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NR 12.10(1)(a) (a) General prohibitions. Unless otherwise approved by the department, a municipality, landowner, lessee or occupant may not engage in the following without applying in writing and receiving written approval from the department to:
NR 12.10(1)(a)1. 1. Destroy any wild animal, provided that all game and furbearing animals are disposed of as directed by the department, which is classified as:
NR 12.10(1)(a)1.a. a. A furbearing animal or game fish, animal or bird under s. 29.001 (30), (33), (36) and (39), Stats.; or
NR 12.10(1)(a)1.b. b. Protected under s. NR 10.02; or
NR 12.10(1)(a)1.c. c. Endangered or threatened under s. NR 27.03;
NR 12.10(1)(a)2. 2. Use any restricted-use pesticides listed in s. NR 80.01 (4); or
NR 12.10(1)(a)3. 3. Live-capture and relocate any wild animal to department controlled lands.
NR 12.10(1)(a)4. 4. Live-capture and relocate white-tailed deer, elk, black bear or any wild animal classified as endangered or threatened under s. NR 27.03.
NR 12.10(1)(a)5. 5. Live-capture and relocate any coyote to a hound dog training enclosure permitted under s. NR 17.045.
NR 12.10 Note Note: Application forms are obtained from department field stations.
NR 12.10(1)(b) (b) Exemptions. Written authorization is not required to:
NR 12.10(1)(b)1. 1. Destroy by shooting or trapping:
NR 12.10(1)(b)1.a. a. Any unprotected wild animal under s. NR 10.04; or
NR 12.10(1)(b)1.b. b. Any bird causing depredation under s. NR 12.05; or
NR 12.10(1)(b)1.c. c. Any species listed in s. 29.337, Stats.; or
NR 12.10 Note Note: Animals listed in s. 29.337, Stats., are beavers, foxes, raccoons, rabbits, squirrels, coyotes and woodchucks. However, s. 29.337, Stats., provides for the protection of coyotes from hunting during an open season for hunting deer with firearms in an area that is closed by the department by rule to coyote hunting.
NR 12.10(1)(b)1.d. d. Muskrats damaging dikes, dams, shoreline or roadways.
NR 12.10(1)(b)2. 2. Live-trap and relocate any wild animal, except white-tailed deer, elk, black bear or any wild animal classified as endangered or threatened under s. NR 27.03, or any animal classified as a harmful wild animal under s. NR 16.11, to open unenclosed lands not controlled by the department with the permission of the owner. Pursuit of animals released under this subdivision by dogs may not occur in an area where a wild animal has been released for a period of 2 hours after release of the animal, except dogs may be released to pursue raccoons at anytime after the raccoon has reached cover by climbing a tree or pole to a height of at least 10 fee.
NR 12.10(1)(b)2m. 2m. The department may prescribe the manner of disposal for animals destroyed under this paragraph.
NR 12.10(1)(b)3. 3. Remove beaver dams.
NR 12.10(1)(b)4. 4. Harass or disturb protected wild birds, not listed as endangered or threatened in s. NR 27.03, in such a way as to relieve a damage or nuisance situation in urban areas, golf courses, and airports provided the bird is not physically harmed.
NR 12.10(1)(b)5. 5. Live-trap and relocate rabbits to a hound dog training enclosure permitted under s. NR 17.045.
NR 12.10(1)(b)6. 6. Conduct any of the following activities in order to control Canada geese at an airport or within a 3 mile radius of the airport with landowner permission, if the activities are conducted by airport employees or their designees in compliance with the restrictions, requirements and conditions as described by the U.S. fish and wildlife service in 50 CFR 21.49 and provided that all birds are disposed of as directed by the department:
NR 12.10(1)(b)6.a. a. Live-trap and relocate Canada geese.
NR 12.10(1)(b)6.b. b. Destroy nests and eggs of Canada geese from March 1 to June 30.
NR 12.10(1)(b)6.c. c. Kill adult Canada geese and goslings by trapping or shooting from April 1 to September 15.
NR 12.10(1)(b)7. 7. Destroy birds defined under s. 29.001 (33) and (39), Stats., and permitted for removal by the U.S. fish and wildlife service under a federal depredation permit, provided the permit has been reviewed and approved by the department and removal activities are in compliance with the restrictions, requirements and conditions as described by the U.S. fish and wildlife service in 50 CFR 21.49 and this section.
