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
Under the bill, effective June 30, 2024, DNR must require all live bear traps
acquired with wildlife damage abatement assistance to be equipped with remote

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:
AB1038,1 1Section 1. 20.370 (5) (fq) of the statutes is amended to read:
AB1038,4,72 20.370 (5) (fq) Wildlife damage claims and abatement. All moneys received
3under ss. 29.181, 29.559 (1r), and 29.563 (13) and not appropriated under par. (fr)
4and subs. (1) (hs), (hx), and (Ls) and (5) (fs) to provide state aid for the wildlife damage
5abatement program under s. 29.889 (5) (c) and the wildlife damage claim program
6under s. 29.889 (7) (d), for county administration costs under s. 29.889 (2) (d), and
7for payments under s. 29.89.
AB1038,2 8Section 2. 29.885 (3) (bm) of the statutes is created to read:
AB1038,4,119 29.885 (3) (bm) Notwithstanding par. (b), the department may not issue to a
10complainant under par. (a) a bear carcass tag for the purpose of shooting a bear that
11is causing damage to commercial agricultural crops.
AB1038,3 12Section 3. 29.885 (5) (a) of the statutes is amended to read:
AB1038,4,1813 29.885 (5) (a) The department may refuse to investigate under sub. (3) (a) if the
14person making the complaint refuses to participate in any available wildlife damage
15abatement program administered under s. 29.889 or refuses to follow reasonable
16abatement measures recommended by the department or by the county in which the
17property is located if the county participates in a wildlife damage abatement
18program
.
AB1038,4 19Section 4. 29.889 (1) (intro.) of the statutes is amended to read:
AB1038,5,1
129.889 (1) Definition. (intro.) In this section, “wildlife:
AB1038,5,3 2(b) “Wildlife damage" means damage caused by any of the following wild
3animals that are not subject to regulation under ch. 169:
AB1038,5 4Section 5. 29.889 (2) (a) of the statutes is amended to read:
AB1038,5,95 29.889 (2) (a) Assistance Administration. The department shall assist counties
6in developing
develop and administering administer the wildlife damage abatement
7and wildlife damage claim programs. The department shall provide this assistance
8through technical aid, program guidance, research, demonstration, funding, plan
9review, audit
, and evaluation services.
AB1038,6 10Section 6. 29.889 (2) (c) of the statutes is repealed.
AB1038,7 11Section 7. 29.889 (2) (d) of the statutes is repealed.
AB1038,8 12Section 8. 29.889 (3) of the statutes is repealed.
AB1038,9 13Section 9. 29.889 (4) (a) of the statutes is repealed.
AB1038,10 14Section 10. 29.889 (4) (b) of the statutes is amended to read:
AB1038,5,1915 29.889 (4) (b) Filing of application. In order to be eligible for wildlife damage
16abatement assistance, a person is required to file an application with the
17participating county department in a form acceptable to the county department. An
18owner or lessee of land, a person who controls land or an owner of an apiary or
19livestock may file an application.
AB1038,11 20Section 11. 29.889 (4) (c) of the statutes is amended to read:
AB1038,5,2421 29.889 (4) (c) Other eligibility requirements. In order to be eligible for wildlife
22damage abatement assistance, a person is required to comply with eligibility
23requirements adopted by the department under sub. (2) (b) and with eligibility
24requirements specified in the plan administration under sub. (3) (c)
.
AB1038,12 25Section 12. 29.889 (5) (a) of the statutes is amended to read:
AB1038,6,3
129.889 (5) (a) Review. A participating county The department shall review
2each application for wildlife damage abatement assistance to determine if wildlife
3damage is occurring or likely to occur.
AB1038,13 4Section 13 . 29.889 (5) (b) of the statutes is amended to read:
AB1038,6,125 29.889 (5) (b) Assistance. A participating county The department may provide
6wildlife damage assistance where for the reimbursement of costs associated with
7wildlife damage abatement measures if the department determines that
wildlife
8damage is occurring or is likely to occur for the reimbursement of costs associated
9with wildlife damage abatement measures if the measures are authorized in the plan
10of administration under sub. (3) (c) 2.
and the wildlife damage abatement measures
11are authorized in the rules adopted by the department under sub. (2) (b) and are
12carried out in full compliance with the direction of the department.
AB1038,14 13Section 14. 29.889 (5) (bm) of the statutes is amended to read:
AB1038,6,1714 29.889 (5) (bm) Cost-effectiveness of abatement. A participating county The
15department
may recommend only those wildlife damage abatement measures that
16are cost-effective in relation to the wildlife damage claim payments that would be
17paid if the wildlife damage abatement measures are not implemented.
AB1038,15 18Section 15. 29.889 (5) (bs) of the statutes is amended to read:
AB1038,6,2219 29.889 (5) (bs) Notwithstanding par. (bm), for damage caused by elk to crops
20or grasses grown for use by a bird hunting preserve licensed under ch. 169, a
21participating county
the department may recommend fencing the affected property
22as a damage abatement measure.
AB1038,16 23Section 16. 29.889 (5) (c) of the statutes is renumbered 29.889 (5) (c) 1.
AB1038,17 24Section 17. 29.889 (5) (c) 2. of the statutes is created to read:
AB1038,7,5
129.889 (5) (c) 2. If the department provides wildlife damage abatement
2assistance to a person, the department shall determine the actual cost of providing
3that wildlife damage abatement assistance. The department shall pay 75 percent
4of the actual cost of providing wildlife damage abatement assistance and shall
5require the recipient to be responsible for the remaining 25 percent of that cost.
AB1038,18 6Section 18. 29.889 (5) (d) of the statutes is created to read:
AB1038,7,97 29.889 (5) (d) Bear traps. The department shall require that any live bear trap
8acquired with wildlife damage abatement assistance be equipped with a remote
9monitor.
AB1038,19 10Section 19. 29.889 (6) (a) of the statutes is repealed.
AB1038,20 11Section 20. 29.889 (6) (d) of the statutes is amended to read:
AB1038,7,1612 29.889 (6) (d) Compliance with wildlife damage abatement measures. In order
13to be eligible for wildlife damage claim payments for an occurrence of wildlife
14damage, a person seeking wildlife damage claim payments shall have complied with
15any wildlife damage abatement measures to abate that wildlife damage that were
16recommended by the county department.
AB1038,21 17Section 21. 29.889 (6) (em) of the statutes is renumbered 29.889 (6) (em) 1.
AB1038,22 18Section 22. 29.889 (6) (em) 2. of the statutes is created to read:
AB1038,7,2219 29.889 (6) (em) 2. Damage to commercial seedings or crops growing on
20agricultural land caused by operating a vehicle in a field in order to place a live bear
21trap pursuant to the wildlife damage abatement program is eligible for wildlife
22damage claim payment.
AB1038,23 23Section 23. 29.889 (6) (f) of the statutes is renumbered 29.889 (6) (f) (intro.)
24and amended to read:
AB1038,8,2
129.889 (6) (f) Other eligibility requirements. (intro.) In order to be eligible for
2wildlife damage claim payments, a all of the following apply:
AB1038,8,5 31. A person is required to comply with eligibility requirements adopted by the
4department under sub. (2) (b) and with eligibility requirements specified in the plan
5of administration under sub. (3) (c)
.
AB1038,24 6Section 24. 29.889 (6) (f) 2. and 3. of the statutes are created to read:
AB1038,8,97 29.889 (6) (f) 2. Except as provided in subd. 3., a person may not receive both
8a payment of a crop insurance claim for wildlife damage and a payment for a wildlife
9damage claim that arose from the same growing season.
AB1038,8,1710 3. a. A person is not eligible for a wildlife damage claim payment for crop
11damage cause by a bear unless the person has crop insurance that covers wildlife
12damage. Except as provided in subd. 3. b., the amount of a wildlife damage claim
13payment for crop damage caused by a bear may not be determined until an insurance
14claim for the damage is filed and settled. A person who receives a payment of a crop
15insurance claim for damage caused by a bear may receive a payment for a wildlife
16damage claim that arose from the same growing season for up to the amount of the
17damage that was not covered by the insurance payment, subject to sub. (7) (b) 4.
AB1038,8,2118 b. A person under subd. 3. a. is not required to submit a crop insurance claim
19for crop damage caused by a bear before receiving a wildlife damage claim payment
20for that damage if the cumulative crop damage is not sufficient to warrant a crop
21insurance claim.
AB1038,25 22Section 25. 29.889 (7) (a) of the statutes is amended to read:
AB1038,9,223 29.889 (7) (a) Investigation. A participating county The department shall
24investigate each statement of claim and determine the total amount of the wildlife

1damage that occurred, regardless of the amount that may be eligible for payment
2under par. (b).
AB1038,26 3Section 26. 29.889 (7) (b) (intro.) of the statutes is amended to read:
AB1038,9,64 29.889 (7) (b) Calculating amount of payment. (intro.) In calculating the
5amount of the wildlife damage claim payment to be paid for a claim under par. (a),
6the participating county department shall determine the amount as follows:
AB1038,27 7Section 27 . 29.889 (7) (b) 2. of the statutes is amended to read:
AB1038,9,108 29.889 (7) (b) 2. If the amount of claim is more than $500 but not more than
9$5,250 $5,500, the claimant will be paid 100 percent of the amount of the claim that
10exceeds $500.
AB1038,28 11Section 28. 29.889 (7) (b) 3. of the statutes is amended to read:
AB1038,9,1412 29.889 (7) (b) 3. If the amount of the claim is more than $5,250 $5,500, the
13claimant will be paid the amount calculated under subd. 2., plus 80 percent of the
14amount of the claim that exceeds $5,250, subject to subd. 4. $5,500.
AB1038,29 15Section 29. 29.889 (7) (b) 4. of the statutes is amended to read:
AB1038,9,1716 29.889 (7) (b) 4. The total amount paid to a claimant under this paragraph may
17not exceed $10,000 $25,000 for each claim.
AB1038,30 18Section 30. 29.889 (7) (bm) of the statutes is repealed.
AB1038,31 19Section 31. 29.889 (7) (d) 2. of the statutes is amended to read:
AB1038,9,2420 29.889 (7) (d) 2. The department shall pay claimants under subd. 1. from the
21appropriation under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq)
22payments made for county administrative costs under sub. (2) (d) and payments
23made for wildlife damage abatement assistance under sub. (5) (c). If the amount
24remaining after these deductions from the appropriation under s. 20.370 (5) (fq) are

