Chapter NR 8

NR 8.56   Retroactivity.

NR 8.57   Denial of applications for approvals and preference points.

Ch. NR 8 Note Note: Chapter NR 8 as it existed on December 31, 1998 was repealed and a new chapter NR 8 was created effective January 1, 1999. Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1998, No. 515.

subch. I of ch. NR 8 Subchapter I — Standards and Procedures for the Statewide Automated System

NR 8.01 NR 8.01 Definitions. In this chapter:

NR 8.01(1) (1) “Authenticated,” for purposes of s. NR 8.045, means properly linked to a customer’s statewide automated system account, as verified using department of transportation records.

NR 8.01(3) (3) “County clerk” means a county clerk as defined in s. 59.20, Stats., who has accepted an appointment as an agent of the department pursuant to s. 29.024 (6) (a) 2., Stats., to issue approvals.

NR 8.01(3m) (3m) “Digital file,” for purposes of s. NR 8.045, means a portable document format (PDF) file or Hyper Text Markup Language (HTML) file.

NR 8.01(4) (4) “License agent” means a person who is not an employee of the department but who is appointed pursuant to s. 29.024 (6), Stats., to issue approvals.

NR 8.01 History History: Cr. Register, November, 1998, No. 515, eff. 1-1-99; am. (1), Register, December, 1999, No. 528, eff. 1-1-00; CR 08-021: am. (title) and (1) Register November 2008 No. 635, eff. 12-1-08; EmR1613: emerg. r. and recr. (1), r. (2), cr. (3m), r. (5), (6), eff. 3-12-17; CR 17-061: r. and recr. (1), r. (2), cr. (3m), r. (5), (6) Register February 2018 No. 746, eff. 3-1-18.

NR 8.02 NR 8.02 Authorization to issue approvals. All license agents shall issue all department approvals or federal approvals designated by the department to be issued through the statewide automated system, except for approvals designated by the department to be issued only by the department or by specified license agents.

NR 8.02 History History: Cr. Register, November, 1998, No. 515, eff. 1-1-99; cr. (1m), Register, December, 1999, No. 528, eff. 1-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; CR 01-038: am. (2) (a) (intro.), cr. (2) (a) 6. to 8., and r. (2) (b) and (4), Register November 2001 No. 551, eff. 12-1-01; CR 08-021: am. Register November 2008 No. 635, eff. 12-1-08; EmR1613: emerg. am., eff. 3-12-16; CR 17-061: am. Register February 2018 No. 746, eff. 3-1-18.

NR 8.03 NR 8.03 License agent application; eligibility; and contract.

NR 8.03(1) (1) Application forms.

NR 8.03(1)(a) (a) Any person or county clerk wishing to become a license agent shall submit a written application to the department on forms provided by the department. The department shall review the application and determine whether the applicant shall be appointed as a license agent.

NR 8.03 Note Note: License agent application forms are available from the Department of Natural Resources Bureau of Customer Service and Licensing, 101 South Webster, P.O. Box 7924, Madison, Wisconsin 53707.

NR 8.03(1)(b) (b) Applications to become a license agent shall be accepted at any time during the year.

NR 8.03(2) (2) Eligibility criteria.

NR 8.03(2)(a) (a) Pursuant to s. 29.024 (6), Stats., all county clerks are eligible to become license agents.

NR 8.03(2)(c) (c) All license agent applicants not included in par. (a) shall be considered for approval by the department. Factors which may be considered for approval of an application include:

NR 8.03(2)(c)1. 1. Need for a license vendor in the area.

NR 8.03(2)(c)2. 2. Convenience of location of the establishment.

NR 8.03(2)(c)3. 3. Potential sales volume.

NR 8.03(2)(c)4. 4. Amount and timing of hours open for business.

NR 8.03(2)(c)5. 5. Stability of the business and personal and financial standing of the applicant.

NR 8.03(2)(c)6. 6. Availability of point of sale equipment.

NR 8.03(2)(d) (d) License agent applications that are denied shall be retained for a period of 2 years and reconsidered if another license agent is needed in that area. Applications shall also be reconsidered at the request of the applicant after a 6-month waiting period.

NR 8.03(3) (3) Contract agreements.

NR 8.03(3)(a) (a) All license agent applicants are required to sign a written contract with the department in order to become a license agent. The contract shall include but is not limited to accountability, record keeping, and payment methods.

NR 8.03(3)(c) (c) The department may rescind the license agent status of any license agent who fails to comply with all provisions of the contract.

NR 8.03 History History: Cr. Register, November, 1998, No. 515, eff. 1-1-99; CR 08-021: cr. (2) (c) 6. Register November 2008 No. 635, eff. 12-1-08; EmR1613: emerg. r. (2) (b), am. (2) (c) (intro.), r. (3) (b), eff. 3-12-16; CR 17-061: r. (2) (b), am. (2) (c) (intro.), r. (3) (b) Register February 2018 No. 746, eff. 3-1-18.

NR 8.04 NR 8.04 Forms of approvals.

NR 8.04(1) (1) Application and approval requirements.

NR 8.04(1)(a) (a) An applicant shall provide appropriate identification and update all personal information as indicated by the department’s license issuance manual when applying for an approval. In addition, an applicant shall sign the purchase receipt attesting to his or her residency and that his or her privileges for all approvals issued have not been suspended or revoked.

NR 8.04 Note Note: The department’s license issuance manual is available from the Department of Natural Resources’ Bureau of Customer Service and Licensing, 101 South Webster, P.O. Box 7924, Madison, Wisconsin 53707.

NR 8.04(1)(b) (b) An applicant shall sign the issued approval, if required by the department on the approval form, before exercising any privileges authorized by the approval.

NR 8.04(1)(c) (c) Pursuant to s. 29.024 (5), Stats., the license agent is not required to sign the approval.

NR 8.04(2) (2) Stamps and their facsimiles.

NR 8.04(2)(a) (a) Privileges conferred by the purchase of a waterfowl stamp under s. 29.191 (1), Stats., turkey stamp under s. 29.164, Stats., pheasant stamp under s. 29.191 (2), Stats., trout stamp under s. 29.2285 (1), Stats., or salmon stamp under s. 29.2285 (2), Stats., shall be in the form of a written authorization imprinted on the issued approval.

NR 8.04(2)(b) (b) Persons purchasing privileges conferred under par. (a) may obtain a stamp at no additional charge from the department by doing one of the following:

NR 8.04(2)(b)1. 1. Presenting the approval in person at a department office where counter services are provided or at a designated county clerk’s office.

NR 8.04(2)(b)2. 2. Submitting a request to the department through the mail, electronically or by phone.

NR 8.04 History History: Cr. Register, November, 1998, No. 515, eff. 1-1-99; correction in (1) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; corrections in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2008 No. 627; CR 08-021: am. (1) Register November 2008 No. 635, eff. 12-1-08; CR 10-051: am. (2) (b) 1., r. and recr. (2) (b) 2. Register December 2010 No. 660, eff. 1-1-11; EmR1613: emerg. am. (1) (a), (b), eff. 3-12-16; CR 17-061: am. (1) (a), (b) Register February 2018 No. 746, eff. 3-1-18.

NR 8.045 NR 8.045 Forms of proof; reprints.

NR 8.045(1) (1) Pursuant to s. 23.47 (1), Stats., this subsection establishes that only the following, issued or authenticated through the statewide automated system, may be used in lieu of the original approval document to provide proof of authorization to engage in the activities in pars. (a) to (d):

NR 8.045(1)(a) (a) For any of the following: hunting licenses, hunting stamps, goose permits, wild turkey harvest authorizations, deer harvest authorizations, fisher harvest authorizations, otter harvest authorizations, and trapping licenses, authorized under subch. III of ch. 29, Stats., as published on January 5, 2017, except licenses and stamps authorized by s. 29.2297, Stats.; fishing licenses and fishing stamps, authorized under subch. III of ch. 29, Stats., as published on January 5, 2017, only while fishing on inland waters that are not boundary waters; disabled trolling, hunting and fishing permits issued under s. 29.193, Stats.; guide licenses authorized under s. 29.512, Stats.; certificates of accomplishment authorized under ss. 29.591, 29.595, and 29. 597, Stats.; and wild rice harvest licenses authorized under s. 29.607 (3):

NR 8.045(1)(a)1. 1. A reprint, as designated under sub. (3), of the original approval document issued by the department or agent appointed under s. 29.024 (6) (a), Stats.

NR 8.045(1)(a)2. 2. A conservation card issued under s. 23.47 (2), Stats.

