Chapter NR 1

NR 1.17 NR 1.17 Nongame wildlife. Nongame species play an important role in the normal functioning of ecosystems and contribute to the aesthetic quality of our environment. Since nongame management programs provide significant benefits to many segments of society, new sources of revenue (other than hunting license fees or excise taxes) will be sought to support expansion of these programs. New federal excise taxes on selected outdoor recreation equipment are supported as one appropriate source of funding for this program. Nongame species include all birds, mammals and other terrestrial vertebrates which usually have no open season for hunting or trapping. Species classified as endangered or threatened are also included in this section. To implement an adequate program for nongame wildlife, the following needs and actions are essential:

NR 1.17(1) (1) Habitat management. Habitat requirements of nongame wildlife collectively encompass almost every combination of topography, soils, water and vegetative types. The highest priority for management will be allotted to endangered, threatened and uncommon species. In order to protect and manage habitat for nongame species on public and private lands, programs will be initiated as required which may include the protection, development and maintenance of key nesting grounds, den sites, feeding areas, roosting areas, wintering areas, strategic migrational rest areas and other critical habitat components. Program implementation may employ one or more of the following actions:

NR 1.17(1)(a) (a) Acquisition, lease or easement of land rights;

NR 1.17(1)(b) (b) Food and cover management, construction of artificial nest or roost devices, refuge creation, protective fencing, incorporating important habitat needs into management plans for public lands, or providing incentives to private landowners to develop or protect habitat.

NR 1.17(2) (2) Protection. Most nongame species are protected by law; however, certain species may become so low in numbers that the special status of “endangered” is created by administrative rule under s. 29.604, Stats., and ch. NR 27. Endangered species are those whose continued existence as a part of the state’s wild fauna (or flora) is in jeopardy and, without further state action, may become extirpated. Threatened species currently receive some protection under ss. 23.09, 23.11, 29.011, 29.014 (1) and 29.041, Stats., and those which appear likely, within the foreseeable future, to become endangered. Additional regulations will be adopted as necessary for the protection of endangered and threatened species and for any nonhunted wildlife species that is exhibiting a chronic decline in abundance. Human access to critical areas of endangered or threatened species habitat on public lands will be limited or prohibited as necessary.

NR 1.17(3) (3) Damage. The payment of damages caused by nonhunted wildlife species is opposed. Should legislation mandate such payment, sources of funding other than hunting license fees or excise taxes will be sought.

NR 1.17(4) (4) Research and surveys.

NR 1.17(4)(a) (a) Many nongame species require the development of new survey techniques as well as a system to monitor population trends. Annual surveys will not be required for most species. Indications of marked population declines will require more frequent and precise surveys to determine if management action is required. Endangered and threatened species will require close monitoring until they become more abundant.

NR 1.17(4)(b) (b) A nongame program must rely on the knowledge available for each individual species to be managed. Research projects will be initiated as required to provide the following information: life history, habitat requirements, population distribution and abundance, census methods, management techniques and effects of land use changes, pesticides or other environmental population depressants.

NR 1.17(5) (5) Propagation and stocking. Due to habitat changes or other ecological factors, a species may decline to the extent that viable breeding populations are absent. In this event, a reintroduction program would be considered and evaluated to determine potential adverse interactions with other species, and any environmental factors that would negate successful establishment. Wisconsin pledges cooperation with other state and federal agencies in feasible reintroduction programs which require the capture and export of Wisconsin wildlife.

NR 1.17 History History: Cr. Register, July, 1977, No. 259, eff. 8-1-77; corrections in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525.

NR 1.18 NR 1.18 Captive birds and mammals.

NR 1.18(1) (1) Definitions.

NR 1.18(1)(a) (a) “Captivity” or “captive” means the state of confinement within a fence, pen, cage, house or similar enclosure.

NR 1.18(1)(b) (b) “Captive game farm birds and mammals” means birds and mammals which were propagated in captivity.

NR 1.18(1)(c) (c) “Wildlife” means birds and mammals which have inhabited and were propagated in a natural environment.

NR 1.18(2) (2) General.

NR 1.18(2)(a) (a) Authorized activities involving captive wildlife result in recreational, educational and economic benefits. The department, when feasible, will establish joint permit systems with other agencies having jurisdiction of the protected wildlife.

NR 1.18(2)(b) (b) Permits authorizing possession of captive wildlife or captive game farm birds and mammals shall be denied or revoked upon a showing that such possession results in care practices which are not humane, adequate or sanitary.

NR 1.18(2)(c) (c) The department may receive confiscated wildlife and shall render care consistent with standards and guidelines established for captive, protected wildlife.

NR 1.18(3) (3) Rehabilitation.

NR 1.18(3)(a) (a) First aid and temporary care administered to orphaned, injured or confiscated wildlife may provide important benefits to the scientific community through knowledge gained during such treatment as well as benefit the wildlife being treated.

NR 1.18(3)(b) (b) Necessary standards for facilities and care shall be established to assure proper care and confinement.

NR 1.18(3)(c) (c) Skunks may not be held under this permit authority.

NR 1.18(3)(d) (d) Wildlife may be destroyed by the department or permittees when there is no hope of successful release to the wild or for cost free use for falconry, wildlife exhibits, propagation, zoos or educational institutions.

NR 1.18(3)(e) (e) The department may not actively engage in a rehabilitation program but provide coordination of referrals to authorized rehabilitators. The department may continue to provide care for confiscated wildlife.

NR 1.18(4) (4) Falconry.

NR 1.18(4)(a) (a) The use of certain species of raptors for the pursuit and capture of wild animals is a legitimate use of a natural resource which requires skill and dedication on that part of the user and may yield important biological, ecological and other scientific knowledge of predatory birds.

NR 1.18(4)(b) (b) Because of the complexities of the sport, permit applicants will be tested for their knowledge of basic biology, raptor care, literature, laws, and regulations.

NR 1.18(4)(c) (c) Special hunting seasons may be established within the biological limits of the wildlife species to provide recreational opportunities.

NR 1.18(4)(d) (d) When the security of any wild population of raptor is in doubt or in jeopardy, the department shall prohibit the use of wild-trapped birds of that species for falconry.

NR 1.18(4)(e) (e) The use of raptors hatched, raised or rehabilitated in captivity will be encouraged for falconry to reduce the use of wild raptors.

NR 1.18(4)(f) (f) The department will encourage educational efforts to improve the public’s knowledge of raptors and monitor the program, particularly regarding the health, care, taking and transfer of raptors.

NR 1.18(5) (5) Wildlife exhibits.

NR 1.18(5)(a) (a) The use of game farm birds and mammals or wildlife which cannot be released to the wild for advertising or exhibition purposes serves the public interest when the public’s general knowledge of wildlife is increased by such use.

NR 1.18(5)(b) (b) Standards for facilities and care shall be reviewed by the department to insure humane and sanitary treatment of captive birds and mammals and compliance with the animal welfare act of 1966 (P.L. 89-544), as amended.

NR 1.18(5)(c) (c) No exhibited bird or mammal may be released to the wild. Further precaution shall be taken to minimize contact between captive and free-roaming wildlife.

NR 1.18(6) (6) Propagation.

NR 1.18(6)(a) (a) Use of propagated game birds, game mammals and raptors contributes to the satisfaction of public demands by providing an alternative to the complete reliance upon wildlife populations. Habitat components beneficial to the survival of wild populations may be protected by private citizens participating in these programs.

NR 1.18(6)(b) (b) The department shall provide housing guidelines and each permittee shall implement control measures which minimize disease and potential threats to wildlife.

NR 1.18(6)(c) (c) The department may authorize the periodic taking of wildlife for breeding purposes.

NR 1.18(7) (7) Endangered and threatened species. Birds and mammals on the Wisconsin endangered and threatened species list, s. NR 27.03, may be acquired and possessed only by persons possessing a Wisconsin endangered species permit issued under s. 29.604 (6), Stats.

NR 1.18(8) (8) Scientific collection and research. Except as provided by specific rule or law, all protected wild animals, alive or dead, not listed as endangered or threatened species may be acquired and possessed only by persons possessing the appropriate scientific collectors permit issued under s. 29.614, Stats., or scientific research license issued under s. 169.25, Stats. The permits or licenses shall be issued only if the use of the wild animal provides useful scientific knowledge or educational opportunities in the natural sciences consistent with s. NR 19.11.

NR 1.18(9) (9) Veterinarians. Licensed veterinarians providing emergency treatment of wildlife or game farm birds and mammals shall not be required to possess additional department permits.

NR 1.18(10) (10) Temporary possession. Wildlife is often obtained by citizens attempting to rescue sick, injured or orphaned birds and mammals. Such person shall notify a conservation warden within 24 hours and advise of such possession.

NR 1.18(11) (11) Dog trials and dog training. The use of captive game farm birds and mammals for dog trial and training activities is consistent with sound resource management principles and provides opportunities for hunters to improve their dog handling skills and the dog’s performance during periods closed to hunting.

NR 1.18 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82; r. (2) (d), cr. (11), Register, April, 1985, No. 352, eff. 5-1-85; corrections in (7) and (8) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525; CR 05-031: am. (8) Register November 2005 No. 599, eff. 12-1-05.

NR 1.20 NR 1.20 Growing trees and shrubs.

NR 1.20(1) (1) The department shall produce and make available from state-operated nurseries trees and shrubs of suitable species and size to be planted in the state of Wisconsin for forestry and other types of conservation projects. No trees or shrubs intended for private ornamental or landscape planting shall be sold by the department.

NR 1.20(2) (2) The following guidelines shall be adhered to:

NR 1.20(2)(a) (a) No trees or shrubs over 5 years of age or more than once transplanted shall be produced for general distribution by state-operated nurseries.

NR 1.20(2)(b) (b) Species grown shall be limited to trees and shrubs normally used for forestry and wildlife plantings.

NR 1.20(2)(c) (c) No shipment of less than 500 trees will be made to an applicant. However, “wildlife packets”, including trees and shrubs and tree packets for windbreaks, shelterbelts and erosion control in quantities of not less than 250 trees or shrubs shall be made available where practicable.

NR 1.20(2)(d) (d) No trees or shrubs shall be made available to commercial or municipal nurseries for lining out stock or other nursery purposes.

NR 1.20(2)(e) (e) Nursery stock produced in state-operated nurseries may not be utilized for the commercial production of Christmas trees.

NR 1.20(2)(f) (f) Trees and shrubs may be purchased for education and public awareness purposes by educational institutions, youth groups (such as 4-H, future farmers, boy scouts, girl scouts and similar vocational or character building organizations), and nonprofit organizations for planting, provided the department is assured the project will have adequate supervision.

NR 1.20(2)(g) (g) All trees and shrubs distributed for planting on private lands, except as provided in par. (h), shall be purchased at prices established by the department in accordance with s. 28.06 (2), Stats.

NR 1.20(2)(h) (h) Trees and shrubs may be made available free of charge for department-sponsored forestry promotional events, university research and project respect participants, provided the department is assured the project will have adequate supervision and pending availability of nursery stock.

NR 1.20(2)(i) (i) Species inventories exceeding sales and allotments may be sold or traded with other states or the U.S.F.S.

NR 1.20(2)(j) (j) Nursery stock produced in state-operated nurseries shall be made available for reforestation purposes on county forest lands entered under s. 28.11, Stats., at 50% of the prevailing price established in accordance with s. 28.06 (2), Stats.

NR 1.20 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. (2) (e) and (h), am. (2) (f) and (g), cr. (2) (j), Register, April, 1993, No. 449, eff. 5-1-93.

NR 1.21 NR 1.21 Private forestry assistance.

NR 1.21(1) (1) Purpose. This section and ss. NR 1.211 to 1.213 contain rules for the administration of the private forestry assistance program to private, non-industrial landowners under ss. 26.35, 28.01 and 28.07, Stats. Priorities for servicing private forestry requests and a cooperative program with consulting foresters is established.

NR 1.21(2) (2) Definitions. For the purpose of this section and ss. NR 1.211 to 1.213:

NR 1.21(2)(a) (a) “Consulting forester” means a forester who provides a variety of professional forestry services to and represents private landowners on a contract or fee basis which is paid by the landowner.

NR 1.21(2)(b) (b) “Cooperating forester” means a consulting forester or industrial forester who enters into a cooperative agreement with the department relating to the providing of forestry services to private landowners.

NR 1.21(2)(c) (c) “Department” means the Wisconsin department of natural resources.

NR 1.21(2)(d) (d) “Department forester” means a person meeting the qualifications of the department and employed by the department to carry out assigned forest management responsibilities.

NR 1.21(2)(e) (e) “Forester” means a person other than one employed by the department who has received a bachelor’s or higher degree in forestry from a school of forestry with a curriculum accredited by the Society of American Foresters or an equivalent degree, as determined by the chief state forester.

NR 1.21(2)(f) (f) “Forestry firm” means a business that employs a forester or foresters and is engaged in providing forest management services to private landowners.

NR 1.21(2)(g) (g) “Industrial forester” means a forester employed by a wood-using industry, who, as part of his or her employment, provides advice and assistance to private landowners to promote approved forest management practices.

NR 1.21(2)(h) (h) “Poletimber” means those trees that range from 5 to 9 inches in diameter for conifers and 5 inches to 11 inches in diameter for all other species when measured 4.5 feet above ground level and which contain a minimum volume of 3 cords per acre.

NR 1.21(2)(i) (i) “Sawtimber” means those trees that are at least 9 inches and larger in diameter for conifers and 11 inches and larger in diameter for all other species when measured 4.5 feet above ground level and which contain a minimum volume of 1300 board feet per acre.

NR 1.21 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. Register, July, 1989, No. 403, eff. 8-1-89; am. (2) (d), Register, May, 1994, No. 461, eff. 6-1-94; renum. (2) (a) to (f), (i) and (j) to be (2) (b) to (f), (a), (h) and (i) and am. (2) (a), (b) and (e), am. (2) (g), r. (2) (h), Register, February, 1996, No. 482, eff. 3-1-96; CR 07-011: am. (2) (e), Register October 2007 No. 622, eff. 11-1-07.

NR 1.211 NR 1.211 Cooperative forestry policy. The department shall administer the private forestry program in a manner which will provide management assistance to owners of private forest lands.

NR 1.211(1) (1) The department shall provide technical forestry assistance on privately owned forest lands in Wisconsin.

NR 1.211(2) (2) The department may enter into agreements with any governmental agency, public or private corporation or private owner to achieve improved forest land management.

NR 1.211(3) (3) The private forestry program shall focus on leadership in forestry through management planning, demonstration, education and coordination of forestry activities. The department shall strive to reach a large number of people and effect forest management on the most acreage as is reasonably possible.

NR 1.211(4) (4) Department foresters shall cooperate with other professional foresters, groups and individuals to influence and encourage forest land management.

NR 1.211(5) (5) Department foresters shall recommend integrated management principles that enhance forests, wildlife, aesthetics, recreation and watershed protection through applied silvicultural practices.

NR 1.211(6) (6) The concept of multiple-use of forest lands will be utilized to assure maximum public benefits of wood production, wildlife management, improved watershed protection, recreational use and aesthetics.

NR 1.211(7) (7) Department efforts shall be concentrated on those activities having the greatest potential of providing for present or future multiple use and public economic benefits.

NR 1.211 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89.

NR 1.212 NR 1.212 Private forestry priorities for assistance. Department foresters shall comply with the following priorities in providing assistance to and responding to requests for assistance from private landowners within the resources available and normal work plan:

NR 1.212(1) (1) Priority I activities. The following activities, listed in order of significance, shall be the highest priority for department foresters providing private forestry assistance except that department foresters may exercise discretion in applying the priorities within this subsection and sub. (2) based on statutory requirements, seasonal needs and scheduling efficiency:

NR 1.212(1)(a) (a) A first time request from a landowner for management guidance including an assessment of the landowner’s objectives, a walk-through or cruise of the property, educational and advisory information, written management recommendations or referral to other resource professionals.

NR 1.212(1)(b) (b) Timber sale guidance including forest reconnaissance, a written harvest prescription or a referral to other resource professionals.

NR 1.212 Note Note: Timber sale guidance is distinguished from timber sale marking, which is listed in sub. (2) (a).

NR 1.212(1)(c) (c) Administration and oversight of the forest tax laws including review of petitions for eligibility, preparation of management plans, mandatory practices follow up and enforcement of the provisions of the law.