Chapter NR 16

NR 16.45(1)(d)3. 3. The top of the corner and gate posts shall, if rectangular, be at least 5.5 inches in the smallest dimension or, if round, at least 5.5 inches in diameter.

NR 16.45(1)(d)4. 4. The wires shall be held securely to the inside of the posts, allowing for free movement of the horizontal line wires, using 9 gauge staples of at least 1.5 inch size.

NR 16.45(1)(e) (e) Steel or iron posts. If the fence is made with steel or iron posts, the posts shall be at least 12 feet long.

NR 16.45(1)(f) (f) Installation of wire. The wires are installed on the side of the fence toward the farm-raised white-tailed deer except at corners.

NR 16.45(1)(g) (g) Additions to fences. Additions to an existing perimeter fence or portion of an existing perimeter fence shall meet the 8 foot height requirement if constructed after January 1, 2003.

NR 16.45(1)(h) (h) Gates. All gates shall remain closed and secured to prevent unauthorized access and opening of the gates, except when authorized persons or equipment are traveling through the gates.

NR 16.45(1)(i) (i) Corridors. A corridor at least 4 feet wide shall be maintained along the inside or outside of all perimeter fences to allow regular inspections of the fence by the deer farm operator or the department with the use of a vehicle.

NR 16.45(2) (2) Fence requirements. No person may maintain a perimeter fence that contains farm-raised white-tailed deer unless one of the following applies:

NR 16.45(2)(a) (a) The farm-raised white-tailed deer are enclosed by a perimeter fence that meets the requirements established in sub. (1) (a) to (i).

NR 16.45(2)(b) (b) The farm-raised white-tailed deer are enclosed by double perimeter fences or by one solid perimeter fence meeting the following standards:

NR 16.45(2)(b)1. 1. If a double perimeter fence is used, both shall meet the requirements established in sub. (1) (a) to (i) and the 2 fences shall be at least 8 feet but not more than 16 feet apart.

NR 16.45(2)(b)2. 2. Solid perimeter fences shall meet the requirements established in sub. (1) (a) to (i) and the lower 7 feet of the fence shall be covered with solid material that prevents animals on opposite sides of the fence from making visual or physical contact. The solid perimeter fence shall contain at least one single strand electrified wire on the inside or the outside of the entire length of the perimeter fence at a height of 3 feet and shall be at a distance of 2 feet from the main fence.

NR 16.45(3) (3) Minimum size. A farm-raised white-tailed deer farm exterior fence may not enclose less than ½ acre or 21,780 square feet.

NR 16.45(4) (4) Exceptions. The use of materials, other than those specified in this section for deer farm boundary fence construction may be permitted by the department if the materials are found to exceed minimum specifications and the fence is sufficient to hold the deer inside the enclosure.

NR 16.45(6) (6) Notice of fence expansion or replacement. No person may enclose white-tailed deer within any fenced enclosure which has had the perimeter fence expanded or replaced after its initial fence inspection certificate has been issued without first filing a notice and description of the expansion or replacement with the department prior to enclosing any white-tailed deer within the new fence. The department shall inspect and approve the new fence before it can be used to enclose farm-raised deer that are white-tailed deer. The notice shall include the following:

NR 16.45(6)(a) (a) Name and address of the farm-raised white-tailed deer farmer.

NR 16.45(6)(b) (b) Location of the facility if different then the address in par. (a).

NR 16.45(6)(c) (c) Farm-raised white-tailed deer farm registration number.

NR 16.45(6)(d) (d) Number of additional fenced acres that will contain white-tailed deer.

NR 16.45(6)(e) (e) Lineal footage of replaced or additional fencing.

NR 16.45(6)(f) (f) Description of the type of fences to be installed.

NR 16.45(6)(g) (g) Expected construction beginning and ending dates and desired date to enclose deer within the fence.

NR 16.45 Note Note: Routine maintenance and minor repairs to existing wire, posts and gates, that do not result in the total replacement of a section of perimeter fence, do not need to be reported to the department and if constructed and approved prior to January 1, 2003, may remain at a 7’10” in height. Notice of fence expansion does not need to occur before construction begins.

NR 16.45(7) (7) Reporting of fence failures and escapes. Any time a fence required by s. 90.21, Stats., fails to comply with the requirements of this section or from which a farm-raised deer that is a white-tailed deer escapes, the person issued the fence certificate shall notify the department of the fence failure or escape. The notification shall take place immediately if possible but not later than 24 hours after the person is aware the fence failure or escape has occurred and shall include what action will be taken.

NR 16.45 Note Note: Notification of fence failures or escapes should be made to the local conservation warden or wildlife manager in the county the fence failure or escape occurs, or by calling the department’s hotline at 1-800-847-9367.

