Chapter NR 16

NR 16.19(3) (3) Size of hunting area. No bird hunting preserve license may be issued for any land less than 40 contiguous acres where the discharge of firearms is legal, or area larger than 640 total acres.

NR 16.19(4) (4) Location restriction. No bird hunting preserve license may be issued for pheasants for any land less than one-quarter mile from the exterior boundaries of a state or federal wildlife area, public hunting grounds or refuge which is managed in whole or in part for pheasants except that this provision does not apply to areas in which the management for pheasants begins after the bird hunting preserve has been licensed. Except as provided in s. 169.31 (3) (bn), Stats., all lands under one license shall be contiguous.

NR 16.19(5) (5) Pen requirements. Pens used to confine native captive wild birds possessed for use under s. 169.19, Stats., shall meet the requirements of ss. NR 16.30, 16.35 and 16.38. Non-native captive wild birds possessed for use under s. 169.19, Stats., are exempt from the requirements of ss. NR 16.30, 16.35 and 16.38.

NR 16.19(6) (6) Additional stocking requirements. All wild birds stocked under the authority of a class A or B bird hunting preserve license shall be of high quality stock, fully feathered and not less than 12 weeks of age.

NR 16.19(7) (7) Hunting restrictions.

NR 16.19(7)(a) (a) A person hunting anything other than the birds listed on the bird hunting preserve license and stocked on the bird hunting preserve is required to have all applicable approvals issued and required under ch. 29, Stats.

NR 16.19(7)(b) (b) A person hunting anything other than the birds listed on the bird hunting preserve license is subject to all season restrictions, bag limits and other conditions or restrictions established by the department under ch. 29, Stats., and rules promulgated thereunder.

NR 16.19(8) (8) Pheasant management zones. Pheasant management zones are established for the purposes in s. 169.19 (4m), Stats. A person holding a Class B bird hunting preserve license may not allow the hunting or taking of hen pheasants beginning on December 15 of each year and ending on the following March 31 within the boundaries of the licensed preserve if the preserve is located totally or partially within a pheasant management zone.

NR 16.19 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03; CR 08-021: cr. (8) Register November 2008 No. 635, eff. 12-1-08.

NR 16.23 NR 16.23 Stocking license.

NR 16.23(1) (1) Application. This section is developed pursuant to s. 169.23, Stats., to establish qualifications, conditions and exemptions for stocking licenses.

NR 16.23(2) (2) Species.

NR 16.23(2)(a) (a) Species. Only those species authorized by the department and specified on the stocking license may be released into the wild.

NR 16.23(2)(b) (b) Stocking exemptions. No stocking license is required to stock the following species on private lands provided that the requirements of s. 169.06 (1) (d), Stats., are met:

NR 16.23(2)(b)1. 1. Ring-necked pheasants.

NR 16.23(2)(b)2. 2. Gray partridge.

NR 16.23(3) (3) Location. Except as provided in sub. (2) (b), the locations at which stocking is allowed are restricted to those listed, authorized and approved on the license.

NR 16.23 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03.

NR 16.26 NR 16.26 Nonprofit educational exhibitors.

NR 16.26(1) (1) Application. This section is developed pursuant to s. 169.26, Stats., to establish qualifications and conditions for nonprofit educational exhibitors.

NR 16.26(2) (2) General exhibit requirements. Nonprofit educational exhibitors shall comply with all the requirements of ss. NR 16.30 to 16.38.

NR 16.26(3) (3) Exceptions to pen requirements. All interactive sessions with captive wild animals shall comply with the requirements of s. NR 16.35 (7).

NR 16.26 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03.

NR 16.27 NR 16.27 Nonresident temporary exhibitors.

NR 16.27(1) (1) Application. This section is developed pursuant to s. 169.27, Stats., to establish qualifications and conditions for nonresident temporary exhibitors.

NR 16.27(2) (2) General exhibit requirements. Nonresident temporary exhibitors shall comply with all the requirements s. NR 16.35 (1) to (9).

NR 16.27(3) (3) Documents. Applicants shall provide the following documents when applying for a license:

NR 16.27(3)(a) (a) Written proof of authority to possess captive wild animals from the state of residence.

NR 16.27(3)(b) (b) Copies of all federal permits required to possess the captive wild animal being exhibited.

NR 16.27(3)(c) (c) Copies of any health certificates required by federal and state law to ship or transport animals across state boundaries.

