NR 12.10(2)(b)1.1. Damage to applicant’s enrolled property in the current calendar year exceeds or is likely to exceed $1,000 if caused by any species included under s. 29.889, Stats.; or NR 12.10(2)(b)2.2. White-tailed deer are causing damage on lands enclosed by a permanent barrier fence that has been certified to be in proper working order by either the department or the county wildlife damage program administrator; or NR 12.10(2)(b)3.3. Damage will result in a loss of plants or animals listed as threatened or endangered under s. NR 27.03; or NR 12.10(2)(b)4.4. Extraordinary damage other than specified in subds. 1. to 3. is occurring or is likely to occur. NR 12.10(2)(c)(c) Access control. The applicant has the authority to control access as required by s. 29.885 (4m), Stats., for purposes of hunting and trapping on the lands being damaged and any contiguous lands under the same ownership that are suitable for hunting or trapping. NR 12.10(2)(d)(d) Previous performance. The applicant has complied with the conditions of any previous department authorizations to remove wild animals causing damage or nuisance issued within the preceding 12 months and this chapter. NR 12.10(2)(e)(e) County involvement. For species and lands covered under an approved county wildlife damage plan of administration under s. 29.889, Stats., the county wildlife damage administrator has conducted a damage investigation and made recommendations on abatement measures to be implemented by the applicant. NR 12.10(2)(f)(f) Migratory birds. The USFWS has authorized the department to remove or authorize the removal of birds classified as migratory under 50 CFR 10.13. NR 12.10(3)(3) Rule compliance and participation by others. The landowner, lessee, occupant or other persons assisting in the removal of wild animals causing damage or nuisance shall comply with all hunting and trapping rules specified under ch. NR 10 or ch. 29, Stats., except the open and closed seasons established in ch. NR 10 or unless otherwise provided under this chapter, ch. 29, Stats., or by permit. Permittees and participants who fail to comply shall be subject to the penalty applicable to the appropriate ch. NR 10 or ch. 29, Stats., violation. Persons other than the landowner, lessee or occupant, may assist in the removal of wild animals causing damage or nuisance in accordance with this subsection. NR 12.10(3)(a)(a) Number and selection of participants. The department may limit the number of persons assisting in a removal subject to s. NR 12.10 (1). All participants shall be selected by the permittee. First preference may be given to members of the permittee’s immediate family. Next preference shall be given to persons that are able to provide immediate removal assistance and meet the requirements specified under par. (b) and s. NR 12.15 (11). NR 12.10(3)(b)(b) Age and safety training. All participants and permittees, unless exempt by sub. (1) (b), shall meet the requirements of ss. 29.304, 29.593, and 29.597, Stats., pertaining to hunter and trapper safety and age. NR 12.10(3)(c)(c) Except as authorized in s. NR 12.06 (3) (c), all participants and persons assisting participants shall possess written approval from the permittee and the appropriate, valid hunting or trapping license as required by s. NR 12.15 (11) when carrying on removal activities. Written approval shall include: name, address and phone number of landowner; name, address and phone number of the person removing wild animals; property location and removal activities, authorized period of removal, species of animals authorized for removal, signature of the landowner or lessee, and date. NR 12.10(3)(d)(d) No fees. The permittee, participant, or any other individual may not charge any form of fee to a participant. All permit materials, tags, and distribution of materials and tags are the responsibility of the permittee. Upon verification of fees being charged the department may revoke the removal permit and, if applicable, enforce penalties under s. NR 12.35 (4). NR 12.10(3)(e)(e) Animal or carcass care and disposition of permit exempt wild animal removals. Wild animals removed according to authority described in sub. (1) (b) which are live-trapped for relocation shall comply with s. 169.04 (2), Stats., or which are destroyed by shooting or trapping shall comply with s. 23.095, Stats., with fur or fur-bearing animals sold to a licensed fur dealer. Unusable animals or animal by-products shall be disposed of in a sanitary manner. NR 12.10(3)(f)(f) Shooting hours. The department may exempt a permittee from shooting hours established under s. NR 10.06 if the exemption is used to assist designated personnel at a public-use airport, as defined in s. 114.002 (18m), Stats., or an airport under the exclusive control of the national guard or U.S. department of defense, in conducting nuisance wildlife management and control when authorized by state or federal permits. NR 12.10(4)(4) Nuisance approval. An applicant meeting the approval criteria described in sub. (2) (a), (d) and (f) may be authorized to remove