1not sufficient to pay the full amount required under subd. 1., the department shall
2pay claimants on a prorated basis.
AB1038,32 3Section 32. 29.889 (7m) (a) of the statutes is amended to read:
AB1038,10,124 29.889 (7m) (a) Requirements. A person who receives wildlife damage
5abatement assistance or wildlife damage claim payments and any other person who
6owns, leases, or controls the land where the wildlife damage occurred shall permit
7hunting of the type of wild animals causing the wildlife damage on that land and on
8contiguous land under the same ownership, lease or control, subject to par. (ae). In
9order to satisfy the requirement to permit hunting under this subsection, the land
10shall be open to hunting during the appropriate open season. The county, with the
11assistance of the
department, shall determine the acreage of land suitable for
12hunting.
AB1038,33 13Section 33. 29.889 (7m) (ae) 1. of the statutes is amended to read:
AB1038,10,1614 29.889 (7m) (ae) 1. A Except as provided under par. (au), a hunter may hunt
15on land covered by par. (a) only if the hunter notifies the landowner of his or her
16intent to hunt on the land.
AB1038,34 17Section 34. 29.889 (7m) (ae) 4. (intro.) of the statutes is amended to read:
AB1038,10,2018 29.889 (7m) (ae) 4. (intro.) A Except as provided under par. (au), a landowner
19may deny a hunter access to land covered by par. (a) for reasonable cause, including
20any of the following:
AB1038,35 21Section 35. 29.889 (7m) (au) of the statutes is created to read:
AB1038,11,422 29.889 (7m) (au) Registration system for bear hunting. When land is open to
23bear hunting under this subsection, the department shall establish and administer,
24without input by the landowner, an Internet-based registration system under
25which, beginning at midnight, hunters may register to hunt bear on a particular

1parcel of land that day. A landowner may deny a hunter access to land under this
2paragraph only if the hunter has not registered using the department's registration
3system for that day, if the hunter brings a motor vehicle onto the land without the
4landowner's permission, or for the reasons under par. (ae) 4. b. and c.
AB1038,36 5Section 36. 29.889 (7m) (av) of the statutes is created to read:
AB1038,11,96 29.889 (7m) (av) Exemption; damage caused by bears on leased land. The
7requirement under par. (a) does not apply to a person who acquires a live bear trap
8with wildlife damage abatement assistance as an abatement measure for damage
9caused by bears on land that the person leases.
AB1038,37 10Section 37. 29.889 (8g) of the statutes is amended to read:
AB1038,11,1411 29.889 (8g) Review. A participating county's The department's determination
12of the amount of wildlife damage, the amount of a wildlife damage claim, or the
13amount of wildlife damage abatement assistance shall be treated as a final decisions
14decision for purposes of review.
AB1038,38 15Section 38. 29.889 (8r) (a), (b) and (c) of the statutes are amended to read:
AB1038,11,1916 29.889 (8r) (a) Records. A person receiving wildlife damage abatement
17assistance or wildlife damage claim payments shall retain all records as required by
18the participating county or the department and make them available to the
19participating county or the department for inspection at reasonable times.
AB1038,11,2220 (b) Entry to land. The department or a participating county may enter and
21inspect, at reasonable times, any land for which a wildlife damage claim has been
22filed or for which wildlife damage abatement measures have been implemented.
AB1038,12,323 (c) Responsibilities. No person may refuse entry or access to or withhold
24records from the department or the participating county under this subsection. No
25person may obstruct or interfere with an inspection by the department or a

1participating county
under this subsection. The department or participating county,
2if requested, shall furnish to the person a report setting forth all of the factual
3findings by the department or participating county that relate to the inspection.
AB1038,39 4Section 39 . 29.89 (3) (a) of the statutes is repealed.
AB1038,40 5Section 40 . 29.89 (5) (b) 2. c. of the statutes is amended to read:
AB1038,12,96 29.89 (5) (b) 2. c. Moneys are available under s. 20.370 (5) (fq) after first
7deducting from s. 20.370 (5) (fq) payments made for county administrative costs,
8payments made for wildlife damage abatement assistance, and wildlife damage
9claim payments under s. 29.889.
Loading...
Loading...