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NR 16.15(2)(d) (d) Waterfowl. All waterfowl bred, propagated or held on a captive wild animal farm shall be enclosed within a covered pen throughout the open season for hunting waterfowl in the state when written or oral notice is given to the licensee by the department or its agents.
NR 16.15(2)(e) (e) Mute swans. All mute swans held on a captive wild animal farm shall be confined within a covered pen except as follows:
NR 16.15(2)(e)1. 1. Mute swans that are pinioned by 4 weeks of age shall be confined but do not require a covered pen.
NR 16.15(2)(e)2. 2. Mute swans that are both sexually neutered and pinioned by 4 weeks of age need not be confined in a pen but shall be confined to the owner's property and not allowed to roam freely on waters of the state unless those waters are entirely bordered by lands owned or leased by the owner of the mute swans.
NR 16.15(2)(f) (f) Compliance with local regulations. No initial captive wild animal farm application may be approved for the possession of harmful wild animals unless the application is accompanied by written assurance that the application is in compliance with local ordinances and zoning regulations.
NR 16.15(3) (3) Wild or feral swine and their hybrids.
NR 16.15(3)(a) (a) Only individuals who possessed wild or feral swine on July 1, 2010 may be licensed under s. 169.15, Stats., to possess wild or feral swine. Licenses shall be applied for within 90 days of July 1, 2010. Animals must be held in strict confinement and possessed for the purpose of producing food for humans. Except as provided in ss. 169.02 (1) and 169.15 (2) (b), Stats., and for custom slaughter or mobile custom slaughter as defined by the Department of Agriculture, Trade and Consumer Protection, animals may not be killed on premises. Animals may only be transported live directly to facilities licensed for wild or feral under ch. 169, Stats., or to a slaughter establishment as defined by the Department of Agriculture, Trade and Consumer Protection.
NR 16.15(3)(b) (b) Wild or feral swine must have an official individual identification as defined by s. ATCP 10.01 (70).
NR 16.15(3)(c) (c) An individual who possesses wild or feral swine under this rule must keep herd inventory records which include the age, sex and official individual identification of the animals. These records must be available to the department upon request.
NR 16.15 Note Note: Animal markets, slaughter and meat establishments that meet the requirements of s. NR 16.15 (3) are defined and regulated by the Department of Agriculture, Trade, and Consumer Protection in s. ATCP 10.01 (90) and ch. ATCP 55.
NR 16.15 Note Note: A person who is licensed under s. 169.15, Stats., to possess wild or feral swine may also need a permit under ch. NR 40, Wis. Adm. Code. Section NR 40.04 (2) (f) 2. and 3., identifies live Sus domestica (feral domestic swine), Sus scrofa (Russian boar), and other wild swine, including their hybrids, as “prohibited invasive species". With certain exceptions, under s. NR 40.04 (3), no person may possess, transport, transfer or introduce prohibited invasive species unless the person has a permit issued under s. NR 40.06.
NR 16.15(4) (4) Wolf-dog hybrids.
NR 16.15(4)(a)(a) A person who owns a wolf-dog hybrid shall have the animal sexually neutered by six months of age.
NR 16.15(4)(b) (b) A person who owns a wolf-dog hybrid shall have the animal individually tattooed, implanted with a microchip, or otherwise permanently marked with information identifying the owner.
NR 16.15 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03; CR 09-052: am. (2) (a), (e) 1. and 2., cr. (3) and (4) Register June 2010 No. 654, eff. 7-1-10.
NR 16.18 NR 16.18 Fur farms, purpose.
NR 16.18(1)(1)Application. This section is developed pursuant to s. 169.18, Stats., to establish qualifications and conditions for wild fur farm licenses.
NR 16.18(2) (2) Single parcel.
NR 16.18(2)(a)(a) Land owned. In order to qualify as a single parcel for an application by an owner of land, a tract of land shall meet the following standards:
NR 16.18(2)(a)1. 1. The owner of record of all tracts or portions of land comprising a single parcel shall be identical except for spouses qualifying as joint owners under the Wisconsin marital property law.
NR 16.18(2)(a)2. 2. All portions of the land comprising the single parcel shall be contiguous.
NR 16.18(2)(a)3. 3. Parcels or tracts of land may constitute a single parcel if they do not touch but are separated only by a town, county or state highway.
NR 16.18(2)(a)4. 4. Calculation of the 640 acre maximum includes bodies of water in which the bed is owned by the applicant or which are entirely surrounded by lands owned by the applicant.
NR 16.18(2)(a)5. 5. Applicants who are owners of land included in the application may lease additional contiguous parcels provided the total does not exceed 640 acres.
