Alert! This chapter may be affected by an emergency rule:
NR 19.001 History History: Cr. Register, September, 1978, No. 273, eff. 10-1-78; r. and recr. Register, January, 1980, No. 289, eff. 2-1-80; cr. (5m) and am. (7), Register, August, 1980, No. 296, eff. 9-1-80; r. (2), (3), (4), (5) and (6), Register, January, 1984, No. 337, eff. 2-1-84; renum. (1) to be (3), cr. (1), (2), (4) and (4m), Register, August, 1985, No. 356, eff 9-1-85; cr. (2m), Register, August, 1986, No. 368, eff. 9-1-86; cr. (2f), (3m), (3p), (3t), (5), (6) and (9), Register, March, 1987, No. 375, eff. 4-1-87; cr. (2e), Register, June, 1988, No. 390, eff. 7-1-88; renum. (1) to (9) to be (2) to (15) and (17) to (19), cr. (1) and (16), Register, October, 1988, No. 394, eff. 11-1-88; emerg. r. (4), eff. 10-16-89; cr. (6m), Register, March, 1990, No. 411, eff. 4-1-90; r. (4), Register, May, 1990, No. 413, eff. 6-1-90; cr. (5m), (7m), (12m) and (16m), Register, February, 1997, No. 494, eff. 3-1-97; CR 04-078: cr. (1m), (4), (4m), (6d), (6h), (12e), and (15m) Register April 2005 No. 592, eff. 5-1-05; emerg. cr. (8g) and (8r), eff. 11-2-07; CR 07-074: cr. (8g) and (8r) Register May 2008 No. 629, eff. 6-1-08; CR 08-021: cr. (13m) Register November 2008 No. 635, eff. 12-1-08; CR 11-030: am. (5) Register February 2012 No. 674, eff. 3-1-12; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register May 2013 No. 689; CR 15-023: cr. (3m) Register December 2015 No. 720, eff. 1-1-16.
NR 19.01 NR 19.01 Approval deadlines.
NR 19.01(1)(1)General. Upon receipt of an application for an approval required to conduct business activities under ch. 29, Stats., ss. 30.50 to 30.54, 350.12 and 350.125, Stats., the department shall review and issue a decision on the application within 10 business days unless a different period is otherwise provided in subs. (2) to (6) or other statutes or rules.
NR 19.01(2) (2)Specific approval deadlines. The following approvals will be acted on as follows: - See PDF for table PDF
NR 19.01(2m) (2m)Approval to remove wild animals causing damage. Permits to remove wild animals causing damage shall be issued within 48 hours of receipt of a written complaint. Permits may be granted orally, but shall be confirmed in writing by the department.
NR 19.01(3) (3)Standards and conditions. If the department requires standards or conditions to be met or complied with prior to issuance of an approval, the time periods for issuing an approval do not begin to run until the applicant has met such standards or conditions as determined by the department.
NR 19.01 Note Example: An applicant for a wildlife exhibit, game, bird and animal farm, or deer farm license is required to meet pen specifications or fencing requirements before the time system for issuance of approvals begins to apply.
NR 19.01(4) (4)Wildlife surveys. If a survey of wildlife on the property is required, the time periods for issuing an approval do not apply until completion of that survey. The survey shall be completed within 30 business days from the time of year that, in the opinion of a professional department wildlife manager, is optimum for determining accurate wildlife populations. At the time the application is received, the department shall inform the applicant of the date by which the survey will be completed.
NR 19.01(5) (5)Environmental impact. If an environmental analysis, environmental impact report or environmental impact statement is required under ss. 1.11 and 23.11 (5), Stats., and ch. NR 150, the time periods for issuing an approval do not apply until ss. 1.11 and 23.11 (5), Stats., and ch. NR 150 have been complied with.
NR 19.01(6) (6)Other approvals. The time for an approval for an activity under sub. (1) will not begin to run until other approvals for that activity are obtained.
NR 19.01 History History: Cr. Register, August, 1985, No. 356, eff. 9-1-85; cr. (2) (l) and (m), Register, July, 1987, No. 379, eff. 8-1-87; emerg. cr. (2) (n), eff. 9-21-88; cr. (2) (n), Register, January, 1989, No. 397, eff. 2-1-89; emerg. r. (2) (l) to (o), cr. (2m), eff. 10-16-89; r. (2) (l) to (n), cr. (2m), Register, May, 1990, No. 413, eff. 6-1-90; CR 05-031: r. (2) (b) to (h), renum. (2) (i), (j) and (k) to be (b), (c) and (d) and am. (c) and (d) Register November 2005 No. 599, eff. 12-1-05; CR 13-022: am. (5) Register March 2014 No. 699, eff. 4-1-14.
NR 19.02 NR 19.02 Handling fees for certain approvals.
NR 19.02(1)(1)Purpose. This section establishes and describes handling fees which may be charged for processing requests for approvals ordered by mail, telephone or electronic means.
NR 19.02(2) (2)Applicability. The provisions of this section apply to licenses, permits, stamps and other approvals issued under the authority of ch. 29, Stats., and offered by the department under extended issuance options and ordered by mail, telephone, or electronic means.
NR 19.02(3) (3)Definitions. As used in this section:
NR 19.02(3)(a) (a) “Approval" has the meaning in s. 29.001 (12), Stats.
NR 19.02(3)(b) (b) “Department" means the department of natural resources.
NR 19.02(3)(c) (c) “Extended issuance options" means the ability to obtain an approval in person and by mail, telephone or electronic means.
NR 19.02(3)(d) (d) “Order" means a single request from a person for an approval or approvals.
NR 19.02(4) (4)Fee for handling applications for certain approvals.
NR 19.02(4)(a)(a) In addition to the obligation to pay all fees imposed under s. 29.563, Stats., a person who orders an approval by mail, telephone or electronic means is required to pay a handling fee established in accordance with this section for each order.
NR 19.02(4)(b) (b) The handling fee for each order shall be established by the department based upon projected mailing costs, credit transaction fees, credit verification fees, personnel costs, telecommunications costs and lock box charges associated with processing the order and may not exceed $5.00 per order.
NR 19.02(4)(c) (c) The handling fee under this section shall be established consistent with par. (b) annually prior to April 1 by the secretary of the department.
NR 19.02(4)(d) (d) An order submitted by mail, telephone, or electronic means without payment of all associated fees required under s. 29.563, Stats., and the handling fee in a manner acceptable by the department is not a complete application for the approval and the order will be returned.
NR 19.02(4)(e) (e) If an application for an approval is denied, the handling fee is not refundable.
NR 19.02 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96; CR 04-020: am (2) and (3) (c) Register August 2004 No. 584, eff. 9-1-04; CR 05-086: am. (4) (b) Register June 2006 No. 606, eff. 7-1-06.
NR 19.025 NR 19.025Waivers for an educational recreational activity.
NR 19.025(1)(1)Purpose. This section contains rules for the procedures required to apply to the department for a waiver of approvals, applicable fees and other requirements pursuant to s. 29.197 (2) and (5), Stats., for an educational, recreational and skills development activity that is sponsored or approved by the department. It further explains the reasonable conditions, limitations and restrictions that will be necessary to allow for approval of the waiver.
NR 19.025(2) (2)Definitions. As used in this section:
NR 19.025(2)(a) (a) “Accompany" means be in immediate presence of the novice participant.
NR 19.025(2)(b) (b) “Educational outdoor skills activity" means a course to teach novice participants how to hunt, trap or fish.
NR 19.025(2)(c) (c) “Mentor" means a person who is instructing or assisting with teaching of the educational outdoor skills activity.
NR 19.025(2)(d) (d) “Novice participant" for fishing means any person who is 5 years of age or older who has less than 2 years of fishing experience.
NR 19.025(2)(e) (e) “Substantial loss of revenue" means a loss of fishing, trapping and hunting license fees from persons who are not novice participants.
NR 19.025(3) (3)General; conditions, limitations and restrictions.
NR 19.025(3)(a)(a) An applicant shall submit a request for a waiver at least 30 days prior to a hunting or trapping event and 15 days before a fishing event. The department may waive the 15 day period for fishing events when the department determines it is not required to conduct criminal history, character or background checks. All applications shall be submitted on forms provided by the department.
NR 19.025(3)(b) (b) A written course outline shall be submitted along with the request for waiver for approval by the department.
NR 19.025(3)(c) (c) There shall be a minimum of 4 hours of classroom and field instruction prior to the hunting or fishing activity.
NR 19.025(3)(dm) (dm) If there are more novice participant applicants for a specific educational outdoor skills activity event or location than the department or applicant sponsoring the event is able to accommodate, the department may select which of the novice participant applicants will be allowed to participate. When making this selection, the department shall give preference to those novice participant applicants who have had the least previous exposure, as determined by the department, to that recreational activity or the least opportunity to accompany others and learn about that recreational activity.
NR 19.025(3)(e) (e) Where applicable, written authorization from host landowner shall be obtained and submitted with the application. It shall include the legal description of the lands on which the activity will be conducted. If department lands are to be used, the written approval of the property manager shall be obtained.
NR 19.025(3)(f) (f) Unless otherwise approved, the novice participants and mentors participating in the activity shall comply with all natural resource rules and regulations.
NR 19.025(3)(g) (g) Waivers may not be issued that allow for the shooting of wild animals or the catching of fish by a mentor or instructor.
NR 19.025(3)(h) (h) Novice participants may not be charged a fee which exceeds the costs of materials used in the course, equipment rental, meals and overnight accommodations.
NR 19.025(3)(i) (i) Upon receipt of information indicating prior illegal activity relevant to a mentor's ability to properly assist or instruct novice participants, the department may make appropriate inquiry into criminal history, character and background of mentoring applicants and determine their suitability for the proposed activity.
NR 19.025(3)(j) (j) One of the mentors shall carry the department approved waiver with list of participants during the educational recreational activity.
NR 19.025(3)(k) (k) Waivers under this section shall only apply to novice participants.
NR 19.025(3)(L) (L) The waiver of the approval and applicable fees will not result in a substantial loss of revenue to the department.
NR 19.025 Note Note: Applications may be obtained from any department office.
NR 19.025(4) (4)Special hunting conditions, limitations and restrictions.
NR 19.025(4)(a)(a) During the field portion of the hunting activity a mentor shall accompany a novice participant.
NR 19.025(4)(b) (b) During hunting skills field activities the area shall be posted with a sign advising of the activity.
NR 19.025(4)(c) (c) At least one mentor shall be a certified hunter education instructor.
NR 19.025(4)(d) (d) Mentors shall have at least 5 years of hunting experience.
NR 19.025(5) (5)Special fishing conditions, limitations and restrictions.
NR 19.025(5)(a)(a) Except as provided in par. (b), the applicant, instructors and mentors shall possess a valid fishing approval.
NR 19.025(5)(b) (b) Non-licensed mentors may be involved with assisting but will need approvals if they take part in the actual fishing activity unless they are enrolled as a novice participant.
NR 19.025(6) (6)State parks. Waivers may be issued that allow the following activities in state parks:
NR 19.025(6)(a) (a) Possession of loaded and uncased firearms.
NR 19.025(6)(b) (b) Possession of strung and uncased bows.
NR 19.025(6)(c) (c) Hunting or trapping on properties opened for the hunting of these species under s. 29.089 (1m), Stats.
NR 19.025(6)(d) (d) Use of unleashed dogs.
NR 19.025(7) (7)Exemptions. This section does not apply to special hunting events established under s. NR 10.01.
NR 19.025 History History: Cr. Register, July, 1997, No. 499, eff. 8-1-97; CR 06-012: am. (2) (d) Register December 2006 No. 612, eff. 2-1-07; CR 09-018: am. (3) (a) and (5) (a) Register February 2010 No. 650, eff. 3-1-10; CR 09-024: am. (2) (b), (d) and (e) Register May 2010 No. 653, eff. 6-1-10; CR 10-020: am. (2) (d), cr. (3) (dm) Register October 2010 No. 658, eff. 2-1-11; CR 13-108: am. (6) (c) Register August 2014 No. 704, eff. 9-1-14; CR 17-013: am. (2) (d), r. (3) (d), Register February 2018 No. 746 eff. 3-1-18.
NR 19.03 NR 19.03 Control of muskrats on cranberry marshes.
NR 19.03(1)(1)The owner or lessee of any improved cranberry marsh area shall comply with s. 29.885, Stats.
NR 19.03(3) (3)The provisions of this section shall not apply to any person or persons who own or are interested in a cranberry marsh situated in the same area wherein said owners are the licensees of a muskrat farm or in which such person or persons have an interest.
NR 19.03(4) (4)The department or its authorized agents may assist any owner or operator of improved cranberry marsh areas with the removal of muskrats from areas that have been damaged, or are being damaged by such muskrats, wherein they believe that the muskrats can be taken alive and removed to other localities deemed advisable by the department.
NR 19.03(5) (5)Any such cranberry marsh areas where muskrats are being controlled as provided in this section shall be open to the inspection of the department or its authorized agents at any time.
NR 19.03 History History: 1-2-56; r. (2), Register, August, 1966, No. 128, eff. 9-1-66; renum. from WCD 19.03 to be NR 19.03, and am. (1), (4) and (5), Register, April, 1971, No. 184, eff. 5-1-71; r. and recr. (1), Register, August, 1979, No. 284, eff. 9-1-79.
NR 19.05 NR 19.05 Release, importation and transportation of fish.
NR 19.05(1)(1)No person, persons, firm or corporation may bring into the state to introduce or release or cause to be introduced or released in any manner into the inland or outlying waters any fish or the eggs or spawn thereof, without first applying for in writing and receiving a written permit from the department or its duly authorized agents. The permit shall be granted only after the department or its agents investigates and inspects the fish or the eggs or spawn thereof as it deems necessary to determine that the introduction or release will not be detrimental in any manner to the conservation of the natural resources of the state. Inspection may include removal of reasonable samples of fish and eggs for biological examination. The responsibility of licensees holding private fish hatchery licenses is stated in ss. 29.735 and 29.736, Stats.
NR 19.05(2) (2)Permits to import fish or eggs of the family Salmonidae (trout, char, salmon) shall be issued at no charge to a person who has applied on a special form furnished by the department. Such permit will be issued only if the immediate source of fish or eggs is certified free of infectious hematopoietic necrosis, viral hemorrhagic septicaemia, whirling disease, enteric redmouth and Ceratomyxa shasta, except that eggs from wild stocks do not have to be certified free of whirling disease. Certification shall be made in the state of origin and may be accomplished only by biologists recognized by the department as competent in diagnosis of fish diseases. For informational purposes the source of fish or eggs will also be inspected for infectious pancreatic necrosis, kidney disease and bacterial furunculosis. Inspecting biologists will submit a written inspection report to the department. A copy of the importation permit must accompany each shipment of fish or eggs.
NR 19.05(3) (3)No person may transport live fish or live fish eggs away from any inland or outlying water or its bank or shore, except:
NR 19.05(3)(a) (a) Live fish or live fish eggs being transported out of state in compliance with the United States Department of Agriculture Animal and Plant Health Inspection Service's regulations and orders.
NR 19.05(3)(b) (b) Live fish or live fish eggs that have been tested for Viral Hemorrhagic Septicemia using methods approved by the department of agriculture, trade and consumer protection and that were found to be free of the Viral Hemorrhagic Septicemia virus.
NR 19.05(3)(c) (c) Live fish or live fish eggs being transported with the prior written approval of the department, where the department has determined that the proposed activity will not allow Viral Hemorrhagic Septicemia virus to be transported to other waters.
NR 19.05(3)(d) (d) Live minnows being transported away from the water where they were taken by a bait dealer who harvested the minnows in compliance with a wild bait harvest permit issued under s. NR 19.057.
NR 19.05(3)(e) (e) Live minnows that were obtained from a Wisconsin bait dealer and subsequently possessed by the person while on an inland or outlying water, its bank or shore, if the minnows have not been exposed to water or fish from that inland or outlying water.
NR 19.05(3)(f) (f) Live minnows that were obtained from a Wisconsin bait dealer and subsequently possessed by the person while on an inland or outlying water, its bank or shore, if the minnows will be used for bait only on the same inland or outlying water, its bank or shore.
NR 19.05(4) (4)Except as authorized under permits pursuant to ch. NR 40 and 50 CFR 16.22, no person may transport Asian carp over land within or through Wisconsin unless the Asian carp have been eviscerated or the gills plate completely severed so that the fish cannot be revived under any circumstances.
NR 19.05 History History: 1-2-56; am. (2), Register, October, 1969, No. 166, eff. 1-1-70; renum. from WCD 19.05 to be NR 19.05, and am. (1), (2) and (3), Register, April, 1971, No. 184, eff. 5-1-71; r. and recr. Register, August, 1977, No. 260, eff. 9-1-77; CR 03-030: am. (1) Register October 2003 No. 574, eff. 11-1-03; emerg. am. (title), cr. (3), eff. 11-2-07; EmR0808: emerg. cr. (3) (e) and (f), eff. 4-4-08; CR 07-074: am. (title), cr. (3) Register May 2008 No. 629, eff. 6-1-08; CR 15-023: cr. (4) Register December 2015 No. 720, eff. 1-1-16.
NR 19.055 NR 19.055Drainage of water from boats and equipment required.
NR 19.055(1)(1)Except as provided in subs. (3) to (5), any person who removes a boat, boat trailer, boating equipment or fishing equipment from any inland or outlying water or its bank or shore shall drain all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container immediately after removing the boat, boat trailer, boating equipment or fishing equipment from the water, bank or shore.
NR 19.055(2) (2)Except as provided in subs. (3) and (4), no person may transport over land from another state any boat, boat trailer, boating equipment or fishing equipment for use on any water of the state or its bank or shore unless the person drains all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container before entering the state.
NR 19.055(3) (3)The department may exempt any boat, boat trailer, boating equipment or fishing equipment in writing from sub. (1) or (2) if it determines that it will not allow Viral Hemorrhagic Septicemia virus to be transported to other waters.
NR 19.055(4) (4)Subsections (1) and (2) do not apply to tanks or containers of potable drinking water or other beverages meant for human consumption.
NR 19.055(5) (5)Subsection (1) does not apply to water in a container that holds live bait minnows obtained from a Wisconsin bait dealer, if the container holds no other fish, contains 2 gallons or less of water, and is used to transport only live minnows that have not been exposed to water or fish from that inland or outlying water or will be used for bait only on the same inland or outlying water, its bank or shore.
NR 19.055 History History: Emerg. cr. eff. 11-2-07; EmR0808: emerg. cr. (5), eff. 4-4-08; CR 07-074: cr. Register May 2008 No. 629, eff. 6-1-08.
NR 19.057 NR 19.057Bait dealer's wild harvest permit required; criteria; records required.
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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.