Chapter NR 16

NR 16.11(5)(b) (b) An owner may challenge such a determination by providing the department with genetic testing results. The department will be responsible for the costs of testing if the animal is determined to have only the DNA of domestic dogs.

NR 16.11 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03; CR 09-052: am. (1), cr. (3) to (5) Register June 2010 No. 654, eff. 7-1-10.

NR 16.12 NR 16.12 Reptiles and amphibians.

NR 16.12(1) (1) Applicability. This section applies to the collection, possession and exhibition of live or dead native wild reptiles and live or dead native wild amphibians in Wisconsin.

NR 16.12(2) (2) Possession restricted. No person may take from the wild or possess any live or dead native amphibians or reptiles or their eggs, except as provided under sub. (3) and s. NR 19.26, or turtles taken under the authority of ss. NR 19.275, 21.13 and 22.13.

NR 16.12(3) (3) Possession exemptions for native amphibians and reptiles.

NR 16.12(3)(a) (a) Endangered and threatened species. Endangered and threatened amphibians and reptiles may only be possessed as provided under s. 29.604 (6), Stats.

NR 16.12(3)(b) (b) Possession exemptions and additional restrictions.

NR 16.12(3)(b)1. 1. A person may take or possess up to 5 individuals or eggs of each species of native amphibian, lizard and snake that are not endangered or threatened, except as provided under subds. 2. to 11.

NR 16.12(3)(b)2. 2. No person may take or possess gophersnakes of the species Pituophis catenifer, North American racers of the species Coluber constrictor or gray ratsnakes of the species Pantherophis spiloides taken from within the borders of the state. Persons may possess up to 2 of each of these species if legally obtained from out-of-state.

NR 16.12(3)(b)3. 3. A person may only take or possess up to 2 individuals of the following snake species: Eastern foxsnakes of the species Pantherophis vulpinus and milksnakes of the species Lampropeltis triangulum.

NR 16.12(3)(b)4. 4. A person may possess more than the legal possession limit of lizards or snakes that result from live birth or eggs delivered while in captivity. All offspring that bring the possessed total for that species to more than the legal possession limit established in subds. 1., 2. and 3., shall be given away within 3 months of their birth or hatching. These offspring may not be sold, bartered or traded. The release of offspring to the wild is not allowed unless a written request to release is submitted to the department and a license or other authorization is issued by the department as provided under ss. 169.06 and 169.23, Stats.

NR 16.12(3)(b)5. 5. A person may take or possess up to one native amphibian egg mass or the larvae from that egg mass. These may not be sold and shall be returned to the same body of water that they were taken from immediately after transforming to the adult form, except that up to 5 transformed amphibians may be possessed.

NR 16.12(3)(b)6. 6. A person may take and possess more than 5 native northern leopard frogs of the species Lithobates pipiens, 5 mudpuppies of the species Necturus maculosus, and 5 eastern tiger salamanders of the species Ambystoma tigrinum, or native amphibians and reptiles subject to s. NR 16.13 (2) (a) if authorized by the department by a class A captive wild animal farm license issued under s. 169.15, Stats.

NR 16.12(3)(b)7. 7. A non-resident may not take or possess any native amphibian, lizards, snakes or their eggs except as authorized by s. 169.04 (3) or 169.12 (3), Stats.

NR 16.12(3)(b)8. 8. Publicly owned museums and American Zoo and Aquarium Association accredited institutions are exempt from possession and size limits.

NR 16.12(3)(b)9. 9. Accredited colleges, universities and other educational or research institutions are exempt from the possession and size limits of this section for the purpose of research and education.

NR 16.12(3)(b)10. 10. A person may take and possess more than 5 individual specimens of any native amphibian not listed as threatened or endangered, which are purchased or collected as part of a shipment of live bait by a licensed bait dealer or registered fish farmer.

NR 16.12(3)(b)11. 11. A person may possess an unlimited number and size of atypically colored or patterned native amphibians and reptiles, e.g. albinos, striped snakes that are typically blotched.

NR 16.12(3)(b)12. 12. No person may take or possess Blanding’s turtles of the species Emydoidea blandingii within the borders of the state. Persons may possess up to 2 of this species if legally obtained from out-of-state.

NR 16.12(4) (4) Exhibiting. The exhibiting of live native reptiles and amphibians possessed under the authority of sub. (3) (b) and s. NR 19.275 (2), does not require a license under s. 169.07, Stats., when those captive wild animals are exhibited exclusively for noncommercial, educational purposes.

NR 16.12 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03; CR 05-031: am. (3) (b) 8. 9. and 11. Register November 2005 No. 599, eff. 12-1-05; CR 14-025: am. (3) (b) 2., 3., 6., cr. (3) (b) 12. Register May 2015 No. 713, eff. 6-1-15.

NR 16.13 NR 16.13 Sale and purchase of reptiles and amphibians.

NR 16.13(1) (1) Applicability. This section applies to the sale and purchase of native wild reptiles and native wild amphibians in Wisconsin.

NR 16.13(2) (2) Sale. The sale of native amphibians and reptiles is prohibited except as provided in s. 169.12, Stats., or any of the following:

NR 16.13(2)(a) (a) Out-of-state collection. Native amphibians and reptiles legally collected out-of-state or purchased from out-of-state may be sold out-of-state or to an educational or research institutions in-state if the seller possesses a class A captive wild animal farm license issued under s. 169.15, Stats., to possess and sell those species.

NR 16.13(2)(b) (b) Turtles. Dead turtles and their parts harvested, killed and possessed in accordance with ss. NR 19.275, 21.13 and 22.13 may be sold during the open season.

NR 16.13 Note Note: A class A captive wild animal farm license is not required to sell legally harvested dead turtles or their parts during the open season.

NR 16.13(3) (3) Purchase. The purchase of native amphibians and reptiles is prohibited except as provided in pars. (a) to (c), and under s. 169.12, Stats.

NR 16.13(3)(a) (a) Northern leopard frogs, mudpuppies and eastern tiger salamanders. Native leopard frogs of the species Lithobates pipiens, mudpuppies of the species Necturus maculosus or eastern tiger salamanders of the species Ambystoma tigrinum collected within Wisconsin may be purchased from a seller that has been specifically authorized by a class A captive wild animal farm license issued under s. 169.15, Stats., or a bait dealers license issued under s. 29.509, Stats., to possess and sell these species.

NR 16.13 Note Note: Native reptiles and amphibians obtained by purchase count toward possession limits established in s. NR 16.12.

NR 16.13(3)(b) (b) Out-of-state collection. Educational or research institutions may purchase native amphibians and reptiles legally collected out-of-state from an out-of-state seller or by the holder of a class A captive wild animal farm license issued under s. 169.15, Stats., who is authorized to possess or sell those species in-state.

NR 16.13(3)(c) (c) Turtles. Dead turtles and their parts harvested, killed and possessed in accordance with ss. NR 19.275, 21.13 and 22.13 may be purchased during the open season.

NR 16.13 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03; CR 05-031: am. (1) Register November 2005 No. 599, eff. 12-1-05; CR 14-025: am. (3) (a) Register May 2015 No. 713, eff. 6-1-15.

NR 16.15 NR 16.15 Captive wild animal farm.

NR 16.15(1) (1) Application. This section is developed pursuant to s. 169.15, Stats., to establish qualifications and conditions for a captive wild animal farm and applies to all captive wild animal farms including commercial operations and hobbyists.

NR 16.15(2) (2) Pen requirement.

NR 16.15(2)(a) (a) Confinement. No person subject to ch. 169, Stats., may possess captive wild animals unless the animals held in captivity are confined at all times to appropriate pens except wolf-dog hybrids which are under the immediate control of a person with a leash. Wolf-dog hybrids are not allowed in a dog park or similar area which is open to the public. Pens shall meet the specifications of ss. NR 16.30 to 16.38 except as otherwise authorized by this chapter.

NR 16.15(2)(b) (b) Proper care. No person subject to ch. 169, Stats., may possess captive wild animals unless the animals held in captivity are provided proper care meeting the environmental enrichment requirements of s. NR 16.30 (7), and the animal health and husbandry requirements of s. NR 16.30 (8).

NR 16.15(2)(c) (c) Variation approval. Variations in pen construction other than specified in ss. NR 16.30 to 16.38 shall be submitted to the department and may be approved by the department if found to comply with the intent and purpose of this section.

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.