Each authorized person who has taken a protected wild animal, bird or fish on an Indian reservation, under provisions of the reservation's treaty rights during the off-reservation closed season for such game set by the department of natural resources, shall before removing the carcass or part thereof of such animal, bird or fish from the reservation, contact and exhibit it during ordinary working hours to a conservation warden of the department of natural resources or to any tribal member authorized by the particular tribe and designated by the department of natural resources.
The conservation warden or designated tribal member shall inspect all such carcasses, attach and lock a special lettered and numbered tag to each carcass or part thereof, and maintain a record book containing the following information: the date, the reservation, the name and address of the person being issued the tag, the species and description of the wild animal, bird or fish being tagged, the destination, and the name and address of the person issuing the tag. Such record book shall be exhibited to the department of natural resources at reasonable hours for inspection and duplication. Failure to maintain and exhibit such a record book containing the above information shall be sufficient cause for the department of natural resources to revoke the authority of the official to issue any more tags. The secretary of the department of natural resources may take such revocation action without requiring that a hearing be held on the matter.
The special lettered and numbered tag shall be distributed to the conservation warden or designated tribal member by the department of natural resources at such times and in such numbers as it deems appropriate. During the off-reservation closed season for such wild animal, bird or fish, no person shall remove any such carcass or part thereof from an Indian reservation without such a tag being attached and locked. No person shall remove the tag prior to consumption of the animal, bird or fish carcass tagged. No endangered species shall be tagged. No person other than a conservation warden or designated tribal member shall have unused tags in his or her possession.
If a Wisconsin tribe has a tagging and registration system similar to the department's and an approved memorandum of understanding with the department pertaining to the system, tagging requirements under this section may be waived by the department. Tribal tags shall be validated and affixed to the carcass.
NR 19.12 History
Cr. Register, April, 1976, No. 244
, eff. 5-1-76; CR 08-021
: cr. (1) (d) Register November 2008 No. 635
, eff. 12-1-08.
Disposition of deer accidentally killed by a motor vehicle. NR 19.13(1)(1)
The driver of a motor vehicle involved in a vehicle-deer collision may have first priority to the deer killed. However, if the driver does not want to take possession of the deer it may be given to another party at the scene of the accident by the department or its agents.
If a driver collides with and kills 2 or more deer at one time, the driver is eligible to receive as many of these deer as the driver wishes.
No vehicle-killed deer, or any parts thereof, may be sold or bartered by the individual to any other person at any time, except the head or hide, which may be disposed of pursuant to s. 29.539
, Stats. Vehicle-killed deer may be given to another person or to charitable organizations, except that spotted hides or velvet antler possession shall comply with sub. (4)
Possession of vehicle-killed deer shall be limited to 90 days. Pursuant to s. 29.347 (3)
, Stats., if the vehicle-killed deer is a spotted fawn or a deer with antlers in velvet and the person who possesses the deer wants to retain the spotted hide or velvet antlers for more than 90 days, the person shall contact the department for written authorization to retain the spotted hide or velvet antlers before the end of the 90 day period. Written authorization to possess spotted hides and velvet antlers from a vehicle-killed deer does not allow sale or transfer to another.
White deer may not be released by the department.
No deer may be retained until it has been tagged as required under this section.
Permits shall be issued and attached by the department or its agents for each deer released.
The permit shall contain the following information:
Vehicle license number if deer given to driver involved in the collision.
Identification of permittee as driver of vehicle, or other.
Location of kill as to county and deer management unit.
Name of officer who issued permit carcass tag and the name and address of the officer's agency.
Statement that the permit is valid for a period of 90 days after the date of issuance.
One copy of permit shall be issued to permittee, one copy sent to the department, and one copy retained by issuing agency.
Provisions of permit and restrictions shall be printed on the back of the permit form.
If a deer is not released pursuant to sub. (1)
, it may be sold by the department at the highest price obtainable or otherwise disposed of.
The entrails or any other parts of deer killed in vehicle-deer collisions may not be disposed of on the highway right-of-way.
NR 19.13 History
Cr. Register, June 1976, No. 246
, eff. 7-1-76; am. Register, August, 1994, No. 464
, eff. 9-1-94; am. (3), Register, October, 1997, No. 502
, eff. 11-1-97; CR 04-046
: am. (4) and (5) Register September 2004 No. 585
, eff. 10-1-04; CR 05-031
: am. (3) Register November 2005 No. 599
, eff. 12-1-05.
Wild animal protection.
Unless engaged in dog training or dog trials as authorized by the department in s. NR 17.001 (3)
, or other activity specifically authorized by the department, a closed season is established and no person may harass, disturb, pursue, shoot, trap, catch, take, or kill protected wild animals by any means, except as described under s. NR 12.10 (1) (b) 4.
NR 19.25 History
Cr. Register, August, 1980, No. 296
, eff. 9-1-80; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1997, No. 502
; CR 01-006
: am. Register August 2001 No. 548
, eff. 9-1-01; CR 05-031
: am. Register November 2005 No. 599
, eff. 12-1-05.
Season and restrictions for taking frogs. NR 19.26(1)(1)
The open season for frogs runs from the Saturday nearest to May 1 to December 31.
No person may take frogs with the aid of a firearm or air gun.
NR 19.26 History
Cr. Register, May, 2000, No. 533
, eff. 6-1-00; CR 03-030
: r. and recr. Register October 2003 No. 574
, eff. 11-1-03.
Seasons, limits, restrictions on taking crayfish.
There is a closed season established for taking crayfish except when taken during the open season by the following methods:
- See PDF for table
Use live crayfish as bait on the inland waters except on the Mississippi river.
Possess live crayfish while on any inland waters of the state, except the Mississippi river, unless that person is engaged in crayfish removal. Simultaneous possession of live crayfish and hook and line fishing equipment while on the inland waters, except the Mississippi river, shall be considered prima facie evidence of a violation of this subsection.
Place, deposit, throw or otherwise introduce live crayfish into any waters of the state unless a permit authorizing introduction has been issued by the department.
Take, possess or control a crayfish unless the person is in possession of a valid approval which authorizes the hunting of small game or which authorize fishing, unless otherwise exempt from the need to possess one of more of these approvals to hunt or fish under ch. 29, Stats.
Crayfish may not be taken with use of bait consisting of fish, including parts of fish lawfully taken, fish by-products including fish meal or prepared parts of fish, except in the same body of water from which the fish was obtained, or if the fish are minnows obtained from a Wisconsin bait dealer, or with written approval of the department.
Bait or parts of bait authorized in this subdivision may not be deposited in the waters of this state unless they are enclosed within the trap.
3. `Floats or markers.'
Floats or markers used to locate traps for the taking of crayfish:
Shall plainly and clearly display in the English language the name and address of the owner or operator; and
Crayfish traps placed in trout streams shall conform to the dimensions of minnow traps described in s. NR 20.03 (26)
unless otherwise authorized by the department.
NR 19.27 History
Cr. Register, December, 1982, No. 324
, eff. 1-1-83; r. and recr. Register, June, 1984, No. 342
, eff. 7-1-84; cr. (4) (a) 4., Register, December, 1984, No. 348
, eff. 1-1-85; am. (1), Register, July, 1988, No. 391
, eff. 8-1-88; am. (intro.), r. (3), Register, February, 1997, No. 494
, eff. 3-1-97; correction in (4) (a) 4. made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525
; am. (intro.), r. (2) and (4) (b), Register, May, 2000, No. 533
, eff. 6-1-00; emerg. am. (4) (a) 2. a., eff. 11-2-07; CR 07-074
: am. (4) (a) 2. a. Register May 2008 No. 629
, eff. 6-1-08; CR 09-018
: cr. (4) (a) 1. d. Register February 2010 No. 650
, eff. 3-1-10.
This section applies to the taking and possession of turtles in Wisconsin, except for the Wisconsin-Minnesota boundary waters and the Wisconsin-Iowa boundary waters, where the taking and possession of turtles is governed by ss. NR 21.13
(2) Seasons; possession and daily bag limits.
No person may take turtles except during the open seasons established in sub. (4)
. For the purpose of turtle harvest, the possession limits are the same as the daily bag limits.
(3) Additional restrictions.
No person may do any of the following:
Take, possess or control a turtle unless the person is in possession of a valid approval which authorizes the hunting of small game or which authorize fishing, unless otherwise exempt from the need to possess one of more of these approvals to hunt or fish under ch. 29, Stats.
NR 19.275 Note
The s. 29.228
, Stats., fishing license exemption for nonresidents under age 16 only applies to taking fish by hook and line. Therefore, any nonresident under age 16 who takes turtles by hand, hooking or with hoop net turtle traps must possess a valid fishing or small game authorization.
Take turtles by methods other than hoop net turtle traps that comply with par. (c)
, hand, hook and line or hooking.
Use a hoop net turtle trap to take turtles unless it complies with all of the following criteria:
The net is nylon or other stretchable fabric. Wire may not be used.
It is constructed with a funnel entrance at one or both ends which are tied off to the sides or the opposite ends. The opening in the funnel may be round or oval.
It is designed and set so the closed sides sit horizontal in the water.
NR 19.275 Note
Note: There is no restriction on the size of the trap itself or the number of hoops used in its construction.
Use a hoop net turtle trap unless it is placed on the bed of the stream, river, lake or pond so that a minimum of 2 inches of the trap is above the water's surface.
Use a hoop net turtle trap unless it is checked and the entrapped contents removed at least once each day.
Use a hoop net turtle trap unless a stamped or engraved metal tag, bearing the name and address of the operator of the trap in the English language, is attached in a manner that is visible above water and legible at all times.
Place, use or tend a hoop net turtle trap or remove its entrapped contents unless that person is the operator identified on the trap tag.
Use fish, including parts of fish, as bait except that fish and fish parts may be used as bait in the same body of water from which the fish was obtained, or if the fish are minnows obtained from a Wisconsin bait dealer, or with written approval of the department.
Place, set, or use a hoop net turtle trap within 200 feet of any fishway, lock, or dam.
Place, set or use any hook and line, setline or bank pole for taking turtles in a manner or at any time during which these methods are not allowed for taking fish under ss. NR 20.06
NR 19.275 History
Cr. Register, February, 1997, No. 494
, eff. 3-1-97; CR 06-011
: am. (3) (a) Register September 2006 No. 609
, eff. 4-1-07; emerg. cr. (3) (i), eff. 11-1-07; CR 07-074
: cr. (3) (i) Register May 2008 No. 629
, eff. 6-1-08; CR 09-018
: am. (3) (a) Register February 2010 No. 650
, eff. 3-1-10; CR 09-051
: cr. (3) (j) and (k) Register June 2010 No. 654
, eff. 7-1-10.
Whenever a permitted taxidermist, or his or her agent, takes a wild animal carcass into possession at a location other than the taxidermist's place of business, the records required by s. 29.506 (5) (b)
, Stats., shall be completed immediately and shall accompany the carcass during transportation.
If a permitted taxidermist holds wild animal carcasses received in connection with his or her business pursuant to the authorization in s. 29.506 (4)
, Stats., in the same storage area or freezer with personally acquired wild animal carcasses, every wild animal carcass so held shall be tagged in the manner described in s. 29.506 (5) (b)
, Stats. Wild animal carcasses so tagged and stored may not be considered to be commingled.
The authorization of s. 29.506 (4)
, Stats., does not apply to wild animal carcasses acquired by a taxidermist for purposes not related to the business of taxidermy.
(3) Mounted collection of a taxidermist.
This section does not permit seizure of, nor prohibit possession or sale of a lawfully obtained wild animal carcass by a permitted taxidermist which is mounted or is in the process of being mounted for the private collection of a permitted taxidermist provided that the tagging and record keeping requirements and the commingling prohibitions of s. 29.506
, Stats., have been complied with. Included is any such wild animal carcass received by a permitted taxidermist in connection with his or her business which has been abandoned by the customer.
NR 19.28 History
Cr. Register, March, 1987, No. 375
, eff. 4-1-87.
Criminal history checks; volunteer instructors.
Whenever application is made to the department by a person interested in becoming certified to instruct as a volunteer all-terrain vehicle, boating, bow hunter, hunter education, Wisconsin cooperative trapper education program or snowmobile safety instructor, the bureau of law enforcement shall conduct a criminal history, character and background check on the applicant. Notwithstanding s. NR 19.025
, the bureau of law enforcement shall conduct a background check on any person who applies to serve as an angler or aquatic education instructor, or an educational outdoor skills activity mentor. Upon becoming aware of information indicating prior illegal activity, the department shall make appropriate inquiry into criminal history and character of instructor or mentoring applicants and determine their suitability for the proposed activity.
Department authority to void local hunting, fishing and trapping ordinances. NR 19.40(1)
These rules are developed, pursuant to s. 227.11
, Stats., to establish procedures for determining when local ordinances should be voided under s. 29.038
, Stats., because they have more than an incidental effect on hunting, fishing or trapping, or do not have public health and safety as a primary purpose.