NR 16.45(8) (8) Exemptions for certain persons, zoos and institutions. Each of the following is exempt from the requirements under sub. (1) (a) if approved by the department and subs. (2), (3), and (6):

NR 16.45(8)(a) (a) A veterinarian, for the purpose of providing medical treatment to a farm-raised deer that is a white-tailed deer.

NR 16.45(8)(b) (b) A public zoo as defined under s. 169.01 (28), Stats.

NR 16.45(8)(c) (c) Research conducted under a license issued under s. 169.25, Stats.

NR 16.45(8)(d) (d) A licensed rehabilitator, for rehabilitation purposes as authorized under s. 169.24, Stats.

NR 16.45(8)(e) (e) A person who is licensed under s. 95.68 or 95.71, Stats., and who is possessing the farm-raised deer under the authority of the license.

NR 16.45(8)(f) (f) A person who is licensed under s. 95.69, Stats., and who possesses the farm-raised deer for 10 days or less and solely for the purpose of resale or slaughter.

NR 16.45 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03; CR 07-035: am. (2) (a) 1., (b) 1., (5) (a), (b), (c) 4. and (6) (h), r. (2) (b) 2. Register April 2008 No. 628, eff. 5-1-08; EmR1604: emerg. am. (2) (title), (a) (intro.), r. and recr. (a) 1., r. (2) (b), (c), (5), (6) (h), eff. 1-15-16; CR 16-026: am. (2) (title), (a) (intro.), r. and recr. (a) 1., r. (2) (b), (c), (5), (6) (h) Register April 2017 No. 736, eff. 5-1-17; renum. (2) (a) to (2) under s. 13.92 (4) (b) 1., Stats., correction in (8) (intro.) made under s. 13.92 (4) (b) 7., Stats., and correction in (2) (a) made under s. 35.17, Stats., Register April 2017 No. 736.

NR 16.46 NR 16.46 Removal of wild white-tailed deer.

NR 16.46(1) (1) Removal of wild deer. Prior to the issuance of a fence inspection certificate as provided by s. 90.21 (2), Stats., all wild white-tailed deer remaining in a fenced area after the fence surrounding the area is completely closed may be sold as authorized under s. 90.21 (4), Stats., or shall be killed in one of the following ways as determined by the department:

NR 16.46(1)(a) (a) Permit. Under the authority of a written permit issued to the landowner or persons designated by the department to shoot the wild white-tailed deer within the fence.

NR 16.46(1)(b) (b) Department employees. By department employees.

NR 16.46(2) (2) Disposal of wild white-tailed deer. All deer killed shall be disposed of as directed by the department at the expense of the applicant.

NR 16.46 History History: CR 03-030: cr. Register October 2003 No. 574, eff. 11-1-03.

NR 16.50 NR 16.50 Records and reports.

NR 16.50(1) (1) Maintenance and submittal.

NR 16.50(1)(a) (a) General requirements. Copies of records or reports required to be kept under this chapter or under s. 169.36, Stats., shall be furnished to the department by required deadlines or upon request.

NR 16.50(1)(b) (b) Submission as a condition of renewal. Any of the following licenses issued pursuant to ch. 169, Stats., may not be renewed when the licensee fails without good cause to submit all records required by s. 169.36, Stats., by required deadlines or within 10 days of a request for the records:

NR 16.50(1)(b)1. 1. Captive wild animal farm license.

NR 16.50(1)(b)2. 2. Wild fur farm license.

NR 16.50(1)(b)3. 3. Bird hunting preserve license.

NR 16.50(1)(b)4. 4. Rehabilitation license.

NR 16.50(1)(b)5. 5. Stocking license.

NR 16.50(1)(b)6. 6. Scientific research license.

NR 16.50(1)(b)7. 7. Nonprofit educational exhibiting license.

NR 16.50(1)(b)8. 8. Nonresident temporary exhibiting license.

NR 16.50(1)(b)9. 9. Validation license.

NR 16.50(1)(c) (c) Submission of quarterly reports. Each person required to hold a license which is subject to s. 169.36 (9) (b), Stats., shall provide a copy of the quarterly records required to be maintained for that license to the department as follows:

NR 16.50(1)(c)1. 1. Quarterly submission of records shall be provided to the department by April 30, July 31, October 31 and January 31 each year, and shall consist of a copy of all required records that shall be maintained during the 3 previous months.

NR 16.50(1)(c)2. 2. Records to be included in the quarterly report shall consist of complete records of all transactions or activity involving any captive wild animals of the families:

NR 16.50(1)(c)2.a. a. Canidae (coyotes, foxes, wolves and wolf-dog hybrids).

NR 16.50(1)(c)2.b. b. Ursidae (bears).

