(3) Additional restrictions.
No person may do any of the following:
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
NR 19.275 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.
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.
Use a hoop net turtle trap to take turtles unless it complies with all of the following criteria:
The net is nylon or other stretchable fabric. Wire may not be used.
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.
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.
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.
Use a hoop net turtle trap unless it is checked and the entrapped contents removed at least once each day.
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.
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.
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.
Place, set, or use a hoop net turtle trap within 200 feet of any fishway, lock, or dam.
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
NR 19.275 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.
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)
, Stats., shall be completed immediately and shall accompany the carcass during transportation.
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.
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.
(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
Cr. Register, March, 1987, No. 375
, eff. 4-1-87.
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.
Department authority to void local hunting, fishing and trapping ordinances. NR 19.40(1)(1)
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.
(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.
The extent to which the ordinance affects undeveloped lands or lands which are zoned agricultural, forestry, lowland conservancy, upland conservancy or flood plain.
The extent to which the department has received complaints about the ordinance.
Whether the ordinance purports to directly regulate hunting.
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
At the current time, the fee established by s. NR 19.02 (4) (b)
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.
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.
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.
Whether the ordinance prohibits the discharge of shotguns or bows within all areas of the municipality.
Whether the ordinance prohibits the discharge of bows.
Whether existing state laws adequately address the local safety concerns.
Whether the ordinance prohibits fishing by individuals located on public waters.
Whether less restrictive alternatives are available to address a municipality's safety concerns.
Whether the ordinance has no apparent health or safety purpose.
This section does not apply to fishing rafts subject to regulation under s. 30.126
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.
The final decision shall be made by the secretary or the secretary's designee.
The decision shall be in writing and accompanied by findings of fact and conclusions of law.
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.
NR 19.40 History
Cr. Register, May, 2001, No. 545
, eff. 6-1-01; correction in (2) (b) made under s. 13.92 (4) (b) 7.
, Stats., Register May 2013 No. 689
NR 19.50 All-terrain vehicle and bowhunter, snowmobile and hunter education program fee.
The fee for the all-terrain vehicle and bowhunter, snowmobile and hunter education certification programs shall be $10.00 per student. The department may authorize the instructors to retain up to 50 percent of the fee to defray authorized expenses incurred locally to operate the program based on the actual cost incurred to the instructor. The remaining funds shall be turned in to the department to defray expenses incurred to operate these programs during the year. The fee for advanced hunter education courses shall only be the amount necessary, but not to exceed $50 per student. Only instructors certified by the department to teach advanced education courses under this section may charge a fee for the advanced education courses. The department may authorize specialized fees for Internet based all-terrain vehicle and snowmobile education certification programs pursuant to a memorandum of understanding with entities managing these programs for the department. The specialized fee shall be in lieu of the $10.00 per student fee and shall be sufficient to defray authorized operational costs of entities managing these programs for the department as well as operational costs of the department.
NR 19.50 History
History: CR 00-110
: cr. Register April 2002 No. 556
, eff. 5-1-02; emerg. am. eff. 10-3-05; CR 05-088
: am. Register March 2006 No. 603
, eff. 4-1-06; CR 06-134
: am. Register August 2007 No. 620
, eff. 9-1-07.
Wisconsin cooperative trapper education program fee.
The fee for the course of instruction under the Wisconsin cooperative trapper education program shall be $12.00 per student. The fee for correspondence trapper education certification program shall be $12.00 per student for correspondence programs that require in-state mailing of course materials and shall be $28.00 per student for correspondence programs that require out-of-state mailing of course materials. In addition to the fees established in this section, for correspondence courses, each student shall pay a $17.00 deposit that shall be refunded when the course materials are returned. The fee for a duplicate copy of a trapper education course certificate of accomplishment is $2.75. The fee for advanced trapper education courses shall be that amount needed to pay for the cost of the course, but not to exceed $50.00 per student. Only instructors who are certified by the department to teach trapper education courses under s. 29.597
, Stats., may charge a fee for a trapper education course established under s. 29.597
Feeding of wild animals. NR 19.60(1)(a)(a)
No person may place, deposit or allow the placement of any material to feed or attract wild animals for non-hunting purposes including recreational and supplemental feeding, except as provided in sub. (2)
, or as specifically authorized in a permit or license issued under s. 29.614 (1)
or 169.25 (1) (a)
, Stats., or s. NR 12.06 (11)
or 12.10 (1)
NR 19.60 Note
, Stats., states: Scientific collector permit. (1) Application for a scientific collector permit shall be submitted to the department. The department may issue a scientific collector permit if the department determines that the applicant is a natural person and is engaged in a bona fide program leading to increased, useful scientific knowledge.
NR 19.60 Note
, Stats., states: Scientific research license. (1) Issuance. (a) The department shall issue a scientific research license to any person who is engaged in a study or in research that the department determines will lead to increased, useful scientific knowledge and who files a proper application and who pays the applicable fee.
Any person placing feed to attract wild animals in violation of this section or s. NR 10.07 (2)
shall remove all feed or other material illegally placed or deposited when notified by the department to do so.
Landowners, lessees or occupants of any property where feed or other material in violation of this section or s. NR 10.07 (2)
is present shall remove all feed or other material illegally placed or deposited upon notification by the department of the illegal activity if not otherwise removed in accordance with par. (b)
Except as authorized under sub. (3) (a) 1.
, no person may place feed in a feeder designed to deposit or replenish the feed automatically, mechanically or by gravity.
(a) Affected area.
This subsection applies statewide, except for those counties where deer baiting and feeding is prohibited under par. (b)
(b) Excluded area.
Deer baiting and feeding is prohibited in entire counties where any of the following criteria apply:
A CWD-affected area has been established in the county or a portion of the county, or
A CWD or bovine tuberculosis positive captive or free-roaming, domestic or wild animal has been confirmed after December 31, 1997 from the county, or
The county or portion of the county is within a 10 mile radius of a captive or free-roaming, domestic or wild animal that has been tested and confirmed to be positive for CWD or bovine tuberculosis after December 31, 1997.
The prohibitions and exemptions in this subsection shall become effective upon issuance of an order by the secretary of the department and publication in the official state newspaper. In addition, a notice of the order shall be provided to newspapers, legislators and hunting license outlets in the area affected.
(d) Deer feeding.
A person may place or deposit material to feed or attract wild deer for recreational and supplemental feeding purposes outside of the counties where deer feeding is prohibited under par. (b)
, but may not place or allow the placement of any feed material:
In excess of 2 gallons of feeding material within 50 yards of any owner occupied residence or business.
More than 50 yards from an owner occupied residence or business.
Within 100 yards from a roadway, as defined in s. 340.01 (54)
, Stats., having a posted speed limit of 45 miles per hour or more.
NR 19.60 Note
Section 340.01 (54)
, Stats., “Roadway" means that portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway, the term “roadway" refers to each roadway separately but not to all such roadways collectively.
Without the approval of the owner of the owner-occupied residence or business.
At a feeding site that the person knows or should have known is also being used by bear or elk. If the owner of the residence or business is notified by the department or otherwise becomes aware that bear or elk have been using a deer feeding site, the owner may not place or allow others to place any feed material that is accessible to deer, bear or elk within 50 yards of the owner-occupied residence or business for a period not less than 30 days.
This section does not prohibit any of the following activities: