CR 15-054 Rule Text

Section 3 updates a cross reference to American veterinary medical association standards so that it will always refer to the current standards.

Section 5 simplifies the definition of “volunteer”.

Sections 6 and 35 update the name of the Wildlife Rehabilitation Advisory Committee, the group of volunteers appointed by the secretary to advise the department on wildlife rehabilitation so that it is now a “council” and expand the council’s charge to include advisory roles related to wildlife health and other captive wildlife matters. Use of the word council reflects that this is a long term, rather than a temporary, advisory body.

Section 7 provides information in a note so readers are aware that rehabilitation of skunks and wolves is not allowed and directing people to the location on the department’s website where rehabilitation restrictions and requirements related to deer, wolves and threatened and endangered species are explained.

Sections 8 clarifies that wild animal rehabilitation is restricted only to those species which are listed on the rehabilitator’s license and establishes a process by which additional species may be added to a license.

Section 9 requires an applicant for a rehabilitation license to describe their previous rehabilitation and animal care experience when applying for a license.

Section 10 establishes the conditions under which volunteers may assist basic license holders with the rehabilitation of wild animals, including that volunteers may provide only basic care under the direct supervision of the licensee.

Section 11 establishes that holders of a basic license for wildlife rehabilitation may not utilize the assistance of subpermittees.

Sections 12 to 14 require the signature of a veterinarian to assure that applicants for an advanced wildlife rehabilitation license meet the minimum criteria for the license. These sections also require a description of prior wildlife rehabilitation experience and successfully completing a written exam which evaluates their knowledge as part of the licensing process. This is already a requirement for basic licensees.

Section 15 establishes that volunteers can assist advanced license holders in rehabilitating wildlife and establishes the conditions and requirements.

Section 16 specifically establishes that subpermittees can assist a person who is licensed as an advanced rehabilitator, including at a location other than that of the advanced license holder. This section establishes reporting and other requirements for subpermittees and establishes that advanced licensees are responsible for the activities of volunteers.

Section 17 establishes a state requirement that consulting veterinarians comply with the Animal Medicinal Drug Use Clarification Act of 1994. This is already a requirement of federal law. This section also requires that applicants for wildlife rehabilitation licenses read a code of ethics for wildlife rehabilitation,

Section 18 clarifies that, when providing documentation that facilities are allowed under local zoning, the documentation can be supplied by the applicant instead of the local unit of government. The requirement to show that facilities are allowed under local zoning is also an existing statutory requirement.

Sections 19 to 21 establish requirements for non-residents who wish to apply for a license to rehabilitate wild animals in Wisconsin. The requirements are similar to the ones which apply to resident applicants. As a condition of license renewal for residents, this section requires applicants to obtain and show proof of continuing education.

Section 22 establishes that, in addition to preparing a test, the wildlife rehabilitation council may select an existing examination that is used to evaluate applicants for wildlife rehabilitation licenses.

Section 23 requires wildlife rehabilitation license applicants to provide information about their enclosures used to confine animals to make the licensing process more efficient and to better assure that humane standards will be met.

Sections 24 and 25 incorporate by reference the standards for enclosures which are established by the National Wildlife Rehabilitation Association and International Wildlife Rehabilitation Council. This will provide more specific guidance to license applicants and will assure consistently better care and housing of animals.

Section 26 clarifies that the department, as well as wildlife rehabilitators, can make the determination that an animal is not capable of being released and having a chance of survival in the wild. The department’s authority is already established in Ch. 169 Stats. but is re-stated in these rules to provide clarity.

Sections 27 to 30 establish that, when responding to an oil spill, rehabilitators who are licensed in another state may assist in Wisconsin on a temporary basis. These sections also clarify how a rehabilitator must respond when they take possession of an animal they know or reasonably suspect has been exposed to rabies and other diseases, and updates a related cross-reference to Ch. ATCP 10. Section 27 establishes a time frame during which a relationship with a new consulting veterinarian must be established if a current veterinarian is no longer able to perform veterinary services for the rehabilitator. Finally, language in Section 27 clarifies that failing to meet the requirements for the care and treatment of wildlife is a prohibited action.