NR 16.27(4) (4) Application submission. Applicants shall apply for the license at least 20 business days prior to entering the state with any captive wild animals for which an exhibiting license is required.

NR 16.27(5) (5) Exceptions to pen requirements. All interactive sessions with captive wild animals shall comply with the requirements of s. NR 16.35 (7).

NR 16.27 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03.

NR 16.30 NR 16.30 Pen specifications, humane handling, care, treatment and transportation of captive wild animals.

NR 16.30(1) (1) Applicability. This section applies to captive wild animals that are required to be held under the authority of a ch. 169, Stats., license, except that coyote, fox and rabbit may be held pursuant to a hound dog training or trial license issued under s. 169.20 or 169.21, Stats., and confined to a hound dog training enclosure as defined under s. NR 17.001 (5s).

NR 16.30 Note Note: Pen specifications, and requirements for humane handling, care and treatment of coyote, fox and rabbit held under the authority of a hound dog training or trialing license are found in ch. NR 17.

NR 16.30(2) (2) General facility requirements.

NR 16.30(2)(a) (a) Structure; construction. Facilities for captive wild animals shall be designed and constructed so that they are structurally sound. They shall be kept in good repair, protect the captive wild animals from injury, contain the animals securely and restrict other animals from entering. Portions of buildings devoted to human occupancy may not be used as the primary enclosure or primary housing facility for captive wild animals listed in sub. (4). Possession of captive wild animals listed in sub. (4) in portions of buildings devoted to human occupancy shall be limited to temporary health care, treatment or special handling needs except that wolf-dog hybrids kept as pets may share indoor housing which is intended for human occupancy.

NR 16.30(2)(b) (b) Housing site. Facilities and areas used for storing animal food or bedding shall be free of any accumulation of trash, waste material, refuse, weeds and other discarded materials.

NR 16.30(2)(c) (c) Surfaces.

NR 16.30(2)(c)1. 1. The surfaces of facilities including houses, dens and other fixtures and objects within the primary enclosure shall be constructed in a manner and made of materials that allow them to be readily cleaned and sanitized, or removed or replaced when worn or soiled. Interior surfaces and any surfaces that come in contact with captive wild animals shall be all of the following:

NR 16.30(2)(c)1.a. a. Free of excessive rust that prevents cleaning and sanitation, or that affects the structural strength of the surface.

NR 16.30(2)(c)1.b. b. Free of jagged edges or sharp points that might injure the animals.

NR 16.30(2)(c)2. 2. All surfaces shall be maintained and cleaned. Surfaces of facilities, including houses, dens and other fixtures and objects within the facility that may not be readily cleaned and sanitized, shall be replaced when worn or soiled.

NR 16.30(2)(c)3. 3. Raised floors shall be constructed in a manner that protects the captive wild animals’ feet and legs from injury, and that do not allow the animals’ feet to pass through any openings in the floor. If the floor of the enclosure is constructed of wire, a solid resting surface or surfaces that are large enough to hold all the occupants of the enclosure at the same time comfortably shall be provided.

NR 16.30(2)(d) (d) Drainage and waste disposal. Facility owners shall provide for regular and frequent collection, removal and disposal of animal and food wastes, bedding, debris, garbage, water, other fluids and wastes and dead animals, in a manner that minimizes contamination and disease risks. Standing puddles of water in captive wild animal enclosures shall be drained or mopped up after cleaning or periods of rainfall so that the animals stay dry. Trash containers in facilities and in food storage and food preparation areas shall be leakproof and shall have tightly fitted lids on them unless the caretaker is present.

NR 16.30(2)(e) (e) Storage. Supplies of food and bedding shall be stored in a manner that protects the supplies from spoilage, contamination and vermin infestation. The supplies shall be stored in a manner that allows cleaning underneath and around the supplies. Foods requiring refrigeration shall be stored accordingly, and all food shall be stored in a manner that prevents contamination and deterioration of its nutritive value. All open supplies of food shall be kept in leakproof containers with tightly fitting lids to prevent contamination and spoilage.

NR 16.30(2)(f) (f) Pest control. An effective program for the control of insects, external parasites and birds and mammals that are pests, shall be established and maintained to promote the health of the captive wild animals and reduce contamination.

NR 16.30(3) (3) General pen and shelter requirements.

NR 16.30(3)(a) (a) Pen specifications.

NR 16.30(3)(a)1. 1. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each captive wild animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress or abnormal behavior patterns.

NR 16.30(3)(a)2. 2. All captive wild animals housed in the same primary enclosure shall be compatible. Captive wild animals with a vicious or aggressive disposition shall be housed separately.

NR 16.30(3)(b) (b) Shelter from the elements. Outdoor facilities for captive wild animals shall include one or more shelter structures that are accessible to each animal in each outdoor facility, and that are large enough to allow each animal in the shelter structure to sit, stand and lie in a normal manner and to turn about freely. Metal barrels, cars, refrigerators, freezers and similar objects may not be used as shelter structures. In addition to the shelter structures, one or more separate outside areas of shade shall be provided, large enough to contain all the captive wild animals at one time and protect them from the sun. Shelters in outdoor facilities for captive wild animals shall contain a roof, 4 sides and a floor and shall:

NR 16.30(3)(b)1. 1. Provide the captive wild animals with adequate protection and shelter from the cold and heat.

NR 16.30(3)(b)2. 2. Provide the captive wild animals with protection from the sun, wind, rain or snow.

NR 16.30(3)(b)3. 3. Be provided with a wind break and rain break at the entrance.

NR 16.30(3)(b)4. 4. Contain clean, dry bedding material if the ambient temperature is below 50°F (10°C). Additional clean, dry bedding is required when the temperature is 35°F (1.7°C) or lower.

NR 16.30(3)(b)5. 5. The sheltered part of a facility shall be sufficiently ventilated when captive wild animals are present to provide for their health and well being, and to minimize odors, drafts, ammonia levels and moisture condensation. Ventilation shall be provided by windows, doors, vents, fans or air conditioning.

NR 16.30(3)(c) (c) Outdoor sheltering for captive wild birds. Shelters for captive wild birds in outdoor facilities may consist of natural vegetation which provides protection from the effects of sun, wind, rain or snow.

NR 16.30(4) (4) Minimum specific housing facility requirements for specified captive wild animals.

NR 16.30(4)(a) (a) Large captive wild animals. The confinement of harmful wild animals as defined in s. NR 16.11, bobcat, lynx, timber wolf, coyote, fox and fisher shall comply with the following:

NR 16.30(4)(a)1. 1. Primary enclosures shall be designed and constructed of suitable materials so that they are structurally sound for the species contained. They shall be kept in good repair.

NR 16.30(4)(a)2. 2. The minimum size and height of enclosures shall be:

NR 16.30(4)(a)2.a. a. Bear pens shall be a minimum of 400 square feet. No more than 2 bear may be held in a 400 square foot pen. A minimum of at least 200 additional square feet is required for each additional bear. The pen height shall be a minimum of 8 feet. A tank or pool with a minimum of 150 gallons of water shall be provided when bears are not in hibernation. The space for the tank or pool of water shall be in addition to the required minimum square feet.

NR 16.30(4)(a)2.b. b. Cougar pens shall be a minimum of 200 square feet. No more than one cougar may be held in a 200 square foot pen. A minimum of at least 100 additional square feet is required for each additional cougar. The pen height shall be a minimum of 8 feet. Resting surfaces which are large enough to hold all the occupants of the primary enclosure at the same time comfortably shall be provided. The resting surfaces shall be elevated, impervious to moisture, and be able to be easily cleaned and sanitized, or easily replaced when soiled or worn.

NR 16.30(4)(a)2.c. c. Bobcat and lynx pens shall be a minimum of 144 square feet. No more than 2 animals may be held in a 144 square foot pen. A minimum of at least 50 additional square feet is required for each additional animal. The pen height shall be a minimum of 8 feet. Resting surfaces which are large enough to hold all the occupants of the primary enclosure at the same time comfortably shall be provided. The resting surfaces shall be elevated, impervious to moisture, and be able to be easily cleaned and sanitized, or easily replaced when soiled or worn.

NR 16.30(4)(a)2.d. d. Timber wolf and wolf-dog hybrid pens with a covered top shall be a minimum of 300 square feet. No more than 2 wolves or wolf-dog hybrids may be held in a 300 square foot pen. A minimum of at least 100 additional square feet is required for each additional wolf or wolf dog hybrid. The pen height shall be a minimum of 6 feet. This section applies to owners of wolf-dog hybrids beginning on January 1, 2014.

NR 16.30(4)(a)2.e. e. Coyote pens shall be a minimum of 144 square feet. No more than 2 coyotes may be held in a 144 square foot pen. A minimum of at least 50 additional square feet is required for each additional coyote. The pen height shall be a minimum of 6 feet.

NR 16.30(4)(a)2.f. f. Fox and fisher pens shall be a minimum of 120 square feet. No more than 2 animals may be held in a 120 square foot pen. A minimum of at least 50 additional square feet is required for each additional animal. The pen height shall be a minimum of 6 feet.

NR 16.30(4)(a)2.g. g. Wild or feral swine primary enclosures shall include a portion of fence or wall which is buried at least 30 inches unless the floor is a solid, impervious material such as concrete.

NR 16.30(4)(b) (b) Raptors (eagles, hawks, falcons, and owls). The confinement of raptors shall comply with the following:

NR 16.30(4)(b)1. 1. Primary enclosures shall be designed and constructed of suitable materials so that they are structurally sound for the species contained. They shall be kept in good repair.

NR 16.30(4)(b)2. 2. The minimum size and height of enclosures shall meet the following:

NR 16.30(4)(b)2.a. a. Kestrel, burrowing owl, saw-whet owl and screech owl pens shall be a minimum of 36 square feet with a height of 7 feet for flighted birds and 9 square feet with a height of 3 feet for nonflighted birds.

NR 16.30(4)(b)2.b. b. Buteos, horned owl, barn owl, barred owl and goshawks pens shall be a minimum of 72 square feet with a height of 7 feet for flighted birds and 36 square feet with a height of 7 feet for nonflighted birds.

NR 16.30(4)(b)2.c. c. Eagles, vulture and osprey pens shall be a minimum of 400 square feet with a height of 9 feet for flighted birds and 120 square feet with a height of 9 feet for nonflighted birds.

NR 16.30(4)(b)3. 3. Each pen shall have a hutch or a shelter box, 2 or more perches of the appropriate size for the raptors’ feet and a water pan for drinking and bathing.

NR 16.30(4)(b)4. 4. When more than 2 birds are held in the same enclosure, the pen shall be increased by 50% of subd. 2. a. to c. for each additional bird.

NR 16.30(4)(c) (c) Other captive wild animals. The confinement of raccoons, badger, beaver and otter shall comply with the following:

NR 16.30(4)(c)1. 1. Primary enclosures shall be designed and constructed of suitable materials so that they are structurally sound for the species contained. They shall be kept in good repair.

NR 16.30(4)(c)2. 2. The minimum size and height of enclosures shall be:

NR 16.30(4)(c)2.a. a. Raccoon pens shall be a minimum of 80 square feet. No more than 2 raccoons may be held in an 80 square foot pen. A minimum of at least 16 additional square feet is required for each additional raccoon. The pen height shall be a minimum of 8 feet. Raccoons shall have continuous access to fresh water when outdoor temperature is above freezing and shall be provided with a climbing apparatus.

NR 16.30 Note Note: Continuous access to fresh water for raccoons does not require providing running water.

NR 16.30(4)(c)2.b. b. Badger pens shall be a minimum of 100 square feet. No more than 2 badgers may be held in a 100 square foot pen. A minimum of at least 50 additional square feet is required for each additional badger. The pen height shall be a minimum of 6 feet.

NR 16.30(4)(c)2.c. c. Beaver pens shall be a minimum of 100 square feet. No more than 2 beaver may be held in a 100 square foot pen. A minimum of at least 20 additional square feet is required for each additional beaver. The pen height shall be a minimum of 6 feet. A tank or pool with a minimum of 250 gallons of clean open water shall be provided for up to 2 beaver. Each additional individual or pair of beaver shall be provided a minimum of an additional 250 gallons of clean open water. The space for the tank or pool of water shall be in addition to the required minimum square feet.

NR 16.30(4)(c)2.d. d. Otter pens shall be a minimum of 100 square feet. No more than 2 otter may be held in a 100 square foot pen. A minimum of at least 20 additional square feet is required for each additional otter. The pen height shall be a minimum of 6 feet. A tank or pool with a minimum of 50 gallons of open water shall be provided. The space for the tank or pool of water shall be in addition to the required minimum square feet.

NR 16.30(5) (5) Exceptions to the pen requirements for specified facilities licensed prior to November 1, 2003. Existing facilities for bear, cougar, lynx, bobcat, timber wolf, coyote, fox and fisher with approved pens have 5 years from November 1, 2003 to bring pens into compliance with sub. (4) (a) if the following are provided:

NR 16.30(5)(a) (a) Exercise enclosure. An exercise enclosure is constructed that meets the minimum requirements of a primary enclosure established in sub. (4) (a).