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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(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(5) (5) "Retail agent" means a person who is not a county clerk and not an employee of the department but who is appointed pursuant to s. 29.024 (6) (a) 3., Stats., to issue approvals.
NR 8.01(6) (6) "Service provider" means the business firm to which the department has awarded a contract to develop, test and operate the automated license issuance system.
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.
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 automated licensing 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.
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)(b) (b) All persons who were license agents on December 31, 1998 are eligible to become license agents if they submit an application to the department no later than June 30, 1999.
NR 8.03(2)(c) (c) All license agent applicants not included in par. (a) or (b) shall be considered for approval by the department. Factors which may be considered for approval of an application include, but are not limited to the following:
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)(b) (b) All license agents are required to enter into an agreement with the service provider covering maintenance and support of the electronic license issuance equipment.
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.
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 revoked by a court of law.
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 and carry the signed approval on their person when exercising 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.
NR 8.05 NR 8.05 Telephone issuance of approvals.
NR 8.05(1) (1) The department may issue approvals by telephone according to procedures described in the department's license issuance manual.
NR 8.05 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 8.05(2) (2) Applicants who receive a telephone issued approval shall carry the approval authorization number while lawfully exercising privileges under the approval, until receiving the printed approval in the mail.
NR 8.05 History History: Cr. Register, November, 1998, No. 515, eff. 1-1-99; CR 08-021: am. (1) Register November 2008 No. 635, eff. 12-1-08.
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 automated license issuance 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.
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.
NR 8.51(13) (13) "Resolved" means to come into compliance with all required actions related to a citation, summons or complaint through the payment of all applicable forfeitures, fines, costs, and surcharges imposed by the court for a wildlife-related violation.
NR 8.51(14) (14) "Revocation" or "revoked" means suspension as defined under s. 29.03 (2) (m), Stats.
NR 8.51(15) (15) "Violator" has the meaning given in s. 29.03 (2) (o), Stats.
NR 8.51(16) (16) "Wildlife-related violation" has the meaning given in s. 29.03 (2) (s), Stats., and includes any violation of ch. 29, Stats., or chs. NR 10 to 28, or a similar violation committed in a participating state, except that violations involving a captive wild animal subject to regulation under ch. 169, Stats., may not be considered a wildlife-related violation for the purposes of this subchapter.
NR 8.51 History History: CR 07-056: cr. Register March 2008 No. 627, eff. 4-1-08.
NR 8.52 NR 8.52 Revocations for failure to pay or appear in court.
NR 8.52(1)(1)Violations occurring in Wisconsin.
NR 8.52(1)(a)(a) Clerk of court.
NR 8.52(1)(a)1.1. After a violator does any of the following regarding a wildlife-related violation, the clerk shall provide a notice of noncompliance to the department's wildlife violator compact administrator:
NR 8.52(1)(a)1.a. 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(1)(a)1.b. 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(1)(a)1.c. c. Fails to appear before the court and is subject to a bench warrant under s. 968.09, Stats.
NR 8.52 Note Note: Clerks need only provide the department with one notice of noncompliance when a person fails to respond or appear as described in subd. 1. If the court enters a default judgment against a violator and provides the violator with an additional period of time to pay, the clerk may wait to see if the violator fails to make the required deposit by the new deadline established by the court under s. 23.75 (3) (a) 2. Stats., before providing the department with a notice of noncompliance under subd. 2.
NR 8.52 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 (608) 264-6130. An e-mail address for the Compact Administrator may be obtained by calling the department's call center at 1-888-936-7463.
NR 8.52(1)(a)2. 2. A notice of noncompliance provided under subd. 1. shall include at least the following information:
NR 8.52(1)(a)2.a. a. The violator's full name, date of birth if known and last known address.
NR 8.52(1)(a)2.b. b. Case number, statute, or administrative rule number violated, description of violation, date of violation and county of violation.
NR 8.52(1)(a)2.c. c. Name, address and telephone number of the court.
NR 8.52(1)(a)2.d. d. Disposition by the court, including conviction date, any penalty imposed and any hunting, trapping or fishing privilege or approval revocations ordered by the court.
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