Alert! This chapter may be affected by an emergency rule:
NR 19.77(6) (6)Sanitation.
NR 19.77(6)(a) (a) Removal and disposal of wildlife food wastes, feces and urine, bedding, carcasses, trash, garbage, and debris from the enclosure and premises shall be performed frequently to maintain sanitary conditions and protect wildlife and human health.
NR 19.77(6)(b) (b) Cages, rooms, hard surfaced pens, kennels, runs, equipment, and food and water receptacles shall be sanitized between each wildlife use to prevent disease transmission.
NR 19.77(6)(c) (c) Excess water shall be drained from enclosures and may not drain into neighboring enclosures.
NR 19.77(6)(d) (d) Wildlife in enclosures shall be protected from contact with cleaning activities and chemicals.
NR 19.77 History History: CR 03-029: cr. Register December 2003 No. 576, eff. 1-1-04; CR 08-021: am. (2) (f) Register November 2008 No. 635, eff. 12-1-08; CR 15-054: am. (2) (a) Register July 2018 No. 751, eff. 8-1-18.
NR 19.78 NR 19.78Care and treatment of wildlife.
NR 19.78(1)(1)Any orphaned, sick or injured wildlife, except endangered or threatened species, that the licensee determines is not capable of being rehabilitated or having a reasonable chance of survival in the wild shall be treated under one of the following options:
NR 19.78(1)(a) (a) Euthanized.
NR 19.78(1)(b) (b) Turned over to the department.
NR 19.78(1)(c) (c) Disposed of as directed by the department.
NR 19.78(1)(d) (d) Retained for the purpose of long-term care at the direction of the department.
NR 19.78(2) (2)A licensee shall notify the department within 48 hours of receipt of federal or state endangered or threatened species.
NR 19.78(3) (3)State endangered or threatened species may be euthanized and disposed of only under direction of the department.
NR 19.78(4) (4)Federally endangered or threatened migratory birds may only be euthanized and disposed of under the direction of the migratory bird permit office, United States fish and wildlife service, and the department.
NR 19.78(5) (5)Federally endangered or threatened mammals shall only be euthanized and disposed of under direction of the endangered species permit office of the United States fish and wildlife service and the department.
NR 19.78(6) (6)No licensee may keep any orphaned, sick or injured migratory bird for the purpose of rehabilitation, including birds not ready for release prior to the onset of cold weather, longer than 180 days unless an extension is granted by the migratory bird permit office of the United States fish and wildlife service, and the department for each individual case.
NR 19.78(7) (7)No licensee may keep any orphaned, sick or injured wildlife for the purpose of rehabilitation, including wildlife not ready for release prior to the onset of cold weather, longer than 180 days unless an extension is granted by the department for each individual case.
NR 19.78(8) (8)When the licensee determines that the injured or sick wildlife have sufficiently recovered, or orphaned wildlife has matured to an age where there is reasonable chance for survival in the wild, wildlife shall be released at an appropriate location with landowner permission unless otherwise authorized by the department.
NR 19.78(9) (9) For the purpose of responding to an oil spill, a currently licensed rehabilitator from another state may, under the approval of the secretary or their designee, temporarily assist in Wisconsin with the rehabilitation of wildlife affected by an oil spill in this state subject to conditions established by the department.
NR 19.78(10) (10)A licensee shall quarantine all animals reported under s. NR 19.79 (2) and animals shall be handled as directed by the department, including conducting rabies testing at the direction and in the presence of the department or its agents.
NR 19.78(11) (11) If a licensee's relationship with a consulting veterinarian under s. NR 19.74 (1) (a) is terminated, the licensee may not admit new patients until a new consulting veterinarian is obtained. The licensee shall establish a new relationship with a consulting veterinarian and notify the department within 10 business days.
NR 19.78(12) (12) In the event that the department makes a determination which directs what the disposition of a wild animal shall be, no person may fail to comply.
NR 19.78 History History: CR 03-029: cr. Register December 2003 No. 576, eff. 1-1-04; CR 08-021: am. (2) Register November 2008 No. 635, eff. 12-1-08; CR 09-024: am. (4) Register May 2010 No. 653, eff. 6-1-10; CR 15-054: cr. (9) to (12) Register July 2018 No. 751, eff. 8-1-18; correction in (10), (11) made under s. 35.17, Stats., Register July 2018 No. 751.
NR 19.79 NR 19.79Infectious disease reporting and response.
NR 19.79(1)(1) A licensee or consulting veterinarian shall report animal diseases as required by s. ATCP 10.03 if diagnosed in wildlife being rehabilitated and to the department's wildlife health program.
NR 19.79(2) (2) If a licensee knows or reasonably suspects that a rabies-vector species mammal in their care may have or has been exposed to rabies, or that a human or domestic animal has been bitten or scratched by a possible rabies-vector species in the licensee's possession, the licensee shall make reports required under sub. (1), quarantine the animal, and handle the animal as directed by their local or county public health department of the Wisconsin State Laboratory of Hygiene, which may include submitting the animal for rabies testing by the Wisconsin State Laboratory of Hygiene.
NR 19.79 Note Note: The wildlife health program may be contacted by calling 1-888-936-7463.
NR 19.79 History History: CR 03-029: cr. Register December 2003 No. 576, eff. 1-1-04; CR 15-054: renum. NR 19.79 to (1) and am., cr. (2) Register July 2018 No. 751, eff. 8-1-18; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751.
NR 19.80 NR 19.80Record keeping and reporting.
NR 19.80(1)(1)A wildlife rehabilitation license may not be renewed until the licensee has submitted an annual report in accordance with s. 169.36 (10), Stats., and any additional required records that the department has specifically requested.
NR 19.80(2) (2)An advanced licensee and a basic licensee shall provide a copy of the records required to be maintained for that license to the department quarterly as follows:
NR 19.80(2)(a) (a) Quarterly submission of records shall be provided to the department by April 30th, July 31st, October 31st and January 31st each year, and shall consist of a copy of all required records maintained during the 3 previous months.
NR 19.80(2)(b) (b) Records to be included in the quarterly report shall consist of complete records of all transactions or activity involving any wild animals of the following families:
NR 19.80(2)(b)1. 1. Canidae (coyotes, foxes, wolves).
NR 19.80(2)(b)2. 2. Ursidae (bears).
NR 19.80(2)(b)3. 3. Mustelidae (badger, mink, otter, skunk, fisher, marten, wolverine, weasel).
NR 19.80(2)(b)4. 4. Felidae (bobcat, lynx, cougars).
NR 19.80(2)(b)5. 5. Cervidae (elk, deer, moose).
NR 19.80(2)(b)6. 6. Suidae (pure wild strains of swine commonly known by the name European, Eurasian, Russian or hybrids with domestic strains and animals which are confined but which exhibit characteristics of being in an untamed state, and as established in s. NR 16.11).
NR 19.80(2)(b)7. 7. Anatidae (mute swans).
NR 19.80(2)(b)8. 8. Canidae (Hybrids of the species Canis lupus, C. lycaon, or C. rufus commonly known as wolves and the species Canis familiaris, domestic dogs, and subsequent generations from such matings as established in s. NR 16.11).
NR 19.80 Note Note: The department may restrict the rehabilitation of species when necessary to control the spread of disease, to protect public health, or to prevent harmful environmental impacts. Pursuant to ss. 169.085 and 169.11 (1) (b) Stats., the department does not allow rehabilitation of wolves or wolf-dog hybrids.
NR 19.80 History History: CR 03-029: cr. Register December 2003 No. 576, eff. 1-1-04; corrections made to (2) under s. 13.93 (2m) (b) 1., Stats., Register December 2003 No. 576; CR 15-054: am. (2) (b) 3., cr. (2) (b) 5. to 8. Register July 2018 No. 751, eff. 8-1-18; correction in (2) (b) 6., 8. made under s. 35.17, Stats., Register July 2018 No. 751.
