amending, repealing and recreating, and creating rules
The statement of scope for this rule, SS 026-13, was published in Register No. 687, on March 31, 2013. This permanent rule was approved by the Governor on February 26, 2018. The Wisconsin Natural Resources Board proposes an order renumber and amend Ch. NR 19.79 (1), to amend NR 19.71 (4) and (13), 19.72 (6), 19.73 (3) (a) 1., 19.74 (1) (a), (b) and (d) and (2) (Intro.) (Note), 19.75 (1), (2) and (Note), 19.77 (2) (a), 19.79 and (Note), 19.80 (2) (b) 3., 19.81, 19.82, 19.84; to repeal and recreate 19.71 (10), 19.73 (2) (d) and (3) (d); and to create NR 19.71 (1m), (2m), (3m), (6m) and (9m), 19.72 (2) (Note) and (4) (Note), 19.73 (1) (d) (Note) and (e), (2) (a) 1m., (2) (e), (3) (a) 1m., (c) (Note), and (3) (a) 2m. and (e), 19.74 (1) (e), (2) (a) to (e) and (3), 19.76 (2m) and (Note), 19.77 (2) (a) (Note), 19.78 (9) to (12), 19.79 (2), 19.80 (2) (b) 5. to 8 and (Note), and 19.81 (3) and (Note), relating to wildlife rehabilitation. WM-10-13
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation of Agency Authority: The department’s authority to authorize and regulate the rehabilitation of wild animals is established in s. 169.24 Stats. The department is directed by s. 169.24(2) Stats to, “promulgate rules to establish the qualifications required to obtain a rehabilitation license, the types of activities authorized by a rehabilitation license and the standards, limitations, and requirements for rehabilitation licenses.” All rules promulgated under this authority are subject to review under ch. 227, Stats. Statutes Interpreted and Explanation: These rules interpret statutes related to captive wildlife, especially s. 169.24. Related Statute or Rule: No other rules currently being promulgated are directly related to this proposal and these proposed rules are not a response to recently enacted statutes.
Plain Language Rule Analysis: This subchapter was adopted in 2004 to establish consistent standards for the rehabilitation of wildlife, ensure that all persons engaged in wildlife rehabilitation are qualified, and to ensure that rehabilitators provide humane care and housing for wildlife being rehabilitated. These proposed revisions will clarify existing rules and establish new requirements for people licensed to rehabilitate wild animals based on what the department has learned after more than ten years of experience administering the subchapter. Specifically, these rules would:
Section 1 establishes a definition of basic care which is feeding, watering, and cleaning to provide for an animal’s basic needs. The section also establishes a definition for “cage” to clarify that it can mean any type of enclosure. Finally, this section establishes a definition of direct supervision to clarify that the actual presence of the licensee or consulting veterinarian is required in certain situations.
Section 2 updates a cross reference to American veterinary medical association standards so that it will always refer to the current standards.
Section 3 establishes a definition of indirect supervision to clarify that the actual presence of the licensee or consulting veterinarian is not required in certain situations. This section also defines that a “subpermittee” is a person who is working in a limited capacity under the supervision of the holder of an advanced license for wildlife rehabilitation.
Section 4 defines that a “volunteer” is a person who works onsite under the direct supervision of the licensee.
Sections 5 and 30 update the name of the Wildlife Rehabilitation Advisory Committee, the group of volunteers appointed by the secretary to advise the department on wildlife rehabilitation so that it is now a “council” and expand the council’s charge to include advisory roles related to wildlife health and other captive wildlife matters.
Section 6 provides information in a note so readers are aware that rehabilitation of skunks and wolves is not allowed and directing people to the location on the department’s website where rehabilitation restrictions and requirements related to deer, wolves and threatened and endangered species are explained. This section also clarifies in a note that wildlife rehabilitation licensing authority does not apply to birds held under falconry licensing.
Section 6m. updates a statutory cross-reference to the practice of veterinary medicine.
Section 7 clarifies that wild animal rehabilitation is restricted only to those species which are listed on the rehabilitator’s license and establishes a process by which additional species may be added to a license. A minimum amount of experience and knowledge that is needed before adding a species, and an exception, are established. This section also requires an applicant for a rehabilitation license to describe their previous rehabilitation and animal care experience when applying for a license.
Section 8 establishes the requirements under which volunteers may assist basic license holders with the rehabilitation of wild animals, including that volunteers may provide only basic care under the direct supervision of the licensee. This section also establishes that holders of a basic license for wildlife rehabilitation may not utilize the assistance of subpermittees.
Sections 9 and 10 require the signature of a veterinarian to assure that applicants for an advanced wildlife rehabilitation license meet the minimum criteria for the license. These sections also require a description of prior wildlife rehabilitation experience and successfully completing a written exam which evaluates their knowledge as part of the licensing process. This is already a requirement for basic licensees. Section 10 also provides information in a note so readers are aware of controlled substances special use authorization (SUA) requirements for injectable euthanasia by the State of Wisconsin controlled substances board.
Section 11 establishes that volunteers can assist advanced license holders in rehabilitating wildlife and establishes the conditions and requirements.
