NR 16.01
NR 16.01
Definitions. In this chapter:
NR 16.01(1)
(1) “Adult" means any animal that has reached the age of one year.
NR 16.01(2)
(2) “Amphibian" means cold-blooded, smooth-skinned vertebrates of the class Amphibia and includes all life stages.
NR 16.01(3)
(3) “Department" means the department of natural resources.
NR 16.01(4)
(4) “Department lands" means lands under the management and control of the department.
NR 16.01(5)
(5) “Enrichment" means activity that creates a beneficial environment for the well being of the captive wild animal.
NR 16.01(6)
(6) “Exercise enclosure" means any structure, pen or cage used to restrict a captive wild animal to a limited amount of space for the purpose of exercise and enrichment.
NR 16.01(8)
(8) “Heavily galvanized" means a zinc coating weight of 230 g/m
2 or 0.8 oz/ft
2.
NR 16.01(9)
(9) “Herptile" means amphibians and reptiles collectively.
NR 16.01(10)
(10) “High tensile" means a tensile strength of 1235 to 1450 mega pascals or 179000 to 210000 lb/in
2.
NR 16.01(11)
(11) “Hunt" or “hunting" includes shooting, shooting at, pursuing, taking, capturing or killing or attempting to capture or kill any wild animal.
NR 16.01(12)
(12) “Licensed facility" means any land, premises, shed, barn, building, trailer or other structure used to house captive wild animals held under the authority of a license issued under ch.
169, Stats.
NR 16.01(13)
(13) “Medium tensile" means a tensile strength of 700 to 850 mega pascals or 101000 to 123000 lb/in
2.
NR 16.01(14)
(14) “Mobile or traveling housing facility" means a transporting vehicle such as a truck, trailer or railway car, used to house captive wild animals while traveling for exhibition or public education purposes.
NR 16.01(15)
(15) “Native" means indigenous and occurring or having occurred naturally within the boundaries of this state regardless of whether a particular specimen originates outside of this state.
NR 16.01(16)
(16) “Outdoor housing facility" means any structure, pens, building, land or premise housing captive wild animals in which temperatures may not be controlled within set limits.
NR 16.01(17)
(17) “Pen" means any cage, fenced-in plot or other enclosure in which captive wild animals are held.
NR 16.01(19)
(19) “Primary enclosure" means any structure used as the principal housing facility to confine a captive wild animal to a limited amount of space such as a room, pen, run, cage, compartment, pool or hutch, including shelter structures.
NR 16.01(21)
(21) “Reptile" means cold-blooded, scaled vertebrates of the class Reptilia and includes all life stages.
NR 16.01(22)
(22) “Resident deer" means a white-tailed deer 2 years of age or older that has resided in the licensed acreage area for not less than 2 years.
NR 16.01(23)
(23) “Sheltered housing facility" means a housing facility, which provides the captive wild animals with shelter; protection from the elements; and protection from temperature extremes at all times. A sheltered housing facility may consist of runs or pens totally enclosed in a barn or building, or of connecting inside/outside runs or pens with the inside pens in a totally enclosed building.
NR 16.01(24)
(24) “Solid fence" means a fence that meets all of the standards of s.
NR 16.45 (1) (a) to
(i) that is covered with a fabric or other solid material that prevents deer on opposite sides of the fence from making visual or physical contact.
NR 16.01(25)
(25) “Sporting club" means a non-profit organization whose primary purpose is wildlife related outdoor recreation.
NR 16.01(26)
(26) “Transportation enclosure" means any structure or device used to restrict a captive wild animal to a limited amount of space for transporting the captive wild animal from one location to another.
NR 16.01(28)
(28) “Waterfowl" means any migratory bird of family Anatidae (wild ducks, geese, brant and swans).
NR 16.11
NR 16.11
Harmful wild animals. The following wild animals are designated as harmful wild animals:
NR 16.11(1)
(1)
Ursidae. Members of the family ursidae commonly known as bears.
NR 16.11(2)
(2)
Felidae. The species felis concolor commonly known as cougars.
NR 16.11(3)
(3)
Suidae.
Members of the family suidae including pure wild strains of swine commonly known by the name European, Eurasian, Russian or hybrids with domestic strains. Feral domestic strains include animals which are confined but which exhibit characteristics of being in an untamed state, and hybrids of wild or feral with domestic swine. Included in this definition are any swine which is captured in the wild or from an unconfined environment after it has existed in the wild or unconfined environment outside of an enclosure for more than 7 days, regardless of its physical characteristics, except that in emergency situations the department may designate a period of less than 7 days.
NR 16.11(4)
(4)
Anatidae. The species anserinae Cygnus, commonly known as mute swans.
NR 16.11(5)
(5)
Canidae. Hybrids of the species
Canis lupus, C. lycaon, or
C. rufus commonly known as wolves and the species
Canis familiaris, domestic dogs, and subsequent generations from such matings. These animals are commonly called wolf-dog hybrids or wolf dogs.
NR 16.11(5)(a)
(a) Canids may be presumed to be wolf-dog hybrids if they have some wolf-like physical characteristics and the owner presents such animals verbally or in writing to be a wolf-dog hybrid. Canids with very distinct wolf-like characteristics may be determined by the Department to be wolves or wolf-dog hybrids.
NR 16.11(5)(b)
(b) An owner may challenge such a determination by providing the department with genetic testing results. The department will be responsible for the costs of testing if the animal is determined to have only the DNA of domestic dogs.
NR 16.11 History
History: CR 03-030: cr.
Register October 2003 No. 574, eff. 11-1-03;
CR 09-052: am. (1), cr. (3) to (5)
Register June 2010 No. 654, eff. 7-1-10.
NR 16.12
NR 16.12
Reptiles and amphibians. NR 16.12(1)(1)
Applicability. This section applies to the collection, possession and exhibition of live or dead native wild reptiles and live or dead native wild amphibians in Wisconsin.
NR 16.12(2)
(2)
Possession restricted. No person may take from the wild or possess any live or dead native amphibians or reptiles or their eggs, except as provided under sub.
(3) and s.
NR 19.26, or turtles taken under the authority of ss.
NR 19.275,
21.13 and
22.13.
NR 16.12(3)
(3)
Possession exemptions for native amphibians and reptiles. NR 16.12(3)(a)(a)
Endangered and threatened species. Endangered and threatened amphibians and reptiles may only be possessed as provided under s.
29.604 (6), Stats.
NR 16.12(3)(b)1.
1. A person may take or possess up to 5 individuals or eggs of each species of native amphibian, lizard and snake that are not endangered or threatened, except as provided under subds.
2. to
11. NR 16.12(3)(b)2.
2. No person may take or possess gophersnakes of the species
Pituophis catenifer, North American racers of the species
Coluber constrictor or gray ratsnakes of the species
Pantherophis spiloides taken from within the borders of the state. Persons may possess up to 2 of each of these species if legally obtained from out-of-state.
NR 16.12(3)(b)3.
3. A person may only take or possess up to 2 individuals of the following snake species: Eastern foxsnakes of the species
Pantherophis vulpinus and milksnakes of the species
Lampropeltis triangulum.
NR 16.12(3)(b)4.
4. A person may possess more than the legal possession limit of lizards or snakes that result from live birth or eggs delivered while in captivity. All offspring that bring the possessed total for that species to more than the legal possession limit established in subds.
1.,
2. and
3., shall be given away within 3 months of their birth or hatching. These offspring may not be sold, bartered or traded. The release of offspring to the wild is not allowed unless a written request to release is submitted to the department and a license or other authorization is issued by the department as provided under ss.
169.06 and
169.23, Stats.
NR 16.12(3)(b)5.
5. A person may take or possess up to one native amphibian egg mass or the larvae from that egg mass. These may not be sold and shall be returned to the same body of water that they were taken from immediately after transforming to the adult form, except that up to 5 transformed amphibians may be possessed.
NR 16.12(3)(b)6.
6. A person may take and possess more than 5 native northern leopard frogs of the species
Lithobates pipiens, 5 mudpuppies of the species
Necturus maculosus, and 5 eastern tiger salamanders of the species
Ambystoma tigrinum, or native amphibians and reptiles subject to s.
NR 16.13 (2) (a) if authorized by the department by a class A captive wild animal farm license issued under s.
169.15, Stats.
NR 16.12(3)(b)8.
8. Publicly owned museums and American Zoo and Aquarium Association accredited institutions are exempt from possession and size limits.
NR 16.12(3)(b)9.
9. Accredited colleges, universities and other educational or research institutions are exempt from the possession and size limits of this section for the purpose of research and education.
NR 16.12(3)(b)10.
10. A person may take and possess more than 5 individual specimens of any native amphibian not listed as threatened or endangered, which are purchased or collected as part of a shipment of live bait by a licensed bait dealer or registered fish farmer.
NR 16.12(3)(b)11.
11. A person may possess an unlimited number and size of atypically colored or patterned native amphibians and reptiles, e.g. albinos, striped snakes that are typically blotched.
NR 16.12(3)(b)12.
12. No person may take or possess Blanding's turtles of the species
Emydoidea blandingii within the borders of the state. Persons may possess up to 2 of this species if legally obtained from out-of-state.
NR 16.12(4)
(4)
Exhibiting. The exhibiting of live native reptiles and amphibians possessed under the authority of sub.
(3) (b) and s.
NR 19.275 (2), does not require a license under s.
169.07, Stats., when those captive wild animals are exhibited exclusively for noncommercial, educational purposes.
NR 16.12 History
History: CR 03-030: cr.
Register October 2003 No. 574, eff. 11-1-03;
CR 05-031: am. (3) (b) 8. 9. and 11.
Register November 2005 No. 599, eff. 12-1-05;
CR 14-025: am. (3) (b) 2., 3., 6., cr. (3) (b) 12.
Register May 2015 No. 713, eff. 6-1-15.
NR 16.13
NR 16.13
Sale and purchase of reptiles and amphibians. NR 16.13(1)(1)
Applicability. This section applies to the sale and purchase of native wild reptiles and native wild amphibians in Wisconsin.
NR 16.13(2)
(2)
Sale. The sale of native amphibians and reptiles is prohibited except as provided in s.
169.12, Stats.
, or any of the following:
NR 16.13(2)(a)
(a)
Out-of-state collection. Native amphibians and reptiles legally collected out-of-state or purchased from out-of-state may be sold out-of-state or to an educational or research institutions in-state if the seller possesses a class A captive wild animal farm license issued under s.
169.15, Stats., to possess and sell those species
.
NR 16.13(2)(b)
(b)
Turtles. Dead turtles and their parts harvested, killed and possessed in accordance with ss.
NR 19.275,
21.13 and
22.13 may be sold during the open season.
NR 16.13 Note
Note: A class A captive wild animal farm license is not required to sell legally harvested dead turtles or their parts during the open season.
NR 16.13(3)
(3)
Purchase. The purchase of native amphibians and reptiles is prohibited except as provided in pars.
(a) to
(c), and under s.
169.12, Stats.
NR 16.13(3)(a)
(a) Northern leopard frogs, mudpuppies and eastern tiger salamanders
. Native leopard frogs of the species
Lithobates pipiens, mudpuppies of the species
Necturus maculosus or eastern tiger salamanders of the species
Ambystoma tigrinum collected within Wisconsin may be purchased from a seller that has been specifically authorized by a class A captive wild animal farm license issued under s.
169.15, Stats., or a bait dealers license issued under s.
29.509, Stats., to possess and sell these species.
NR 16.13 Note
Note: Native reptiles and amphibians obtained by purchase count toward possession limits established in s.
NR 16.12.
NR 16.13(3)(b)
(b)
Out-of-state collection. Educational or research institutions may purchase native amphibians and reptiles legally collected out-of-state from an out-of-state seller or by the holder of a class A captive wild animal farm license issued under s.
169.15, Stats., who is authorized to possess or sell those species in-state.
NR 16.13(3)(c)
(c)
Turtles. Dead turtles and their parts harvested, killed and possessed in accordance with ss.
NR 19.275,
21.13 and
22.13 may be purchased during the open season.
NR 16.15
NR 16.15
Captive wild animal farm. NR 16.15(1)(1)
Application. This section is developed pursuant to s.
169.15, Stats., to establish qualifications and conditions for a captive wild animal farm and applies to all captive wild animal farms including commercial operations and hobbyists.
NR 16.15(2)(a)(a)
Confinement. No person subject to ch.
169, Stats., may possess captive wild animals unless the animals held in captivity are confined at all times to appropriate pens except wolf-dog hybrids which are under the immediate control of a person with a leash. Wolf-dog hybrids are not allowed in a dog park or similar area which is open to the public. Pens shall meet the specifications of ss.
NR 16.30 to
16.38 except as otherwise authorized by this chapter.
NR 16.15(2)(b)
(b)
Proper care. No person subject to ch.
169, Stats., may possess captive wild animals unless the animals held in captivity are provided proper care meeting the environmental enrichment requirements of s.
NR 16.30 (7), and the animal health and husbandry requirements of s.
NR 16.30 (8).
NR 16.15(2)(c)
(c)
Variation approval. Variations in pen construction other than specified in ss.
NR 16.30 to
16.38 shall be submitted to the department and may be approved by the department if found to comply with the intent and purpose of this section.
NR 16.15(2)(d)
(d)
Waterfowl. All waterfowl bred, propagated or held on a captive wild animal farm shall be enclosed within a covered pen throughout the open season for hunting waterfowl in the state when written or oral notice is given to the licensee by the department or its agents.
NR 16.15(2)(e)
(e)
Mute swans. All mute swans held on a captive wild animal farm shall be confined within a covered pen except as follows:
NR 16.15(2)(e)1.
1. Mute swans that are pinioned by 4 weeks of age shall be confined but do not require a covered pen.
NR 16.15(2)(e)2.
2. Mute swans that are both sexually neutered and pinioned by 4 weeks of age need not be confined in a pen but shall be confined to the owner's property and not allowed to roam freely on waters of the state unless those waters are entirely bordered by lands owned or leased by the owner of the mute swans.
NR 16.15(2)(f)
(f)
Compliance with local regulations. No initial captive wild animal farm application may be approved for the possession of harmful wild animals unless the application is accompanied by written assurance that the application is in compliance with local ordinances and zoning regulations.
NR 16.15(3)(a)
(a) Only individuals who possessed wild or feral swine on July 1, 2010 may be licensed under s.
169.15, Stats., to possess wild or feral swine. Licenses shall be applied for within 90 days of July 1, 2010. Animals must be held in strict confinement and possessed for the purpose of producing food for humans. Except as provided in ss.
169.02 (1) and
169.15 (2) (b), Stats., and for custom slaughter or mobile custom slaughter as defined by the Department of Agriculture, Trade and Consumer Protection, animals may not be killed on premises. Animals may only be transported live directly to facilities licensed for wild or feral under ch.
169, Stats., or to a slaughter establishment as defined by the Department of Agriculture, Trade and Consumer Protection.
NR 16.15(3)(c)
(c) An individual who possesses wild or feral swine under this rule must keep herd inventory records which include the age, sex and official individual identification of the animals. These records must be available to the department upon request.
NR 16.15 Note
Note: Animal markets, slaughter and meat establishments that meet the requirements of s.
NR 16.15 (3) are defined and regulated by the Department of Agriculture, Trade, and Consumer Protection in s.
ATCP 10.01 (90) and ch.
ATCP 55.
NR 16.15 Note
Note: A person who is licensed under s.
169.15, Stats., to possess wild or feral swine may also need a permit under ch.
NR 40, Wis. Adm. Code. Section
NR 40.04 (2) (f) 2. and
3., identifies live
Sus domestica (feral domestic swine),
Sus scrofa (Russian boar), and other wild swine, including their hybrids, as “prohibited invasive species". With certain exceptions, under s.
NR 40.04 (3), no person may possess, transport, transfer or introduce prohibited invasive species unless the person has a permit issued under s.
NR 40.06.