NR 16.18(2)(b) (b) Land leased. In order to qualify as a single parcel for an application by a lessee of land, the tract of land shall meet the following standards:
NR 16.18(2)(b)1. 1. The applicant shall provide proof of a lease specifically authorizing the right to establish a wild fur farm for the term of the license. The lease shall be in writing. Leases for a term exceeding one year shall meet the requirements of s. 706.02, Stats.
NR 16.18(2)(b)2. 2. All portions of the land included in the lease shall be contiguous.
NR 16.18(2)(b)3. 3. Separate tracts of land covered by the lease may constitute a single parcel if they do not touch but are separated only by a town, county or state highway.
NR 16.18(2)(b)4. 4. Calculation of the 640 acre maximum includes bodies of water in which the bed is leased by the applicant or which are entirely surrounded by lands leased by the applicant.
NR 16.18(3) (3) Eligibility requirements. Except as authorized by s. 169.18 (3) (b), Stats., in order to be eligible for a wild fur farm license, the applicant shall own or lease at least 40 acres of land in a single parcel. If multiple, noncontiguous parcels are sought to be licensed by an applicant, the applicant shall obtain a separate wild fur farm license for each parcel.
NR 16.18(4) (4) Authorization. The wild fur farm license authorizes the taking of beaver, coyote, mink, muskrat, otter, opossum, raccoon, skunk and weasel on the licensed facility.
NR 16.18(5) (5) Limitation.
NR 16.18(5)(a)(a) The wild fur farm license does not authorize the taking or possession of badger, bobcat, fisher, fox, lynx, marten, rabbit or wolf. No person may harvest, possess or sell these species except under the authority of chs. NR 10 and 12 and ch. 29, Stats.
NR 16.18(5)(b) (b) All skunks taken shall be immediately killed in a humane manner and may not be sold live.
NR 16.18(5)(c) (c) A person trapping on a licensed wild fur farm under the authority of a wild fur farm license issued under s. 169.18, Stats., shall comply with the trap, cable restraint and snare size and placement rules specified under s. NR 10.13 (1) (b), unless otherwise authorized in writing by the department.
NR 16.18(6) (6) Public rights. The issuance of a wild fur farm license does not affect any public right of hunting, fishing or navigation on navigable waters included within the licensed premises.
NR 16.18(7) (7) Otter quota. The number of otter which may be taken in any given year under the authority of the wild fur farm license may not exceed the number allowed an individual trapper by s. NR 10.145.
NR 16.18 Note Note: This provision does not limit the number of otter that may be taken on a licensed facility by individuals trapping under authority of a trapping license and valid otter tag issued under ch. NR 10. A wild animal nuisance or damage permit may also be applied for pursuant to ch. NR 12 and s. 29.885, Stats.
NR 16.18(8) (8)Tagging, registration, and transfer. Otter taken under the authority of the wild fur farm license shall comply with the following restrictions:
NR 16.18(8)(a) (a) Field harvest. Each person who kills an otter under the authority of a wild fur farm license shall comply with the registration requirements for wild otter found in s. NR 10.086.
NR 16.18(8)(b) (b) Live capture.
NR 16.18(8)(b)1.1. When a live otter is captured and kept for a live sale, transfer or shipment and before it is carried by hand or transported in any manner, the licensee shall immediately validate the otter carcass tag issued by the department by slitting, tearing or punching the tag in the manner indicated by the department. The tag shall be kept in possession of the person transporting the live otter.
NR 16.18(8)(b)2. 2. The tag shall accompany the cage used to contain a live otter until the otter is killed or sold.
NR 16.18(8)(b)3. 3. If a caged live otter is sold or otherwise transferred alive to another person authorized to possess a live captive wild otter, the tag shall accompany the transportation cage used to contain a live otter and shall be retained for a period of 3 years by the person to whom the live otter was sold or otherwise transferred.
NR 16.18(8)(b)4. 4. No person may transport or possess an otter harvested on a wild fur farm unless it has been tagged in accordance with this section.
NR 16.18 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03; CR 07-015: cr. (5) (c) Register September 2007 No. 621, eff. 2-1-08; CR 19-146: r. and recr. (8) Register June 2020 No. 774, eff. 7-1-20; correction in (8) made under s. 35.17, Stats., Register June 2020 No. 774; CR 20-087: am. (8) (a) Register August 2021 No. 788, eff. 9-1-21.
NR 16.19 NR 16.19 Bird hunting preserve licenses.
NR 16.19(1)(1)Application. This section is developed pursuant to s. 169.19, Stats., to establish qualifications and conditions for class A and class B bird hunting preserve licenses.
