Chapter NR 1

NR 1.06 Note Note: Physical features that protect water quality include stands of aquatic plants (that protect against erosion and so minimize sedimentation), natural streambed features such as riffles or boulders (that cause turbulent stream flow and so provide aeration).

NR 1.06(5)(c) (c) Reaches of bank, shore or bed that are predominantly natural in appearance (not man-made or artificial) or that screen man-made or artificial features.

NR 1.06 Note Note: Reaches include those with stands of vegetation that include intermixed trees, shrubs and grasses; stands of mature pines or other conifer species; bog fringe; bluffs rising from the water’s edge; beds of emergent plants such as wild rice, wild celery, reeds, arrowhead.

NR 1.06(5)(d) (d) Navigation thoroughfares or areas traditionally used for navigation during recreational boating, angling, hunting or enjoyment of natural scenic beauty.

NR 1.06 Note Note: Physical features indicative of navigation thoroughfares include shallow water areas typically used by wading anglers or areas frequently occupied by regularly repeated public uses such as water shows.

NR 1.06(6) (6) Basis of department determination. The department shall base its identification of public rights features on factual information obtained from reputable sources, including:

NR 1.06(6)(a) (a) Field surveys and inspections, including historical surveys for fish, wildlife, rare species, aquatic plants, geologic features or water quality.

NR 1.06(6)(b) (b) Surveys or plans from federal, state or local agencies.

NR 1.06(6)(c) (c) Factual documentation of features or use patterns from property owners, user groups or knowledgeable users on the waterbody.

NR 1.06(7) (7) Procedure for identifying public rights features.

NR 1.06(7)(a) (a) After survey data shows possible locations of public rights features, the department shall give notice in the official state newspaper or other local media the department selects in the area affected which is likely to inform the local residents. The department shall provide notice on its website and through its system of electronic notices to state media.

NR 1.06(7)(b) (b) The department shall notify the county clerk of any county bordering the lake or reach of a stream, legislators whose districts include the affected public waters and the chairpersons of the committees of the legislature with jurisdiction for natural resources issues, and local, regional or state lake, river or watershed organizations affected by the activity.

NR 1.06(7)(c) (c) The notice shall contain the location and description of the possible public rights features and the basis for its determination that the location is likely to contain public rights features. If a hearing is not requested in writing within 30 days after the mailing of the notice, the department may waive the hearing. Upon receipt of a request for a hearing, the department shall, not less than 10 days before the hearing, mail written notice thereof to each person notified under par. (b), and shall provide notice on its website and through its system of electronic notices to state media.

NR 1.06(7)(d) (d) At each hearing, the department shall take evidence offered by persons in support of or in opposition to the determination. If the department finds any location not properly classified, the location may not be identified as the location containing public rights features.

NR 1.06(8) (8) Sensitive areas. Sensitive areas designated under s. NR 107.05 (3) (i) are determined to be public rights features.

NR 1.06 Note Note: Lakes and streams specifically named in the Wisconsin Land Legacy Report, publication number LF-001-2004 are known to contain extensive public rights features. Persons considering activities in these lakes and streams should consult the department before undertaking activities to determine whether they are in public rights features.

NR 1.06(9) (9) Department website. The department shall maintain on its website and make available at its offices a consolidated list of waters with identified public rights features along with all other waters designated under this section as well as a visual guide to identification of public rights features to assist a person in determining the applicability of all exemptions or permit requirements under ch. 30, Stats.

NR 1.06 Note Note: See the department’s website at https://dnr.wisconsin.gov/topic/Waterways/desig_waters/designated_tutorial.html and the department’s Surface Water Data Viewer at https://dnrmaps.wi.gov/H5/?viewer=SWDV.

NR 1.06 History History: Emerg. cr. eff. 4-19-04; emerg. r. and recr. eff. 8-24-04; CR 04-066: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2013 No. 696; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register April 2016 No. 724.

NR 1.07 NR 1.07 Identification of priority navigable waterways.

NR 1.07(1) (1) To fulfill its affirmative duty to protect public trust waters, the department shall identify and designate by rule navigable waterways or portions of navigable waterways which contain sensitive fish and aquatic habitat under s. 30.19 (1b) (c) 4., Stats., as priority navigable waterways under s. 30.19 (1b) (c), Stats.

NR 1.07(2) (2) Rules promulgated under s. 30.19 (1d), Stats., shall apply to priority navigable waterways.

NR 1.07 Note Note: Under s. 30.19 (1g) (c), Stats., and ch. NR 341, a permit is required to grade or remove topsoil from the bank of any navigable waterway where the area exposed by the grading or removal will exceed 10,000 square feet. Under s. 30.19 (1d), Stats., and ch. NR 341, bank of a navigable waterway is defined differently for priority navigable waterways.

