Chapter NR 16

NR 16.30 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03; CR 05-031: am. (4) (a) 2. f. and (b) 2. a. and c. Register November 2005, No. 599, eff. 12-1-05; CR 05-104: am. (1) Register June 2007 No. 618, eff. 7-1-07; CR 09-052: am. (2) (a), (4) (a) 2. d., (9) (b) (intro.) and (c) 2., cr. (4) (a) 2. g., (9) (b) 3. and 4. Register June 2010 No. 654, eff. 7-1-10; CR 16-035: am. (9) (b) (intro.), r. (9) (b) 3., 4., am. (9) (c) 1., 2. Register July 2017 No. 739, eff. 8-1-17.

NR 16.35 NR 16.35 Exhibition of captive wild animals.

NR 16.35(1) (1) Applicability. This section applies to exhibition of live captive wild animals under the authority of a captive wild animal farm license provided in s. 169.15, Stats.; nonprofit educational exhibiting license provided in s. 169.25, Stats.; and nonresident temporary exhibiting license provided in s. 169.27, Stats.

NR 16.35(2) (2) Pen requirement.

NR 16.35(2)(a) (a) Pen size. All captive wild animals shall be confined at all times to pens meeting the specifications and requirements of s. NR 16.30 except as otherwise provided by this chapter.

NR 16.35(2)(b) (b) Proper care. All captive wild animals held in captivity shall be 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 16.35(3) (3) Cleaning, sanitization, housekeeping and pest control.

NR 16.35(3)(a) (a) Waste. Excreta and food waste shall be removed from primary enclosures and from under primary enclosures as often as necessary to prevent an excessive accumulation.

NR 16.35(3)(b) (b) Cleaning. Primary enclosures and food and water receptacles shall be cleaned and sanitized at least once every 2 weeks and more often if necessary to prevent an accumulation of dirt, debris, food waste, excreta and other disease hazards. Pens, runs and outdoor housing areas using materials that may not be sanitized, such as gravel, sand, grass, earth or absorbent bedding, shall be sanitized by removing the contaminated material as necessary to prevent odors, diseases, pests, insects and vermin infestation.

NR 16.35(4) (4) Traveling wildlife exhibits. Except as allowed under sub. (7), all captive wild animals being exhibited shall be confined at all times to pens meeting the specifications of s. NR 16.38.

NR 16.35(5) (5) Display of license. Any person who is authorized to exhibit captive wild animals shall publicly display a copy of the license at the place of the exhibit.

NR 16.35(6) (6) Labels. Each pen shall be labeled for the information of the public with the proper common name, in English, of the captive wild animals confined in the pen.

NR 16.35(7) (7) Exceptions to pen requirements. Captive wild animals, except large captive wild animals subject to s. NR 16.30 (4) (a) that are greater then 3 months of age and venomous snakes, may be used in interactive sessions outside of the enclosure provided:

NR 16.35(7)(a) (a) Compliance with federal regulations. The licensee, unless exempt under 9 CFR 2.1, is licensed by United States department of agriculture under 9 CFR 2.1 to exhibit animals.

NR 16.35(7)(b) (b) Handling of animals during interactive sessions. The licensee follows all of the requirements identified in 9 CFR 2.131.

NR 16.35(8) (8) Guard rails. Pens containing animals listed in s. NR 16.30 (4) shall be surrounded on the side or sides where the public may approach them by substantial guard rails not less than 3 feet in height. Guard rails shall be well supported and fully enclosed with not greater than 6 inch square fencing and shall be erected not less than 3 feet from the pens in which the captive wild animals are confined. Pens, guard rails and fencing shall be kept in good repair at all times and all gates and doors shall be kept securely locked.

NR 16.35(9) (9) Harmful wild animals. Harmful wild animal as defined in s. NR 16.11, shall only be exhibited at the location authorized on the license. Any exhibition of a harmful wild animal at an alternate location requires special written approval from the department.

NR 16.35 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03.

NR 16.38 NR 16.38 Pen specifications for transportation.

