These rules establish a definition of basic care which is feeding, watering, and cleaning to provide for an animal’s basic needs, and does not include tasks such as performing admittance exams and triage, or euthanasia. The rule also establishes that volunteers, who are not licensed, may only provide basic care.
The creation of subpermittees will allow advanced licensees the ability to have qualified individuals assisting with rehabilitation activities either on-site or off-site of the licensee’s facility. As part of the proposed rule change, subpermittees will be subject to the same restrictions as basic licensees. These restrictions involve the types of animals that can be rehabilitated (those that are dangerous or difficult to handle), as well as restriction on who is allowed to conduct euthanasia. The creation of subpermittees also clarifies the role of volunteers. For instance, a volunteer working with a basic license holder would not be able to work at a location away from the basic license holder’s facility or in any way other than under the licensee’s direct supervision. This is intended to improve clarity about the roles of volunteers and assistants who are not licensed, increase their level of supervision, and result in more consistently humane care.
The proposal establishes a note to make readers aware that the rehabilitation of skunks, wolves and wolf-dog hybrids is prohibited, and directs readers to the department’s website for additional information on the rehabilitation of deer and threatened or endangered species. These provisions should improve the usefulness of this chapter to readers.
These rules establish requirements for basic and advanced licensees to add new species to their license authority. The requirements are designed to better assure that the licensee has experience and knowledge with those species before working on them. For migratory birds, federal regulations require 100 hours of experience before adding a migratory bird to a license. For other species, the department would work with the wildlife rehabilitation advisory council to develop guidance that establishes the appropriate amount of experience and knowledge that is needed.
These rules will require wildlife rehabilitation license applicants to indicate prior experience in wildlife rehabilitation and/or animal care, certify that they have read and understand a code of ethics for wildlife rehabilitators, and provide documentation of compliance with local ordinances.
These rules will establish continuing education requirements which must be met before renewing basic or advanced licenses, and will add that taking and passing an exam is required to apply for an advanced license.
This proposal will incorporate by reference the Minimum Standards for Wildlife Rehabilitation for the size and construction of enclosures used to contain wild animals established by the National Wildlife Rehabilitation Association and the International Wildlife Rehabilitation Council. These standards for wildlife rehabilitation are based on accepted norms in biology, medicine, behavior, natural history, and, of course, wildlife rehabilitation. Under current rules enclosures are generally required to be of sufficient construction to contain the animal, of a size that is adequate for the animal, and free of sharp edges or other hazards. These specific requirements will make it significantly easier for applicants to construct their facilities with a high level of certainty that they will be approved by the department and result in providing humane care. Additionally, applicants for wildlife rehabilitation licenses will need to provide a complete caging/enclosure report with pictures of their enclosures when their rehabilitation license applications are submitted. Under this proposal, the department will have enough flexibility that it would be able to approve enclosures that technically do not meet these standards but which clearly will result in providing humane care, perhaps as a result of design of other ideas and improvements that were not considered in development of standards.
This proposal will establish that, for purposes of responding to an oil spill or other disaster, a person licensed to rehabilitate wildlife in another state may temporarily assist with rehabilitation in this state. This will facilitate the efficient approval of volunteers who may be needed in this type of an emergency situation. These rules will also correct a cross-reference with rules promulgated by the Department of Agriculture, Trade and Consumer Protection which establish procedures that must be followed if an animal is suspected of having been exposed to rabies. These rules clarify that failing to meet the requirements for the care and treatment of wildlife is a prohibited action.
Current statutes and rule require rehabilitators to keep records of animals received, the condition of the animals and the disposition of each animal. For certain species, quarterly reporting to the department is required. Through this proposal, the department will expand the requirements to include quarterly reporting of elk, deer, moose, fisher, marten, wolverine, weasel, bobcat, lynx and cougars. Quarterly reporting for the possession of mute swans, wild or feral swine, and wolves or wolf-dog hybrids would also be required if rehabilitating those species is allowed.
Wildlife rehabilitation experience is required of an advanced license holder who wishes to sponsor basic license holders. This proposal requires that the advanced license holder be able to document or otherwise prove to the department that they have experience rehabilitating the species being considered and be approved by the department and the Wildlife Rehabilitation Advisory Council to be sponsors.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis: The department solicited comments on an economic impact analysis of this proposal during July 2015. During that period, the department posted a preliminary analysis on its website and distributed the proposed rule and analysis to parties it determined were interested. A copy of the analysis was posted on the department’s website at http://dnr.wi.gov and can be located by searching for the keywords “administrative rules”. Anticipated Private Sector Costs: These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector.
Effects on Small Business: Wildlife rehabilitation is typically performed by non-profit organizations or individuals who are not reimbursed by government funding or by fees paid for services. These rules, and the legislation which grants the department rule making authority, will have no economic effect on small businesses. These rules are applicable to wildlife rehabilitators and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
The proposed rules will not have a significant economic impact on a substantial number of small businesses under 227.114(6) or 227.14(2g).
Agency Contact Person: Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scott.loomans@wisconsin.gov Deadline for Written Comments: Written comments were submitted to the agency contact person, listed above, by August 31, 2015.
Section 1. NR 19.71 (1m), (2m) and (3m) are created to read:
NR 19.71 (1m) “Basic care” means feeding, watering, and cleaning to provide for an animal’s basic needs, and does not include tasks such as performing admittance exams and triage, or euthanasia.
(2m) “Cage” means any structure in which animals are confined for rehabilitation purposes.
(3m) “Direct supervision” means the actual presence of the licensee or consulting veterinarian.
Section 2. NR 19.71 (4) is amended to read:
NR 19.71 (4) "Euthanasia" means the humane killing of a wildlife wild animal in accordance with the current American veterinary medical association standards contained in the 2000 Report most recent report of the AVMA Panel on Euthanasia.
NR 19.71 NoteNote: Copies of the 2000 Report Reports of the AVMA Panel on Euthanasia, JAVA, Vol. 218, No. 5, dated March 1, 2001, are available for inspection at the offices of the Secretary of State, 30 W. Mifflin Street, Madison, WI, the Legislative Reference Bureau, One E. Main Street, Madison, WI, or the department.
Section 3. NR 19.71 (6m) and (9m) are created to read:
NR 19.71 (6m) “Indirect supervision” means written or verbal instructions for treatment of an animal provided by a licensee or consulting veterinarian that need not be present.
(9g) “Subpermittee” means any person subject to the conditions and limits established in s. NR 19.73 (3)(e) and who is working in a limited capacity under the supervision of an advanced licensee on wildlife rehabilitation activities.
Section 4. NR 19.71 (10) is repealed and recreated to read:
NR 19.71 (10) “Volunteer” means any person at a licensee’s facility who is contributing to the activities of the facility or who is under the direction of and is known to the licensee.
Section 5. NR 19.71 (13) is amended to read:
NR 19.71 (13) "Wildlife rehabilitation advisory committee council" means a group of volunteers appointed by the secretary or secretary's designee to advise and provide recommendations about wildlife rehabilitation, wildlife health, and captive wildlife to the department.
Section 6. NR 19.72 (2) (Note) and (4) (Note) are created to read:
NR 19.72 (2) Note: Deer rehabilitation information can be found at http://dnr.wi.gov/ or will be available upon request at DNR Service Centers, by writing the Bureau of Wildlife Management, PO Box 7921, 101 S. Webster St., Madison, WI 53707−7921. The rehabilitation of skunks is prohibited under s. NR 1.18 (3) (c). The possession and rehabilitation of species which are listed as threatened or endangered as established in s. NR 27.03 requires authorization from the Bureau of Natural Heritage Conservation. Pursuant to ss. 169.085 and 169.11 (1) (b), Stats., the department does not allow rehabilitation of wolves or wolf-dog hybrids. (4) Note: Birds held under falconry licensing are private property, do not meet the definition of ‘wild animal’ per s. 169.01 (30m) stats., and thus care and treatment is not authorized per wildlife rehabilitation licensing authority. Section 6m. NR 19.72 (6) is amended to read:
NR.19.72 (6): This license does not authorize the practice of veterinary medicine as defined in s. 453.02 (6), s. 89, Stats. Section 7. NR 19.73 (1) (d) and (e) (Note) and (2) (a) 1m. are created to read:
NR 19.73 (1) (d) Species. The department shall list on the license the species authorized for rehabilitation by a basic or an advanced licensee.
(e) Species additions. No person may have a species added to their license unless all of the following have occurred:
1. The licensee has submitted to the department a caging report as required under s. NR 19.76 (2m), pictures of pens and enclosures, and documentation indicating the licensee’s rehabilitation experience and knowledge with the new species. For migratory birds, experience and knowledge with the new species shall include at least 100 hours of hands-on experience gained within the previous two years and 25 of those hours may be fulfilled by participation in seminars or courses relating to the new species. For species which are not migratory birds, the department may establish that less experience and knowledge is needed. The department may require that licensees demonstrate specific experience and knowledge of species that it determines to be sensitive or difficult to rehabilitate. 2. The department has reviewed and approved the addition.
3. An additional facility inspection to determine compliance with standards established under s. NR 19.77 has been conducted if the department has determined such an inspection is necessary. 4. For a basic licensee modification, the licensee possesses a sponsorship agreement with an advanced licensee.
Note: The department is advised by the wildlife rehabilitation advisory council established under NR 19.71 (13) which develops recommendations for appropriate minimum requirements for experience and knowledge when adding new species to a license and the list of species sensitive or difficult to rehabilitate.
(2) (a) 1m. Submit a completed license application that describes prior wildlife rehabilitation and animal care experience to the department.
