In addition to the obligation to pay all fees imposed under s. 29.563
, Stats., a person who orders an approval by mail, telephone or electronic means is required to pay a handling fee established in accordance with this section for each order.
The handling fee for each order shall be established by the department based upon projected mailing costs, credit transaction fees, credit verification fees, personnel costs, telecommunications costs and lock box charges associated with processing the order and may not exceed $5.00 per order.
The handling fee under this section shall be established consistent with par. (b)
annually prior to April 1 by the secretary of the department.
An order submitted by mail, telephone, or electronic means without payment of all associated fees required under s. 29.563
, Stats., and the handling fee in a manner acceptable by the department is not a complete application for the approval and the order will be returned.
If an application for an approval is denied, the handling fee is not refundable.
NR 19.02 History
Cr. Register, July, 1996, No. 487
, eff. 8-1-96; CR 04-020
: am (2) and (3) (c) Register August 2004 No. 584
, eff. 9-1-04; CR 05-086
: am. (4) (b) Register June 2006 No. 606
, eff. 7-1-06.
NR 19.025 Waivers for an educational recreational activity. NR 19.025(1)(1)
This section contains rules for the procedures required to apply to the department for a waiver of approvals, applicable fees and other requirements pursuant to s. 29.197 (2)
, Stats., for an educational, recreational and skills development activity that is sponsored or approved by the department. It further explains the reasonable conditions, limitations and restrictions that will be necessary to allow for approval of the waiver.
“Accompany" means be in immediate presence of the novice participant.
“Educational outdoor skills activity" means a course to teach novice participants how to hunt, trap or fish.
“Mentor" means a person who is instructing or assisting with teaching of the educational outdoor skills activity.
“Novice participant" for fishing means any person who is 5 years of age or older who has less than 2 years of fishing experience.
“Substantial loss of revenue" means a loss of fishing, trapping and hunting license fees from persons who are not novice participants.
(3) General; conditions, limitations and restrictions. NR 19.025(3)(a)(a)
An applicant shall submit a request for a waiver at least 30 days prior to a hunting or trapping event and 15 days before a fishing event. The department may waive the 15 day period for fishing events when the department determines it is not required to conduct criminal history, character or background checks. All applications shall be submitted on forms provided by the department.
A written course outline shall be submitted along with the request for waiver for approval by the department.
There shall be a minimum of 4 hours of classroom and field instruction prior to the hunting or fishing activity.
If there are more novice participant applicants for a specific educational outdoor skills activity event or location than the department or applicant sponsoring the event is able to accommodate, the department may select which of the novice participant applicants will be allowed to participate. When making this selection, the department shall give preference to those novice participant applicants who have had the least previous exposure, as determined by the department, to that recreational activity or the least opportunity to accompany others and learn about that recreational activity.
Where applicable, written authorization from host landowner shall be obtained and submitted with the application. It shall include the legal description of the lands on which the activity will be conducted. If department lands are to be used, the written approval of the property manager shall be obtained.
Unless otherwise approved, the novice participants and mentors participating in the activity shall comply with all natural resource rules and regulations.
Waivers may not be issued that allow for the shooting of wild animals or the catching of fish by a mentor or instructor.
Novice participants may not be charged a fee which exceeds the costs of materials used in the course, equipment rental, meals and overnight accommodations.
Upon receipt of information indicating prior illegal activity relevant to a mentor's ability to properly assist or instruct novice participants, the department may make appropriate inquiry into criminal history, character and background of mentoring applicants and determine their suitability for the proposed activity.
One of the mentors shall carry the department approved waiver with list of participants during the educational recreational activity.
Waivers under this section shall only apply to novice participants.
The waiver of the approval and applicable fees will not result in a substantial loss of revenue to the department.
NR 19.025 Note
Note: Applications may be obtained from any department office.
(4) Special hunting conditions, limitations and restrictions. NR 19.025(4)(a)(a)
During the field portion of the hunting activity a mentor shall accompany a novice participant.
During hunting skills field activities the area shall be posted with a sign advising of the activity.
At least one mentor shall be a certified hunter education instructor.
Mentors shall have at least 5 years of hunting experience.
(5) Special fishing conditions, limitations and restrictions. NR 19.025(5)(a)(a)
Except as provided in par. (b)
, the applicant, instructors and mentors shall possess a valid fishing approval.
Non-licensed mentors may be involved with assisting but will need approvals if they take part in the actual fishing activity unless they are enrolled as a novice participant.
(6) State parks.
Waivers may be issued that allow the following activities in state parks:
This section does not apply to special hunting events established under s. NR 10.01
NR 19.025 History
Cr. Register, July, 1997, No. 499
, eff. 8-1-97; CR 06-012
: am. (2) (d) Register December 2006 No. 612
, eff. 2-1-07; CR 09-018
: am. (3) (a) and (5) (a) Register February 2010 No. 650
, eff. 3-1-10; CR 09-024
: am. (2) (b), (d) and (e) Register May 2010 No. 653
, eff. 6-1-10; CR 10-020
: am. (2) (d), cr. (3) (dm) Register October 2010 No. 658
, eff. 2-1-11; CR 13-108
: am. (6) (c) Register August 2014 No. 704
, eff. 9-1-14; CR 17-013
: am. (2) (d), r. (3) (d), Register February 2018 No. 746
Control of muskrats on cranberry marshes. NR 19.03(1)(1)
The owner or lessee of any improved cranberry marsh area shall comply with s. 29.885
The provisions of this section shall not apply to any person or persons who own or are interested in a cranberry marsh situated in the same area wherein said owners are the licensees of a muskrat farm or in which such person or persons have an interest.
The department or its authorized agents may assist any owner or operator of improved cranberry marsh areas with the removal of muskrats from areas that have been damaged, or are being damaged by such muskrats, wherein they believe that the muskrats can be taken alive and removed to other localities deemed advisable by the department.
Any such cranberry marsh areas where muskrats are being controlled as provided in this section shall be open to the inspection of the department or its authorized agents at any time.
NR 19.03 History
; r. (2), Register, August, 1966, No. 128
, eff. 9-1-66; renum. from WCD 19.03 to be NR 19.03, and am. (1), (4) and (5), Register, April, 1971, No. 184
, eff. 5-1-71; r. and recr. (1), Register, August, 1979, No. 284
, eff. 9-1-79.
Release, importation and transportation of fish. NR 19.05(1)(1)
No person, persons, firm or corporation may bring into the state to introduce or release or cause to be introduced or released in any manner into the inland or outlying waters any fish or the eggs or spawn thereof, without first applying for in writing and receiving a written permit from the department or its duly authorized agents. The permit shall be granted only after the department or its agents investigates and inspects the fish or the eggs or spawn thereof as it deems necessary to determine that the introduction or release will not be detrimental in any manner to the conservation of the natural resources of the state. Inspection may include removal of reasonable samples of fish and eggs for biological examination. The responsibility of licensees holding private fish hatchery licenses is stated in ss. 29.735
Permits to import fish or eggs of the family Salmonidae (trout, char, salmon) shall be issued at no charge to a person who has applied on a special form furnished by the department. Such permit will be issued only if the immediate source of fish or eggs is certified free of infectious hematopoietic necrosis, viral hemorrhagic septicaemia, whirling disease, enteric redmouth and Ceratomyxa shasta, except that eggs from wild stocks do not have to be certified free of whirling disease. Certification shall be made in the state of origin and may be accomplished only by biologists recognized by the department as competent in diagnosis of fish diseases. For informational purposes the source of fish or eggs will also be inspected for infectious pancreatic necrosis, kidney disease and bacterial furunculosis. Inspecting biologists will submit a written inspection report to the department. A copy of the importation permit must accompany each shipment of fish or eggs.
No person may transport live fish or live fish eggs away from any inland or outlying water or its bank or shore, except:
Live fish or live fish eggs being transported out of state in compliance with the United States Department of Agriculture Animal and Plant Health Inspection Service's regulations and orders.
Live fish or live fish eggs that have been tested for Viral Hemorrhagic Septicemia using methods approved by the department of agriculture, trade and consumer protection and that were found to be free of the Viral Hemorrhagic Septicemia virus.
Live fish or live fish eggs being transported with the prior written approval of the department, where the department has determined that the proposed activity will not allow Viral Hemorrhagic Septicemia virus to be transported to other waters.
