Chapter NR 8

NR 8.52 Note Note: A clerk of court and the department shall consider a revocation under s. 29.972 (2), Stats., to be resolved when the violator complies with the order of the court, the judgment is satisfied, or the court orders the revocation of the person’s ch. 29, Stats., privileges or approvals under the authority of s. 29.971, Stats., or in lieu of an order of imprisonment under s. 23.795 (1) (a), Stats.

NR 8.52(1)(e) (e) Appeals and request for a hearing.

NR 8.52(1)(e)1. 1. The opportunity for an administrative appeal of a revocation by the department pursuant to s. 29.972, Stats., shall be limited to the issues specified in s. 29.972 (1) (a) to (c), Stats.

NR 8.52(1)(e)2. 2. If the revocation is upheld, the violator must then proceed to resolve the court case with the revocation remaining in effect.

NR 8.52(1)(e)3. 3. If the revocation is overturned for any reason, the matter is terminated and the revocation order vacated.

NR 8.52 Note Note: The question of guilt or innocence regarding the original charge or good cause for failing to resolve the matter will not be a subject of hearings held under the provisions of this section. Appeals shall be subject to the procedures under s. 227.42, Stats., which shall be limited to the issues specified in s. 29.972 (1) (a) to (c), Stats.

NR 8.52 Note Note: Pursuant to s. 29.972 (1) (a) to (c), Stats., the opportunity for an administrative appeal to the department are limited to the issue of whether the violator:

NR 8.52 Note (a) Failed to respond to a summons under s. 23.66 (3) or 23.67 (4), Stats., or a warrant or summons under s. 968.04, Stats., or

NR 8.52 Note (b) Failed to appear on the court date set under s. 23.72 or 23.75, Stats., unless the person makes a deposit under s. 23.66, Stats., or makes a deposit and stipulation under s. 23.67, Stats., or

NR 8.52 Note (c) Failed to appear before the court and is subject to a bench warrant under s. 968.09, Stats.

NR 8.52(1)(f) (f) Exemption. This subsection does not apply to a violator who prior to April 1, 2008 failed to do any of the following in response to a wildlife-related violation that occurred in this state:

NR 8.52(1)(f)1. 1. Failed to respond to a summons under s. 23.66 (3) or 23.67 (4), Stats., or a warrant or summons under s. 968.04, Stats., or

NR 8.52(1)(f)2. 2. Failed to appear on the court date set under s. 23.72 or 23.75, Stats., or makes a deposit and stipulation under s. 23.67, Stats., or

NR 8.52(1)(f)3. 3. Failed to appear before the court and is subject to a bench warrant under s. 968.09, Stats.

NR 8.52(2) (2) Violations occurring in a participating state.

NR 8.52(2)(a) (a) Receipt of notification. When the department receives a notice from a participating state that a Wisconsin resident has been charged with a wildlife-related violation in the participating state and has failed to respond to the citation, summons or complaint, or failed to appear before the court with jurisdiction, or failed to pay the fine or forfeiture imposed for the violation, the wildlife violator compact administrator or designee shall do all of the following:

NR 8.52(2)(a)1. 1. Mail the violator a notice of revocation by the department which informs the violator of the department’s receipt of a notice of noncompliance from the participating state and of the requirements of the wildlife violator compact pursuant to s. 29.03, Stats. The notice of revocation shall include the following information:

NR 8.52(2)(a)1.a. a. The violator’s full name, date of birth, if known, and last known address.

NR 8.52(2)(a)1.b. b. Description and date of the violation, including citation or case number.

NR 8.52(2)(a)1.c. c. Action of the court.

NR 8.52(2)(a)1.d. d. Procedures to be followed to resolve the matter with the court.

NR 8.52(2)(a)1.e. e. Name, address and telephone number of the court with jurisdiction in the participating state.

NR 8.52(2)(a)1.f. f. Revocation requirement of s. 29.03, Stats., of all hunting, fishing and trapping licenses, privileges and approvals if the matter is not resolved.

NR 8.52(2)(a)1.g. g. The effective date of the revocation, which shall be 21 days after issuance of the notice.

NR 8.52(2)(a)1.h. h. That revocation will not occur if the department receives a notice of compliance before the revocation effective date.

NR 8.52(2)(a)1.i. i. That once a revocation has become effective, the revocation may only be lifted upon the department’s receipt of a written notice of the compliance from the participating state in which the violation occurred.

NR 8.52(2)(b) (b) Administrative revocation by the department. When a violator fails to resolve the matter within 21 days of the date the notice of revocation by the department was issued, the department shall revoke all the violator’s hunting, fishing and trapping privileges and approvals and the department’s wildlife violator compact administrator or designee shall do all of the following:

NR 8.52(2)(b)1. 1. Forward a copy of the notice of revocation by the department to the participating state.

NR 8.52(2)(b)2. 2. Enter the person’s identifying information and beginning date of the revocation of all the violator’s hunting, fishing and trapping privileges and approvals into the department’s statewide automated system.

