“Navigable lake", for the purpose of interpreting s. 29.607
, Stats., means a natural navigable lake or a flowage or pond, or portion of a flowage or pond, where the bed is in town, county, city, village, state or federal ownership.
“Owner-occupied residence" for the purpose of this section means a dwelling or building devoted to human occupancy when used while feeding deer as a residence by the owner, members of the owner's immediate family, or when used as a residence by individuals as a rental property while feeding deer.
“Possession limit" as used in s. NR 19.275
, means the maximum number of a turtle species or group of turtle species which may be possessed by a person at any time.
A privately owned collection mounted for the purpose of display, exhibition or personal use and does not include wild animals mounted for the purpose of sale. In determining whether a wild animal was mounted for the purpose of sale, at a minimum, factors to be considered are the intent of the owner at the time of mounting, the length of time from mounting to sale, display or use of the mounted wild animal prior to sale, frequency of such sales by the owner and the reasons provided by the owner for the sale. This does not preclude the ultimate sale of a mount from a private collection.
“Preserve" means, for the purposes of s. 29.506 (1)
, Stats., and this chapter, to treat or process the carcass of a wild animal to prevent the carcass from decaying or spoiling for the purpose of mounting the carcass or parts of the carcass in a lifelike manner.
“Protected wild animals" means those animals for which a closed season, bag limit, size limit or possession limit has been provided by statute or administrative rule, and includes:
Nongame species unless specifically designated as unprotected by the department;
Game fish, game animals, game birds and fur bearing animals during closed seasons;
“Records" means, for the purpose of s. 29.506 (7) (b)
, Stats., the taxidermist permit, sales forms, information records, records of deliveries and shipments, and the identification tag as described in s. 29.506 (5) (b)
“Small mammals" mean all mammals other than bear, deer and elk.
“Stationed", for purposes of s. 29.194
, Stats., means residing in Wisconsin in compliance with military orders.
“Turtle", as used in this chapter, means a reptile having horny, toothless jaws and a body enclosed in a bony or leathery shell into which the head, limbs and tail may be partially or fully withdrawn, and includes parts of turtles and turtle eggs.
“Unprotected wild animals" means those animals for which no closed season, bag limit, size limit or possession limit has been provided by statute or administrative rule.
“Verified" means to confirm or establish by oath, normally in the form of a notarized statement.
“Wild animal" means any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion.
NR 19.001 History
Cr. Register, September, 1978, No. 273
, eff. 10-1-78; r. and recr. Register, January, 1980, No. 289
, eff. 2-1-80; cr. (5m) and am. (7), Register, August, 1980, No. 296
, eff. 9-1-80; r. (2), (3), (4), (5) and (6), Register, January, 1984, No. 337
, eff. 2-1-84; renum. (1) to be (3), cr. (1), (2), (4) and (4m), Register, August, 1985, No. 356
, eff 9-1-85; cr. (2m), Register, August, 1986, No. 368
, eff. 9-1-86; cr. (2f), (3m), (3p), (3t), (5), (6) and (9), Register, March, 1987, No. 375
, eff. 4-1-87; cr. (2e), Register, June, 1988, No. 390
, eff. 7-1-88; renum. (1) to (9) to be (2) to (15) and (17) to (19), cr. (1) and (16), Register, October, 1988, No. 394
, eff. 11-1-88; emerg. r. (4), eff. 10-16-89; cr. (6m), Register, March, 1990, No. 411
, eff. 4-1-90; r. (4), Register, May, 1990, No. 413
, eff. 6-1-90; cr. (5m), (7m), (12m) and (16m), Register, February, 1997, No. 494
, eff. 3-1-97; CR 04-078
: cr. (1m), (4), (4m), (6d), (6h), (12e), and (15m) Register April 2005 No. 592
, eff. 5-1-05; emerg. cr. (8g) and (8r), eff. 11-2-07; CR 07-074
: cr. (8g) and (8r) Register May 2008 No. 629
, eff. 6-1-08; CR 08-021
: cr. (13m) Register November 2008 No. 635
, eff. 12-1-08; CR 11-030
: am. (5) Register February 2012 No. 674
, eff. 3-1-12; correction in (2) made under s. 13.92 (4) (b) 6.
, Stats., Register May 2013 No. 689
; CR 15-023
: cr. (3m) Register December 2015 No. 720
, eff. 1-1-16.
Upon receipt of an application for an approval required to conduct business activities under ch. 29
, Stats., ss. 30.50
, Stats., the department shall review and issue a decision on the application within 10 business days unless a different period is otherwise provided in subs. (2)
or other statutes or rules.
(2m) Approval to remove wild animals causing damage.
Permits to remove wild animals causing damage shall be issued within 48 hours of receipt of a written complaint. Permits may be granted orally, but shall be confirmed in writing by the department.
(3) Standards and conditions.
If the department requires standards or conditions to be met or complied with prior to issuance of an approval, the time periods for issuing an approval do not begin to run until the applicant has met such standards or conditions as determined by the department.
NR 19.01 Note
Example: An applicant for a wildlife exhibit, game, bird and animal farm, or deer farm license is required to meet pen specifications or fencing requirements before the time system for issuance of approvals begins to apply.
(4) Wildlife surveys.
If a survey of wildlife on the property is required, the time periods for issuing an approval do not apply until completion of that survey. The survey shall be completed within 30 business days from the time of year that, in the opinion of a professional department wildlife manager, is optimum for determining accurate wildlife populations. At the time the application is received, the department shall inform the applicant of the date by which the survey will be completed.
(5) Environmental impact.
If an environmental analysis, environmental impact report or environmental impact statement is required under ss. 1.11
and 23.11 (5)
, Stats., and ch. NR 150
, the time periods for issuing an approval do not apply until ss. 1.11
and 23.11 (5)
, Stats., and ch. NR 150
have been complied with.
(6) Other approvals.
The time for an approval for an activity under sub. (1)
will not begin to run until other approvals for that activity are obtained.
NR 19.01 History
Cr. Register, August, 1985, No. 356
, eff. 9-1-85; cr. (2) (l) and (m), Register, July, 1987, No. 379
, eff. 8-1-87; emerg. cr. (2) (n), eff. 9-21-88; cr. (2) (n), Register, January, 1989, No. 397
, eff. 2-1-89; emerg. r. (2) (l) to (o), cr. (2m), eff. 10-16-89; r. (2) (l) to (n), cr. (2m), Register, May, 1990, No. 413
, eff. 6-1-90; CR 05-031
: r. (2) (b) to (h), renum. (2) (i), (j) and (k) to be (b), (c) and (d) and am. (c) and (d) Register November 2005 No. 599
, eff. 12-1-05; CR 13-022
: am. (5) Register March 2014 No. 699
, eff. 4-1-14.
Handling fees for certain approvals. NR 19.02(1)(1)
This section establishes and describes handling fees which may be charged for processing requests for approvals ordered by mail, telephone or electronic means.
The provisions of this section apply to licenses, permits, stamps and other approvals issued under the authority of ch. 29
, Stats., and offered by the department under extended issuance options and ordered by mail, telephone, or electronic means.
“Department" means the department of natural resources.
“Extended issuance options" means the ability to obtain an approval in person and by mail, telephone or electronic means.
“Order" means a single request from a person for an approval or approvals.
(4) Fee for handling applications for certain approvals. NR 19.02(4)(a)(a)
In addition to the obligation to pay all fees imposed under s. 29.563
, Stats., a person who orders an approval by mail, telephone or electronic means is required to pay a handling fee established in accordance with this section for each order.
The handling fee for each order shall be established by the department based upon projected mailing costs, credit transaction fees, credit verification fees, personnel costs, telecommunications costs and lock box charges associated with processing the order and may not exceed $5.00 per order.
The handling fee under this section shall be established consistent with par. (b)
annually prior to April 1 by the secretary of the department.
An order submitted by mail, telephone, or electronic means without payment of all associated fees required under s. 29.563
, Stats., and the handling fee in a manner acceptable by the department is not a complete application for the approval and the order will be returned.
If an application for an approval is denied, the handling fee is not refundable.
NR 19.02 History
Cr. Register, July, 1996, No. 487
, eff. 8-1-96; CR 04-020
: am (2) and (3) (c) Register August 2004 No. 584
, eff. 9-1-04; CR 05-086
: am. (4) (b) Register June 2006 No. 606
, eff. 7-1-06.
NR 19.025 Waivers for an educational recreational activity. NR 19.025(1)(1)
This section contains rules for the procedures required to apply to the department for a waiver of approvals, applicable fees and other requirements pursuant to s. 29.197 (2)
, Stats., for an educational, recreational and skills development activity that is sponsored or approved by the department. It further explains the reasonable conditions, limitations and restrictions that will be necessary to allow for approval of the waiver.
“Accompany" means be in immediate presence of the novice participant.
“Educational outdoor skills activity" means a course to teach novice participants how to hunt, trap or fish.
“Mentor" means a person who is instructing or assisting with teaching of the educational outdoor skills activity.
“Novice participant" for fishing means any person who is 5 years of age or older who has less than 2 years of fishing experience.
“Substantial loss of revenue" means a loss of fishing, trapping and hunting license fees from persons who are not novice participants.
(3) General; conditions, limitations and restrictions. NR 19.025(3)(a)(a)
An applicant shall submit a request for a waiver at least 30 days prior to a hunting or trapping event and 15 days before a fishing event. The department may waive the 15 day period for fishing events when the department determines it is not required to conduct criminal history, character or background checks. All applications shall be submitted on forms provided by the department.
A written course outline shall be submitted along with the request for waiver for approval by the department.
There shall be a minimum of 4 hours of classroom and field instruction prior to the hunting or fishing activity.
If there are more novice participant applicants for a specific educational outdoor skills activity event or location than the department or applicant sponsoring the event is able to accommodate, the department may select which of the novice participant applicants will be allowed to participate. When making this selection, the department shall give preference to those novice participant applicants who have had the least previous exposure, as determined by the department, to that recreational activity or the least opportunity to accompany others and learn about that recreational activity.
Where applicable, written authorization from host landowner shall be obtained and submitted with the application. It shall include the legal description of the lands on which the activity will be conducted. If department lands are to be used, the written approval of the property manager shall be obtained.
Unless otherwise approved, the novice participants and mentors participating in the activity shall comply with all natural resource rules and regulations.
Waivers may not be issued that allow for the shooting of wild animals or the catching of fish by a mentor or instructor.
Novice participants may not be charged a fee which exceeds the costs of materials used in the course, equipment rental, meals and overnight accommodations.
Upon receipt of information indicating prior illegal activity relevant to a mentor's ability to properly assist or instruct novice participants, the department may make appropriate inquiry into criminal history, character and background of mentoring applicants and determine their suitability for the proposed activity.
One of the mentors shall carry the department approved waiver with list of participants during the educational recreational activity.
Waivers under this section shall only apply to novice participants.
The waiver of the approval and applicable fees will not result in a substantial loss of revenue to the department.
NR 19.025 Note
Note: Applications may be obtained from any department office.
(4) Special hunting conditions, limitations and restrictions. NR 19.025(4)(a)(a)
During the field portion of the hunting activity a mentor shall accompany a novice participant.
During hunting skills field activities the area shall be posted with a sign advising of the activity.
At least one mentor shall be a certified hunter education instructor.
Mentors shall have at least 5 years of hunting experience.
(5) Special fishing conditions, limitations and restrictions. NR 19.025(5)(a)(a)
Except as provided in par. (b)
, the applicant, instructors and mentors shall possess a valid fishing approval.
Non-licensed mentors may be involved with assisting but will need approvals if they take part in the actual fishing activity unless they are enrolled as a novice participant.
(6) State parks.
Waivers may be issued that allow the following activities in state parks:
This section does not apply to special hunting events established under s. NR 10.01
NR 19.025 History
Cr. Register, July, 1997, No. 499
, eff. 8-1-97; CR 06-012
: am. (2) (d) Register December 2006 No. 612
, eff. 2-1-07; CR 09-018
: am. (3) (a) and (5) (a) Register February 2010 No. 650
, eff. 3-1-10; CR 09-024
: am. (2) (b), (d) and (e) Register May 2010 No. 653
, eff. 6-1-10; CR 10-020
: am. (2) (d), cr. (3) (dm) Register October 2010 No. 658
, eff. 2-1-11; CR 13-108
: am. (6) (c) Register August 2014 No. 704
, eff. 9-1-14; CR 17-013
: am. (2) (d), r. (3) (d), Register February 2018 No. 746
Control of muskrats on cranberry marshes. NR 19.03(1)(1)
The owner or lessee of any improved cranberry marsh area shall comply with s. 29.885
The provisions of this section shall not apply to any person or persons who own or are interested in a cranberry marsh situated in the same area wherein said owners are the licensees of a muskrat farm or in which such person or persons have an interest.
The department or its authorized agents may assist any owner or operator of improved cranberry marsh areas with the removal of muskrats from areas that have been damaged, or are being damaged by such muskrats, wherein they believe that the muskrats can be taken alive and removed to other localities deemed advisable by the department.
Any such cranberry marsh areas where muskrats are being controlled as provided in this section shall be open to the inspection of the department or its authorized agents at any time.
NR 19.03 History
; r. (2), Register, August, 1966, No. 128
, eff. 9-1-66; renum. from WCD 19.03 to be NR 19.03, and am. (1), (4) and (5), Register, April, 1971, No. 184
, eff. 5-1-71; r. and recr. (1), Register, August, 1979, No. 284
, eff. 9-1-79.
Release, importation and transportation of fish. NR 19.05(1)(1)
No person, persons, firm or corporation may bring into the state to introduce or release or cause to be introduced or released in any manner into the inland or outlying waters any fish or the eggs or spawn thereof, without first applying for in writing and receiving a written permit from the department or its duly authorized agents. The permit shall be granted only after the department or its agents investigates and inspects the fish or the eggs or spawn thereof as it deems necessary to determine that the introduction or release will not be detrimental in any manner to the conservation of the natural resources of the state. Inspection may include removal of reasonable samples of fish and eggs for biological examination. The responsibility of licensees holding private fish hatchery licenses is stated in ss. 29.735