NR 19.81 NR 19.81Qualifications of sponsors. Advanced licensees may elect to sponsor and provide consultation and advice to basic licensees. Potential sponsors will be reviewed by the wildlife rehabilitation advisory council and the department. A person desiring to be an advanced sponsor shall do all of the following:
NR 19.81(1) (1) Submit a request to the wildlife rehabilitation program manager requesting designation as a sponsor.
NR 19.81(2) (2) Submit to the wildlife rehabilitation program manager, documentation of experience rehabilitating those wildlife species which the basic licensee is authorized to possess.
NR 19.81(3) (3) Be actively rehabilitating the species the basic licensee is authorized for, or have a facility prepared to rehabilitate the species in compliance with s. NR 19.77.
NR 19.81 Note Note: Contact information for the wildlife rehabilitation program manager may be obtained by calling 1-888-936-7463.
NR 19.81 History History: CR 03-029: cr. Register December 2003 No. 576, eff. 1-1-04; CR 15-054: am. (intro.), (1), (2), cr. (3) Register July 2018 No. 751, eff. 8-1-18; correction in (3) made under s. 35.17, Stats., Register July 2018 No. 751.
NR 19.82 NR 19.82Wildlife rehabilitation advisory council.
NR 19.82(1)(1)The secretary shall appoint persons experienced with wildlife biology, rehabilitation, law enforcement, and veterinary medicine to the wildlife rehabilitation advisory council.
NR 19.82(2) (2) The wildlife rehabilitation advisory council shall assist the department with development of wildlife rehabilitation examinations, facility inspections, and recommendations which may be used in department decision making as it pertains to wildlife rehabilitation, wildlife health, or captive wildlife activities.
NR 19.82 History History: CR 03-029: cr. Register December 2003 No. 576, eff. 1-1-04; CR 15-054: am. Register July 2018 No. 751, eff. 8-1-18; correction in (1) made under s. 35.17, Stats, Register July 2018 No. 751.
NR 19.83 NR 19.83Additional conditions.
NR 19.83(1)(1)Any license issued after January 1, 2004, is subject to requirements of this subchapter.
NR 19.83(2) (2)On January 1, 2004, all existing Wisconsin wildlife rehabilitation permittees will be granted a provisional license for 2 years. After 2 years from the effective date of the provisional license, these provisional licensees may apply for a license pursuant to this subchapter.
NR 19.83(3) (3)An individual applying for a license pursuant to s. NR 19.73 (2) and (3) shall take the examination and meet the requirements established in s. NR 19.75.
NR 19.83 History History: CR 03-029: cr. Register December 2003 No. 576, eff. 1-1-04.
NR 19.84 NR 19.84Modifications. The department may amend or add conditions to licenses issued under this subchapter at any time if there is a risk to public or animal health and human or animal welfare or there is a risk to the health and welfare of the environment.
NR 19.84 History History: CR 03-029: cr. Register December 2003 No. 576, eff. 1-1-04; CR 15-054: am. Register July 2018 No. 751, eff. 8-1-18.
NR 19.85 NR 19.85Disclaimer. The number of licenses issued under this subchapter may be restricted by the department based on the need for wildlife rehabilitation. Possession and care of any wildlife under this subchapter does not create a property right to the wildlife for the licensee.
NR 19.85 History History: CR 03-029: cr. Register December 2003 No. 576, eff. 1-1-04.
subch. III of ch. NR 19 Subchapter III — Permitting the Use of Natural Bodies of Water as Fish Farms
NR 19.90 NR 19.90 Purpose and applicability.
NR 19.90(1)(1)Purpose. The purpose of this subchapter is to establish fees, criteria and procedures to be used for permitting the use of natural bodies of water as fish farms as required under s. 29.733 (2) (f), Stats.
NR 19.90(2) (2)Applicability. The provisions of this subchapter are applicable to:
NR 19.90(2)(a) (a) Fish farms and state-owned hatcheries located in or proposed to be located in freeze-out ponds.
NR 19.90(2)(b) (b) Natural bodies of water that were licensed as a private fish hatchery or licensed as a part of a private fish hatchery in 1997.
NR 19.90(2)(c) (c) A freeze-out pond or more than one freeze-out pond that is proposed as a fish farm at the time of application and is located on the same contiguous parcel of property under the same ownership or leasehold.
NR 19.90(2)(d) (d) Bodies of water for which a person was issued a permit under ss. 30.19, 30.195, or 31.04, Stats.
NR 19.90 History History: Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 03-030: renum. from s. NR 16.70 Register October 2003 No. 574, eff. 11-1-03; correction made under s. 13.93 (2m) (b) 1., Stats., Register October 2003 No. 574; CR 13-001: cr. (2) (d) Register August 2013 No. 692, eff. 9-1-13.
NR 19.91 NR 19.91 Definitions. In this subchapter:
NR 19.91(1) (1)“Barrier equipped" means the placement of a structure or device which prevents the movement of fish or bait from a fish farm to a natural body of water.
NR 19.91(1m) (1m)“Department fish hatching and rearing facilities" means all fish hatching and rearing waterbodies owned by the department, or leased or controlled through a cooperative agreement between the property owner and the department and where the department owns all the fish.
NR 19.91(2) (2)“Freeze-out pond" has the meaning specified in s. 29.001 (29), Stats.
NR 19.91(3) (3)“Natural body of water" means any spring, stream, pond, lake, or wetland that was historically present in a natural state but may have been physically altered over time.
NR 19.91(4) (4)“Preexisting fish rearing facility" has the meaning specified in s. 29.001 (64), Stats.
NR 19.91(5) (5)“Transfer of permit" means the conveyance of a permit from one party to another as a result of change in ownership or leasehold interest of a fish farm.
NR 19.91(6) (6)“Wetland" has the meaning specified under s. 23.32, Stats.
NR 19.91 Note Note: For purposes of this subchapter, a natural body of water does not include an artificial wetland, as defined under s. NR 103.02 (1m) or any swale, bermed area or excavation that is not located in a wetland, pond, lake, stream or spring that was historically present in a natural state, if the artificial wetland, swale, bermed area or excavation retains water as the result of human modification of the landscape or is constructed of man-made materials.
NR 19.91 History History: Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 01-128: cr. (1m), am. (3) Register June 2002 No. 558, eff. 7-1-02; CR 03-030: renum. from s. NR 16.71 Register October 2003 No. 574, eff. 11-1-03; correction made under s. 13.93 (2m) (b) 1., Stats., Register October 2003 No. 574; CR 13-001: am. (3) Register August 2013 No. 692, eff. 9-1-13.
NR 19.92 NR 19.92 Natural body of water permit application fees. Permit application fees for the use of natural bodies of water for fish farms shall be as follows:
NR 19.92(1) (1)Permit applicants for the initial use of freeze-out ponds as fish farms shall pay a $500.00 non-refundable permit application fee.
NR 19.92(2) (2)Permit applicants for permit transfers shall pay a non-refundable permit transfer fee of $100.00.
NR 19.92(3) (3)Permit applicants for permit renewals shall pay a non-refundable permit renewal fee of $50.00.
NR 19.92 History History: Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 03-030: renum. from s. NR 16.72 Register October 2003 No. 574, eff. 11-1-03; correction made under s. 13.93 (2m) (b) 1., Stats., Register October 2003 No. 574; CR 13-001: am. (intro.), r. (1), renum. (2) to (1), renum. (3) to (2) and am., cr. (3) Register August 2013 No. 692, eff. 9-1-13.
NR 19.93 NR 19.93 Applicant permit procedures for use of natural bodies of water for fish farms.
NR 19.93(1)(1)The deadline for permits reauthorized under s. 29.733 (2) (b), Stats., was January 1, 2003.
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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.