Alert! This chapter may be affected by an emergency rule:
NR 19.13 Note Note: The term “carcass” is defined in s. 29.001 (18) Stats. as the dead body of any wild animal, including any part of the wild animal or the eggs of the wild animal.
NR 19.13 Note Note: This section prevents field dressing of animals killed by motor vehicles, within the highway right-of-way.
NR 19.13 Note Note: This sub. does not prevent the movement of a carcass to the shoulder or ditch to maintain highway safety.
NR 19.13 History 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; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689; CR 16-037: r. and recr. Register April 2017 No. 736, eff. 5-1-17.
NR 19.25 NR 19.25 Wild animal protection. Unless engaged in dog training or dog trials as authorized by the department in s. NR 17.001 (3) and (5), 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 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.
NR 19.26 NR 19.26 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.
NR 19.26(2) (2)No person may take frogs with the aid of a firearm or air gun.
NR 19.26(3) (3)Possession limits for frogs are established in s. NR 16.12.
NR 19.26 History 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.
NR 19.27 NR 19.27 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 PDF
NR 19.27(4) (4)Additional restrictions.
NR 19.27(4)(a) (a) Crayfish.
NR 19.27(4)(a)1.1. `Prohibitions.' No person may:
NR 19.27(4)(a)1.a. a. Use live crayfish as bait on the inland waters except on the Mississippi river.
NR 19.27(4)(a)1.b. b. 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.
NR 19.27(4)(a)1.c. c. 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.
NR 19.27(4)(a)1.d. d. 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.
NR 19.27(4)(a)2. 2. `Bait.'
NR 19.27(4)(a)2.a.a. 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.
NR 19.27(4)(a)2.b. b. 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.
NR 19.27(4)(a)3. 3. `Floats or markers.' Floats or markers used to locate traps for the taking of crayfish:
NR 19.27(4)(a)3.a. a. May not exceed 5 inches in size at its greatest dimension;
NR 19.27(4)(a)3.b. b. May not extend more than 4 inches above the surface of the water.
NR 19.27(4)(a)3.c. c. Shall plainly and clearly display in the English language the name and address of the owner or operator; and
NR 19.27(4)(a)3.d. d. Shall be of a color other than orange or fluorescent colorations.
NR 19.27(4)(a)4. 4. `Traps.' 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 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.
NR 19.275 NR 19.275Turtles.
NR 19.275(1)(1)Applicability. 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 and 22.13, respectively.
NR 19.275(2) (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.
NR 19.275(3) (3)Additional restrictions. No person may do any of the following:
NR 19.275(3)(a) (a) 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 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.
NR 19.275(3)(b) (b) Take turtles by methods other than hoop net turtle traps that comply with par. (c), hand, hook, and line when in possession of a fishing license, setline, or set or bank poles when in possession of a setline or set or bank pole license used in compliance with s. NR 20.12, or hooking.
NR 19.275(3)(c) (c) Use a hoop net turtle trap to take turtles unless it complies with all of the following criteria:
NR 19.275(3)(c)1. 1. It is constructed with no less than 6 inch stretch measure mesh net as defined in s. NR 25.02 (28).
NR 19.275(3)(c)2. 2. The net is nylon or other stretchable fabric. Wire may not be used.
NR 19.275(3)(c)3. 3. 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.
NR 19.275(3)(c)4. 4. 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.
NR 19.275(3)(d) (d) 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.
NR 19.275(3)(e) (e) Use a hoop net turtle trap unless it is checked and the entrapped contents removed at least once each day.
NR 19.275(3)(f) (f) Place, use or tend more than 3 hoop net turtle traps.
NR 19.275(3)(g) (g) 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.
NR 19.275(3)(h) (h) 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.
NR 19.275(3)(i) (i) 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.
NR 19.275(3)(j) (j) Place, set, or use a hoop net turtle trap within 200 feet of any fishway, lock, or dam.
NR 19.275(3)(k) (k) 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 and 20.12.
NR 19.275(4) (4)Seasons and limits: - See PDF for table PDF
NR 19.275 History 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; CR 13-001: am. (3) (b) Register August 2013 No. 692, eff. 9-1-13; CR 14-025: cr. (4) (bm) Register May 2015 No. 713, eff. 6-1-15.
NR 19.28 NR 19.28 Taxidermy.
NR 19.28(1)(1)Transportation. 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) and (6), Stats., shall be completed immediately and shall accompany the carcass during transportation.
NR 19.28(2) (2)Possession.
NR 19.28(2)(a) (a) 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.
NR 19.28(2)(b) (b) 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.
NR 19.28(3) (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 History: Cr. Register, March, 1987, No. 375, eff. 4-1-87.
NR 19.30 NR 19.30 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.
NR 19.30 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96; am. Register, September, 1998, No. 513, eff. 10-1-98; CR 09-018: am. Register February 2010 No. 650, eff. 3-1-10.
NR 19.40 NR 19.40 Department authority to void local hunting, fishing and trapping ordinances.
NR 19.40(1)(1)Purpose. 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.
NR 19.40(2) (2)Definitions. In this section:
NR 19.40(2)(a) (a) “Building devoted to human occupancy" has the meaning used in s. 941.20 (1) (d), Stats.
NR 19.40(2)(b) (b) “Undeveloped lands" has the meaning given in s. 943.13 (1e) (cr), Stats.
NR 19.40(3) (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.
NR 19.40(3)(a) (a) The extent to which the ordinance affects undeveloped lands or lands which are zoned agricultural, forestry, lowland conservancy, upland conservancy or flood plain.
NR 19.40(3)(b) (b) The extent to which the department has received complaints about the ordinance.
NR 19.40(3)(c) (c) Whether the ordinance purports to directly regulate hunting.
NR 19.40(3)(d) (d) 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 Note: At the current time, the fee established by s. NR 19.02 (4) (b) is $3.00.
NR 19.40(3)(e) (e) 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.
NR 19.40(3)(f) (f) 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.
NR 19.40(3)(g) (g) 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.
NR 19.40(3)(h) (h) Whether the ordinance prohibits the discharge of shotguns or bows within all areas of the municipality.
NR 19.40(3)(i) (i) Whether the ordinance prohibits the discharge of bows.
NR 19.40(3)(j) (j) Whether existing state laws adequately address the local safety concerns.
NR 19.40(3)(k) (k) Whether the ordinance prohibits fishing by individuals located on public waters.
NR 19.40(3)(L) (L) Whether less restrictive alternatives are available to address a municipality's safety concerns.
NR 19.40(3)(m) (m) Whether the ordinance prohibits live trapping.
NR 19.40(3)(n) (n) Whether the ordinance has no apparent health or safety purpose.
NR 19.40(4) (4)Exception. This section does not apply to fishing rafts subject to regulation under s. 30.126, Stats.
NR 19.40(5) (5)Procedures.
NR 19.40(5)(a) (a) 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.
NR 19.40(5)(b) (b) Hearings shall be conducted to the extent possible in a manner consistent with s. 227.18 (1) and (2), Stats.
NR 19.40(5)(c) (c) The final decision shall be made by the secretary or the secretary's designee.
NR 19.40(5)(d) (d) The decision shall be in writing and accompanied by findings of fact and conclusions of law.
NR 19.40(5)(e) (e) 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.
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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.