If the department finds the petitioners have presented substantial evidence to warrant a review, the department shall proceed in accordance with ch. 227, Stats.
NR 27.04 History
Cr. Register, September, 1979, No. 285
, eff. 10-1-79.
NR 27.05 Permits for endangered and threatened species. NR 27.05(1)(1)
The department shall issue endangered and threatened species permits in accordance with the provisions of and for the purposes authorized in s. 29.604
, Stats. Conditions designed to protect and preserve species on the department list shall be imposed on permittees.
NR 27.05(2)(a)(a) Applications.
Applications for endangered and threatened species permits shall be made on forms furnished by the department and shall include:
Area and period of time in which the specimens are to be taken;
Such additional information as may be requested by the department.
A permit issued pursuant to this chapter shall be carried upon the person of the permittee when exercising the permit privileges. The permit and any authorized species obtained must be shown to the department or its agents upon request. Furs shall be marked or stamped with a stamp or tag furnished by the department to show such furs are legally held and possessed.
(c) Annual report.
An annual progress report on activities authorized by the permit may be required by the department. The department shall notify the permittee if this report is required.
(d) Permit conditions.
The permittee may only take, transport, possess, process or sell species on the department list subject to and in accordance with the conditions imposed by the department. Conditions shall include but are not limited to the minimum standards for feeding, treatment, sanitation, pens and housing prescribed in ss. NR 16.30
(e) Permit authority.
A permit issued pursuant to this chapter does not authorize the exchange, purchase or sale of specimens on the department list with persons who do not hold an appropriate state or federal endangered or threatened species permit. This paragraph does not apply to the exchange or purchase of permitted state endangered or threatened plants from purchase of permitted state endangered or threatened plants from persons possessing a valid endangered and threatened species permit which allows the sale of specific species. All persons, including those persons or businesses which are based outside of Wisconsin, selling Wisconsin endangered or threatened plants shall possess a Wisconsin endangered or threatened species permit for those species being sold.
(f) Care of injured animals.
A permit issued under the authority of this chapter does not authorize the routine care of injured animals.
Permits are not required for persons to take wild plants of endangered or threatened species on property which they own or lease, or with landowner permission, except if the plants or their progeny are sold or processed, or in the course of forestry or agricultural practices or in the construction, operation or maintenance of a utility facility. Nothing in this rule prevents persons from propagating endangered or threatened wild plants on their own property as long as they do not sell these plants or distribute them to other properties which they do not own or lease.
Any person obtaining a permit under this section need not obtain a scientific collector's permit under s. NR 19.11
for that same species and purpose.
The department may issue an endangered species certificate and seal to identify and mark a carcass, skin, hide, fur or part of an endangered or threatened species specimen held under a valid endangered or threatened species permit. A certificate and seal may only be transferred incidental to the transfer of the specimen for which the certificate and seal were issued.
(5) Federal permits.
A federal permit is required for all endangered and threatened wild animals and wild plants on the federal lists, unless such requirement is waived by the U.S. department of interior.
(6) Permit revocation.
The department may revoke the current endangered and threatened species permit of a person who violates any condition of the permit and the person may be ineligible to receive a permit for the following calendar year. Permit conditions may include but are not limited to: covered species, collection limitations, requirements to use local propagate sources, propagation methods, sales limits and documentation requirements. The department may issue another permit only if the person has corrected all deficiencies from any previous permit and agrees to abide by all permit conditions.
NR 27.05 History
Cr. Register, September, 1979, No. 285
, eff. 10-1-79; renum. (4) to be (4) (a) and cr. (4) (b), Register, March, 1990, No. 411
, eff. 4-1-90; am. (2) (e), (3) and (4) (b), cr. (6), Register, April, 1993, No. 448
, eff. 5-1-93; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525
; CR 05-031
: am. (2) (d) Register November 2005 No. 599
, eff. 12-1-05.
NR 27.06 Exceptions to permit requirements. NR 27.06(1)(a)(a)
Any person taking, transporting, possessing or selling any wild animal or wild plant included in the U.S. foreign and native endangered and threatened species list, but not included in the Wisconsin endangered or threatened species lists, does not need a state permit if such person has a federal permit authorizing such possession. Any person who was previously exempted from needing a permit and is required to have a permit under this section shall apply for and be issued a permit no later than October 1, 1990.
Any Native American Indian who is an enrolled tribal member may possess bald eagles or parts thereof for religious purposes if they have been issued a federal permit authorizing such possession.
NR 27.06(2)(a)(a) Exemptions.
Any person taking, transporting or possessing any endangered or threatened plants or animals, or selling any endangered or threatened animals does not need a state permit if the specimens were acquired before the species' effective listing date. For wild animals added to these lists after the above dates, no permit is required if the wild animals were acquired before the effective date of their addition to the list.
Any person claiming an exemption under par. (a)
must offer evidence acceptable to the department to show that the species was acquired prior to the effective date.