Sections 31 and 32 establish that quarterly reporting of activity with the following additional species is required; fisher, marten, wolverine, weasel, elk, white-tailed deer, and moose. These sections also update the list of animals for which quarterly reports to the department are required so that it includes wild or feral swine, mute swans, and wolf-dog hybrids at times when rehabilitation of those species is not prohibited under s. NR 19.72 (2).

Sections 33 designates a specific person in the department to whom applicants to become advanced wildlife rehabilitation sponsors shall apply. The section also requires both the department and the wildlife rehabilitation advisory committee to review applications and documents describing the applicant’s experience with wildlife rehabilitation.

Section 34 establishes that the sponsor who applies to advise or consult a basic licensee must either be actively rehabilitating the species that the basic licensee will work with, or must have the facilities necessary to work with that species.

Section 36 establishes that, in addition to situations of risk to public health, the department may also modify license conditions when there is a threat to animal health or welfare.

Federal Regulatory Analysis: Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. Under international treaty and Federal law, the possession of migratory birds is also regulated by the United States Fish & Wildlife Service. Additionally, federal regulations do apply to bald eagles and federally listed endangered or threatened species. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.

Comparison with rules in Adjacent States: Wisconsin’s surrounding states also have regulations in place establishing some type of licensure and which are designed to assure humane care of animals and manage the use of wildlife resources which are held in the public trust. Wildlife rehabilitation regulations vary from state-to-state but are generally comparable to Wisconsin’s approach.

Michigan wildlife rehabilitation regulations require all new applicants to pass the International Wildlife Rehabilitation basic skills course prior to applying for a wildlife rehabilitation permit. Permits are valid for 5 years and continuing education credits are required prior to a permit renewal. Rehabilitation facilities must be in compliance with the International Wildlife Rehabilitation and National Wildlife Rehabilitation Association minimum standards.

The Minnesota wildlife rehabilitation regulations specify three classes of licenses. A passing score of an exam is required prior to obtaining the next level permit. Continuing education credits are required to renew licenses or apply for a subsequent license. Each permit level is allowed to have a specified number of in-shelter assistants who are authorized to assist in rehabilitation activities.

The Iowa wildlife rehabilitation regulations ensure that facilities are in compliance with International Wildlife Rehabilitation and National Wildlife Rehabilitation Association minimum standards.

Summary of Factual Data and Analytical Methodologies: Wildlife rehabilitation is the act of providing temporary care for injured, sick or orphaned wildlife with the goal of releasing them back into the wild. Animals released back into the wild must have the ability to recognize and find appropriate foods, socialize with members of their own species and exhibit normal behaviors such as fear of humans and predator avoidance.

The Wildlife Rehabilitation Advisory Committee makes recommendations to, advises and cooperates with the department on wildlife rehabilitation program development, regulations, research, and education. The Committee represents licensed wildlife rehabilitators in Wisconsin. This rule proposal will expand their role advising on related captive wildlife topics and change their name to “council” instead of committee.

The creation of subpermittees will allow advanced licensees the ability to have qualified individuals assisting with rehabilitation activities either on-site or off-site of the licensee’s facility. As part of the proposed rule change, subpermittees will be subject to the same restrictions as basic licensees. These restrictions involve the types of animals that can be rehabilitated (those that are dangerous or difficult to handle), as well as restriction on who is allowed to conduct euthanasia. The creation of subpermittees also clarifies the role of volunteers. For instance, a volunteer working with a basic license holder would not be able to work at a location away from the basic license holder’s facility or in any way other than under the licensee’s direct supervision. This is intended to improve clarity about the roles of volunteers and assistants who are not licensed, increase their level of supervision, and result in more consistently humane care.

The proposal establishes a note to make readers aware that the rehabilitation of skunks, wolves and wolf-dog hybrids is prohibited, and directs readers to the department’s website for additional information on the rehabilitation of deer and threatened or endangered species. These provisions should improve the usefulness of this chapter to readers.