NR 16.38(1) (1) Transportation enclosures. Any person subject to ch. 169, Stats., may not transport a live captive wild animal unless the following requirements are met:

NR 16.38(1)(a) (a) Construction of transportation enclosures. The captive wild animal shall be contained in a transportation enclosure such as a compartment, transport cage, carton or crate. Transportation enclosures used to transport captive wild animals shall be constructed to meet all of the following requirements:

NR 16.38(1)(a)1. 1. The transportation enclosure is strong enough to contain the captive wild animals securely and comfortably and to withstand the normal rigors of transportation.

NR 16.38(1)(a)2. 2. Transportation enclosures used to transport live captive wild animals shall be large enough to ensure that each animal contained in the transportation enclosure has enough space to turn about normally while standing, to stand and sit erect, and to lie in a natural position.

NR 16.38(1)(a)3. 3. The interior of the transportation enclosure shall have no sharp points or edges and no protrusions that could injure the captive wild animal contained within it.

NR 16.38(1)(a)4. 4. The captive wild animal is at all times securely contained within the enclosure and may not put any part of its body outside the enclosure in a way that could result in injury to itself, to handlers, or to persons or animals nearby.

NR 16.38(1)(a)5. 5. The captive wild animal may be easily and quickly removed from the enclosure in an emergency.

NR 16.38(1)(a)6. 6. Unless the enclosure is permanently affixed to the conveyance, adequate devices such as handles or handholds are provided on its exterior which ensure that anyone handling the enclosure will not come into physical contact with the captive wild animal contained inside.

NR 16.38(1)(a)7. 7. The transportation enclosure shall have ventilation openings located on at least 2 opposing walls of the transportation enclosure and the openings shall be at least 16% of the surface area of each wall, and the total combined surface area of the ventilation openings shall be at least 14% of the total combined surface area of all the walls of the transportation enclosure.

NR 16.38(1)(a)8. 8. The transportation enclosure has a solid bottom or a slatted or wire mesh floor designed and constructed so that the captive wild animals’ feet and legs are not allowed to pass between the slats or through the holes in the mesh.

NR 16.38(1)(a)9. 9. Transportation enclosures used to transport captive wild animals shall be positioned in the transportation conveyance so as to provide protection from the elements.

NR 16.38(1)(b) (b) Cleaning of transportation enclosures. A transportation enclosure used to hold or transport captive wild animals in commerce shall be cleaned and sanitized before each use. If the captive wild animals are in transit for more than 24 hours, the enclosures shall be cleaned to prevent the soiling of the animals by body wastes. If it becomes necessary to remove the captive wild animal from the enclosure in order to clean, or to move the animal to another enclosure, this procedure shall be completed in a way that safeguards the animal from injury and prevents escape.

NR 16.38(1)(c) (c) Compatibility.

NR 16.38(1)(c)1. 1. Live captive wild animals transported in the same transportation enclosure shall be of the same species and be maintained in compatible groups.

NR 16.38(1)(c)2. 2. Captive wild animals that are overly aggressive or exhibit a vicious disposition shall be transported individually in a transportation enclosure.

NR 16.38 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03.

NR 16.45 NR 16.45 Farm-raised deer; white-tailed deer, specifications.

NR 16.45(1) (1) Fencing specification. Any person who keeps farm-raised deer that are white-tailed deer shall keep the farm-raised deer enclosed by a perimeter fence that meets all of the following requirements:

NR 16.45(1)(a) (a) Fencing height and material. The fence shall be at least 8 feet high measured from the ground to the top horizontal wire and shall be a high tensile fence that satisfies par. (b), a woven wire fence that satisfies par. (c) or, if made of other materials, is of a design and level of strength that provides equivalent retentive capacity. Fences constructed and approved prior to January 1, 2003 need only be 7′10″ in height. All fences shall extend all the way to the ground.

NR 16.45(1)(b) (b) High tensile fence. A high tensile fence satisfies the requirements of this subsection if all the following apply:

NR 16.45(1)(b)1. 1. The horizontal line wires are not less than 2.5 millimeters in size and are heavily galvanized high tensile wire.

NR 16.45(1)(b)2. 2. The vertical stay wires are not less than 2.5 millimeters in size and are heavily galvanized medium tensile wire.

NR 16.45(1)(b)3. 3. The knot wire is not less than 2.24 millimeters in size and is heavily galvanized mild steel.

NR 16.45(1)(b)4. 4. The distance between vertical stay wires is not more than 6 inches.

