Order of the State of Wisconsin Natural Resources Board
amending, repealing and recreating, and creating rules
The statement of scope for this rule, SS 026-13, was published in Register No. 687, on March 31, 2013. This permanent rule was approved by the Governor on ___________________. The Wisconsin Natural Resources Board proposes an order to amend Ch. NR 19.71 (4) and (13), 19.73 (3) (a) 1., 19.74 (1) (a), (b) and (d), 19.74 (2) (Intro.), 19.74 (Note), 19.75 (1), (2) and (Note), 19.77 (2) (a), 19.78 (1) (Intro.), 19.79 and (Note), 19.80 (2) (b) 3., 19.81, 19.82, 19.84; to repeal and recreate 19.71 (10), 19.73 (2) (d) and (3) (d); and to create NR 19.71 (2m), (3m), (6m) and (9g), 19.72 (2) (Note), 19.73 (1) (d) and (e), 19.73 (2) (a) 1m., 19.73 (2) (e), 19.73 (3) (a) 1m., 19.73 (3) (a) 2m. and (e), 19.74 (1) (e), 19.74 (2) (a) to (e) and (3), 19.76 (2m) and (Note), 19.77 (2) (a) (Note), 19.78 (9) to (12), 19.79 (2) and 19.80 (2) (b) 5. to 8 and (Note), 19.81 (3) and (Note), relating to wildlife rehabilitation. WM-10-13
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation of Agency Authority: The department’s authority to authorize and regulate the rehabilitation of wild animals is established in s. 169.24 Stats. The department is directed by s. 169.24(2) Stats to, “promulgate rules to establish the qualifications required to obtain a rehabilitation license, the types of activities authorized by a rehabilitation license and the standards, limitations, and requirements for rehabilitation licenses.” All rules promulgated under this authority are subject to review under ch. 227, Stats. Statutes Interpreted and Explanation: These rules interpret statutes related to captive wildlife, especially s. 169.24. Related Statute or Rule: No other rules currently being promulgated are directly related to this proposal and these proposed rules are not a response to recently enacted statutes.
Plain Language Rule Analysis: This subchapter was adopted in 2004 to establish consistent standards for the rehabilitation of wildlife, ensure that all persons engaged in wildlife rehabilitation are qualified, and to ensure that rehabilitators provide humane care and housing for wildlife being rehabilitated. These proposed revisions will clarify existing rules and establish new requirements for people licensed to rehabilitate wild animals based on what the department has learned after ten years of experience administering the subchapter. Specifically, these rules would:
Section 1 establishes a definition for the word “cage” to clarify that it can mean any type of enclosure.
Sections 2 and 4 establish definitions of direct and indirect supervision to clarify that the actual presence of the licensee or consulting veterinarian is required in certain situations. These sections also define that a “subpermittee” is a person who is working in a limited capacity under the supervision of the holder of an advanced license for wildlife rehabilitation.
Section 3 updates a cross reference to American veterinary medical association standards so that it will always refer to the current standards.
Section 5 simplifies the definition of “volunteer”.
Sections 6 and 35 update the name of the Wildlife Rehabilitation Advisory Committee, the group of volunteers appointed by the secretary to advise the department on wildlife rehabilitation so that it is now a “council” and expand the council’s charge to include advisory roles related to wildlife health and other captive wildlife matters. Use of the word council reflects that this is a long term, rather than a temporary, advisory body.
Section 7 provides information in a note so readers are aware that rehabilitation of skunks and wolves is not allowed and directing people to the location on the department’s website where rehabilitation restrictions and requirements related to deer, wolves and threatened and endangered species are explained.
Sections 8 clarifies that wild animal rehabilitation is restricted only to those species which are listed on the rehabilitator’s license and establishes a process by which additional species may be added to a license.
Section 9 requires an applicant for a rehabilitation license to describe their previous rehabilitation and animal care experience when applying for a license.
Section 10 establishes the conditions under which volunteers may assist basic license holders with the rehabilitation of wild animals, including that volunteers may provide only basic care under the direct supervision of the licensee.
Section 11 establishes that holders of a basic license for wildlife rehabilitation may not utilize the assistance of subpermittees.
Sections 12 to 14 require the signature of a veterinarian to assure that applicants for an advanced wildlife rehabilitation license meet the minimum criteria for the license. These sections also require a description of prior wildlife rehabilitation experience and successfully completing a written exam which evaluates their knowledge as part of the licensing process. This is already a requirement for basic licensees.
Section 15 establishes that volunteers can assist advanced license holders in rehabilitating wildlife and establishes the conditions and requirements.
Section 16 specifically establishes that subpermittees can assist a person who is licensed as an advanced rehabilitator, including at a location other than that of the advanced license holder. This section establishes reporting and other requirements for subpermittees and establishes that advanced licensees are responsible for the activities of volunteers.
Section 17 establishes a state requirement that consulting veterinarians comply with the Animal Medicinal Drug Use Clarification Act of 1994. This is already a requirement of federal law. This section also requires that applicants for wildlife rehabilitation licenses read a code of ethics for wildlife rehabilitation,
Section 18 clarifies that, when providing documentation that facilities are allowed under local zoning, the documentation can be supplied by the applicant instead of the local unit of government. The requirement to show that facilities are allowed under local zoning is also an existing statutory requirement.
Sections 19 to 21 establish requirements for non-residents who wish to apply for a license to rehabilitate wild animals in Wisconsin. The requirements are similar to the ones which apply to resident applicants. As a condition of license renewal for residents, this section requires applicants to obtain and show proof of continuing education.
Section 22 establishes that, in addition to preparing a test, the wildlife rehabilitation council may select an existing examination that is used to evaluate applicants for wildlife rehabilitation licenses.