All wild animals on the Wisconsin endangered and threatened species lists which are possessed, transported or sold pursuant to par. (a)
shall be permanently marked, tagged or otherwise identified with a certificate and seal by or at the direction of the department to show the specimen or parts thereof is legally possessed. A certificate and seal may only be transferred incidental to the transfer of the specimen for which the certificate and seal were issued.
NR 27.06(3)(a)(a) Procedures.
Each person who possesses any live animal listed as a Wisconsin endangered or threatened species in s. NR 27.03 (2)
shall keep a complete and accurate record in the English language of any action affecting the number of said wild animals that person possesses. This record shall be on forms provided by the department, and shall include a receipt book for purchases, births, or any action increasing the number of individuals in possession; and a separate book for sales, gifts, deaths or any action whereby the number of individuals in possession decreases. These receipts shall be completed immediately following the action or transaction affecting populations in possession, and one copy shall be mailed to the department at that time.
The permittee shall make all permitted wild plants and wild animals in their possession and all applicable records available for inspection by the department at any time.
NR 27.06(4)(a)(a) Animals.
Permits are not required for the possession, processing, sale or transportation of carcasses, skins, hides and furs or parts thereof from wild animals on the Wisconsin endangered or threatened species lists if each item is marked with a permanent locked seal attached by or with the authority of the government of the country, state or province where the wild animal originated, or if an endangered species certificate and seal has been issued under s. NR 27.05 (4) (b)
to identify and mark the specimens.
(b) Fur garments.
Permits are not required for the possession, processing, sale or transportation of articles of clothing manufactured from the skins, hides or furs of animals on the Wisconsin endangered or threatened species lists if documentation accompanies each garment stating that the furs from which it was made were legally taken outside of Wisconsin.
NR 27.06 History
Cr. Register, September, 1979, No. 285
, eff. 10-1-79; am. (1), Register, January, 1981, No. 301
, eff. 2-1-80; cr. (4), Register, October, 1981, No. 310
, eff. 11-1-81; am. (1) (a) and (2), r. and recr. (1) (b), Register, March 1990, No. 411
, eff. 4-1-90; am. (2) (a), (c), (3) (b) and (4) (a), Register, April, 1993, No. 448
, eff. 5-1-93.
NR 27.07 Incidental take applications. NR 27.07(1)
Public notification of receipt of an application for the incidental take of endangered or threatened species. NR 27.07(1)(a)1.1.
Upon receipt of an application for an incidental take permit, an accompanying conservation plan and an implementing agreement under s. 29.604 (6m)
, Stats., all of which are deemed complete and acceptable to the department, the department shall develop a news release that includes all of the following information:
A brief description of the project or activity, including location, and the endangered and threatened species to be affected.
A statement regarding the proposal's potential to cause significant adverse effects to endangered and threatened species, the whole plant-animal community of which they are a part, or the habitat that is critical to its existence.
A brief description of efforts the applicant intends to conduct to minimize and mitigate the impact caused by the taking.
The name and address of a contact within the department who can receive comments and respond to questions.
A date until which the department will accept and consider comments.
Notwithstanding subd. 1.
, but consistent with s. 29.604 (6m) (e)
, Stats., when deemed appropriate by the department, any other department notice, including a notice required under another statute or administrative rule, containing the information in subd. 1. a.
may be used in addition to a news release.
The department shall distribute the news release or notice to appropriate news media in the vicinity of the proposed taking and to the official state newspaper designated under s. 985.04
In addition to distributing the news release or notice under par. (b)
, the department shall mail, or may otherwise provide the information specified in par. (a)
in the manner requested, and consistent with s. 29.604 (6m) (e)
, Stats., to the following organizations, at the address or location they provide:
University of Wisconsin-Madison, School of Natural Resources;
University of Wisconsin-Stevens Point, College of Natural Resources;
Sigurd Olson Environmental Institute, Northland College, Ashland;
Other organizations or individuals clearly requesting notification of receipt of applications under s. 29.604 (6m)
, Stats., by filing a written request with the bureau of endangered resources.
NR 27.07 Note
Note: The mailing address for the Bureau of Endangered Resources is Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.
A minimum of 2 weeks from the date the news release or notice was distributed to news media under sub. (1) (b)
or mailed under sub. (1) (c)
, whichever is later, shall be allowed for the receipt of public comment on the proposed taking.
The department shall consider all public comment on the application if received within the comment period by the bureau of endangered resources by mail or delivered to its offices in Madison, Wisconsin.
(3) Public record treatment.
Any application, conservation plan and implementing agreement submitted under s. 29.604 (6m)
, Stats., shall be available for review at the offices of the bureau of endangered resources in Madison, Wisconsin. Any request for a copy of those documents, shall be considered a public record request and provided subject to payment of copying charges consistent with subch. II of ch. 19
, Stats., and rules adopted by the department.
NR 27.07 Note
Note: The offices of the bureau of endangered resources are located at 101 South Webster Street, Madison, Wisconsin.
NR 27.07 History
Emerg. cr. eff. 11-18-96;
cr. Register, April, 1998, No. 508
, eff. 5-1-98; corrections in (1) (a), (c) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525