These rules establish requirements for basic and advanced licensees to add new species to their license authority. The requirements are designed to better assure that the licensee has experience with those species before working on them.

These rules will require wildlife rehabilitation license applicants to indicate prior experience in wildlife rehabilitation and/or animal care, certify that they have read and understand a code of ethics for wildlife rehabilitators, and provide documentation of compliance with local ordinances.

These rules will establish continuing education requirements which must be met before renewing basic or advanced licenses, and will add that taking and passing an exam is required to apply for an advanced license.

This proposal will incorporate by reference the Minimum Standards for Wildlife Rehabilitation (or equivalent enclosures) for the size and construction of enclosures used to contain wild animals established by the National Wildlife Rehabilitation Association and the International Wildlife Rehabilitation Council. These standards for wildlife rehabilitation are based on accepted norms in biology, medicine, behavior, natural history, and, of course, wildlife rehabilitation. Under current rules enclosures are generally required to be of sufficient construction to contain the animal, of a size that is adequate for the animal, and free of sharp edges or other hazards. These specific requirements will make it significantly easier for applicants to construct their facilities with a high level of certainty that they will be approved by the department and result in providing humane care. Additionally, applicants for wildlife rehabilitation licenses will need to provide a complete caging/enclosure report with pictures of their enclosures when their rehabilitation license applications are submitted. Under this proposal, the department will have enough flexibility that it would be able to approve enclosures that technically do not meet these standards but which clearly will result in providing humane care, perhaps as a result of design of other ideas and improvements that were not considered in development of standards.

These rules will interpret statutory authority by making a clear statement that the disposition of wild animals that are not capable of being released and having a chance of survival can be determined by the department, as well as rehabilitators. This is already established by statute but is important to restate in these rules because some wildlife rehabilitators utilize this chapter as a summary of regulations.

This proposal will establish that, for purposes of responding to an oil spill or other disaster, a person licensed to rehabilitate wildlife in another state may temporarily assist with rehabilitation in this state. This will facilitate the efficient approval of volunteers who may be needed in this type of an emergency situation. These rules will also correct a cross-reference with rules promulgated by the Department of Agriculture, Trade and Consumer Protection which establish procedures that must be followed if an animal is suspected of having been exposed to rabies. These rules clarify that failing to meet the requirements for the care and treatment of wildlife is a prohibited action.

Current statutes and rule require rehabilitators to keep records of animals received, the condition of the animals and the disposition of each animal. For certain species, quarterly reporting to the department is required. Through this proposal, the department will expand the requirements to include quarterly reporting of elk, deer, moose, fisher, marten, wolverine, weasel, bobcat, lynx and cougars. Quarterly reporting for the possession of mute swans, wild or feral swine, and wolves or wolf-dog hybrids would also be required if rehabilitating those species is allowed.

Wildlife rehabilitation experience is required of an advanced license holder who wishes to sponsor basic license holders. This proposal requires that the advanced license holder be able to document or otherwise prove to the department that they have experience rehabilitating the species being considered and be approved by the department and the Wildlife Rehabilitation Advisory Council to be sponsors.

Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis: The department will solicit comments on an economic impact analysis of this proposal during July 2015. During that period the department will post a preliminary analysis on its website and distribute the proposed rule and analysis to parties it determines would be interested. A copy of the analysis will be posted on the department’s website at http://dnr.wi.gov and can be located by searching for the keywords “administrative rules”.

Anticipated Private Sector Costs: These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector.

Effects on Small Business: Wildlife rehabilitation is typically performed by non-profit organizations or individuals who are not reimbursed by government funding or by fees paid for services. These rules, and the legislation which grants the department rule making authority, will have no economic effect on small businesses. These rules are applicable to wildlife rehabilitators and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.

The proposed rules will not have a significant economic impact on a substantial number of small businesses under 227.114(6) or 227.14(2g).

Agency Contact Person: Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. [phone], [e-mail]