bear before receiving a wildlife damage claim payment
for that damage if the cumulative crop damage is not sufficient to warrant a crop
insurance claim.
SECTION 25. 29.889 (7) (a) of the statutes is amended to read:
29.889 (7) (a) Investigation. A participating county The department shall
investigate each statement of claim and determine the total amount of the wildlife
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SECTION 25
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damage that occurred, regardless of the amount that may be eligible for payment
under par. (b).
SECTION 26. 29.889 (7) (b) (intro.) of the statutes is amended to read:
29.889 (7) (b) Calculating amount of payment. (intro.) In calculating the
amount of the wildlife damage claim payment to be paid for a claim under par. (a),
the participating county department shall determine the amount as follows:
SECTION 27. 29.889 (7) (b) 2. of the statutes is amended to read:
29.889 (7) (b) 2. If the amount of claim is more than $500 but not more than
$5,250 $5,500, the claimant will be paid 100 percent of the amount of the claim that
exceeds $500.
SECTION 28. 29.889 (7) (b) 3. of the statutes is amended to read:
29.889 (7) (b) 3. If the amount of the claim is more than $5,250 $5,500, the
claimant will be paid the amount calculated under subd. 2., plus 80 percent of the
amount of the claim that exceeds $5,250, subject to subd. 4. $5,500.
SECTION 29. 29.889 (7) (b) 4. of the statutes is amended to read:
29.889 (7) (b) 4. The total amount paid to a claimant under this paragraph may
not exceed $10,000 $25,000 for each claim.
SECTION 30. 29.889 (7) (bm) of the statutes is repealed.
SECTION 31. 29.889 (7) (d) 2. of the statutes is amended to read:
29.889 (7) (d) 2. The department shall pay claimants under subd. 1. from the
appropriation under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq)
payments made for county administrative costs under sub. (2) (d) and payments
made for wildlife damage abatement assistance under sub. (5) (c). If the amount
remaining after these deductions from the appropriation under s. 20.370 (5) (fq) are
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SECTION 31 ASSEMBLY BILL 1038
not sufficient to pay the full amount required under subd. 1., the department shall
pay claimants on a prorated basis.
SECTION 32. 29.889 (7m) (a) of the statutes is amended to read:
29.889 (7m) (a) Requirements. A person who receives wildlife damage
abatement assistance or wildlife damage claim payments and any other person who
owns, leases, or controls the land where the wildlife damage occurred shall permit
hunting of the type of wild animals causing the wildlife damage on that land and on
contiguous land under the same ownership, lease or control, subject to par. (ae). In
order to satisfy the requirement to permit hunting under this subsection, the land
shall be open to hunting during the appropriate open season. The county, with the
assistance of the department, shall determine the acreage of land suitable for
hunting.
SECTION 33. 29.889 (7m) (ae) 1. of the statutes is amended to read:
29.889 (7m) (ae) 1. A Except as provided under par. (au), a hunter may hunt
on land covered by par. (a) only if the hunter notifies the landowner of his or her
intent to hunt on the land.
SECTION 34. 29.889 (7m) (ae) 4. (intro.) of the statutes is amended to read:
29.889 (7m) (ae) 4. (intro.) A Except as provided under par. (au), a landowner
may deny a hunter access to land covered by par. (a) for reasonable cause, including
any of the following:
SECTION 35. 29.889 (7m) (au) of the statutes is created to read:
29.889 (7m) (au) Registration system for bear hunting. When land is open to
bear hunting under this subsection, the department shall establish and administer,
without input by the landowner, an Internet-based registration system under
which, beginning at midnight, hunters may register to hunt bear on a particular
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SECTION 35
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parcel of land that day. A landowner may deny a hunter access to land under this
paragraph only if the hunter has not registered using the department's registration
system for that day, if the hunter brings a motor vehicle onto the land without the
landowner's permission, or for the reasons under par. (ae) 4. b. and c.
SECTION 36. 29.889 (7m) (av) of the statutes is created to read:
29.889 (7m) (av) Exemption; damage caused by bears on leased land. The
requirement under par. (a) does not apply to a person who acquires a live bear trap
with wildlife damage abatement assistance as an abatement measure for damage
caused by bears on land that the person leases.
SECTION 37. 29.889 (8g) of the statutes is amended to read:
29.889 (8g) REVIEW. A participating county's The department's determination
of the amount of wildlife damage, the amount of a wildlife damage claim, or the
amount of wildlife damage abatement assistance shall be treated as a final decisions
decision for purposes of review.
SECTION 38. 29.889 (8r) (a), (b) and (c) of the statutes are amended to read:
29.889 (8r) (a) Records. A person receiving wildlife damage abatement
assistance or wildlife damage claim payments shall retain all records as required by
the participating county or the department and make them available to the
participating county or the department for inspection at reasonable times.
(b) Entry to land. The department or a participating county may enter and
inspect, at reasonable times, any land for which a wildlife damage claim has been
filed or for which wildlife damage abatement measures have been implemented.
(c) Responsibilities. No person may refuse entry or access to or withhold
records from the department or the participating county under this subsection. No
person may obstruct or interfere with an inspection by the department or a
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SECTION 38 ASSEMBLY BILL 1038
participating county under this subsection. The department or participating county,
if requested, shall furnish to the person a report setting forth all of the factual
findings by the department or participating county that relate to the inspection.
SECTION 39. 29.89 (3) (a) of the statutes is repealed.
SECTION 40. 29.89 (5) (b) 2. c. of the statutes is amended to read:
29.89 (5) (b) 2. c. Moneys are available under s. 20.370 (5) (fq) after first
deducting from s. 20.370 (5) (fq) payments made for county administrative costs,
payments made for wildlife damage abatement assistance, and wildlife damage
claim payments under s. 29.889.
SECTION 41.0Nonstatutory provisions.
(1) INTERNET-BASED BEAR HUNTER REGISTRATION SYSTEM. The department of
natural resources shall request from the joint committee on finance under s. 13.10
an amount from the balance of the appropriation account under s. 20.370 (5) (fq) to
be used for the purpose of establishing the Internet-based hunter registration
system under s. 29.889 (7m) (au).
SECTION 42.0Initial applicability.
(1) REMOTE MONITORING OF LIVE BEAR TRAPS. The treatment of s. 29.889 (5) (d)
first applies to a live bear trap acquired with wildlife damage abatement assistance
on July 2, 1983.
(2) CAP ON CLAIM PAYMENTS. The treatment of s. 29.889 (7) (b) 4. first applies to
a statement of wildlife damage claim submitted on January 1, 2024.
SECTION 43.0Effective dates. This act takes effect on January 1, 2025, except
as follows:
(1) REMOTE MONITORING OF LIVE BEAR TRAPS. The treatment of s. 29.889 (5) (d)
and SECTION 42 (1) of this act take effect on June 30, 2024.
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(2) TYPES OF ELIGIBLE DAMAGE AND HUNTING LAND EXEMPTION. The treatment of
s. 29.889 (7m) (av), the renumbering of s. 29.889 (6) (em), and the creation of s. 29.889
(6) (em) 2. take effect on the day after publication.
(END)
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