NR 8.045(1)(a)3. 3. An authenticated, current, non-expired Wisconsin operator’s license issued by the department of transportation, of the type required under s. 343.18 (1), Stats.

NR 8.045(1)(a)4. 4. A discernible and easily viewable image produced by a digital file issued by the department, displayed on any electronic device, including a cellular telephone, in a manner that permits a law enforcement officer to complete a meaningful inspection of such image for purposes of establishing compliance with s. 29.024 (1), Stats.

NR 8.045(1)(b) (b) For fishing licenses and fishing stamps, authorized under subch. III of ch. 29, Stats., as published on January 5, 2017, while fishing on the waters that are boundary waters or while fishing on the waters that are outlying waters, a reprint, as designated under sub. (3), of the original approval document issued by the department or agent appointed under s. 29.024 (6) (a), Stats.

NR 8.045(1)(c) (c) For any of the following: safety certificates required under ss. 23.33 (5) (b), 23.335 (13), 30.678, and 350.05, Stats.; a temporary trail use receipt authorized under s. 23.33 (2j), 23.335 (6) or 350.12 (3j), Stats., and a temporary operating receipt authorized under ss. 23.33 (2) (ig) 1. b., 23.335 (4) (c) 4., 30.52 (1m) (ag) 1. a., and 350.12 (3h) (ag) 1. b., Stats.; and wild ginseng licenses authorized under s. 29.611, Stats.:

NR 8.045(1)(c)1. 1. A reprint, as designated under sub. (3), of the original approval document issued by the department or agent appointed under s. 29.024 (6) (a), Stats.

NR 8.045(1)(c)2. 2. A discernible and easily viewable image produced by a digital file issued by the department, displayed on any electronic device, including a cellular telephone, in a manner that permits a law enforcement officer to complete a meaningful inspection of such image for purposes of establishing compliance with the requirement to exhibit proof of the certificate.

NR 8.045(1)(d) (d) For an approval issued as a unique carcass tag for bear, grouse, or sturgeon that has not been validated or used to harvest an animal, a reprint, as designated under sub. (3), of the original approval document issued by the department or agent appointed under s. 29.024 (6) (a), Stats.

NR 8.045 Note Note: Once an individual has harvested a bear, grouse, or sturgeon under the authority of a unique carcass tag, the tag is no longer eligible to be reprinted.

NR 8.045(2) (2) For any approval not specifically enumerated in sub. (1), no alternative forms of proof are permitted.

NR 8.045(3) (3) Pursuant to s. 23.47 (3), Stats., for a license, stamp, certificate, harvest authorization or tag for which a reprint is authorized as proof of authorization under sub. (1), an approval holder may cause their original approval document to be reprinted by doing any of the following:

NR 8.045(3)(a) (a) Utilizing a digital file issued by the department to produce a high-quality printed hard-copy that facilitates meaningful inspection by a law enforcement officer.

NR 8.045(3)(b) (b) Requesting the department to produce a printed hard-copy at a service center.

NR 8.045(3)(c) (c) Requesting an agent appointed under ss. 29.024 (6) (a) 2. or 3., Stats., to produce a printed hard-copy, if the approval is of the type the agent is authorized to issue.

NR 8.045(4) (4) Any tag or harvest authorization that is identified by a unique number is a unique carcass tag or harvest authorization that remains as a singular harvest approval regardless of the number of reprints generated. Every reprint that bears an identical unique number collectively represent one authorization to harvest an animal; once an animal has been harvested under the authority of the harvest approval, all of the reprints are considered filled and the tag or harvest authorization is no longer valid.

NR 8.045 History History: EmR1613: emerg. cr., eff. 3-12-16; CR 17-061: cr. Register February 2018 No. 746, eff. 3-1-18; correction in (1) (intro.), (a) (intro.), (c) (intro.) made under s. 35.17, Stats., Register February 2018 No. 746, eff. 3-1-18; CR 19-146: am. (1) (a), (d), (3) (intro.), (4) Register June 2020 No. 774, eff. 7-1-20; CR 20-087: am. (1) (a) Register August 2021 No. 788, eff. 9-1-21.

NR 8.06 NR 8.06 Purchasing a ch. 29, Stats., approval for another person.