NR 16.45(1)(b)5. 5. The distance between horizontal line wires is not more than 4 inches in the bottom foot of the fence, is not more than 6.5 inches in the next 2 feet of the fence and is not more than 8.5 inches in the rest of the fence.

NR 16.45(1)(b)6. 6. The posts are not more than 20 feet apart.

NR 16.45(1)(c) (c) Woven wire fence. A woven wire fence shall satisfy the requirements of this subsection if all of the following apply:

NR 16.45(1)(c)1. 1. The wire is 14½ gauge or heavier.

NR 16.45(1)(c)2. 2. If the wire is 14½ gauge, the mesh is not larger than 36 square inches.

NR 16.45(1)(c)3. 3. If the wire is heavier than 14½ gauge, the mesh is not larger than 48 square inches.

NR 16.45(1)(c)4. 4. The distance between horizontal line wires is not more than 4 inches in the bottom foot of the fence, is not more than 6.5 inches in the next 2 feet of the fence and is not more than 8.5 inches in the rest of the fence.

NR 16.45(1)(c)5. 5. The posts are not more than 12 feet apart.

NR 16.45(1)(d) (d) Wooden posts. If the fence is made of wooden posts, all of the following shall apply:

NR 16.45(1)(d)1. 1. The post shall be at least 12 feet long.

NR 16.45(1)(d)2. 2. The top of the line posts shall, if rectangular, be at least 3.5 inches in the smallest dimension or, if round, at least 3.5 inches in diameter.

NR 16.45(1)(d)3. 3. The top of the corner and gate posts shall, if rectangular, be at least 5.5 inches in the smallest dimension or, if round, at least 5.5 inches in diameter.

NR 16.45(1)(d)4. 4. The wires shall be held securely to the inside of the posts, allowing for free movement of the horizontal line wires, using 9 gauge staples of at least 1.5 inch size.

NR 16.45(1)(e) (e) Steel or iron posts. If the fence is made with steel or iron posts, the posts shall be at least 12 feet long.

NR 16.45(1)(f) (f) Installation of wire. The wires are installed on the side of the fence toward the farm-raised white-tailed deer except at corners.

NR 16.45(1)(g) (g) Additions to fences. Additions to an existing perimeter fence or portion of an existing perimeter fence shall meet the 8 foot height requirement if constructed after January 1, 2003.

NR 16.45(1)(h) (h) Gates. All gates shall remain closed and secured to prevent unauthorized access and opening of the gates, except when authorized persons or equipment are traveling through the gates.

NR 16.45(1)(i) (i) Corridors. A corridor at least 4 feet wide shall be maintained along the inside or outside of all perimeter fences to allow regular inspections of the fence by the deer farm operator or the department with the use of a vehicle.

NR 16.45(2) (2) Fence requirements. No person may maintain a perimeter fence that contains farm-raised white-tailed deer unless one of the following applies:

NR 16.45(2)(a) (a) The farm-raised white-tailed deer are enclosed by a perimeter fence that meets the requirements established in sub. (1) (a) to (i).

NR 16.45(2)(b) (b) The farm-raised white-tailed deer are enclosed by double perimeter fences or by one solid perimeter fence meeting the following standards:

NR 16.45(2)(b)1. 1. If a double perimeter fence is used, both shall meet the requirements established in sub. (1) (a) to (i) and the 2 fences shall be at least 8 feet but not more than 16 feet apart.

NR 16.45(2)(b)2. 2. Solid perimeter fences shall meet the requirements established in sub. (1) (a) to (i) and the lower 7 feet of the fence shall be covered with solid material that prevents animals on opposite sides of the fence from making visual or physical contact. The solid perimeter fence shall contain at least one single strand electrified wire on the inside or the outside of the entire length of the perimeter fence at a height of 3 feet and shall be at a distance of 2 feet from the main fence.

NR 16.45(3) (3) Minimum size. A farm-raised white-tailed deer farm exterior fence may not enclose less than ½ acre or 21,780 square feet.

NR 16.45(4) (4) Exceptions. The use of materials, other than those specified in this section for deer farm boundary fence construction may be permitted by the department if the materials are found to exceed minimum specifications and the fence is sufficient to hold the deer inside the enclosure.