Live minnows being transported away from the water where they were taken by a bait dealer who harvested the minnows in compliance with a wild bait harvest permit issued under s. NR 19.057
Live minnows that were obtained from a Wisconsin bait dealer and subsequently possessed by the person while on an inland or outlying water, its bank or shore, if the minnows have not been exposed to water or fish from that inland or outlying water.
Live minnows that were obtained from a Wisconsin bait dealer and subsequently possessed by the person while on an inland or outlying water, its bank or shore, if the minnows will be used for bait only on the same inland or outlying water, its bank or shore.
Except as authorized under permits pursuant to ch. NR 40
and 50 CFR 16.22
, no person may transport Asian carp over land within or through Wisconsin unless the Asian carp have been eviscerated or the gills plate completely severed so that the fish cannot be revived under any circumstances.
NR 19.05 History
; am. (2), Register, October, 1969, No. 166
, eff. 1-1-70; renum. from WCD 19.05 to be NR 19.05, and am. (1), (2) and (3), Register, April, 1971, No. 184
, eff. 5-1-71; r. and recr. Register, August, 1977, No. 260
, eff. 9-1-77; CR 03-030
: am. (1) Register October 2003 No. 574
, eff. 11-1-03; emerg. am. (title), cr. (3), eff. 11-2-07; EmR0808
: emerg. cr. (3) (e) and (f), eff. 4-4-08; CR 07-074
: am. (title), cr. (3) Register May 2008 No. 629
, eff. 6-1-08; CR 15-023
: cr. (4) Register December 2015 No. 720
, eff. 1-1-16.
NR 19.055 Drainage of water from boats and equipment required. NR 19.055(1)(1)
Except as provided in subs. (3)
, any person who removes a boat, boat trailer, boating equipment or fishing equipment from any inland or outlying water or its bank or shore shall drain all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container immediately after removing the boat, boat trailer, boating equipment or fishing equipment from the water, bank or shore.
Except as provided in subs. (3)
, no person may transport over land from another state any boat, boat trailer, boating equipment or fishing equipment for use on any water of the state or its bank or shore unless the person drains all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container before entering the state.
The department may exempt any boat, boat trailer, boating equipment or fishing equipment in writing from sub. (1)
if it determines that it will not allow Viral Hemorrhagic Septicemia virus to be transported to other waters.
do not apply to tanks or containers of potable drinking water or other beverages meant for human consumption.
does not apply to water in a container that holds live bait minnows obtained from a Wisconsin bait dealer, if the container holds no other fish, contains 2 gallons or less of water, and is used to transport only live minnows that have not been exposed to water or fish from that inland or outlying water or will be used for bait only on the same inland or outlying water, its bank or shore.
NR 19.055 History
Emerg. cr. eff. 11-2-07; EmR0808
: emerg. cr. (5), eff. 4-4-08; CR 07-074
: cr. Register May 2008 No. 629
, eff. 6-1-08.
NR 19.057 Bait dealer's wild harvest permit required; criteria; records required. NR 19.057(1)(1)
No bait dealer may take minnows for use as bait from any inland or outlying water unless the bait dealer possesses a wild harvest permit issued by the department under this section and the bait dealer complies with all terms and conditions of the wild harvest permit. A bait dealer shall apply for a permit on forms available from the department. Applications may be submitted no earlier than 30 days prior to the proposed starting date of harvesting. The department shall act on a complete permit application within 10 business days after receipt, based on the criteria in sub. (2)
. Except as provided in sub. (5)
, permits shall be valid for the dates specified on the permit, not to exceed 30 days, and shall require compliance with all minnow collecting requirements. A complete application shall include the applicant's name, street address, bait dealer's license number if any, the specific water body where bait will be harvested, the town, range and section where bait will be harvested, the species of bait that will be harvested, the maximum quantity of bait expected to be harvested, and any other information required on the application form.
NR 19.057 Note
See s. NR 20.14
for general minnow collecting restrictions, s. NR 20.20
for county and statewide restrictions on waters, authorized methods, open seasons, size limits, bag limits and other restrictions, and s. NR 20.39
for permits authorizing the use of non-standard minnow gear on inland waters.
The department shall grant an application for a wild harvest permit under this section if it determines that all of the following criteria are met, but the department may set specific conditions in permits or deny applications when necessary to ensure compliance with this section and prevent or control the spread of the Viral Hemorrhagic Septicemia virus or other invasive species. By written notice mailed to the permittee's last known address, the department may revoke a permit to ensure compliance with this section or to prevent or control the spread of the Viral Hemorrhagic Septicemia virus or other invasive species.
The applicant is a bait dealer who holds a bait dealer's license or is exempt under s. 29.509 (3)
, Stats., from the requirement to hold a bait dealer's license.
Minnows may not be taken from Lake Michigan, Green Bay, Lake Superior, the Mississippi River, Lake Winnebago, the Fox River from Lake Winnebago to Green Bay, or any bay, slough or backwater of these waters, or any water connected to these waters, upstream to the first dam or other obstruction impassible to fish, or from any other waters where the department has reason to believe that the Viral Hemorrhagic Septicemia virus may be present, or where other invasive species may be present.
Minnow gear and harvest and transport equipment shall be disinfected after use to prevent the spread of the Viral Hemorrhagic Septicemia virus and other invasive species.
Minnows taken from inland or outlying waters may not be given, sold or bartered to another person unless applicable fish health requirements specified by the department of agriculture, trade and consumer protection in ch. ATCP 10
have been met.
Each permit holder shall maintain a clear, legible daily record in the English language on forms available from the department of all minnows harvested from any inland or outlying water. The record shall include the water body of origin, the town, range and section where harvested, the species harvested, the date of harvest, the quantity or volume harvested, the disposition, except that retail sales to consumers need not be recorded, and any other information required on the record form.
No bait dealer may possess farm-raised fish while engaged in the harvest of wild bait, or while transporting wild harvested bait from the water where it was harvested to the bait dealer's business location or from the water where it was harvested to the point of sale.
Notwithstanding the 30-day limit in sub. (1)
, the department may issue a wild harvest permit that is valid for the dates specified on the permit, which may exceed 30 days duration, if the permit is for the harvest of minnows from a water of the state stocked with minnows by the applicant pursuant to a stocking permit under s. 29.736
, Stats., or for the harvest of minnows from a lake stocked with minnows by the applicant pursuant to a permit for private management under s. 29.737
, Stats. The department may issue a wild harvest permit under this section in conjunction with a stocking permit or a permit for private management.
NR 19.057 History
Emerg. cr. eff. 11-1-07; CR 07-074
: cr. Register May 2008 No. 629
, eff. 6-1-08.
NR 19.058 Sport trolling.
No operator of a boat may engage in trolling, as defined in s. NR 20.03 (40)
, with the use of downriggers on outlying waters, as defined in s. 29.001 (63)
, Stats., without direct and immediate access to a wire cutter or other hand-held device on board capable of immediately severing any fishing line or cable being used in the water behind the boat.
NR 19.058 History
History: CR 12-022
: cr. Register May 2013 No. 689
, eff. 6-1-13.
It shall be unlawful for any person or persons to take, catch or kill fish or fish for fish of any species when such fish are being held in any fish net, fish holding net, fish trap, fish pond, either artificial or natural, or any structure or net placed in any of the waters of the state by the department or under its authority for the purpose of taking or holding fish therein at any time, or for any person or persons to lift, molest, cut or destroy any fish net, fish holding net, fish trap, fish pond, or any structure or net placed in any of the waters of the state by the department or under its authority for the purpose of taking or holding fish therein.
It shall be unlawful for any person or persons to take, catch, capture or kill fish or pursue fish in any fishing operations within 500 feet above or 500 feet below any net, dam or weir wherein the state of Wisconsin is fishing or holding fish for commercial, scientific, or biological purposes, when the area is properly posted by the department.
No provisions in this section shall prohibit the department, its agents, deputy conservation wardens or representatives of the division of fish, game and enforcement of such department from taking any of the fish mentioned in any of the sections of this order at any time or from lifting, setting, or transferring any nets or structures used in holding or capturing fish, wherein they deem it advisable and necessary to promote the department fish management program.
NR 19.06 History
; am. (1), Register, December, 1960, No. 60
, eff. 1-1-61; am. (1), Register, December, 1961, No. 72
, eff. 1-1-62; renum. from WCD 19.06 to be NR 19.06 and am. (1), (2) and (3), Register, April, 1971, No. 184
, eff. 5-1-71.