NR 12.10(1)(c) (c) Application deadline. The department may not consider any application to shoot deer causing damage to corn, alfalfa, clover, other hay, soybeans, small grains, vegetable crops, melons, strawberries, cabbage, potatoes, cucumbers, popcorn, sunflowers or ginseng filed after October 1, unless the department finds that extraordinary conditions exist. Extraordinary conditions include, but are not limited to, ongoing, severe damage to crops occurring after October 1, which will cause extensive yield reductions or winter losses.
NR 12.10(2) (2) Approval criteria. Prior to authorizing the removal of wild animals causing damage, the department shall find that:
NR 12.10(2)(a) (a) Abatement attempt. The applicant is employing or has agreed to employ alternative abatement methods deemed reasonable by the department.
NR 12.10(2)(b) (b) Damage extent.
NR 12.10(2)(b)1.1. Damage to applicant's property in the current calendar year exceeds or is likely to exceed $1,000 if caused by any species included under s. 29.889, Stats.; or
NR 12.10(2)(b)2. 2. White-tailed deer are causing damage on lands enclosed by a permanent barrier fence that has been certified to be in proper working order by either the department or the county wildlife damage program administrator; or
NR 12.10(2)(b)3. 3. Damage will result in a loss of plants or animals listed as threatened or endangered under s. NR 27.03; or
NR 12.10(2)(b)4. 4. Extraordinary damage other than specified in subds. 1. to 3. is occurring or is likely to occur.
NR 12.10(2)(c) (c) Access control. The applicant has the authority to control access as required by s. 29.885 (4m), Stats., for purposes of hunting and trapping on the lands being damaged and any contiguous lands under the same ownership that are suitable for hunting or trapping.
NR 12.10(2)(d) (d) Previous performance. The applicant has complied with the conditions of any previous department authorizations to remove wild animals causing damage or nuisance issued within the preceding 12 months and this chapter.
NR 12.10(2)(e) (e) County involvement. For species and lands covered under an approved county wildlife damage plan of administration under s. 29.889, Stats., the county wildlife damage administrator has conducted a damage investigation and made recommendations on abatement measures to be implemented by the applicant.
NR 12.10(2)(f) (f) Migratory birds. The USFWS has authorized the department to remove or authorize the removal of birds classified as migratory under 50 CFR 10.13.
NR 12.10(3) (3) Rule compliance and participation by others. The landowner, lessee, occupant or other persons assisting in the removal of wild animals causing damage or nuisance shall comply with all hunting and trapping rules specified under ch. NR 10 or ch. 29, Stats., except the open and closed seasons established in ch. NR 10 or unless otherwise provided under this chapter, ch. 29, Stats., or by permit. Permittees and participants who fail to comply shall be subject to the penalty applicable to the appropriate ch. NR 10 or ch. 29, Stats., violation. Persons other than the landowner, lessee or occupant, may assist in the removal of wild animals causing damage or nuisance in accordance with this subsection.
NR 12.10(3)(a) (a) Number and selection of participants. The department may limit the number of persons assisting in a removal subject to s. NR 12.10 (1). All participants shall be selected by the permittee. First preference may be given to members of the permittee's immediate family. Next preference shall be given to persons that are able to provide immediate removal assistance and meet the requirements specified under par. (b) and s. NR 12.15 (11).
NR 12.10(3)(b) (b) Age and safety training. All participants shall meet the requirements of ss. 29.304 and 29.593, Stats., pertaining to hunter safety and age.
NR 12.10(3)(c) (c) Except as authorized in s. NR 12.06 (3) (c), all participants and persons assisting participants shall possess written approval from the permittee and the appropriate, valid hunting or trapping license when carrying on removal activities. Written approval shall include: name, address and phone number of landowner; name, address and phone number of the person removing wild animals; property location and removal activities, authorized period of removal, species of animals authorized for removal, signature of the landowner or lessee, and date.
NR 12.10(3)(d) (d) No fees. The permittee, participant, or any other individual may not charge any form of fee to a participant. All permit materials, tags, and distribution of materials and tags are the responsibility of the permittee. Upon verification of fees being charged the department may revoke the removal permit and, if applicable, enforce penalties under s. NR 12.35 (4).
NR 12.10(3)(e) (e) Animal or carcass care and disposition of permit exempt wild animal removals. Wild animals removed according to authority described in sub. (1) (b) which are live-trapped for relocation shall comply with s. 169.04 (2), Stats., or which are destroyed by shooting or trapping shall comply with s. 23.095, Stats., with fur or fur-bearing animals sold to a licensed fur dealer. Unusable animals or animal by-products shall be disposed of in a sanitary manner.
NR 12.10(4) (4) Nuisance approval. An applicant meeting the approval criteria described in sub. (2) (a), (d) and (f) may be authorized to remove wild animals causing a nuisance under conditions the department considers reasonable.
NR 12.10(5) (5) License requirements. Municipalities, landowners, lessees or occupants that are not required to obtain written authorization under sub. (1) (b) to remove wild animals causing damage or that they consider to be a nuisance, are also not required to possess a valid hunting or trapping license when carrying out removal activities.
NR 12.10 History History: Cr. Register, May, 1990, No. 413, eff. 6-1-90; am. (1) (a) (intro.), (2) (intro.), (c), (d), (3) (c) and (d), cr. (1) (c) and (4), Register, May, 1994, No. 461, eff. 6-1-94.; am. (3) (a), cr. (3) (e), Register, July, 1995, No. 475, eff. 8-1-95; CR 01-006: cr. (1) (b) 4., Register August 2001 No. 548, eff. 9-1-01; emerg. am. (3) (c), eff. 7-3-02; CR 03-016: am. (3) (c) Register August 2003 No. 572, eff. 9-1-03; CR 03-018: am. (1) (a) 4., (b) 2. and (2) (b) 2. Register December 2003 No. 576, eff. 1-1-04; CR 04-046: cr. (5) Register September 2004 No. 585, eff. 10-1-04; CR 05-031: am. (3) (intro.) and (e) Register October 2005 No. 598, eff. 11-1-05; CR 05-104: cr. (1) (a) 5. and (1) (b) 5., am. (1) (b) 2. Register June 2007 No. 618, eff. 7-1-07; CR 07-055: am. (1) (b) 4., cr. (1) (b) 6. Register January 2008 No. 625, eff. 2-1-08; CR 07-035: am. (3) (intro.) Register April 2008 No. 628, eff. 5-1-08; CR 09-052: am. (1) (b) 2. Register June 2010 No. 654, eff. 7-1-10; CR 10-051: am. (1) (a) 1. (intro.), (b) 1. b., cr. (1) (b) 2m. and 7. Register December 2010 No. 660, eff. 1-1-11; renumber of (1) (b) 2m. made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660; CR 16-037: am. (3) (d) Register April 2017 No. 736, eff. 5-1-17; EmR1613: emerg. cr. (12), eff. 3-12-16.
NR 12.15 NR 12.15 Conditions of permits to shoot or trap wild animals causing damage. The following general conditions apply to all permits to remove wild animals causing damage:
NR 12.15(1) (1) Public use during open seasons. All lands described on the application and any contiguous lands under the same ownership suitable for hunting or trapping shall be open to public hunting or trapping of the species causing the damage for a period of one year from the effective date of the permit. These lands may be posted to indicate that hunting permission is required from the permittee. The department may require a permittee to keep a daily log of hunter's names and telephone numbers on forms provided by the department as a condition of the permit.
NR 12.15(2) (2) Use refusal. Permittees may refuse access to hunters or trappers 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. The presence of at least 2 hunters or active trapping of at least one trapper per each 40 acres suitable for hunting or trapping, respectively, shall constitute a reasonable cause for refusal.
NR 12.15 Note Note: Other examples of reasonable cause may include drunkenness, vandalism, littering, or reckless conduct.
NR 12.15(3) (3) Rule compliance. The permittee and all participants shall comply with all hunting and trapping rules specified under ch. NR 10 or ch. 29, Stats., unless otherwise provided under this chapter, ch. 29, Stats., or by permit. Permittees and participants who fail to comply shall be subject to the penalty applicable to the appropriate ch. NR 10 or ch. 29, Stats., violation.
NR 12.15(4) (4) Reporting. Each permittee shall keep a current, correct and complete record of all participants and permit activities as required by the department on forms furnished by the department. Permit records may be inspected by the department at any time. Copies of records shall be provided to the department upon request. The permittee shall report the total number of wild animals or structures removed and return all unused permit materials and any participant authorizations issued, to the department within 10 days after the permit expiration date.
NR 12.15 Note Note: Permit materials may include carcass tags, armbands and hunter permission slips.
NR 12.15(5) (5) Carcass care and disposition. Unless otherwise directed by the department, each animal shall be:
NR 12.15(5)(a) (a) Tagged with a carcass tag provided by the department immediately upon killing;
NR 12.15(5)(b) (b) Field dressed and stored in a cool location; and
NR 12.15(5)(c) (c) As soon as practical, turned over to the department designee authorized to receive the carcass.
NR 12.15(6) (6) Department assistance. The department may not assist the permittee in shooting or trapping unless:
NR 12.15(6)(a) (a) Extraordinary damage is occurring; or
NR 12.15(6)(b) (b) The permittee has demonstrated an inability to kill an adequate number of wild animals and damage to the permittee's property in the current calendar year exceeds or is likely to exceed $5,000 if caused by any species included under s. 29.889, Stats.
NR 12.15(7) (7) Permit materials possession. Each participant shall have in their possession while hunting or trapping under the authority of a permit to remove wild animals causing damage any materials issued to the participant by the department or permittee.
NR 12.15(8) (8) Permit materials restriction. Permit materials are not transferable and may not be altered or defaced.
NR 12.15(9) (9) Permit kill limit. The department may specify the sex and age of the animals to be removed and limit the number of carcass tags issued under this section after consultation with the applicant and, if the damage is occurring in a county participating under s. 29.889, Stats., the appropriate county wildlife damage program personnel.
NR 12.15(10) (10) Authorized area. The permit applies to all lands subject to public use under sub. (1) and may extend 1/4-mile onto adjoining lands of consenting landowners.
NR 12.15(11) (11) Licenses, stamps and permits.
NR 12.15(11)(a) (a) Except as provided under s. 29.337, Stats., and excluding the permittee, all participants shall possess the appropriate state and federal hunting or trapping license, and stamps for hunting or trapping for that animal.
NR 12.15(11)(b) (b) Bear damage shooting permits. Participants shall possess a current Class A hunting license when engaged in bear damage shooting permit activities, such as hunting or baiting.
NR 12.15(11)(c) (c) Elk damage shooting permits. Participation of others under elk damage shooting permits shall be restricted to those persons who have applied for an elk hunting license under application procedures described in s. NR 10.111 (2), and who have indicated on their elk hunting applications their willingness to assist farmers having elk damage problems. Unless as authorized by the department, participants shall possess a valid elk license and a valid shooting permit when engaged in elk damage shooting permit activities.
NR 12.15(11)(d) (d) Turkey damage shooting permits. Others participating under a turkey damage shooting permit shall possess a license authorizing small game or turkey hunting, during that license year, and a valid shooting permit when engaged in turkey damage shooting permit activities.
NR 12.15(11)(e) (e) Spring goose shooting permits. Others participating under a goose damage shooting permit shall possess a license authorizing small game when engaged in goose damage shooting permit activities. No state or federal migratory bird stamps are required.
NR 12.15(12) (12) Violations. No person may violate the terms of any permit issued under this chapter.
NR 12.15(13) (13) Use restrictions. Hunting bear with the aid of dogs under this chapter is prohibited, unless the department determines there are extraordinary conditions which warrant an exemption. When the department grants an exemption, permittees may restrict hunting access of bear hunters using dogs if trespass problems on adjoining private properties are likely to occur.
NR 12.15 History History: Cr. Register, May, 1990, No. 413, eff. 6-1-90; am. (intro.), (1), (3) and (4), cr. (12), Register, May, 1994, No. 461, eff. 6-1-94; renum. (11) to be (11) (a), cr. (11) (b) and (13), Register, January, 1999, No. 517, eff. 2-1-99; CR 03-018: cr. (11) (c) Register December 2003 No. 576, eff. 1-1-04; CR 05-017: am. (11) (b) Register October 2005 No. 598, eff. 11-1-05; CR 05-031: cr. (11) (d) Register October 2005 No. 598, eff. 11-1-05; EmR1613: emerg. am. (5) (a), eff. 3-12-16; CR 19-146: am. (2), (11) (b), cr. (11) (e) Register June 2020 No. 774, eff. 7-1-20.
NR 12.16 NR 12.16 Conditions of permits to shoot deer causing damage. In addition to s. NR 12.15, the following conditions shall apply to all shooting permits for deer causing damage.
NR 12.16(1) (1) Shooting hours. Permittees and participants shall comply with shooting hours described in s. NR 10.06 (5), unless exempted by the department. Exemptions shall be granted to allow hunting of deer one hour before sunrise to one hour after sunset during the closed season in situations where permit eligibility is based under s. NR 12.10 (2) (b) 2. and with permit conditions restricting permit shooting of deer to within the fenced area and restricting shooter presence to one person at any one time.
NR 12.16 Note Note: Copies of hunting tables showing these hours shall be provided to all permittees for their reference and for distribution to participants.
NR 12.16(2)(a)(a) Harvest objective. The permittee and participants, unless granted an exemption under par. (b) or issued a shooting permit under s. NR 12.37 (4) (a) 5., shall kill at least 80% of the number of deer authorized for harvest on the permit and shall kill at least 50% of the number of deer authorized for harvest during the first 45 days after permit issuance. If issued a shooting permit under s. NR 12.37 (4) (a) 5., the permittee shall kill at least 80% of the number of deer authorized for harvest on the permit by September 15 of the same year. The permittee is not eligible for a shooting permit the next year if the permittee fails to comply with these harvest objectives unless a shooting permit is prescribed damage abatement under s. 29.889, Stats.
NR 12.16(2)(b) (b) Harvest objective exemption.
NR 12.16(2)(b)1.1. The department may exempt the permittee from killing the deer necessary to meet harvest objectives if deer are unavailable for harvest within the authorized area.
NR 12.16(2)(b)2. 2. The department may grant an exemption to the harvest objective requirement in par. (a) if there is compelling evidence that deer were unavailable to be shot. The following criteria and procedures shall be used to determine if deer were unavailable to be shot.
NR 12.16(2)(b)2.a. a. Compelling evidence that deer were not available include accurate shooting permit participant hunting logs documenting significant hunter effort. These logs shall include participant names and phone numbers and dates participants hunted. If a significant number of hunters regularly attempted to remove deer, but were unsuccessful this information along with other supporting evidence may establish that deer were unavailable to be shot.
NR 12.16(2)(b)2.b. b. A minimum of 5 hunter days per week for the duration of the permit valid period may be used as an indication of significant hunter effort. A minimum of 5 hunter days per week requirement means any combination of hunters hunting deer a total of 5 days under the permittee's deer damage shooting permit during each week of the valid period of the permit. One day of hunting shall be a total of at least 3 hours hunted in a day or a hunter successfully harvesting at least one deer in a day.
NR 12.16(2)(b)2.c. c. If a permittee had difficulty getting participants, the permittee contacted the department, the county or its agent to seek assistance.
NR 12.16(2)(b)2.d. d. Documents to support the information in the hunting log of significant hunter effort to meet the harvest objective include: written statements by these hunters with descriptions of hunting conditions; aerial photos documenting lack of deer habitat; records that show the permittee was in regular contact with county or its agent and local department staff keeping them informed of the permittee's difficulty; that the permittee implemented reasonable measures prescribed by the county, its agent or the department to improve shooting permit performance; and any other evidence deemed appropriate by the county, its agent and local department staff.
NR 12.16(2)(b)2.e. e. The county, its agent and the department shall consult before making a recommendation to grant an exemption to the harvest objective requirement under this section. This group shall review the evidence and, if there is consensus that an exemption is warranted, shall recommend that the department grant an exemption allowing eligibility for a permit the subsequent year.
NR 12.16(3) (3) Carcass tag distribution. The number of carcass tags provided to the permittee shall be based upon the harvest objective specified under sub. (2) and the expected harvest success rate. The permittee may distribute the carcass tags provided to the permittee to the persons they have authorized to assist or retain them for their use.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.