NR 16.50(1)(c)2.c. c. Mustelidae (badger, mink, otter, weasel, skunk).

NR 16.50(1)(c)2.d. d. Felidae (bobcat, lynx, cougars).

NR 16.50(1)(c)2.e. e. Suidae (wild or feral swine).

NR 16.50(1)(c)2.f. f. Anatidae (mute swans).

NR 16.50(1)(d) (d) Reporting and disposition of escaped harmful wild animals.

NR 16.50(1)(d)1. 1. Any time a harmful wild animal escapes, the licensee shall notify the department of the escape. The notification shall take place immediately if possible but not later than 24 hours after the person is aware the escape has occurred and shall include what action will be taken by the licensee.

NR 16.50 Note Note: Notification of fence failures or escapes should be made to the local conservation warden or wildlife manager in the county the fence failure or escape occurs, or by calling the department’s hotline at 1-800-847-9367.

NR 16.50(1)(d)2. 2. If a harmful wild animal has escaped from land owned by a person who is licensed under or subject to ch. 169, Stats., and has not been recovered by the owner within 24 hours of the discovery of the escape, the department may dispose of the animal immediately upon determining that the animal poses a risk to public safety or to the health of other domestic or wild animals.

NR 16.50 Note Note: Under s. 169.02 (1), Stats., legal title to a live captive wild animal or the carcass of a captive wild animal is vested in the person who owns the wild animal if the person is in compliance with ch. 169, Stats., and the rules promulgated under that chapter. Legal title to an animal or animal’s carcass can be assumed by the department when the animal or carcass is possessed in violation of ch. 169, Stats., or this chapter.

NR 16.50(2) (2) Display of license or proof of origin required.

NR 16.50(2)(a) (a) Live captive wild animals. Any person in possession of live captive wild animals for which a person is required to be licensed under ch. 169, Stats., shall have in the person’s possession or at the licensed facility a copy of the license and make the license available to any authorized department agent upon request.

NR 16.50(2)(b) (b) Animal carcasses. No person may possess the carcasses of any captive wild animals obtained from any person required to be licensed under ch. 169, Stats., unless they possess the following information in writing from the person from whom the animals were obtained:

NR 16.50(2)(b)1. 1. The complete name and address and the number of any license issued under ch. 169, Stats., of the person from whom the captive wild animals were purchased, received or otherwise acquired.

NR 16.50(2)(b)2. 2. The date of the transaction and the number and species of the captive wild animals.

NR 16.50(3) (3) Additional record-keeping requirements.

NR 16.50(3)(a) (a) Captive wild animal farm license. The holder of a captive wild animal farm license shall keep complete and accurate records of all harvesting activities for all wild native amphibian or reptile species collected or obtained in-state or from out–of–state.

NR 16.50(3)(a)1. 1. Records shall include: licensee’s name, license number, and address.

NR 16.50(3)(a)2. 2. Harvest records shall be competed the day of the harvest or collection and include:

NR 16.50(3)(a)2.a. a. Date of harvest or collection.

NR 16.50(3)(a)2.b. b. Species and number or pounds of each amphibian species harvested by county of harvest.

NR 16.50(3)(a)2.c. c. Species and number of each reptile species harvested or collected by county of harvest.

NR 16.50(3)(a)3. 3. All buying and selling records required under s. 169.36 (1), Stats., that pertain to reptiles and amphibians shall also include the species bought and sold, the number of each reptile species bought and sold and the number or pounds of each amphibian species bought and sold, the date of the transaction, and the name and address of the person or business the licensee is buying from or selling to.

NR 16.50(3)(b) (b) Bird hunting preserve license. Each person required to hold a bird hunting preserve license shall keep a daily record of all birds listed in s. 169.19 (2) (b), Stats., stocked or released on the property. Daily records shall include:

NR 16.50(3)(b)1. 1. Date of activity.

NR 16.50(3)(b)2. 2. Number of birds stocked by species.

NR 16.50(3)(b)3. 3. Number of birds killed or harvested by species.

NR 16.50(3)(c) (c) Wild fur farms.

NR 16.50(3)(c)1. 1. In addition to the records required under s. 169.36 (2), Stats., no person may remove live fur bearing animals or the carcasses of fur bearing animals of the species authorized under s. NR 16.18 (4) from the licensed premises of any wild fur farm unless the following information related to the harvest and transfer of the animals is first recorded in the licensee’s records:

NR 16.50(3)(c)1.a. a. The complete name and address of the person who harvested the animals.

NR 16.50(3)(c)1.b. b. The date the animals were harvested.

NR 16.50(3)(c)1.c. c. The species and number of the animals harvested.

NR 16.50(3)(c)1.d. d. The complete name and address of the person to whom the animals were transferred.