NR 16.19(2) (2) Lessee. If the land to be licensed as a bird hunting preserve is leased, the applicant shall provide proof of a lease specifically authorizing the right to establish a bird hunting preserve for the term of the license. The lease shall be in writing. Leases for a term exceeding one year shall meet the requirements of s. 706.02, Stats.
NR 16.19(3) (3) Size of hunting area. No bird hunting preserve license may be issued for any land less than 40 contiguous acres where the discharge of firearms is legal, or area larger than 640 total acres.
NR 16.19(4) (4) Location restriction. No bird hunting preserve license may be issued for pheasants for any land less than one-quarter mile from the exterior boundaries of a state or federal wildlife area, public hunting grounds or refuge which is managed in whole or in part for pheasants except that this provision does not apply to areas in which the management for pheasants begins after the bird hunting preserve has been licensed. Except as provided in s. 169.31 (3) (bn), Stats., all lands under one license shall be contiguous.
NR 16.19(5) (5) Pen requirements. Pens used to confine native captive wild birds possessed for use under s. 169.19, Stats., shall meet the requirements of ss. NR 16.30, 16.35 and 16.38. Non-native captive wild birds possessed for use under s. 169.19, Stats., are exempt from the requirements of ss. NR 16.30, 16.35 and 16.38.
NR 16.19(6) (6) Additional stocking requirements. All wild birds stocked under the authority of a class A or B bird hunting preserve license shall be of high quality stock, fully feathered and not less than 12 weeks of age.
NR 16.19(7) (7) Hunting restrictions.
NR 16.19(7)(a)(a) A person hunting anything other than the birds listed on the bird hunting preserve license and stocked on the bird hunting preserve is required to have all applicable approvals issued and required under ch. 29, Stats.
NR 16.19(7)(b) (b) A person hunting anything other than the birds listed on the bird hunting preserve license is subject to all season restrictions, bag limits and other conditions or restrictions established by the department under ch. 29, Stats., and rules promulgated thereunder.
NR 16.19(8) (8) Pheasant management zones. Pheasant management zones are established for the purposes in s. 169.19 (4m), Stats. A person holding a Class B bird hunting preserve license may not allow the hunting or taking of hen pheasants beginning on December 15 of each year and ending on the following March 31 within the boundaries of the licensed preserve if the preserve is located totally or partially within a pheasant management zone.
NR 16.19 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03; CR 08-021: cr. (8) Register November 2008 No. 635, eff. 12-1-08.
NR 16.23 NR 16.23 Stocking license.
NR 16.23(1)(1)Application. This section is developed pursuant to s. 169.23, Stats., to establish qualifications, conditions and exemptions for stocking licenses.
NR 16.23(2) (2) Species.
NR 16.23(2)(a)(a) Species. Only those species authorized by the department and specified on the stocking license may be released into the wild.
NR 16.23(2)(b) (b) Stocking exemptions. No stocking license is required to stock the following species on private lands provided that the requirements of s. 169.06 (1) (d), Stats., are met:
NR 16.23(2)(b)1. 1. Ring-necked pheasants.
NR 16.23(2)(b)2. 2. Gray partridge.
NR 16.23(3) (3) Location. Except as provided in sub. (2) (b), the locations at which stocking is allowed are restricted to those listed, authorized and approved on the license.
NR 16.23 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03.
NR 16.26 NR 16.26 Nonprofit educational exhibitors.
NR 16.26(1)(1)Application. This section is developed pursuant to s. 169.26, Stats., to establish qualifications and conditions for nonprofit educational exhibitors.
NR 16.26(2) (2) General exhibit requirements. Nonprofit educational exhibitors shall comply with all the requirements of ss. NR 16.30 to 16.38.
NR 16.26(3) (3) Exceptions to pen requirements. All interactive sessions with captive wild animals shall comply with the requirements of s. NR 16.35 (7).
NR 16.26 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03.
NR 16.27 NR 16.27 Nonresident temporary exhibitors.
NR 16.27(1)(1)Application. This section is developed pursuant to s. 169.27, Stats., to establish qualifications and conditions for nonresident temporary exhibitors.
NR 16.27(2) (2) General exhibit requirements. Nonresident temporary exhibitors shall comply with all the requirements s. NR 16.35 (1) to (9).
NR 16.27(3) (3) Documents. Applicants shall provide the following documents when applying for a license:
NR 16.27(3)(a) (a) Written proof of authority to possess captive wild animals from the state of residence.
NR 16.27(3)(b) (b) Copies of all federal permits required to possess the captive wild animal being exhibited.
NR 16.27(3)(c) (c) Copies of any health certificates required by federal and state law to ship or transport animals across state boundaries.
NR 16.27(4) (4) Application submission. Applicants shall apply for the license at least 20 business days prior to entering the state with any captive wild animals for which an exhibiting license is required.
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.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.