Section 12 specifically establishes that subpermittees can assist a person who is licensed as an advanced rehabilitator, including at a location other than that of the advanced license holder. This section establishes reporting and other requirements for subpermittees and establishes that advanced licensees are responsible for the activities of volunteers. Finally, this section restricts the activities of a subpermittee to assisting only in a limited capacity which does not include admitting animals or performing euthanasia or advanced medical procedures.
Section 13 establishes a state requirement that consulting veterinarians comply with the Animal Medicinal Drug Use Clarification Act of 1994. This is already a requirement of federal law. This section also requires that applicants for wildlife rehabilitation licenses read a code of ethics for wildlife rehabilitation,
Section 14 clarifies that, when providing documentation that facilities are allowed under local zoning, the documentation can be supplied by the applicant instead of the local unit of government. The requirement to show that facilities are allowed under local zoning is also an existing statutory requirement.
Sections 15 to 17 establish requirements for non-residents who wish to apply for a license to rehabilitate wild animals in Wisconsin. The requirements are similar to the ones which apply to resident applicants. As a condition of license renewal for residents, this section requires applicants to obtain and show proof of continuing education.
Section 18 establishes that, in addition to preparing a test, the wildlife rehabilitation council may recommend an existing examination that is used to evaluate applicants for wildlife rehabilitation licenses.
Section 19 requires wildlife rehabilitation license applicants to provide information about their enclosures used to confine animals to make the licensing process more efficient and to better assure that humane standards will be met.
Sections 20 and 21 incorporate by reference the standards for enclosures which are established by the National Wildlife Rehabilitation Association and International Wildlife Rehabilitation Council. This will provide more specific guidance to license applicants and will assure consistently better care and housing of animals.
Section 22 establishes that, when responding to an oil spill, rehabilitators who are licensed in another state may assist in Wisconsin on a temporary basis. This section also establishes a time frame during which a relationship with a new consulting veterinarian must be established if a current veterinarian is no longer able to perform veterinary services for the rehabilitator. Finally, language in this section clarifies that failing to meet the requirements for the care and treatment of wildlife is a prohibited action.
Sections 23 to 25 clarify how a rehabilitator must respond when they take possession of an animal they know or reasonably suspect has been exposed to rabies and other diseases, and updates a related cross-reference to Ch. ATCP 10. Sections 26 and 27 establish that quarterly reporting of activity with the following additional species is required; fisher, marten, wolverine, weasel, elk, white-tailed deer, and moose. These sections also update the list of animals for which quarterly reports to the department are required so that it includes wild or feral swine, mute swans, and wolf-dog hybrids at times when rehabilitation of those species is not prohibited under s. NR 19.72 (2). Sections 28 designates a specific person in the department to whom applicants to become advanced wildlife rehabilitation sponsors shall apply. The section also requires both the department and the wildlife rehabilitation advisory council to review applications and documents describing the applicant’s experience with wildlife rehabilitation.
Section 29 establishes that the sponsor who applies to advise or consult a basic licensee must either be actively rehabilitating the species that the basic licensee will work with, or must have the facilities necessary to work with that species.
SECTION 30 acknowledges that the Wildlife rehabilitation advisory committee has been formally transformed to an advisory council.
Section 31 establishes that, in addition to situations of risk to public health, the department may also modify license conditions when there is a threat to animal health or welfare.
Federal Regulatory Analysis: States possess inherent authority to manage the wildlife resources located within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Register. Under international treaty and Federal law, the possession of migratory birds is regulated by the United States Fish & Wildlife Service. Additional federal regulations apply to bald eagles and federally listed endangered or threatened species. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Comparison with rules in Adjacent States: Wisconsin’s surrounding states also have regulations in place establishing some type of licensure and which are designed to assure humane care of animals and manage the use of wildlife resources which are held in the public trust. Wildlife rehabilitation regulations vary from state-to-state but are generally comparable to Wisconsin’s approach.
Michigan wildlife rehabilitation regulations require all new applicants to pass the International Wildlife Rehabilitation basic skills course prior to applying for a wildlife rehabilitation permit. Permits are valid for 5 years and continuing education credits are required prior to a permit renewal. Rehabilitation facilities must be in compliance with the International Wildlife Rehabilitation and National Wildlife Rehabilitation Association minimum standards.
The Minnesota wildlife rehabilitation regulations specify three classes of licenses. A passing score of an exam is required prior to obtaining the next level permit. Continuing education credits are required to renew licenses or apply for a subsequent license. Each permit level is allowed to have a specified number of in-shelter assistants who are authorized to assist in rehabilitation activities.
The Iowa wildlife rehabilitation regulations ensure that facilities are in compliance with International Wildlife Rehabilitation and National Wildlife Rehabilitation Association minimum standards.
Summary of Factual Data and Analytical Methodologies: Wildlife rehabilitation is the act of providing temporary care for injured, sick or orphaned wildlife with the goal of releasing them back into the wild. Animals released back into the wild must have the ability to recognize and find appropriate foods, socialize with members of their own species and exhibit normal behaviors such as fear of humans and predator avoidance.
The Wildlife Rehabilitation Advisory Committee makes recommendations to, advises and cooperates with the department on wildlife rehabilitation program development, regulations, research, and education. The Committee represents licensed wildlife rehabilitators in Wisconsin. This rule proposal will expand their role advising on related captive wildlife topics and change their name to “council” instead of committee.
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.
