NR 8.06(1)(1)
Except as prohibited in sub. (2), an individual may purchase an approval for another if the purchaser submits an application form completed and signed by the applicant except that:
NR 8.06(1)(a)
(a) A parent or guardian of a child under the age of 18 may purchase an approval on behalf of a child under 18 years of age. A parent or guardian shall sign a purchase receipt under s.
NR 8.04 (1) (a) on behalf of the child before the parent or guardian receives the approval.
NR 8.06(1)(b)
(b) Stamp approvals may be purchased for another person if a customer identification number is provided.
NR 8.06(2)
(2) An individual may not purchase an approval for another person when there is a limited quantity of approvals available, except a parent or guardian may purchase an approval for their child under the age of 18.
NR 8.06(3)
(3) A person purchasing an approval for another person as provided in this section may purchase the approval from any license agent.
NR 8.07
NR 8.07
Variances. The department may approve a variance from nonstatutory requirements of this chapter upon request when the department determines that the variance is essential to accomplish the objectives of the statewide automated system and where special circumstances make the variances in the best interest of the program. Before granting a variance, the department shall take into account factors such as good cause and circumstances beyond the control of the requester.
NR 8.07 History
History: Cr.
Register, November, 1998, No. 515, eff. 1-1-99;
EmR1613: emerg. am., eff. 3-12-16;
CR 17-061: am.
Register February 2018 No. 746, eff. 3-1-18.
subch. II of ch. NR 8
Subchapter II — Procedures for Revocation of Hunting, Fishing and Trapping Approvals
NR 8.50
NR 8.50
Purpose. This subchapter is adopted to establish consistent standards for implementing the provisions of the wildlife violator compact under s.
29.03, Stats., and the revocation requirements of s.
29.972, Stats. The intent is to ensure all violator's whose hunting, fishing or trapping privileges and approvals have been revoked by a court or the department as the result of a violation or for failure to appear or pay a fine or forfeiture in this or another participating state are notified of the violator's revocation status and of the violator's appeal rights.
NR 8.50 History
History: CR 07-056: cr.
Register March 2008 No. 627, eff. 4-1-08.
NR 8.51
NR 8.51
Definitions. For the purpose of this subchapter:
NR 8.51(1)
(1) “Clerk" means the clerk of the circuit court with jurisdiction over a wildlife-related violation.
NR 8.51(2)
(2) “Citation" has the meaning given in s.
29.03 (2) (a), Stats., and includes summons and complaints issued by a district attorney for a wildlife-related violation.
NR 8.51(4)
(4) “Department" means the department of natural resources.
NR 8.51(5)
(5) “Last known address" means the address provided by the violator to the officer issuing the citation or a more current address if provided by the violator.
NR 8.51(6)
(6) “Mail" means to send a letter by first class mail to the person's last known address.
NR 8.51(7)
(7) “Notice of compliance" means documentation issued by the clerk or a participating state that a violator has resolved a citation, summons or complaint subject to this subchapter.
NR 8.51(8)
(8) “Notice of noncompliance" means documentation issued by the clerk or a participating state that a violator has not resolved a citation, summons or complaint subject to this subchapter.
NR 8.51(9)
(9) “Notice of revocation by the department" means confirmation that a violator has failed to resolve a citation, summons or complaint and that such inaction will result in the revocation of that person's hunting, fishing and trapping licenses, privileges and approvals.
NR 8.51(10)
(10) “Notice of revocation by the court" means confirmation that a person's hunting, fishing or trapping privileges or approvals have been suspended or revoked by the court as provided or required under s.
29.971, Stats., or in lieu of an order of imprisonment under s.
23.795 (1) (a), Stats., for a violation of ch.
29, Stats., for which the person failed to comply with or take action to resolve the citation, summons or complaint through an appearance in court or through the payment of all required forfeitures, fines, costs, and surcharges.
NR 8.51(12)
(12) “Privileges" means ability to hunt, fish or trap wild animals in this state, or purchase, obtain, or apply for any approval or preference points related to hunting, fishing or trapping of wild animals.
NR 8.51(13)
(13) “Resolved" means to come into compliance with all required actions related to a citation, summons or complaint through the payment of all applicable forfeitures, fines, costs, and surcharges imposed by the court for a wildlife-related violation.
NR 8.51(16)
(16) “Wildlife-related violation" has the meaning given in s.
29.03 (2) (s), Stats., and includes any violation of s.
23.22, Stats., and ch.
29, Stats., or chs.
NR 10 to
28 and
40, or a similar violation committed in a participating state, except that violations involving a captive wild animal subject to regulation under ch.
169, Stats., may not be considered a wildlife-related violation for the purposes of this subchapter.
NR 8.52
NR 8.52
Revocations for failure to pay or appear in court. NR 8.52(1)(a)1.1. After a violator does any of the following regarding a wildlife-related violation, the clerk shall provide a notice of noncompliance to the department's wildlife violator compact administrator:
NR 8.52(1)(a)1.b.
b. Fails to appear on the court date set under s.
23.72 or
23.75, Stats., unless the person makes a deposit under s.
23.66, Stats., or makes a deposit and stipulation under s.
23.67, Stats.
NR 8.52 Note
Note: Clerks need only provide the department with one notice of noncompliance when a person fails to respond or appear as described in subd. 1. If the court enters a default judgment against a violator and provides the violator with an additional period of time to pay, the clerk may wait to see if the violator fails to make the required deposit by the new deadline established by the court under s.
23.75 (3) (a) 2. Stats., before providing the department with a notice of noncompliance under subd. 2.
NR 8.52 Note
Note: Notices may be mailed to the: Department of Natural Resources, Wildlife Violator Compact Administrator, P.O. Box 7921, Madison, WI 53707-7921, or by FAX at (608) 264-6130. An e-mail address for the Compact Administrator may be obtained by calling the department's call center at 1-888-936-7463.
NR 8.52(1)(a)2.
2. A notice of noncompliance provided under subd. 1. shall include at least the following information:
NR 8.52(1)(a)2.a.
a. The violator's full name, date of birth if known and last known address.
NR 8.52(1)(a)2.b.
b. Case number, statute, or administrative rule number violated, description of violation, date of violation and county of violation.
NR 8.52(1)(a)2.d.
d. Disposition by the court, including conviction date, any penalty imposed and any hunting, trapping or fishing privilege or approval revocations ordered by the court.
NR 8.52(1)(a)3.
3. After a violator has resolved any citation, summons, or complaint which is subject to this section, the clerk shall provide a notice of compliance to the department's wildlife violator compact administrator. The notice shall include the following:
NR 8.52(1)(a)3.a.
a. The violator's full name, date of birth, if known, and last known address.
NR 8.52(1)(a)3.b.
b. Case number, statute, or administrative rule number violated, description of violation, date of violation and county of violation.
NR 8.52(1)(a)3.d.
d. Disposition by the court, including conviction date and penalty imposed, if applicable, and any court ordered revocation of the violator's hunting, fishing or trapping licenses, privileges and approvals under s.
29.971, Stats., not related to the violator's failure to pay or appear in court.
NR 8.52(1)(a)3.e.
e. The date on which any hunting, fishing or trapping privilege and approval revocation was ordered by the court under s.
29.971, Stats., will end.
NR 8.52 Note
Note: Notifications may be mailed to the: Department of Natural Resources, Wildlife Violator Compact Administrator, P.O. Box 7921, Madison, WI 53707-7921, or by FAX at (608) 264-6130. An e-mail address for the Compact Administrator may be obtained by calling the department's call center at 1-888-936-7463.
NR 8.52(1)(b)
(b)
Wildlife violator compact administrator. The department's wildlife violator compact administrator or designee shall keep a record of all notices received from the clerk under par. (a) and s.
NR 8.53 (1), and shall do all of the following after receiving a notice of noncompliance from a clerk under par. (a) 1.:
NR 8.52(1)(b)1.
1. Mail a notice of revocation by the department to the violator. The notice shall include all the following information:
NR 8.52(1)(b)1.a.
a. The violator's full name, date of birth, if known, and last known address.
NR 8.52(1)(b)1.b.
b. Case number, statute, or administrative rule number violated, description of violation, date of violation and county of violation.
NR 8.52(1)(b)1.d.
d. Disposition by the court, including conviction date, any penalty imposed by the court.
NR 8.52(1)(b)1.e.
e. That the revocation for failure to resolve the citation, summons or complaint shall take effect 21 days after issuance of the notice of revocation by the department, unless an earlier date has been specified by the court as authorized under s.
23.795 (2) or
29.971, Stats. The date on which the revocation takes effect shall be provided in the notice of revocation.
NR 8.52 Note
Note: Section
23.795 (2), Stats., states that in lieu of an order of imprisonment under s.
23.795 (1) (a), Stats., for a violation of ch.
29, Stats., the court may revoke or suspend any privilege or approval granted under ch.
29, Stats., as provided in s.
29.971 (12), Stats.
NR 8.52(1)(b)1.f.
f. That the revocations shall remain in effect until the department's wildlife violator compact administrator receives a notice of compliance from the clerk of the court with jurisdiction.
NR 8.52(1)(b)1.g.
g. Of the conditions provided under s.
29.972 (1) (a) to
(c), Stats., under which the violator may request a hearing to appeal the revocation and the procedures for doing so.
NR 8.52(1)(b)2.
2. Update the department's statewide automated system with a violator's revocation status, including the starting date and the ending date when known.
NR 8.52(1)(b)3.
3. Notify all other participating states of the hunting, fishing and trapping revocation status of a violator for any wildlife-related violations.
NR 8.52 Note
Note: Pursuant to s.
29.972 (1), Stats., the opportunity for an administrative appeal to the department is limited to the issue of whether the violator did any of the following:
NR 8.52 Note(a) Failed to respond to a summons under s.
23.66 (3) or
23.67 (4), Stats., or a warrant or summons under s.
968.04, Stats., or
NR 8.52 Note(b) Failed to appear on the court date set under s.
23.72 or
23.75, Stats., unless the person makes a deposit under s.
23.66, Stats., or makes a deposit and stipulation under s.
23.67, Stats., or
NR 8.52 Note
(c) Failed to appear before the court and is subject to a bench warrant under s.
968.09, Stats.
NR 8.52 Note
Note: Section
29.972 (2) (a), Stats., does not require the administrative revocation by the department if the court has already revoked any or all of the person's hunting, fishing, or trapping approvals under s.
23.79 (4) or
23.795 (2), Stats.
NR 8.52(1)(c)
(c)
Alternative revocation by the department. Notwithstanding the procedures established in par. (a), the department may revoke all hunting, fishing and trapping privileges and approvals of a violator pursuant to s.
29.972, Stats., when the department determines that the procedures of par. (a) are applicable, but have not been complied with. If the department revokes the violator's hunting, fishing and trapping privileges and approvals under this paragraph, the department's wildlife violator compact administrator or designee shall do all of the following:
NR 8.52(1)(c)1.
1. Send a notice of revocation by the department to the violator containing the information required under par. (b).
NR 8.52(1)(c)2.
2. Update the department's statewide automated system with a violator's revocation status, including the starting date and the ending date when known.
NR 8.52(1)(c)3.
3. Provide updated information to all other participating states of the hunting, fishing and trapping revocation status of the violator.
NR 8.52 Note
Note: Section
29.972 (2) (a), Stats., does not require the administrative revocation by the department if the court has already revoked any or all of the person's hunting, fishing, or trapping approvals under s.
23.79 (4) or
23.795 (2), Stats.
NR 8.52 Note
Note: A clerk of court and the department shall consider a revocation under s.
29.972(2), Stats., to be resolved when the violator complies with the order of the court, the judgment is satisfied, or the court orders the revocation of the person's ch.
29, Stats., privileges or approvals under the authority of s.
29.971, Stats., or in lieu of an order of imprisonment under s.
23.795 (1) (a), Stats.
NR 8.52(1)(d)
(d)
Wildlife violator compact administrator acknowledgement of compliance. When a violator has resolved the matter subject to par. (a) or (c) with the court and the department has received a notice of compliance from the clerk, the department's wildlife violator compact administrator or designee shall do all of the following:
NR 8.52(1)(d)1.
1. Mail the violator an acknowledgement of receipt of the notice of compliance. The acknowledgement shall include:
NR 8.52(1)(d)1.a.
a. The violator's full name, date of birth, if known, and last known address.
NR 8.52(1)(d)1.b.
b. Case number, statute, or administrative rule number violated, description of violation, date of violation and county of violation.
NR 8.52(1)(d)1.d.
d. Disposition by the court, including conviction date, any penalty imposed by the court, including any additional court ordered revocation still in effect and the term of any court ordered revocation, if known.
NR 8.52(1)(d)1.e.
e. The date on which the violator's hunting, fishing and trapping privileges and approvals are to be reinstated by the department, or the ending date of any court ordered revocation, whichever is later.
NR 8.52(1)(d)2.
2. Update the department's statewide automated system with any change in the violator's hunting, fishing and trapping revocation status.
NR 8.52(1)(d)3.
3. Provide updated information to all other participating states of the change in hunting, fishing and trapping revocation status of the violator as appropriate.
NR 8.52 Note
Note: A clerk of court and the department shall consider a revocation under s.
29.972 (2), Stats., to be resolved when the violator complies with the order of the court, the judgment is satisfied, or the court orders the revocation of the person's ch.
29, Stats., privileges or approvals under the authority of s.
29.971, Stats., or in lieu of an order of imprisonment under s.
23.795 (1) (a), Stats.
NR 8.52(1)(e)1.1. The opportunity for an administrative appeal of a revocation by the department pursuant to s.
29.972, Stats., shall be limited to the issues specified in s.
29.972 (1) (a) to
(c), Stats.
NR 8.52(1)(e)2.
2. If the revocation is upheld, the violator must then proceed to resolve the court case with the revocation remaining in effect.
NR 8.52(1)(e)3.
3. If the revocation is overturned for any reason, the matter is terminated and the revocation order vacated.
NR 8.52 Note
Note: The question of guilt or innocence regarding the original charge or good cause for failing to resolve the matter will not be a subject of hearings held under the provisions of this section. Appeals shall be subject to the procedures under s.
227.42, Stats., which shall be limited to the issues specified in s.
29.972 (1) (a) to
(c), Stats.
NR 8.52 Note
Note: Pursuant to s.
29.972 (1) (a) to
(c), Stats., the opportunity for an administrative appeal to the department are limited to the issue of whether the violator:
