Chapter NR 16

NR 16.27(5) (5) Exceptions to pen requirements. All interactive sessions with captive wild animals shall comply with the requirements of s. NR 16.35 (7).

NR 16.27 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03.

NR 16.30 NR 16.30 Pen specifications, humane handling, care, treatment and transportation of captive wild animals.

NR 16.30(1) (1) Applicability. This section applies to captive wild animals that are required to be held under the authority of a ch. 169, Stats., license, except that coyote, fox and rabbit may be held pursuant to a hound dog training or trial license issued under s. 169.20 or 169.21, Stats., and confined to a hound dog training enclosure as defined under s. NR 17.001 (5s).

NR 16.30 Note Note: Pen specifications, and requirements for humane handling, care and treatment of coyote, fox and rabbit held under the authority of a hound dog training or trialing license are found in ch. NR 17.

NR 16.30(2) (2) General facility requirements.

NR 16.30(2)(a) (a) Structure; construction. Facilities for captive wild animals shall be designed and constructed so that they are structurally sound. They shall be kept in good repair, protect the captive wild animals from injury, contain the animals securely and restrict other animals from entering. Portions of buildings devoted to human occupancy may not be used as the primary enclosure or primary housing facility for captive wild animals listed in sub. (4). Possession of captive wild animals listed in sub. (4) in portions of buildings devoted to human occupancy shall be limited to temporary health care, treatment or special handling needs except that wolf-dog hybrids kept as pets may share indoor housing which is intended for human occupancy.

NR 16.30(2)(b) (b) Housing site. Facilities and areas used for storing animal food or bedding shall be free of any accumulation of trash, waste material, refuse, weeds and other discarded materials.

NR 16.30(2)(c) (c) Surfaces.

NR 16.30(2)(c)1. 1. The surfaces of facilities including houses, dens and other fixtures and objects within the primary enclosure shall be constructed in a manner and made of materials that allow them to be readily cleaned and sanitized, or removed or replaced when worn or soiled. Interior surfaces and any surfaces that come in contact with captive wild animals shall be all of the following:

NR 16.30(2)(c)1.a. a. Free of excessive rust that prevents cleaning and sanitation, or that affects the structural strength of the surface.

NR 16.30(2)(c)1.b. b. Free of jagged edges or sharp points that might injure the animals.

NR 16.30(2)(c)2. 2. All surfaces shall be maintained and cleaned. Surfaces of facilities, including houses, dens and other fixtures and objects within the facility that may not be readily cleaned and sanitized, shall be replaced when worn or soiled.

NR 16.30(2)(c)3. 3. Raised floors shall be constructed in a manner that protects the captive wild animals’ feet and legs from injury, and that do not allow the animals’ feet to pass through any openings in the floor. If the floor of the enclosure is constructed of wire, a solid resting surface or surfaces that are large enough to hold all the occupants of the enclosure at the same time comfortably shall be provided.

NR 16.30(2)(d) (d) Drainage and waste disposal. Facility owners shall provide for regular and frequent collection, removal and disposal of animal and food wastes, bedding, debris, garbage, water, other fluids and wastes and dead animals, in a manner that minimizes contamination and disease risks. Standing puddles of water in captive wild animal enclosures shall be drained or mopped up after cleaning or periods of rainfall so that the animals stay dry. Trash containers in facilities and in food storage and food preparation areas shall be leakproof and shall have tightly fitted lids on them unless the caretaker is present.

NR 16.30(2)(e) (e) Storage. Supplies of food and bedding shall be stored in a manner that protects the supplies from spoilage, contamination and vermin infestation. The supplies shall be stored in a manner that allows cleaning underneath and around the supplies. Foods requiring refrigeration shall be stored accordingly, and all food shall be stored in a manner that prevents contamination and deterioration of its nutritive value. All open supplies of food shall be kept in leakproof containers with tightly fitting lids to prevent contamination and spoilage.

NR 16.30(2)(f) (f) Pest control. An effective program for the control of insects, external parasites and birds and mammals that are pests, shall be established and maintained to promote the health of the captive wild animals and reduce contamination.

NR 16.30(3) (3) General pen and shelter requirements.

NR 16.30(3)(a) (a) Pen specifications.

NR 16.30(3)(a)1. 1. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each captive wild animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress or abnormal behavior patterns.

NR 16.30(3)(a)2. 2. All captive wild animals housed in the same primary enclosure shall be compatible. Captive wild animals with a vicious or aggressive disposition shall be housed separately.

NR 16.30(3)(b) (b) Shelter from the elements. Outdoor facilities for captive wild animals shall include one or more shelter structures that are accessible to each animal in each outdoor facility, and that are large enough to allow each animal in the shelter structure to sit, stand and lie in a normal manner and to turn about freely. Metal barrels, cars, refrigerators, freezers and similar objects may not be used as shelter structures. In addition to the shelter structures, one or more separate outside areas of shade shall be provided, large enough to contain all the captive wild animals at one time and protect them from the sun. Shelters in outdoor facilities for captive wild animals shall contain a roof, 4 sides and a floor and shall:

NR 16.30(3)(b)1. 1. Provide the captive wild animals with adequate protection and shelter from the cold and heat.

NR 16.30(3)(b)2. 2. Provide the captive wild animals with protection from the sun, wind, rain or snow.

NR 16.30(3)(b)3. 3. Be provided with a wind break and rain break at the entrance.

NR 16.30(3)(b)4. 4. Contain clean, dry bedding material if the ambient temperature is below 50°F (10°C). Additional clean, dry bedding is required when the temperature is 35°F (1.7°C) or lower.

NR 16.30(3)(b)5. 5. The sheltered part of a facility shall be sufficiently ventilated when captive wild animals are present to provide for their health and well being, and to minimize odors, drafts, ammonia levels and moisture condensation. Ventilation shall be provided by windows, doors, vents, fans or air conditioning.

NR 16.30(3)(c) (c) Outdoor sheltering for captive wild birds. Shelters for captive wild birds in outdoor facilities may consist of natural vegetation which provides protection from the effects of sun, wind, rain or snow.

NR 16.30(4) (4) Minimum specific housing facility requirements for specified captive wild animals.

NR 16.30(4)(a) (a) Large captive wild animals. The confinement of harmful wild animals as defined in s. NR 16.11, bobcat, lynx, timber wolf, coyote, fox and fisher shall comply with the following:

NR 16.30(4)(a)1. 1. Primary enclosures shall be designed and constructed of suitable materials so that they are structurally sound for the species contained. They shall be kept in good repair.

NR 16.30(4)(a)2. 2. The minimum size and height of enclosures shall be:

NR 16.30(4)(a)2.a. a. Bear pens shall be a minimum of 400 square feet. No more than 2 bear may be held in a 400 square foot pen. A minimum of at least 200 additional square feet is required for each additional bear. The pen height shall be a minimum of 8 feet. A tank or pool with a minimum of 150 gallons of water shall be provided when bears are not in hibernation. The space for the tank or pool of water shall be in addition to the required minimum square feet.

NR 16.30(4)(a)2.b. b. Cougar pens shall be a minimum of 200 square feet. No more than one cougar may be held in a 200 square foot pen. A minimum of at least 100 additional square feet is required for each additional cougar. The pen height shall be a minimum of 8 feet. Resting surfaces which are large enough to hold all the occupants of the primary enclosure at the same time comfortably shall be provided. The resting surfaces shall be elevated, impervious to moisture, and be able to be easily cleaned and sanitized, or easily replaced when soiled or worn.

NR 16.30(4)(a)2.c. c. Bobcat and lynx pens shall be a minimum of 144 square feet. No more than 2 animals may be held in a 144 square foot pen. A minimum of at least 50 additional square feet is required for each additional animal. The pen height shall be a minimum of 8 feet. Resting surfaces which are large enough to hold all the occupants of the primary enclosure at the same time comfortably shall be provided. The resting surfaces shall be elevated, impervious to moisture, and be able to be easily cleaned and sanitized, or easily replaced when soiled or worn.

NR 16.30(4)(a)2.d. d. Timber wolf and wolf-dog hybrid pens with a covered top shall be a minimum of 300 square feet. No more than 2 wolves or wolf-dog hybrids may be held in a 300 square foot pen. A minimum of at least 100 additional square feet is required for each additional wolf or wolf dog hybrid. The pen height shall be a minimum of 6 feet. This section applies to owners of wolf-dog hybrids beginning on January 1, 2014.

NR 16.30(4)(a)2.e. e. Coyote pens shall be a minimum of 144 square feet. No more than 2 coyotes may be held in a 144 square foot pen. A minimum of at least 50 additional square feet is required for each additional coyote. The pen height shall be a minimum of 6 feet.

NR 16.30(4)(a)2.f. f. Fox and fisher pens shall be a minimum of 120 square feet. No more than 2 animals may be held in a 120 square foot pen. A minimum of at least 50 additional square feet is required for each additional animal. The pen height shall be a minimum of 6 feet.

NR 16.30(4)(a)2.g. g. Wild or feral swine primary enclosures shall include a portion of fence or wall which is buried at least 30 inches unless the floor is a solid, impervious material such as concrete.

NR 16.30(4)(b) (b) Raptors (eagles, hawks, falcons, and owls). The confinement of raptors shall comply with the following:

NR 16.30(4)(b)1. 1. Primary enclosures shall be designed and constructed of suitable materials so that they are structurally sound for the species contained. They shall be kept in good repair.

NR 16.30(4)(b)2. 2. The minimum size and height of enclosures shall meet the following:

NR 16.30(4)(b)2.a. a. Kestrel, burrowing owl, saw-whet owl and screech owl pens shall be a minimum of 36 square feet with a height of 7 feet for flighted birds and 9 square feet with a height of 3 feet for nonflighted birds.

NR 16.30(4)(b)2.b. b. Buteos, horned owl, barn owl, barred owl and goshawks pens shall be a minimum of 72 square feet with a height of 7 feet for flighted birds and 36 square feet with a height of 7 feet for nonflighted birds.

NR 16.30(4)(b)2.c. c. Eagles, vulture and osprey pens shall be a minimum of 400 square feet with a height of 9 feet for flighted birds and 120 square feet with a height of 9 feet for nonflighted birds.

NR 16.30(4)(b)3. 3. Each pen shall have a hutch or a shelter box, 2 or more perches of the appropriate size for the raptors’ feet and a water pan for drinking and bathing.

NR 16.30(4)(b)4. 4. When more than 2 birds are held in the same enclosure, the pen shall be increased by 50% of subd. 2. a. to c. for each additional bird.

NR 16.30(4)(c) (c) Other captive wild animals. The confinement of raccoons, badger, beaver and otter shall comply with the following:

NR 16.30(4)(c)1. 1. Primary enclosures shall be designed and constructed of suitable materials so that they are structurally sound for the species contained. They shall be kept in good repair.

NR 16.30(4)(c)2. 2. The minimum size and height of enclosures shall be:

NR 16.30(4)(c)2.a. a. Raccoon pens shall be a minimum of 80 square feet. No more than 2 raccoons may be held in an 80 square foot pen. A minimum of at least 16 additional square feet is required for each additional raccoon. The pen height shall be a minimum of 8 feet. Raccoons shall have continuous access to fresh water when outdoor temperature is above freezing and shall be provided with a climbing apparatus.

NR 16.30 Note Note: Continuous access to fresh water for raccoons does not require providing running water.

NR 16.30(4)(c)2.b. b. Badger pens shall be a minimum of 100 square feet. No more than 2 badgers may be held in a 100 square foot pen. A minimum of at least 50 additional square feet is required for each additional badger. The pen height shall be a minimum of 6 feet.

NR 16.30(4)(c)2.c. c. Beaver pens shall be a minimum of 100 square feet. No more than 2 beaver may be held in a 100 square foot pen. A minimum of at least 20 additional square feet is required for each additional beaver. The pen height shall be a minimum of 6 feet. A tank or pool with a minimum of 250 gallons of clean open water shall be provided for up to 2 beaver. Each additional individual or pair of beaver shall be provided a minimum of an additional 250 gallons of clean open water. The space for the tank or pool of water shall be in addition to the required minimum square feet.

NR 16.30(4)(c)2.d. d. Otter pens shall be a minimum of 100 square feet. No more than 2 otter may be held in a 100 square foot pen. A minimum of at least 20 additional square feet is required for each additional otter. The pen height shall be a minimum of 6 feet. A tank or pool with a minimum of 50 gallons of open water shall be provided. The space for the tank or pool of water shall be in addition to the required minimum square feet.

NR 16.30(5) (5) Exceptions to the pen requirements for specified facilities licensed prior to November 1, 2003. Existing facilities for bear, cougar, lynx, bobcat, timber wolf, coyote, fox and fisher with approved pens have 5 years from November 1, 2003 to bring pens into compliance with sub. (4) (a) if the following are provided:

NR 16.30(5)(a) (a) Exercise enclosure. An exercise enclosure is constructed that meets the minimum requirements of a primary enclosure established in sub. (4) (a).

NR 16.30(5)(b) (b) Access to exercise enclosure. The captive wild animals are provided access to the exercise area on a regular basis but not less than 4 hours every other day, except during periods of hibernation.

NR 16.30(6) (6) Exceptions to pen requirements for special handling. Captive wild animals may be confined or controlled on a temporary basis in a different manner for the purpose of health care or treatment, training, movement from one enclosure to another or special handling needs.

NR 16.30(7) (7) Environmental enrichment.

NR 16.30(7)(a) (a) All captive wild animals. The physical environment in the primary or exercise enclosure for captive wild animals shall be enriched by providing means of expressing species typical activities. Species differences should be considered when determining the type or methods of enrichment. Examples of environmental enrichment include providing perches, climbing apparatus, foraging or task oriented feeding methods.

NR 16.30(7)(b) (b) Bears, cougars, bobcat and lynx. License holders shall develop, document and follow an appropriate plan for environment enhancement adequate to promote the psychological well being of these captive wild animals. The plan shall be in accordance with the currently accepted professional standards as cited in appropriate professional journals or reference guides, and as directed by the attending veterinarian. This plan shall be made available to any authorized department agent upon request.

NR 16.30(8) (8) Animal health and husbandry standards.

NR 16.30(8)(a) (a) Feeding. Captive wild animals shall be fed at least once each day, unless otherwise restricted by a veterinarian or as otherwise required to provide adequate care. The food shall be uncontaminated, wholesome, palatable and of sufficient quantity and nutritive value to maintain the normal condition and weight of the animal. The diet shall be appropriate for the individual animal’s age and condition.

NR 16.30(8)(b) (b) Watering. If potable water is not continually available to the captive wild animals, it shall be offered to the animals as often as necessary to ensure their health and well being, but not less than twice daily for at least one hour each time, unless restricted by a veterinarian.

NR 16.30(8)(c) (c) Food and water receptacles. Receptacles shall be readily accessible to all captive wild animals and shall be located so as to minimize contamination by excreta and pests, and be protected from rain and snow. Receptacles shall be made of a durable material that may be easily cleaned and sanitized or be disposable.

NR 16.30(9) (9) Additional pen standards.

NR 16.30(9)(a) (a) Mothers with infants. Mothers with infants less than 6 months of age may be maintained together in primary enclosures that meet the floor area space required for an individual animal.

NR 16.30(9)(b) (b) Perimeter fence. An outdoor housing facility for harmful wild animals other than mute swans, wolf-dog hybrids, and wild or feral swine shall be enclosed by a perimeter fence that is at least 8 feet high. Fences less than 8 feet high may be approved by the department. An outdoor housing facility for wild or feral swine shall be enclosed by a perimeter fence that is at least 4 feet high not including any portion of the fence that is buried. The fence shall be constructed so that it protects the enclosed species by restricting unauthorized humans from having contact with the enclosed species. It shall be of sufficient distance from the outside wall or fence of the primary enclosure to prevent physical contact with captive wild animals inside the enclosure. Fences less than 3 feet in distance from the primary enclosure may be used if approved by the department. A perimeter fence is not required if any of the following apply:

NR 16.30(9)(b)1. 1. The outside walls of the primary enclosure are made of a sturdy, durable, solid material such as concrete, wood, metal, plastic or glass and are high enough and constructed in a manner that restricts contact with or entry by humans.

