Alert! This chapter may be affected by an emergency rule:
NR 12.001(10) (10) “USFWS" means the United States department of the interior, fish and wildlife service.
NR 12.001 History History: Cr. Register, May, 1990, No. 413, eff. 6-1-90; renum. (6) and (7) to be (8) and (10), cr. (6), (7) and (9), Register, May, 1994, No. 461, eff. 6-1-94; renum. (2) to be (2) (b) and cr. (2) (a), Register, January, 1999, No. 517, eff. 2-1-99; CR 03-018: am. (5) and (8) Register December 2003 No. 576, eff. 1-1-04; corrections made to (2) (a) under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576.
NR 12.01 NR 12.01Purpose. This chapter is established to administer s. 29.885, Stats., relating to the removal of wild animals causing damage or nuisance.
NR 12.01 History History: Cr. Register, May, 1990, No. 413, eff. 6-1-90.
NR 12.05 NR 12.05Birds causing depredation.
NR 12.05(1) (1)Findings. The natural resources board finds that unlimited shooting or trapping of cowbirds, crows, grackles, house sparrows, monk parrots, starlings, and red-winged blackbirds is necessary when causing depredation.
NR 12.05(2) (2)Permit waiver. Neither a federal nor state permit are required of any person to shoot or trap birds listed in sub. (1) when found committing or about to commit depredations upon agricultural crops, livestock, ornamental or shade trees or when constituting a health hazard or other nuisance provided:
NR 12.05(2)(a) (a) Disposition. Birds killed and their plumage may not be sold or offered for sale.
NR 12.05(2)(b) (b) Premises inspection. Any person taking these birds shall at all reasonable times, including during actual operation, permit any federal or state game law enforcement officer, free and unrestricted access on the premises over which the operations have been or are being conducted, and shall furnish promptly to the officer whatever information he or she requests about the operation.
NR 12.05(3) (3)License waiver. Hunting and trapping licenses are not required for shooting or trapping these birds when causing the depredations described under sub. (2) (intro.).
NR 12.05(4) (4)Shooting hours. The hours for shooting depredating birds during the open season for migratory birds as specified under s. NR 10.01 (1) shall be the same as those established for migratory game bird hunting under s. NR 10.06 (5).
NR 12.05 History History: Cr. Register, May, 1990, No. 413, eff. 6-1-90; cr. (4), Register, September, 1990, No. 417, eff. 10-1-90; correction in (4) was made under s. 13.93 (2m) (b) 7., Register November 2001 No. 551; CR 17-013: am. (1), Register February 2018 No. 746 eff. 3-1-18.
NR 12.06 NR 12.06CWD-affected area deer removal permits.
NR 12.06(1)(1)Findings. Pursuant to s. 29.885 (4), Stats., the natural resources board finds that deer within any CWD-affected area cause a nuisance and that the shooting of deer with nuisance permits is necessary within any CWD-affected area defined in s. NR 10.001 (6p) in order to reduce the spread of disease within the CWD-affected area and to reduce the risk of disease spreading outside any CWD-affected area.
NR 12.06(2) (2)Permits. Unless otherwise authorized by the department, landowners, lessees, occupants or their duly authorized agents of a single parcel of land at least 5 acres in size, all within the CWD-affected area may, under a department issued permit, remove deer from lands under their ownership or control in accordance with this section. Both antlerless and buck deer may be harvested unless otherwise restricted as a condition of the permit.
NR 12.06(3) (3)Participation by others. Persons other than the permittee may assist as a participant in the removal of deer in accordance with this section on the land for which the permit is valid.
NR 12.06(3)(a) (a) Number and selection of participants. All participants shall be selected by the permittee.
NR 12.06(3)(b) (b) Age and safety training. All participants, including the permittee shall meet the requirements of ss. 29.304 and 29.593, Stats., pertaining to hunter safety and age.
NR 12.06(3)(c) (c) Approval. All participants shall possess written approval obtained from the permittee and the appropriate, valid hunting license unless exempted under sub. (4) when carrying on removal activities. Written approval may include: name, address and phone number of landowner; name, address, phone number and DNR customer identification number, if applicable, of the person removing wild animals; property location and removal activities, authorized period of removal, signature of the permittee, or other form of approval authorized by the department.
NR 12.06(3)(d) (d) No fees. The permittee may not charge any form of fee to a participant.
NR 12.06(4) (4)Licenses, stamps and permits. The permittee and participants are not required to possess the appropriate state hunting license or backtag for deer, unless otherwise required as a condition of the permit.
NR 12.06(5) (5)Carcass disposition. Unless otherwise directed by the department, carcasses shall be disposed of in accordance with the procedures outlined on the permit issued by the department. Any part of any deer harvested under this section may be collected by the department for disease testing purposes.
NR 12.06(6) (6)Harvest periods. Permits issued to landowners under this section are valid only for the periods specified by the department on the permit.
NR 12.06(7) (7)Shooting hours. Permittees and participants shall comply with shooting hours described in s. NR 10.06 (5), unless exempted by the department.
NR 12.06(8) (8)Firearm use. The following conditions shall apply to the use of firearms, bows or crossbows on deer shooting permits:
NR 12.06(8)(a) (a) Permittees and participants shall comply at all times when hunting with the blaze orange clothing regulations of s. 29.301 (2), Stats., unless exempted by the department. Exemptions to the blaze orange requirement are allowed where local ordinances prohibit the discharge of firearms and bow hunting by the general public, or a trained sharpshooter during the closed deer gun season is the only methods available to remove deer.
NR 12.06(8)(b) (b) Except as provided under par. (c), and unless otherwise directed by the department, the weapons designated by the department on the permit shall be valid to harvest deer under the authority of the permit under sub. (2).
NR 12.06(8)(c) (c) In counties with deer shotgun seasons, a permittee and participants that have been authorized by the permittee may use a rifle that is not otherwise prohibited by s. NR 10.09 (1) (c) 2.
NR 12.06(9) (9)Registration. Permittees and participants shall register deer taken under this section in accordance with the procedures designated by the department on the permit.
NR 12.06(10) (10)Validation. Any person who kills a deer or if s. 29.324, Stats., applies, the person providing the carcass tag shall immediately validate and attach the carcass tag as designated by the department. The requirements for registration of deer established under s. NR 10.085 apply unless otherwise indicated by the department on the permit.
NR 12.06(11) (11)Baiting. The use of bait to attract or hunt deer for removal purposes by the permittee and participants is not allowed unless specifically authorized by the department and under the conditions specified in the permit.
NR 12.06 History History: Emerg. cr. eff. 7-3-02; emerg. r. and recr. eff. 1-11-03; CR 03-016: cr. Register August 2003 No. 572, eff. 9-1-03; CR 04-020: am. (2), (3) (a) and (4) (b) Register August 2004 No. 584, eff. 9-1-04; CR 08-013: am. (title), (1), (2) and (4) (b) Register August 2008 No. 632, eff. 9-1-08; CR 13-071: am. (title), (1), (2), r. (4) (b) Register July 2015 No. 715, eff. 8-1-15; renum. (4) (a) to (4) under s. 13.92 (4) (b) 1., Stats., Register July 2015 No. 715; correction in sub. (3) (c) under s. 13.92 (4) (b) 7., Stats., Register November 2015 No. 719; EmR1613: emerg. am. (10), eff. 3-12-16; CR 17-061: am. (10) Register February 2018 No. 746, eff. 3-1-18; correction in (10) made under s. 35.17, Stats., Register February 2018 No. 746.
NR 12.10 NR 12.10Authorization to remove wild animals causing damage or nuisance. Landowners, lessees or occupants may remove from lands under their control wild animals and their associated structures causing damage or constituting a nuisance in accordance with this section.
NR 12.10(1) (1)Written application required.
NR 12.10(1)(a)(a) General prohibitions. Unless otherwise approved by the department, a municipality, landowner, lessee or occupant may not engage in the following without applying in writing and receiving written approval from the department to:
NR 12.10(1)(a)1. 1. Destroy any wild animal, provided that all game and furbearing animals are disposed of as directed by the department, which is classified as:
NR 12.10(1)(a)1.a. a. A furbearing animal or game fish, animal or bird under s. 29.001 (30), (33), (36) and (39), Stats.; or
NR 12.10(1)(a)1.b. b. Protected under s. NR 10.02; or
NR 12.10(1)(a)1.c. c. Endangered or threatened under s. NR 27.03;
NR 12.10(1)(a)2. 2. Use any restricted-use pesticides listed in s. NR 80.01 (4); or
NR 12.10(1)(a)3. 3. Live-capture and relocate any wild animal to department controlled lands.
NR 12.10(1)(a)4. 4. Live-capture and relocate white-tailed deer, elk, black bear or any wild animal classified as endangered or threatened under s. NR 27.03.
NR 12.10(1)(a)5. 5. Live-capture and relocate any coyote to a hound dog training enclosure permitted under s. NR 17.045.
NR 12.10 Note Note: Application forms are obtained from department field stations.
NR 12.10(1)(b) (b) Exemptions. Written authorization is not required to:
NR 12.10(1)(b)1. 1. Destroy by shooting or trapping:
NR 12.10(1)(b)1.a. a. Any unprotected wild animal under s. NR 10.04; or
NR 12.10(1)(b)1.b. b. Any bird causing depredation under s. NR 12.05; or
NR 12.10(1)(b)1.c. c. Any species listed in s. 29.337, Stats.; or
NR 12.10 Note Note: Animals listed in s. 29.337, Stats., are beavers, foxes, raccoons, rabbits, squirrels, coyotes and woodchucks. However, s. 29.337, Stats., provides for the protection of coyotes from hunting during an open season for hunting deer with firearms in an area that is closed by the department by rule to coyote hunting.
NR 12.10(1)(b)1.d. d. Muskrats damaging dikes, dams, shoreline or roadways.
NR 12.10(1)(b)2. 2. Live-trap and relocate any wild animal, except white-tailed deer, elk, black bear or any wild animal classified as endangered or threatened under s. NR 27.03, or any animal classified as a harmful wild animal under s. NR 16.11, to open unenclosed lands not controlled by the department with the permission of the owner. Pursuit of animals released under this subdivision by dogs may not occur in an area where a wild animal has been released for a period of 2 hours after release of the animal, except dogs may be released to pursue raccoons at anytime after the raccoon has reached cover by climbing a tree or pole to a height of at least 10 fee.
NR 12.10(1)(b)2m. 2m. The department may prescribe the manner of disposal for animals destroyed under this paragraph.
NR 12.10(1)(b)3. 3. Remove beaver dams.
NR 12.10(1)(b)4. 4. Harass or disturb protected wild birds, not listed as endangered or threatened in s. NR 27.03, in such a way as to relieve a damage or nuisance situation in urban areas, golf courses, and airports provided the bird is not physically harmed.
NR 12.10(1)(b)5. 5. Live-trap and relocate rabbits to a hound dog training enclosure permitted under s. NR 17.045.
NR 12.10(1)(b)6. 6. Conduct any of the following activities in order to control Canada geese at an airport or within a 3 mile radius of the airport with landowner permission, if the activities are conducted by airport employees or their designees in compliance with the restrictions, requirements and conditions as described by the U.S. fish and wildlife service in 50 CFR 21.49 and provided that all birds are disposed of as directed by the department:
NR 12.10(1)(b)6.a. a. Live-trap and relocate Canada geese.
NR 12.10(1)(b)6.b. b. Destroy nests and eggs of Canada geese from March 1 to June 30.
NR 12.10(1)(b)6.c. c. Kill adult Canada geese and goslings by trapping or shooting from April 1 to September 15.
NR 12.10(1)(b)7. 7. Destroy birds defined under s. 29.001 (33) and (39), Stats., and permitted for removal by the U.S. fish and wildlife service under a federal depredation permit, provided the permit has been reviewed and approved by the department and removal activities are in compliance with the restrictions, requirements and conditions as described by the U.S. fish and wildlife service in 50 CFR 21.49 and this section.
NR 12.10(1)(c) (c) Application deadline. The department may not consider any application to shoot deer causing damage to corn, alfalfa, clover, other hay, soybeans, small grains, vegetable crops, melons, strawberries, cabbage, potatoes, cucumbers, popcorn, sunflowers or ginseng filed after October 1, unless the department finds that extraordinary conditions exist. Extraordinary conditions include, but are not limited to, ongoing, severe damage to crops occurring after October 1, which will cause extensive yield reductions or winter losses.
NR 12.10(2) (2)Approval criteria. Prior to authorizing the removal of wild animals causing damage, the department shall find that:
NR 12.10(2)(a) (a) Abatement attempt. The applicant is employing or has agreed to employ alternative abatement methods deemed reasonable by the department.
NR 12.10(2)(b) (b) Damage extent.
NR 12.10(2)(b)1.1. Damage to applicant's property in the current calendar year exceeds or is likely to exceed $1,000 if caused by any species included under s. 29.889, Stats.; or
NR 12.10(2)(b)2. 2. White-tailed deer are causing damage on lands enclosed by a permanent barrier fence that has been certified to be in proper working order by either the department or the county wildlife damage program administrator; or
NR 12.10(2)(b)3. 3. Damage will result in a loss of plants or animals listed as threatened or endangered under s. NR 27.03; or
NR 12.10(2)(b)4. 4. Extraordinary damage other than specified in subds. 1. to 3. is occurring or is likely to occur.
NR 12.10(2)(c) (c) Access control. The applicant has the authority to control access as required by s. 29.885 (4m), Stats., for purposes of hunting and trapping on the lands being damaged and any contiguous lands under the same ownership that are suitable for hunting or trapping.
NR 12.10(2)(d) (d) Previous performance. The applicant has complied with the conditions of any previous department authorizations to remove wild animals causing damage or nuisance issued within the preceding 12 months and this chapter.
NR 12.10(2)(e) (e) County involvement. For species and lands covered under an approved county wildlife damage plan of administration under s. 29.889, Stats., the county wildlife damage administrator has conducted a damage investigation and made recommendations on abatement measures to be implemented by the applicant.
NR 12.10(2)(f) (f) Migratory birds. The USFWS has authorized the department to remove or authorize the removal of birds classified as migratory under 50 CFR 10.13.
NR 12.10(3) (3)Rule compliance and participation by others. The landowner, lessee, occupant or other persons assisting in the removal of wild animals causing damage or nuisance shall comply with all hunting and trapping rules specified under ch. NR 10 or ch. 29, Stats., except the open and closed seasons established in ch. NR 10 or unless otherwise provided under this chapter, ch. 29, Stats., or by permit. Permittees and participants who fail to comply shall be subject to the penalty applicable to the appropriate ch. NR 10 or ch. 29, Stats., violation. Persons other than the landowner, lessee or occupant, may assist in the removal of wild animals causing damage or nuisance in accordance with this subsection.
NR 12.10(3)(a) (a) Number and selection of participants. The department may limit the number of persons assisting in a removal subject to s. NR 12.10 (1). All participants shall be selected by the permittee. First preference may be given to members of the permittee's immediate family. Next preference shall be given to persons that are able to provide immediate removal assistance and meet the requirements specified under par. (b) and s. NR 12.15 (11).
NR 12.10(3)(b) (b) Age and safety training. All participants shall meet the requirements of ss. 29.304 and 29.593, Stats., pertaining to hunter safety and age.
NR 12.10(3)(c) (c) Except as authorized in s. NR 12.06 (3) (c), all participants and persons assisting participants shall possess written approval from the permittee and the appropriate, valid hunting or trapping license when carrying on removal activities. Written approval shall include: name, address and phone number of landowner; name, address and phone number of the person removing wild animals; property location and removal activities, authorized period of removal, species of animals authorized for removal, signature of the landowner or lessee, and date.
NR 12.10(3)(d) (d) No fees. The permittee, participant, or any other individual may not charge any form of fee to a participant. All permit materials, tags, and distribution of materials and tags are the responsibility of the permittee. Upon verification of fees being charged the department may revoke the removal permit and, if applicable, enforce penalties under s. NR 12.35 (4).
NR 12.10(3)(e) (e) Animal or carcass care and disposition of permit exempt wild animal removals. Wild animals removed according to authority described in sub. (1) (b) which are live-trapped for relocation shall comply with s. 169.04 (2), Stats., or which are destroyed by shooting or trapping shall comply with s. 23.095, Stats., with fur or fur-bearing animals sold to a licensed fur dealer. Unusable animals or animal by-products shall be disposed of in a sanitary manner.
NR 12.10(4) (4)Nuisance approval. An applicant meeting the approval criteria described in sub. (2) (a), (d) and (f) may be authorized to remove wild animals causing a nuisance under conditions the department considers reasonable.
NR 12.10(5) (5)License requirements. Municipalities, landowners, lessees or occupants that are not required to obtain written authorization under sub. (1) (b) to remove wild animals causing damage or that they consider to be a nuisance, are also not required to possess a valid hunting or trapping license when carrying out removal activities.
NR 12.10 History History: Cr. Register, May, 1990, No. 413, eff. 6-1-90; am. (1) (a) (intro.), (2) (intro.), (c), (d), (3) (c) and (d), cr. (1) (c) and (4), Register, May, 1994, No. 461, eff. 6-1-94.; am. (3) (a), cr. (3) (e), Register, July, 1995, No. 475, eff. 8-1-95; CR 01-006: cr. (1) (b) 4., Register August 2001 No. 548, eff. 9-1-01; emerg. am. (3) (c), eff. 7-3-02; CR 03-016: am. (3) (c) Register August 2003 No. 572, eff. 9-1-03; CR 03-018: am. (1) (a) 4., (b) 2. and (2) (b) 2. Register December 2003 No. 576, eff. 1-1-04; CR 04-046: cr. (5) Register September 2004 No. 585, eff. 10-1-04; CR 05-031: am. (3) (intro.) and (e) Register October 2005 No. 598, eff. 11-1-05; CR 05-104: cr. (1) (a) 5. and (1) (b) 5., am. (1) (b) 2. Register June 2007 No. 618, eff. 7-1-07; CR 07-055: am. (1) (b) 4., cr. (1) (b) 6. Register January 2008 No. 625, eff. 2-1-08; CR 07-035: am. (3) (intro.) Register April 2008 No. 628, eff. 5-1-08; CR 09-052: am. (1) (b) 2. Register June 2010 No. 654, eff. 7-1-10; CR 10-051: am. (1) (a) 1. (intro.), (b) 1. b., cr. (1) (b) 2m. and 7. Register December 2010 No. 660, eff. 1-1-11; renumber of (1) (b) 2m. made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660; CR 16-037: am. (3) (d) Register April 2017 No. 736, eff. 5-1-17; EmR1613: emerg. cr. (12), eff. 3-12-16.
NR 12.15 NR 12.15Conditions of permits to shoot or trap wild animals causing damage. The following general conditions apply to all permits to remove wild animals causing damage:
NR 12.15(1) (1)Public use during open seasons. All lands described on the application and any contiguous lands under the same ownership suitable for hunting or trapping shall be open to public hunting or trapping of the species causing the damage for a period of one year from the effective date of the permit. These lands may be posted to indicate that hunting permission is required from the permittee. The department may require a permittee to keep a daily log of hunter's names and telephone numbers on forms provided by the department as a condition of the permit.
NR 12.15(2) (2)Use refusal. Permittees may refuse access to hunters or trappers for reasonable cause. Reasonable cause may not be based on age, race, religion, color, handicap, sex, physical condition, development disability, creed, sexual orientation, or national origin. The presence of at least 2 hunters or active trapping of at least one trapper per each 40 acres suitable for hunting or trapping, respectively, shall constitute a reasonable cause for refusal.
NR 12.15 Note Note: Other examples of reasonable cause may include drunkenness, vandalism, littering, or reckless conduct.
NR 12.15(3) (3)Rule compliance. The permittee and all participants shall comply with all hunting and trapping rules specified under ch. NR 10 or ch. 29, Stats., unless otherwise provided under this chapter, ch. 29, Stats., or by permit. Permittees and participants who fail to comply shall be subject to the penalty applicable to the appropriate ch. NR 10 or ch. 29, Stats., violation.
NR 12.15(4) (4)Reporting. Each permittee shall keep a current, correct and complete record of all participants and permit activities as required by the department on forms furnished by the department. Permit records may be inspected by the department at any time. Copies of records shall be provided to the department upon request. The permittee shall report the total number of wild animals or structures removed and return all unused permit materials and any participant authorizations issued, to the department within 10 days after the permit expiration date.
NR 12.15 Note Note: Permit materials may include carcass tags, armbands and hunter permission slips.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.