NR 8.52(2)(c) (c) Appeals and request for a hearing.

NR 8.52(2)(c)1. 1. The opportunity for an administrative appeal to the department shall be subject to the procedures under s. 227.42, Stats., and shall be limited to whether or not the violator did any of the following:

NR 8.52(2)(c)1.a. a. Failed to respond to a warrant or summons, or

NR 8.52(2)(c)1.b. b. Failed to appear on their court date, or

NR 8.52(2)(c)1.c. c. Failed to make a deposit or a deposit and stipulation, or

NR 8.52(2)(c)1.d. d. Failed to appear before the court and is subject to a bench warrant.

NR 8.52(2)(c)2. 2. If the revocation is upheld, the violator must then proceed to resolve the court case with the revocation remaining in effect.

NR 8.52(2)(c)3. 3. If the revocation is overturned for any reason, the matter is terminated and the revocation order vacated. In such cases the issuing state will be informed of the reason for denial.

NR 8.52 Note Note: The question of guilt or innocence regarding the original charge or good cause for failing to resolve the matter will not be a subject of hearings held under the provisions of this section.

NR 8.52(3) (3) Term of revocations.

NR 8.52(3)(a) (a) A revocation imposed under sub. (1) (b) or (c), pursuant to s. 29.972 (1), Stats., for a wildlife-related violation shall remain in effect until the department receives a notice of compliance from the clerk.

NR 8.52 Note Note: Section 29.972 (1), Stats., includes those situations where the violator does any of the following:

NR 8.52 Note (a) Fails to respond to a summons under s. 23.66 (3) or 23.67 (4), Stats., or a warrant or summons under s. 968.04, Stats.

NR 8.52 Note (b) Fails to appear on the court date set under s. 23.72 or 23.75, Stats., unless the person makes a deposit under s. 23.66, Stats., or makes a deposit and stipulation under s. 23.67, Stats.

NR 8.52 Note (c) Fails to appear before the court and is subject to a bench warrant under s. 968.09, Stats.

NR 8.52(3)(b) (b) A revocation imposed under sub. (2), pursuant to s. 29.03, Stats., for a wildlife-related violation in a participating state, shall remain in effect until the department receives a notice of compliance issued by the participating state.

NR 8.52(4) (4) Reinstatement of privileges and approvals. Privileges or approvals revoked pursuant to this subchapter may be reinstated by the department upon the receipt of a notice of compliance from the clerk of court or from the participating state with jurisdiction.

NR 8.52 History History: CR 07-056: cr. Register March 2008 No. 627, eff. 4-1-08; corrections in (1) (a) 3. e. and (b) 1. e. made under s. 13.92 (4) (b) 1. and 7., Stats., Register March 2008 No. 627; CR 10-051: r. (1) (d) 1. c. Register December 2010 No. 660, eff. 1-1-11; EmR1613: emerg. am. (1) (b) 2., (c) 2., (d) 2., eff. 3-12-16; CR 17-061:am. (1) (b) 2., (c) 2., (d) 2. Register February 2018 No. 746, eff. 3-1-18; CR 19-146: am. (2) (b) 2. Register June 2020 No. 774, eff. 7-1-20.

NR 8.53 NR 8.53 Court ordered revocations.

NR 8.53(1) (1) Notification.

NR 8.53(1)(a) (a) When the court revokes any of a person’s ch. 29, Stats., privileges or approvals pursuant to the penalty provisions allowed or required under s. 29.971, Stats., for a violation of s. 167.31 (3m) (a), Stats., or for failure to pay a forfeiture as authorized under ss. 938.34 (8) and (8d) (d) and 938.343 (2) and (6), Stats., the clerk shall do all of the following:

NR 8.53(1)(a)1. 1. Send a notice of revocation by the court to the department’s wildlife violator compact administrator. The notice shall include at least the following information:

NR 8.53(1)(a)1.a. a. The violator’s full name, date of birth, if known, and last known address.

NR 8.53(1)(a)1.b. b. Case number, statute, or administrative rule number violated description of violation, date of violation and county of violation.

NR 8.53(1)(a)1.c. c. The date on which any court ordered revocation of the violator’s hunting, fishing or trapping privileges and approvals ends.

NR 8.53(1)(a)2. 2. Notify the department’s wildlife violator compact administrator if there is a change in the status of the revocation before the period of revocation expires.

NR 8.53 Note Note: Revocations of ch. 29, Stats., privileges or approvals for violations of state laws not wildlife-related violations, and revocations imposed under ss. 29.024 (2g) (d) or (2r) (d), 938.17 (2) (d) 1., 938.34 (8) or (8d) (d) and 938.343 (2) or (6), Stats., or for a violation of s. 167.31 (3m) (a), Stats., are not subject to the provisions of the wildlife violator’s compact under s. 29.03, Stats.

NR 8.53 Note Note: Notices may be mailed to the: Department of Natural Resources, Wildlife Violator Compact Administrator, P.O. Box 7921, Madison, WI 53707-7921, or by FAX at [phone]. An e-mail address for the Compact Administrator may be obtained by calling the department’s call center at 1-888-936-7463.

NR 8.53(2) (2) Term of revocation. Under this section, the term of the revocation is the period specified by the court or required under s. 29.971, Stats., starting on the date of conviction.

NR 8.53 History History: CR 07-056: cr. Register March 2008 No. 627, eff. 4-1-08.

NR 8.54 NR 8.54 Revocations imposed in a participating state.

NR 8.54(1) (1) Receipt of notification.

NR 8.54(1)(a) (a) When the department receives written or electronic notice from a participating state that the participating state has suspended or revoked a violator’s hunting, fishing or trapping privileges or approvals in the participating state, the department shall revoke the violator’s hunting, fishing or trapping privileges and approvals in this state and the department’s wildlife violator compact administrator or designee shall do all of the following:

NR 8.54(1)(a)1. 1. Maintain a record of the notification.

NR 8.54(1)(a)2. 2. Enter the violator’s identifying information and revocation status into the department’s statewide automated system if not already entered into the system.

NR 8.54(1)(a)3. 3. If the violator is a Wisconsin resident, mail a notice to inform the violator which ch. 29, Stats., privileges and approvals have been revoked in this state as a result of the violator’s revocation in the participating state.

NR 8.54(1)(b) (b) In addition to the requirements under par. (a), the department, through the statewide automated system, shall deny applications for any hunting, fishing and trapping privileges, approvals and preference points subject to the revocation for the term of the revocation.

NR 8.54(1)(c) (c) Written or electronic notice received under this section from a participating state may not be recognized by the department unless the notice includes all of the following:

NR 8.54(1)(c)1. 1. Violator’s full name and date of birth.

NR 8.54(1)(c)2. 2. Violator’s last known address.

NR 8.54(1)(c)3. 3. Violation description along with statute or administrative rule number violated.

NR 8.54(1)(c)4. 4. Date, county and state of violation.

NR 8.54(1)(c)5. 5. Penalty imposed by the court, including the type and term of the revocation.

NR 8.54(1)(c)6. 6. Required court appearance date.

NR 8.54(2) (2) Term of revocation. A revocation in this state based upon a notice received from a participating state in accordance with s. 29.03, Stats., shall remain in effect until the term of the revocation expires or until the department receives written or electronic notification from the participating state that the revocation has been terminated, which ever comes first.

NR 8.54 History History: CR 07-056: cr. Register March 2008 No. 627, eff. 4-1-08; CR 10-051: am. (1) (a) 3. Register December 2010 No. 660, eff. 1-1-11; EmR1613: emerg. am. (1) (a) 2., (b), eff. 3-12-16; CR 17-061: am. (1) (a) 2., (b) Register February 2018 No. 746, eff. 3-1-18.

NR 8.55 NR 8.55 Wildlife violator compact notice to violators. When a person violates a wildlife-related law and is issued a citation pursuant to s. 23.53, Stats., or is served a complaint and summons pursuant s. 23.55, Stats., the issuing officer or the district attorney issuing the complaint and summons shall provide the violator with a written notice that informs the violator that Wisconsin is a member of the wildlife violator compact and what the ramifications will be if the violator’s hunting, fishing or trapping privileges or approvals are revoked in this state, or if the violator fails to appear in court, pay the required penalty or otherwise fails to resolve the citation, summons or complaint.

NR 8.55 History History: CR 07-056: cr. Register March 2008 No. 627, eff. 4-1-08.

NR 8.56 NR 8.56 Retroactivity. Revocations of hunting, trapping or fishing privileges or approvals and convictions for wildlife-related violations occurring in this state prior to April 1, 2008 or the date the state becomes a participant of the wildlife violator compact pursuant to s. 29.03 (8) (c), Stats., which ever is later, shall not be subject to the provisions of this subchapter or the wildlife violator compact.

NR 8.56 Note Note: Section 29.03 (8) (c), Stats., states the effective date of entry into the compact shall be specified by the applying state but shall not be less than 60 days after notice has been given by one of the following:

NR 8.56 Note 1. The chairperson of the board of the compact administrators;

NR 8.56 Note 2. The secretary of the board to each participating state that the resolution from the applying state has been received.

NR 8.56 History History: CR 07-056: cr. Register March 2008 No. 627, eff. 4-1-08.

NR 8.57 NR 8.57 Denial of applications for approvals and preference points. The department shall deny all applications for hunting, fishing and trapping approvals and preference points received from a violator whose hunting, fishing and trapping privileges or approvals have been revoked and are subject to this subsection until the department’s wildlife violator compact administrator has been notified in writing by the clerk or the participating state that the matter leading to the revocation has been resolved, or until the date specified by the court.

NR 8.57 History History: CR 07-056: cr. Register March 2008 No. 627, eff. 4-1-08.