NR 16.45(6) (6) Notice of fence expansion or replacement. No person may enclose white-tailed deer within any fenced enclosure which has had the perimeter fence expanded or replaced after its initial fence inspection certificate has been issued without first filing a notice and description of the expansion or replacement with the department prior to enclosing any white-tailed deer within the new fence. The department shall inspect and approve the new fence before it can be used to enclose farm-raised deer that are white-tailed deer. The notice shall include the following:

NR 16.45(6)(a) (a) Name and address of the farm-raised white-tailed deer farmer.

NR 16.45(6)(b) (b) Location of the facility if different then the address in par. (a).

NR 16.45(6)(c) (c) Farm-raised white-tailed deer farm registration number.

NR 16.45(6)(d) (d) Number of additional fenced acres that will contain white-tailed deer.

NR 16.45(6)(e) (e) Lineal footage of replaced or additional fencing.

NR 16.45(6)(f) (f) Description of the type of fences to be installed.

NR 16.45(6)(g) (g) Expected construction beginning and ending dates and desired date to enclose deer within the fence.

NR 16.45 Note Note: Routine maintenance and minor repairs to existing wire, posts and gates, that do not result in the total replacement of a section of perimeter fence, do not need to be reported to the department and if constructed and approved prior to January 1, 2003, may remain at a 7’10” in height. Notice of fence expansion does not need to occur before construction begins.

NR 16.45(7) (7) Reporting of fence failures and escapes. Any time a fence required by s. 90.21, Stats., fails to comply with the requirements of this section or from which a farm-raised deer that is a white-tailed deer escapes, the person issued the fence certificate shall notify the department of the fence failure or escape. The notification shall take place immediately if possible but not later than 24 hours after the person is aware the fence failure or escape has occurred and shall include what action will be taken.

NR 16.45 Note Note: Notification of fence failures or escapes should be made to the local conservation warden or wildlife manager in the county the fence failure or escape occurs, or by calling the department’s hotline at 1-800-847-9367.

NR 16.45(8) (8) Exemptions for certain persons, zoos and institutions. Each of the following is exempt from the requirements under sub. (1) (a) if approved by the department and subs. (2), (3), and (6):

NR 16.45(8)(a) (a) A veterinarian, for the purpose of providing medical treatment to a farm-raised deer that is a white-tailed deer.

NR 16.45(8)(b) (b) A public zoo as defined under s. 169.01 (28), Stats.

NR 16.45(8)(c) (c) Research conducted under a license issued under s. 169.25, Stats.

NR 16.45(8)(d) (d) A licensed rehabilitator, for rehabilitation purposes as authorized under s. 169.24, Stats.

NR 16.45(8)(e) (e) A person who is licensed under s. 95.68 or 95.71, Stats., and who is possessing the farm-raised deer under the authority of the license.

NR 16.45(8)(f) (f) A person who is licensed under s. 95.69, Stats., and who possesses the farm-raised deer for 10 days or less and solely for the purpose of resale or slaughter.

NR 16.45 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03; CR 07-035: am. (2) (a) 1., (b) 1., (5) (a), (b), (c) 4. and (6) (h), r. (2) (b) 2. Register April 2008 No. 628, eff. 5-1-08; EmR1604: emerg. am. (2) (title), (a) (intro.), r. and recr. (a) 1., r. (2) (b), (c), (5), (6) (h), eff. 1-15-16; CR 16-026: am. (2) (title), (a) (intro.), r. and recr. (a) 1., r. (2) (b), (c), (5), (6) (h) Register April 2017 No. 736, eff. 5-1-17; renum. (2) (a) to (2) under s. 13.92 (4) (b) 1., Stats., correction in (8) (intro.) made under s. 13.92 (4) (b) 7., Stats., and correction in (2) (a) made under s. 35.17, Stats., Register April 2017 No. 736.

NR 16.46 NR 16.46 Removal of wild white-tailed deer.

NR 16.46(1) (1) Removal of wild deer. Prior to the issuance of a fence inspection certificate as provided by s. 90.21 (2), Stats., all wild white-tailed deer remaining in a fenced area after the fence surrounding the area is completely closed may be sold as authorized under s. 90.21 (4), Stats., or shall be killed in one of the following ways as determined by the department: