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.
(3) Department determinations.
Department determinations related to the legality of local ordinances regulating hunting, fishing or trapping shall consider the following factors when determining the validity of a local ordinance. The listed factors are not weighted and are factors which would favor a department decision to void the ordinance.
The extent to which the ordinance affects undeveloped lands or lands which are zoned agricultural, forestry, lowland conservancy, upland conservancy or flood plain.
The extent to which the department has received complaints about the ordinance.
Whether the ordinance purports to directly regulate hunting.
Whether the ordinance requires a permit to discharge a firearm or a bow, whether a fee is charged which exceeds 150 percent of the issuance fee established by s. NR 19.02 (4) (b)
, creates a higher fee for non-residents or requires a background check.
NR 19.40 Note
At the current time, the fee established by s. NR 19.02 (4) (b)
Whether the ordinance restricts the discharge of fine shot while the shooter is in or on the water more than 100 yards from the nearest developed shoreline, and shooting away from or parallel to that shoreline.
Whether the ordinance prohibits the discharge of fine shot when on undeveloped lands which are more than 100 yards from buildings devoted to human occupancy, and shooting away from the buildings.
Whether the ordinance prohibits hunting, fishing or trapping on department property otherwise open to hunting, fishing or trapping or on property leased by or under easement to the department for the purpose of hunting, fishing or trapping.
Whether the ordinance prohibits the discharge of shotguns or bows within all areas of the municipality.
Whether the ordinance prohibits the discharge of bows.
Whether existing state laws adequately address the local safety concerns.
Whether the ordinance prohibits fishing by individuals located on public waters.
Whether less restrictive alternatives are available to address a municipality's safety concerns.
Whether the ordinance has no apparent health or safety purpose.
This section does not apply to fishing rafts subject to regulation under s. 30.126
Prior to holding a hearing to determine the validity of a local ordinance under s. 29.038
, Stats., the department shall mail the affected municipality a notice of the time and location of the hearing. The department shall also publish a class I notice under ch. 985, Stats.
, of the hearing in the county in which the municipality is located. The notice shall be given at least 30 days prior to the date set for the hearing.
The final decision shall be made by the secretary or the secretary's designee.
The decision shall be in writing and accompanied by findings of fact and conclusions of law.
The department may void ordinances found to be in violation of s. 29.038
, Stats., in whole or in part, or as applied to certain areas, certain classes of persons, certain times of the year, or certain circumstances.
NR 19.40 History
Cr. Register, May, 2001, No. 545
, eff. 6-1-01;
correction in (2) (b) made under s. 13.92 (4) (b) 7.
, Stats., Register May 2013 No. 689
NR 19.50 All-terrain vehicle and bowhunter, snowmobile and hunter education program fee.
The fee for the all-terrain vehicle and bowhunter, snowmobile and hunter education certification programs shall be $10.00 per student. The department may authorize the instructors to retain up to 50 percent of the fee to defray authorized expenses incurred locally to operate the program based on the actual cost incurred to the instructor. The remaining funds shall be turned in to the department to defray expenses incurred to operate these programs during the year. The fee for advanced hunter education courses shall only be the amount necessary, but not to exceed $50 per student. Only instructors certified by the department to teach advanced education courses under this section may charge a fee for the advanced education courses. The department may authorize specialized fees for Internet based all-terrain vehicle and snowmobile education certification programs pursuant to a memorandum of understanding with entities managing these programs for the department. The specialized fee shall be in lieu of the $10.00 per student fee and shall be sufficient to defray authorized operational costs of entities managing these programs for the department as well as operational costs of the department.
NR 19.50 History
History: CR 00-110
: cr. Register April 2002 No. 556
, eff. 5-1-02; emerg. am. eff. 10-3-05; CR 05-088
: am. Register March 2006 No. 603
, eff. 4-1-06; CR 06-134
: am. Register August 2007 No. 620
, eff. 9-1-07.
Wisconsin cooperative trapper education program fee.
The fee for the course of instruction under the Wisconsin cooperative trapper education program shall be $12.00 per student. The fee for correspondence trapper education certification program shall be $12.00 per student for correspondence programs that require in-state mailing of course materials and shall be $28.00 per student for correspondence programs that require out-of-state mailing of course materials. In addition to the fees established in this section, for correspondence courses, each student shall pay a $17.00 deposit that shall be refunded when the course materials are returned. The fee for a duplicate copy of a trapper education course certificate of accomplishment is $2.75. The fee for advanced trapper education courses shall be that amount needed to pay for the cost of the course, but not to exceed $50.00 per student. Only instructors who are certified by the department to teach trapper education courses under s. 29.597
, Stats., may charge a fee for a trapper education course established under s. 29.597
Feeding of wild animals. NR 19.60(1)(a)(a)
No person may place, deposit or allow the placement of any material to feed or attract wild animals for non-hunting purposes including recreational and supplemental feeding, except as provided in sub. (2)
, or as specifically authorized in a permit or license issued under s. 29.614 (1)
or 169.25 (1) (a)
, Stats., or s. NR 12.06 (11)
or 12.10 (1)
NR 19.60 Note
, Stats., states: Scientific collector permit. (1) Application for a scientific collector permit shall be submitted to the department. The department may issue a scientific collector permit if the department determines that the applicant is a natural person and is engaged in a bona fide program leading to increased, useful scientific knowledge.
NR 19.60 Note
, Stats., states: Scientific research license. (1) Issuance. (a) The department shall issue a scientific research license to any person who is engaged in a study or in research that the department determines will lead to increased, useful scientific knowledge and who files a proper application and who pays the applicable fee.
Any person placing feed to attract wild animals in violation of this section or s. NR 10.07 (2)
shall remove all feed or other material illegally placed or deposited when notified by the department to do so.
Landowners, lessees or occupants of any property where feed or other material in violation of this section or s. NR 10.07 (2)
is present shall remove all feed or other material illegally placed or deposited upon notification by the department of the illegal activity if not otherwise removed in accordance with par. (b)
Except as authorized under sub. (3) (a) 1.
, no person may place feed in a feeder designed to deposit or replenish the feed automatically, mechanically or by gravity.
NR 19.60(2)(a)(a) Affected area.
This subsection applies statewide, except for those counties where deer baiting and feeding is prohibited under par. (b)
(b) Excluded area.
Deer baiting and feeding is prohibited in entire counties where any of the following criteria apply:
A CWD management zone has been established in the county or a portion of the county, or
A CWD or bovine tuberculosis positive captive or free-roaming, domestic or wild animal has been confirmed after December 31, 1997 from the county, or
The county or portion of the county is within a 10 mile radius of a captive or free-roaming, domestic or wild animal that has been tested and confirmed to be positive for CWD or bovine tuberculosis after December 31, 1997.
The prohibitions and exemptions in this subsection shall become effective upon issuance of an order by the secretary of the department and publication in the official state newspaper. In addition, a notice of the order shall be provided to newspapers, legislators and hunting license outlets in the area affected.
(d) Deer feeding.
A person may place or deposit material to feed or attract wild deer for recreational and supplemental feeding purposes outside of the counties where deer feeding is prohibited under par. (b)
, but may not place or allow the placement of any feed material:
In excess of 2 gallons of feeding material within 50 yards of any owner occupied residence or business.
More than 50 yards from an owner occupied residence or business.
Within 100 yards from a roadway, as defined in s. 340.01 (54)
, Stats., having a posted speed limit of 45 miles per hour or more.
NR 19.60 Note
Section 340.01 (54)
, Stats., "Roadway" means that portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway, the term "roadway" refers to each roadway separately but not to all such roadways collectively.
Without the approval of the owner of the owner-occupied residence or business.
At a feeding site that the person knows or should have known is also being used by bear or elk. If the owner of the residence or business is notified by the department or otherwise becomes aware that bear or elk have been using a deer feeding site, the owner may not place or allow others to place any feed material that is accessible to deer, bear or elk within 50 yards of the owner-occupied residence or business for a period not less than 30 days.
This section does not prohibit any of the following activities:
Material placed solely for the purpose of attracting and feeding wild birds and small mammals when placed in bird feeding devices and structures at a sufficient height or design to prevent access by deer and only when the structures and devices are no further than 50 yards from a dwelling devoted to human occupancy unless authorized by the department. If the department determines that wild deer are utilizing bird feeding devices or structures, the devices or structures shall be enclosed or elevated higher to prevent access by deer.
Feeding of wild animals, other than deer, elk or bear, by hand if:
The person feeding makes all reasonable attempts to clean up the unconsumed feed before moving a distance greater than 30 feet from the deposited feed.
Feed deposited by natural vegetation or found solely as a result of normal agricultural or gardening practices.
Standing crops planted and left standing as wildlife food plots that may be used by wild animals.
Feed or bait material placed or used for fish, reptiles, amphibians or arthropods, provided the material is not accessible to bear, deer or elk.
NR 19.60 Note
These feeding rules do not apply to captive wild animals held and licensed under ch. 169
NR 19.70 Purpose.
This subchapter is adopted to establish consistent standards for the rehabilitation of wildlife in Wisconsin. The intent is to ensure all persons engaged in wildlife rehabilitation are qualified and provide humane care and housing for wildlife being rehabilitated.
NR 19.70 History
History: CR 03-029
: cr. Register December 2003 No. 576
, eff. 1-1-04.
NR 19.71 Definitions.
In this subchapter:
"Advanced license" means a wildlife rehabilitation license issued by the department to a person qualifying under s. NR 19.73 (1)
"Basic license" means a wildlife rehabilitation license issued by the department to a person qualifying under s. NR 19.73 (1)
"Department" means the department of natural resources.
"Euthanasia" means the humane killing of a wildlife in accordance with the current American veterinary medical association standards contained in the 2000 Report of the AVMA Panel on Euthanasia.
NR 19.71 Note
Note: Copies of the 2000 Report of the AVMA Panel on Euthanasia, JAVA, Vol. 218, No. 5, dated March 1, 2001, are available for inspection at the offices of the Secretary of State, 30 W. Mifflin Street, Madison, WI, the Legislative Reference Bureau, One E. Main Street, Madison, WI, or the department.
"Facilities" means any equipment, housing or shelter used for wildlife rehabilitation.
"Federal permit" means a special purpose permit issued under 50 CFR Part 13
and 50 CFR 21.27
by the United States fish and wildlife service for the rehabilitation of migratory birds and federally endangered or threatened species.
"Protective device" means a device that is designed to prevent the escape of an animal at the entrance of a primary enclosure.
"Sponsor" means an advanced licensee who has volunteered to mentor a basic licensee.
"Sponsorship agreement" means a document that establishes an advanced licensee as a sponsor for a basic licensee.
"Volunteer" means any person, including interns, working in a limited capacity subject to the limits under s. NR 19.73 (3) (d)
and under the supervision of an advanced licensee on wildlife rehabilitation activities.