Section NR 12.41 - Permits to hunt Canada geese causing agricultural damage(1) ISSUANCE AUTHORITY. Contingent upon the establishment of a federal harvest quota and goose season framework valid for Wisconsin and in accordance with this section, the department may issue Canada goose damage hunting permits to agricultural crop land owners or lessees experiencing crop damage by Canada geese. Permittees may issue Canada goose damage hunter permits to other persons and authorize them to assist by hunting Canada geese causing damage.(2) DEFINITIONS. For purpose of this section: (a) "Goose hunting zone" means those established under s. NR 10.31.(b) "Lands suitable for hunting" means as defined in s. NR 12.31(4).(3) APPLICATION REQUIREMENT. An applicant shall apply for a landowner or lessee permit to hunt Canada geese causing agricultural damage under this section on forms supplied by the department. A separate application is required for each parcel of noncontiguous crop lands. Note: The forms may be obtained from department field stations or county wildlife damage program offices.
(4) PERMIT ISSUANCE CRITERIA. After determining that issuance or extension of permits under this section will not result in the harvest of Canada geese which exceeds the federally assigned quota, the department may issue goose damage hunting permits only to landowners or lessees meeting the following criteria: (a)Ownership of crops being damaged. The applicant shall be an individual who owns or leases the crop lands being damaged or be one officer of the corporation that owns or leases the crop lands being damaged. No more than one landowner or lessee permit may be issued for a parcel of land at the same time.(b)Hunting access control. Applicants shall possess the authority to control entry for goose hunting on the damaged crop lands and any contiguous lands under the same ownership which are suitable for hunting;(c)$1,000 damage extent. Damage to the applicant's crops shall be ongoing and either exceed or be likely to exceed $1,000 in the current calendar year as determined by the county wildlife damage administrator.(d)Alternative abatement attempted. The applicant shall comply with all alternative damage abatement techniques recommended by either; 1. The authorized county administrator for lands located in a county participating in a wildlife damage program under s. 29.889, Stats., or2. The department for lands located in all other counties.(e)Normal crop management. The applicant shall be managing the crop lands sustaining damage in accordance with methods normally used by no less than 50% of the other growers in the county. A permit may not be issued for crop lands when 90% or more of any row crop described in the application have been harvested in the county of application.(f)Permit and license compliance. The applicant shall have complied with the conditions of any permit to hunt Canada geese causing damage issued to him or her within the 12 months immediately preceding application and may not currently have their hunting license privileges revoked.(5) PERMIT CONDITIONS. Any landowner or lessee permit issued under this section is subject to the following conditions: (a)Public goose hunting.1. The permittee shall keep the damaged crop lands and any contiguous lands under the same ownership which are suitable for hunting open to public goose hunting subject to subd. 2. during the current calendar year's goose hunting season.2. Permittees may refuse access to goose hunters for reasonable cause. Reasonable cause may not be based on age, race, religion, color, disability, sex, physical condition, development disability, creed, sexual orientation or national origin. However, the presence of at least 2 hunters per each 40 acres of land suitable for hunting shall constitute reasonable cause for refusal.3. All lands required to be open to public goose hunting under subd. 1. may not be posted against hunting except to indicate that hunting is by permission only. 4. The landowner or lessee permittee may not charge any form of fee to a person hunting geese pursuant to a Canada goose damage permit issued under this section.(b)Hunter authorization. Upon request by a person who meets the conditions in sub. (6), the permittee shall provide the person with a Canada goose damage hunting permit and no more than 2 carcass tags which will authorize the person to hunt geese causing damage within the authorized area subject to the conditions stated in the permit and this section unless all permits and carcass tags have been issued by the landowner or lessee permittee. Note: The department will provide the permittee with Canada goose damage hunting permit forms.
(c)Authorized area. A permit issued under this section applies only to the lands described on the permit.(d)Kill limit. The department may authorize the harvest of up to 20 Canada geese per landowner or lessee permit under the initial authorization depending on the acreage of damaged crop lands and numbers of Canada geese using the site.(e)Carcass tags. The department shall issue to the landowner or lessee permittee one carcass tag for each goose authorized for harvest under the landowner or lessee permit. The landowner or lessee permittee may retain 2 carcass tags for his or her use and shall issue the remaining carcass tags free of charge to other hunters authorized to participate by the landowner or lessee.(f)Reporting. The landowner or lessee permittee shall maintain a record of all hunters, including themselves, who participated and were issued carcass tags. Within 3 days following permit expiration, the landowner or lessee permittee shall return their permit, all hunter permit records, all unused carcass tags, and report the number of Canada geese harvested under permit to the department office indicated on the permit.(g)Permit length. Permits shall remain in effect until all carcass tags issued under this section have been used, but not longer than 7 days, unless the department grants an extension under par. (h).(h)Permit extensions. If, upon permit expiration, Canada geese continue to cause damage to the landowner or lessee's crops and the permittee has complied with the conditions of the permit, the department may:1. Authorize the harvest of additional geese if all previously issued carcass tags have been used; and2. Extend the effective dates of the permit to allow use of any subsequent or previously issued carcass tags.(6) CONDITIONS OF HUNTING. No person may hunt or possess Canada geese under a permit issued under this section unless they have complied with the following conditions: (a)Licensing.1. The landowner or lessee permittee shall only be required to comply with the federal migratory bird stamp purchase and possession requirements.2. All persons other than the landowner or lessee permittee who are authorized to participate under this section shall possess all state and federal licenses, permits and stamps required to hunt Canada geese within the goose hunting zone which contains the lands described on the permit.(b)Use of other permits. All persons authorized to participate under this section shall have used any other goose hunting permit and carcass tags issued to them which are valid for the locations and effective dates specified in the landowner or lessee permit prior to using the carcass tags issued under this section.(c)Reporting. All persons issued a permit under this section shall report the harvest of a Canada goose to the landowner or lessee permittee and mail a completed goose harvest report card to the department within 48 hours of the time of harvest.(d)Carcass tags. All persons issued carcass tags under this section shall immediately peel off and affix the carcass tag identification number to the appropriate location on the forms provided by the department. Carcass tags are nontransferable.(e)Goose disposition. No person may take or possess more than 2 Canada geese under each permit issued under this section.(f)Regulation compliance. Except as otherwise authorized in this section, all participants shall comply with all state and federal waterfowl hunting regulations including tagging and the daily bag limit. Any geese taken by a person who has not complied fully with this section shall be considered illegally obtained.(g)Permit possession. All persons hunting Canada geese under a permit issued under this section shall carry on his or her person the permit authorizing their participation.Wis. Admin. Code Department of Natural Resources NR 12.41
Cr. Register, July, 1987, No. 379, eff. 8-1-87; am. (3) (f), July, 1988, No. 391, eff. 8-1-88; emerg. r. and recr., eff. 9-21-88; r. and recr. Register, January, 1989, No. 397, eff. 2-1-89; emerg. am. (3), (5) (e), r. and recr. (5) (c) and (d), r. (5) (g), cr. (5) (i), eff. 9-15-89; CR 03-029: renum. from NR 19.84, corrections in (2) (b) made under s. 13.93(2m) (b) 7, Stats., Register December 2003 No. 576, eff. 1-1-04.Amended by, CR 19-146: am. (5) (a) 2. Register June 2020 No. 774, eff. 7/1/2020