NR 16.30(9)(b)2. 2. The housing facility is surrounded by a natural barrier that restricts the enclosed species to the housing facility and protects them from contact with unauthorized humans that are outside the housing facility, and have been approved by the department.

NR 16.30(9)(c) (c) Open top pens. Pens for bear, cougar, bobcat, lynx, timber wolf and coyote shall meet the following requirements:

NR 16.30(9)(c)1. 1. Bear, wolf, wolf-dog hybrid, and coyote pens with open tops shall be a minimum of 1000 square feet. The walls shall be a minimum of 8 feet in height with an additional 3 feet at the top slanted inward at a 30 to 45 degree angle.

NR 16.30(9)(c)2. 2. Cougar, bobcat, and lynx pens with open tops shall be a minimum of 1000 square feet. The walls shall be a minimum of 10 feet in height with an additional 4 feet at the top slanted in at a 305° to 455° angle.

NR 16.30 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03; CR 05-031: am. (4) (a) 2. f. and (b) 2. a. and c. Register November 2005, No. 599, eff. 12-1-05; CR 05-104: am. (1) Register June 2007 No. 618, eff. 7-1-07; CR 09-052: am. (2) (a), (4) (a) 2. d., (9) (b) (intro.) and (c) 2., cr. (4) (a) 2. g., (9) (b) 3. and 4. Register June 2010 No. 654, eff. 7-1-10; CR 16-035: am. (9) (b) (intro.), r. (9) (b) 3., 4., am. (9) (c) 1., 2. Register July 2017 No. 739, eff. 8-1-17.

NR 16.35 NR 16.35 Exhibition of captive wild animals.

NR 16.35(1) (1) Applicability. This section applies to exhibition of live captive wild animals under the authority of a captive wild animal farm license provided in s. 169.15, Stats.; nonprofit educational exhibiting license provided in s. 169.25, Stats.; and nonresident temporary exhibiting license provided in s. 169.27, Stats.

NR 16.35(2) (2) Pen requirement.

NR 16.35(2)(a) (a) Pen size. All captive wild animals shall be confined at all times to pens meeting the specifications and requirements of s. NR 16.30 except as otherwise provided by this chapter.

NR 16.35(2)(b) (b) Proper care. All captive wild animals held in captivity shall be 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 16.35(3) (3) Cleaning, sanitization, housekeeping and pest control.

NR 16.35(3)(a) (a) Waste. Excreta and food waste shall be removed from primary enclosures and from under primary enclosures as often as necessary to prevent an excessive accumulation.

NR 16.35(3)(b) (b) Cleaning. Primary enclosures and food and water receptacles shall be cleaned and sanitized at least once every 2 weeks and more often if necessary to prevent an accumulation of dirt, debris, food waste, excreta and other disease hazards. Pens, runs and outdoor housing areas using materials that may not be sanitized, such as gravel, sand, grass, earth or absorbent bedding, shall be sanitized by removing the contaminated material as necessary to prevent odors, diseases, pests, insects and vermin infestation.

NR 16.35(4) (4) Traveling wildlife exhibits. Except as allowed under sub. (7), all captive wild animals being exhibited shall be confined at all times to pens meeting the specifications of s. NR 16.38.

NR 16.35(5) (5) Display of license. Any person who is authorized to exhibit captive wild animals shall publicly display a copy of the license at the place of the exhibit.

NR 16.35(6) (6) Labels. Each pen shall be labeled for the information of the public with the proper common name, in English, of the captive wild animals confined in the pen.

NR 16.35(7) (7) Exceptions to pen requirements. Captive wild animals, except large captive wild animals subject to s. NR 16.30 (4) (a) that are greater then 3 months of age and venomous snakes, may be used in interactive sessions outside of the enclosure provided:

NR 16.35(7)(a) (a) Compliance with federal regulations. The licensee, unless exempt under 9 CFR 2.1, is licensed by United States department of agriculture under 9 CFR 2.1 to exhibit animals.

NR 16.35(7)(b) (b) Handling of animals during interactive sessions. The licensee follows all of the requirements identified in 9 CFR 2.131.