NR 8.06(1) (1) Except as prohibited in sub. (2), an individual may purchase an approval for another if the purchaser submits an application form completed and signed by the applicant except that:

NR 8.06(1)(a) (a) A parent or guardian of a child under the age of 18 may purchase an approval on behalf of a child under 18 years of age. A parent or guardian shall sign a purchase receipt under s. NR 8.04 (1) (a) on behalf of the child before the parent or guardian receives the approval.

NR 8.06(1)(b) (b) Stamp approvals may be purchased for another person if a customer identification number is provided.

NR 8.06(2) (2) An individual may not purchase an approval for another person when there is a limited quantity of approvals available, except a parent or guardian may purchase an approval for their child under the age of 18.

NR 8.06(3) (3) A person purchasing an approval for another person as provided in this section may purchase the approval from any license agent.

NR 8.06 History History: Cr. Register, November, 1998, No. 515, eff. 1-1-99; CR 01-038: am. (1), Register November 2001 No. 551, eff. 12-1-01; CR 08-021: am. Register November 2008 No. 635, eff. 12-1-08.

NR 8.07 NR 8.07 Variances. The department may approve a variance from nonstatutory requirements of this chapter upon request when the department determines that the variance is essential to accomplish the objectives of the statewide automated system and where special circumstances make the variances in the best interest of the program. Before granting a variance, the department shall take into account factors such as good cause and circumstances beyond the control of the requester.

NR 8.07 History History: Cr. Register, November, 1998, No. 515, eff. 1-1-99; EmR1613: emerg. am., eff. 3-12-16; CR 17-061: am. Register February 2018 No. 746, eff. 3-1-18.

subch. II of ch. NR 8 Subchapter II — Procedures for Revocation of Hunting, Fishing and Trapping Approvals

NR 8.50 NR 8.50 Purpose. This subchapter is adopted to establish consistent standards for implementing the provisions of the wildlife violator compact under s. 29.03, Stats., and the revocation requirements of s. 29.972, Stats. The intent is to ensure all violator’s whose hunting, fishing or trapping privileges and approvals have been revoked by a court or the department as the result of a violation or for failure to appear or pay a fine or forfeiture in this or another participating state are notified of the violator’s revocation status and of the violator’s appeal rights.

NR 8.50 History History: CR 07-056: cr. Register March 2008 No. 627, eff. 4-1-08.

NR 8.51 NR 8.51 Definitions. For the purpose of this subchapter:

NR 8.51(1) (1) “Clerk” means the clerk of the circuit court with jurisdiction over a wildlife-related violation.

NR 8.51(2) (2) “Citation” has the meaning given in s. 29.03 (2) (a), Stats., and includes summons and complaints issued by a district attorney for a wildlife-related violation.

NR 8.51(3) (3) “Convicted” or “conviction” has the meaning given in s. 29.03 (2) (d), Stats.

NR 8.51(4) (4) “Department” means the department of natural resources.

NR 8.51(5) (5) “Last known address” means the address provided by the violator to the officer issuing the citation or a more current address if provided by the violator.

NR 8.51(6) (6) “Mail” means to send a letter by first class mail to the person’s last known address.

NR 8.51(7) (7) “Notice of compliance” means documentation issued by the clerk or a participating state that a violator has resolved a citation, summons or complaint subject to this subchapter.

NR 8.51(8) (8) “Notice of noncompliance” means documentation issued by the clerk or a participating state that a violator has not resolved a citation, summons or complaint subject to this subchapter.

NR 8.51(9) (9) “Notice of revocation by the department” means confirmation that a violator has failed to resolve a citation, summons or complaint and that such inaction will result in the revocation of that person’s hunting, fishing and trapping licenses, privileges and approvals.

NR 8.51(10) (10) “Notice of revocation by the court” means confirmation that a person’s hunting, fishing or trapping privileges or approvals have been suspended or revoked by the court as provided or required under s. 29.971, Stats., or in lieu of an order of imprisonment under s. 23.795 (1) (a), Stats., for a violation of ch. 29, Stats., for which the person failed to comply with or take action to resolve the citation, summons or complaint through an appearance in court or through the payment of all required forfeitures, fines, costs, and surcharges.

NR 8.51(11) (11) “Participating state” has the meaning given in s. 29.03 (2) (j), Stats.

NR 8.51(12) (12) “Privileges” means ability to hunt, fish or trap wild animals in this state, or purchase, obtain, or apply for any approval or preference points related to hunting, fishing or trapping of wild animals.