wild animals causing a nuisance under conditions the department considers reasonable. NR 12.10(5)(5) License requirements. Municipalities, landowners, lessees or occupants that are not required to obtain written authorization under sub. (1) (b) to remove wild animals causing damage or that they consider to be a nuisance, are also not required to possess a valid hunting or trapping license when carrying out removal activities. NR 12.10 HistoryHistory: Cr. Register, May, 1990, No. 413, eff. 6-1-90; am. (1) (a) (intro.), (2) (intro.), (c), (d), (3) (c) and (d), cr. (1) (c) and (4), Register, May, 1994, No. 461, eff. 6-1-94.; am. (3) (a), cr. (3) (e), Register, July, 1995, No. 475, eff. 8-1-95; CR 01-006: cr. (1) (b) 4., Register August 2001 No. 548, eff. 9-1-01; emerg. am. (3) (c), eff. 7-3-02; CR 03-016: am. (3) (c) Register August 2003 No. 572, eff. 9-1-03; CR 03-018: am. (1) (a) 4., (b) 2. and (2) (b) 2. Register December 2003 No. 576, eff. 1-1-04; CR 04-046: cr. (5) Register September 2004 No. 585, eff. 10-1-04; CR 05-031: am. (3) (intro.) and (e) Register October 2005 No. 598, eff. 11-1-05; CR 05-104: cr. (1) (a) 5. and (1) (b) 5., am. (1) (b) 2. Register June 2007 No. 618, eff. 7-1-07; CR 07-055: am. (1) (b) 4., cr. (1) (b) 6. Register January 2008 No. 625, eff. 2-1-08; CR 07-035: am. (3) (intro.) Register April 2008 No. 628, eff. 5-1-08; CR 09-052: am. (1) (b) 2. Register June 2010 No. 654, eff. 7-1-10; CR 10-051: am. (1) (a) 1. (intro.), (b) 1. b., cr. (1) (b) 2m. and 7. Register December 2010 No. 660, eff. 1-1-11; renumber of (1) (b) 2m. made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660; CR 16-037: am. (3) (d) Register April 2017 No. 736, eff. 5-1-17; EmR1613: emerg. cr. (12), eff. 3-12-16; 2023 Wis. Act 51: cr. (3) (f) Register December 2023 No. 816, eff. 1-1-24; CR 23-025: cr. (1) (a) 6., am. (1) (b) 2. Register March 2024 No. 819, eff. 4-1-24; CR 24-055: am. (1) (a) 1. a., 3., 4., (b) 1. b., cr. (1) (b) 1. e., am. (1) (b) 2., 4. to 6. (intro.), r. (1) (b). 6. a., am. (1) (b) 7., (c), (2) (b) 1., (3) (b), (c) Register April 2025 No. 832, eff. 5-1-25; correction in (1) (b) 2. made under s. 35.17, Stats., Register April 2025 No. 832. NR 12.15NR 12.15 Conditions of permits to shoot or trap wild animals causing damage. The following general conditions apply to all permits to remove wild animals causing damage: NR 12.15(1)(1) Public use during open seasons. All lands described on the application and any contiguous lands under the same ownership suitable for hunting or trapping shall be open to public hunting or trapping of the species causing the damage for a period of one year from the effective date of the permit. Public access is only required during the open hunting or trapping season for the species causing damage. These lands may be posted to indicate that hunting permission is required from the permittee. The department may require a permittee to keep a daily log of hunter’s names and telephone numbers on forms provided by the department as a condition of the permit. NR 12.15(2)(2) Use refusal. Permittees may refuse access to hunters or trappers for reasonable cause. Reasonable cause may not be based on age, race, religion, color, disability, sex, physical condition, development disability, creed, sexual orientation, marital status, gender, ancestry, military service, or national origin. The presence of at least 2 hunters or active trapping of at least one trapper per each 40 acres suitable for hunting or trapping, respectively, shall constitute a reasonable cause for refusal under s. NR 12.31 (7). NR 12.15 NoteNote: Other examples of reasonable cause may include drunkenness, vandalism, littering, or reckless conduct.
NR 12.15(3)(3) Rule compliance. The permittee and all participants shall comply with all hunting and trapping rules specified under ch. NR 10 or ch. 29, Stats., unless otherwise provided under this chapter, ch. 29, Stats., or by permit. Permittees and participants who fail to comply shall be subject to the penalty applicable to the appropriate ch. NR 10 or ch. 29, Stats., violation. NR 12.15(4)(4) Reporting. Each permittee shall keep a current, correct and complete record of all participants and permit activities as required by the department on forms furnished by the department. Permit records may be inspected by the department at any time. Copies of records shall be provided to the department upon request. The permittee shall report the total number of wild animals or structures removed and return all unused permit materials and any participant authorizations issued, to the department within 10 days after the permit expiration date. NR 12.15 NoteNote: Permit materials may include carcass tags, harvest authorizations and hunter permission slips.
NR 12.15(5)(5) Carcass care and disposition. Unless otherwise directed by the department, each animal shall be: NR 12.15(5)(a)(a) Tagged with a carcass tag provided by the department immediately upon killing; NR 12.15(5)(c)(c) As soon as practical, turned over to the department designee authorized to receive the carcass.