NR 1.07(3) (3) All of the following waters are determined to be priority navigable waterways under s. 30.19 (1b) (c) 1. to 3., Stats.:

NR 1.07(3)(a) (a) A navigable waterway, or portion of a navigable waterway, that is identified as an outstanding or exceptional resource water under s. 281.15, Stats.

NR 1.07(3)(b) (b) A navigable waterway, or portion of a navigable waterway, identified as a trout stream by the department under s. NR 1.02 (7).

NR 1.07(3)(c) (c) A lake that is less than 50 acres in size.

NR 1.07(4) (4) All of the following waters are determined to be priority navigable waterways under s. 30.19 (1b) (c) 4., Stats., as navigable waterways or portions of navigable waterways which contains sensitive fish and aquatic habitat:

NR 1.07(4)(a) (a) All areas of special natural resource interest as defined in s. NR 1.05.

NR 1.07(4)(b) (b) All locations containing public rights features as defined in s. NR 1.06.

NR 1.07(4)(c) (c) Tributaries to and rivers connecting to inland lakes containing naturally-reproducing populations of sturgeon up to the first dam.

NR 1.07(4)(d) (d) Navigable waters having self-sustaining populations of walleye located in the ceded territory of the state where resource allocation rights are shared by sovereign tribes.

NR 1.07(4)(e) (e) Muskellunge waters of the state where the muskellunge population is entirely or partially sustained through natural reproduction (Category 0, Category 1 and Category 2 muskellunge waters).

NR 1.07(4)(f) (f) Perennial tributaries to surface waters identified as trout streams by the department under s. NR 1.02 (7).

NR 1.07(5) (5) The department shall maintain on its website and make available at its offices a consolidated list of priority navigable waters so that a person may readily determine the applicability of all exemptions or permit requirements under ch. 30, Stats.

NR 1.07 Note Note: See the department’s website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits.”

NR 1.07 History History: Emerg. cr. eff. 4-19-04; emerg. r. and recr. eff. 8-24-04; CR 04-066: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 1.11 NR 1.11 Wildlife management. The natural resources board:

NR 1.11(1) (1) Endorses the concept and principles of professional wildlife management, considers scientific findings to be the primary foundation of sound wildlife management programs, and supports research and surveys necessary to provide the technical information required for effective implementation of this policy.

NR 1.11(2) (2) Recognizes that effective policy implementation requires the input and support of an informed public; endorses an active program to inform people of wildlife resource issues and alternative solutions; and will make every reasonable effort to obtain broad public input during its decision-making process.

NR 1.11(3) (3) Recognizes the need to strengthen the educational efforts of the department relating to hunter competence, standards of ethical hunting behavior and respect for landowners rights; educational efforts must also be directed toward nonhunters to improve their knowledge and understanding of wildlife as a renewable natural resource and of hunting as both a method of controlling wildlife populations and as a form of outdoor recreation.

NR 1.11(4) (4) Endorses the concept of comprehensive wildlife planning whereby actual and potential contributions of all functions of the department toward achievement of common wildlife management goals and objectives are recognized and, where feasible, integrated into operational activities.

NR 1.11(5) (5) Recognizes that regulation of certain human activities is an integral and necessary part of wildlife management; that a sound legal system which combines equitable laws and judicious law enforcement is essential; and that wildlife law enforcement programs which are commensurate with other management efforts and contribute toward the achievement of common goals and objectives are necessary.

NR 1.11(6) (6) Endorses the development and adoption of stronger regulatory measures, including more stringent license requirements, to assure an acceptable, minimum standard of hunting performance.

NR 1.11(7) (7) Supports the maintenance of ecological diversity and health, and will do everything in its power to protect and maintain free-living populations of all species of wildlife currently existing in Wisconsin; extirpated species will be reintroduced whenever feasible ecologically, economically and socially.

NR 1.11(8) (8) Supports the management of game species and habitat with the objective of increasing or maintaining populations to provide hunting opportunities.

NR 1.11(9) (9) Supports the regulated use of wildlife for human benefits, including hunting and trapping where legal harvests do not reduce subsequent population levels of these renewable wildlife resources or where population reduction of certain species is a deliberate objective.

NR 1.11(10) (10) Supports efforts to foster and promote the voluntary conservation of wildlife habitat on private lands and also supports the development and maintenance of cooperative programs for wildlife management and hunting recreation with landowners and operators of private lands.

NR 1.11(11) (11) Recognizes that private use of Wisconsin’s protected wildlife is appropriate provided that use for educational, recreational, scientific or economic purposes does not deleteriously affect native or migratory wildlife and identifies the necessity of establishing and administering licensing or permit systems to insure proper care and handling of protected wildlife when persons are entrusted with their care or use.

NR 1.11(12) (12) Strongly encourages the use of well trained hunting dogs in the pursuit and retrieval of game; that extensive training and field trial competition provide hunting dogs which are proficient at finding and retrieving more game; and that the department will actively participate in programs which assist and encourage the training of hunting dogs including the designation and management of specific state controlled lands for trials and training provided this use does not conflict with the primary purpose of the property.

NR 1.11 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. Register, July, 1977, No. 259, eff. 8-1-77; cr. (11), Register, October, 1982, No. 322, eff. 11-1-82; cr. (12), Register, April, 1985, No. 352, eff. 5-1-85.

NR 1.12 NR 1.12 Migratory game birds. Migratory game birds are those species listed in s. 29.001 (39), Stats., which in the course of their seasonal movements will almost always leave the land or water on which they fledged and will often cross state or international boundaries. These species are regulated under federal law and international treaties. To implement an adequate program for migratory game birds, the following needs and actions are essential:

NR 1.12(1) (1) Habitat management. Wetlands are the primary habitat component for most migratory game bird species. Upland nesting cover and woodlands are also necessary for certain species. Legislation and programs that will protect and enhance migratory game bird habitat must be strengthened. Such a program has to include:

NR 1.12(1)(a) (a) Acquisition in fee title to protect critical lands and waters and to permit developments necessary for enhancement;

NR 1.12(1)(b) (b) Easement acquisition to protect other important lands and waters from excessive degradation by human activities;

NR 1.12(1)(c) (c) Vigorous enforcement of the state’s role in the use of its regulatory powers to protect wetland resources associated with navigable waters;

NR 1.12(1)(d) (d) Strong cooperation and support to other units of government in planning and zoning programs which protect wetlands;

NR 1.12(1)(e) (e) Support for state, federal and local government programs which manage suitable public waters as production, resting and feeding areas for migratory birds, with special emphasis on the provision of nesting and brood rearing habitat for ducks;

NR 1.12(1)(f) (f) Support for the U.S. department of agriculture’s soil conservation service and U.S. department of transportation in implementing, on a continuing basis, their 1975 wetland maintenance policies;

NR 1.12(1)(g) (g) Opposition to programs and activities funded by government agencies which result in loss or degradation of wetlands of wooded migratory game bird habitat; and

NR 1.12(1)(h) (h) Maintenance and development of incentive programs, including the U.S. department of agriculture’s water bank program, which encourage private landowners to manage land and water for the benefit of migratory birds.

NR 1.12(2) (2) Harvest.

NR 1.12(2)(a) (a) Migratory game bird regulations must be adopted within constraints that put the future of the resource foremost in consideration. The department shall be represented on, and take part in the activities of, the Mississippi flyway council. This council makes recommendations to the U.S. fish and wildlife service including those affecting migratory game birds using the Mississippi flyway.

NR 1.12(2)(b) (b) Some Wisconsin hunting regulations may have to be more restrictive than the federal framework to assure that local breeding populations will be maintained at optimum levels.

NR 1.12(2)(c) (c) A balance between local production and harvest is essential, and regulations must be designed to achieve this end.

NR 1.12(2)(d) (d) To provide the opportunity for a quality hunting experience on major waterfowl projects, excessive hunter densities must be reduced by every available means.

NR 1.12(3) (3) Damage control and disease. Migratory game birds, especially waterfowl, often concentrate during migration, thereby increasing the potential for agricultural crop depredations and the development of disease epidemics within the flock.

NR 1.12(3)(a) (a) As a first order of priority, management of refuges and closed areas must be directed at keeping concentrations of migratory game birds at levels that are in accord with available food supplies in the vicinity and/or at levels that will minimize the probability of disease outbreaks.

NR 1.12(3)(b) (b) Disease surveillance programs for major waterfowl concentration areas, licensed game farms with waterfowl, and urban areas with semi-domestic waterfowl, must be developed. Contingency plans to deal with disease outbreaks in wild populations must also be developed.

NR 1.12(3)(c) (c) When abnormal weather delays crop harvest on private lands near refuges or closed areas, damage abatement programs will be employed to assist landowners in protecting vulnerable crops. When unavoidable losses occur, damage payments authorized by legislation can be used to compensate for the loss of crops.

NR 1.12(4) (4) Research and surveys. Research and surveys on local breeding populations, production, movements, harvest and habitat are essential to provide adequate information for developing regulations and programs to protect and manage these birds. Since migratory game birds utilize continental habitats, the international significance of cooperative surveys and research required to establish sound flyway management programs is recognized. Therefore, cooperation with other flyway states, federal agencies, Canadian agencies and the Mexican government shall be exercised as needed.

NR 1.12 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. Register, July, 1977, No. 259, eff. 8-1-77; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525.

NR 1.13 NR 1.13 Small game mammals. Small game mammals include rabbits, hares and squirrels. To effectively implement the small game mammal program, the following needs and actions are necessary.

NR 1.13(1) (1) Habitat management.

NR 1.13(1)(a) (a) The most efficient method of management is the maintenance of existing habitat.

NR 1.13(1)(b) (b) Habitat improvement measures, however, are currently needed, primarily in rural areas near population centers. Most habitat management opportunities are associated with woodlots, forests, wetlands, and odd areas that are neither plowed nor grazed. Wherever possible, squirrel and rabbit habitat needs are to be incorporated into woodland management recommendations.

NR 1.13(1)(c) (c) The capacity to produce small game mammals on state wildlife areas must be increased through more intensive management of suitable habitat. The need for den or nut bearing trees for squirrels, brush or grassy openings for cottontail rabbits and interspersion of important timber types and age classes for snowshoe hares must be considered in the course of making forest and woodlot management recommendations for all public lands.

NR 1.13(1)(d) (d) The majority of small game mammals depend upon habitat occurring on private lands. This is especially true of jackrabbits where open agricultural land is the main component of habitat. Effective management information must be provided to private landowners who request it and incentives to manage small game mammals should be provided in areas where there is high demonstrated need.

NR 1.13(2) (2) Harvest. In most areas of the state, harvest levels of small game mammals do not approach the surplus that could safely be removed. Therefore, with the exception of jackrabbits, which are not abundant, harvest regulations for these species should provide maximum opportunities for sport hunting without sacrificing the quality of the hunting experience. Improved hunter/landowner relations are important to effectively meet any increasing demands for rabbit and squirrel hunting.

NR 1.13 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. Register, July, 1977, No. 259, eff. 8-1-77.

NR 1.14 NR 1.14 Upland game birds. Upland game birds are pheasants, quail, Hungarian (gray) partridge, grouse and wild turkey. While these species depend primarily upon upland sites, most species also utilize wetlands to meet part of their habitat needs. The following needs and actions are essential for effective implementation of the upland game bird program.

NR 1.14(1) (1) Habitat management.

NR 1.14(1)(a) (a) The maintenance of existing habitat and, where necessary, improvement or restoration of critical components of habitat are the preferred methods of management. Management recommendations for upland game bird habitat will become an integral part of land-use plans on all public lands.

NR 1.14(1)(b) (b) Prairie grouse (prairie chickens and sharp-tailed grouse) habitat is constantly threatened by natural forest succession and development of land for intensive agricultural and forestry uses. Positive efforts shall be made to assure that free-living populations of these species and their necessary habitat will be perpetuated.

NR 1.14(1)(b)1. 1. Prairie grouse management and habitat restoration programs shall be accorded high priority on all publicly-owned lands designated by the department. Where remnant flocks of sharp-tailed grouse occur, associated with habitat on public lands, the emphasis in land-use plans will be on maintenance or improvement of this habitat.

NR 1.14(1)(b)2. 2. The maintenance of huntable populations of sharp-tailed grouse shall be the management objective where suitable continuity of habitat makes this feasible. Cooperative agreements, including leases where necessary, shall be executed with other public and private owners of lands where it is deemed practicable and essential to prairie grouse management by the department.

NR 1.14(1)(c) (c) Much of the remaining habitat for upland game birds is the result of land-use decisions made by owners of private property. Therefore, programs that will promote the conservation and improvement of upland game bird habitat and improve access to private lands will be supported. In addition to the technical advice supplied by department wildlife managers, the board recognizes the contribution of wildlife management assistance given to private landowners through cooperative forest management, U.S. department of agriculture and university of Wisconsin-extension programs. However, much more must be done to offset losses of wildlife habitat in predominantly agricultural areas. Cooperative wildlife habitat management programs, including the “acres for wildlife” program, which offer additional incentives and management assistance to landowners shall be developed. Conservancy district zoning as well as other programs and policies of local and federal agencies which conserve upland game bird habitat will also be supported.

NR 1.14(2) (2) Harvest. Harvest regulations must have as their objective to take no more than the harvestable surplus of each species within broad areas of range. Regulations must also, to the extent of the law, have as their objective reasonable minimum standards of conduct for hunters and equitable distribution of hunting opportunities.

NR 1.14(3) (3) Stocking and transplanting. There are 3 basically different objectives to the artificial introduction of upland game birds. The first is to restore a species which has been extirpated, the second to speed recovery of severely depleted numbers as a result of catastrophe, and the third to provide birds for hunting recreation on areas where the demand exceeds the capacity to produce wild birds. The first 2 are ordinarily short-term efforts involving wildtrapped stock, which are aimed at establishing or increasing wild populations which sustain themselves. The third is an annual effort which does not have lasting benefits and which often masks the continued deterioration of the habitat base necessary to sustain wild populations.