reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter I - Wildlife Abatement Program › Section NR 12.10 - Authorization to remove wild animals causing damage or nuisance

Current through June 24, 2024
Landowners, lessees or occupants may remove from lands
					 under their control wild animals and their associated structures causing damage
					 or constituting a nuisance in accordance with this section.
(1) WRITTEN APPLICATION REQUIRED.
(a)
General prohibitions.
Unless otherwise approved by the department, a municipality, landowner, lessee
				  or occupant may not engage in the following without applying in writing and
				  receiving written approval from the department to:
1. Destroy any wild animal, provided that all
				  game and furbearing animals are disposed of as directed by the department,
				  which is classified as:
a. A furbearing animal
				  or game fish, animal or bird under s.
				  29.001 (30), (33), (36) and
				  (39), Stats.; or
b. Protected under s.
				  NR
				  10.02; or
c. Endangered or threatened under s.
				  NR
				  27.03;
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter I - Wildlife Abatement Program › Section NR 12.15 - Conditions of permits to shoot or trap wild animals causing damage

Current through June 24, 2024
The following general conditions apply to all permits to
					 remove wild animals causing damage:
(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. 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.
(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, 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.
Note:
Other examples of reasonable cause may
					 include drunkenness, vandalism, littering, or reckless conduct.
(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.
(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.
Note:
Permit materials may include carcass
					 tags, armbands and hunter permission slips.
(5) CARCASS CARE AND DISPOSITION. Unless
				  otherwise directed by the department, each animal shall be:
(a) Tagged with a carcass tag provided by the
				  department immediately upon killing;
(b) Field dressed and stored in a cool
				  location; and
(c) As soon as
				  practical, turned over to the department designee authorized to receive the
				  carcass.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter I - Wildlife Abatement Program › Section NR 12.17 - Conditions of permits to shoot Canada geese causing damage

Current through June 24, 2024
In addition to s.
					 NR
					 12.15, the following conditions shall apply to all
					 shooting permits for Canada geese causing damage:
(1) GOOSE HUNTING PERMIT REQUIRED. All
				  participants other than the permittee shall have been issued a permit to hunt
				  Canada geese under s.
				  NR 10.125
				  that is valid for the current license year and goose hunting zone which
				  contains the lands on which the permittee has been authorized to shoot Canada
				  geese causing damage.
(2) CARCASS
				  TAG DISTRIBUTION. The permittee may retain 2 of the carcass tags provided to
				  them by the department for their use. The permittee shall distribute the
				  remaining carcass tags to the hunters he or she has authorized to assist. The
				  permittee may not provide more than 2 carcass tags to each authorized hunter
				  and may not distribute the second carcass tag until they have used their first
				  carcass tag.
(3) USE OF OTHER
				  PERMITS. All persons authorized to participate under this section shall have
				  used any other goose hunting permit and carcass tags issued to them which are
				  valid for the locations and effective dates specified in the permit prior to
				  using the carcass tags issued sub. (2).
(4) REPORTING. Any person receiving a permit
				  from a permittee under this section shall report the harvest of a Canada goose
				  to the permittee and mail a completed goose harvest report card to the
				  department within 48 hours of the time of harvest.
(5) BAG LIMIT. No person may take or possess
				  more than 2 Canada geese under each permit issued under this section.
(6) WEEKDAYS ONLY HUNTING. No person may kill
				  a Canada goose under a permit issued under this section on a Saturday or Sunday
				  during the effective dates of their permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.305 - Enrollment Eligibility

Current through June 24, 2024
An enrollee in any wildlife damage program under this
					 subchapter must be a legal adult, 18 years of age or older at the time of
					 enrollment.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.30 - Purpose

Current through June 24, 2024
This subchapter is adopted to implement and administer the
					 beaver damage control provisions under s.
					 29.885,
					 Stats., deer damage provisions under s.
					 29.887,
					 Stats., and the wildlife damage abatement and claim program established under
					 s.
					 29.889,
					 Stats. In its administration of the wildlife damage abatement and claim program
					 the department shall assure that the funds appropriated by the legislature are
					 used in the most cost-effective manner. Wildlife damage abatement measures when
					 determined by the department and the administering county to be cost-effective
					 shall be funded and receive priority in payment over damage
					 claims.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.32 - County application

Current through June 24, 2024
(1) Applications by a county to administer
				  the wildlife damage abatement or claim program shall include a plan completed
				  in accordance with s.
				  29.889,
				  Stats., and this subchapter and a copy of the resolution of the county board
				  authorizing the application.
(2)
				  The department shall review and approve or deny a completed application and
				  plan under this subchapter within 30 days after it is received by the
				  department.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.33 - WDACP technical manual

Current through June 24, 2024
The department's WDACP technical manual (Wildlife Damage
					 Abatement and Claims Program Technical Manual, Volume 1/Reference
					 Handbook/134pp., Volume 2/Field Handbook/153pp., Wis. Dept. of Natural
					 Resources, July 1, 1998) shall specify WDACP procedures and requirements
					 including the following:
(1)
				  Authorized wildlife damage abatement measures and methods for implementing and
				  paying for these abatement measures.
(2) Forms and procedures for payment and
				  processing of statement of claims and applications for abatement
				  assistance.
(3) Procedures and
				  standards for determining the amount of wildlife damage.
(4) Procedures for record keeping, audits and
				  inspections.
Copies of any WDACP technical manual may be obtained
						from the Wildlife Damage Specialist, WDNR, Bureau of Wildlife Management, GEF
						2, P.O. Box 7921, Madison, WI 53707-7921.
Note:The WDACP technical manual is on file at the offices
						of the department of natural resources, the secretary of state and the
						legislative reference bureau.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.34 - Administrative and abatement costs and fund advancement to counties

Current through June 24, 2024
(3) Counties shall
				  submit reimbursement requests for administration and abatement costs to the
				  department quarterly according to the following schedule: by May 31 for the
				  first quarter, January 1 through March 31; by August 31 for the second quarter,
				  April 1 through June 30; by November 30 for the third quarter, July 1 through
				  September 30; and no later than March 1 for the final reimbursement request for
				  the fourth quarter, October 1 through December 31.
(4) A county may not be reimbursed for
				  administrative or abatement costs in excess of the estimate contained in the
				  plan without approval of the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.35 - Wildlife damage abatement

Current through June 24, 2024
(1) Costs of
				  wildlife damage abatement measures rendered by a county under the plan are
				  eligible for reimbursement under s.
				  29.889,
				  Stats., only when rendered to persons owning or controlling land within the
				  county of administration.
(2)
				  Abatement measures rendered by a county under s.
				  29.889,
				  Stats., are limited to those which are detailed in the WDACP technical manual,
				  or authorized in writing by the department and shall be cost-effective as
				  required by s.
				  29.889(5)
				  (bm), Stats.
(3) Woven-wire barrier fences, for which an
				  application has been approved by the county and department, under s.
				  NR
				  12.38, shall be included in the plan for the calendar
				  year succeeding the fence application, unless otherwise approved by the
				  department.
(4) The county shall,
				  as a condition of providing abatement assistance, require full cooperation and
				  assistance of the enrollee in operating, maintaining and applying all abatement
				  measures. An enrollee who engages in abusive or threatening language shall also
				  be considered uncooperative. Uncooperative enrollees shall be ineligible for
				  program abatement assistance for the remainder of the calendar year in which
				  they were uncooperative and the following calendar year. Upon determining an
				  enrollee is uncooperative and ineligible for further program assistance, the
				  county or its agent shall notify the enrollee in writing that the enrollee's
				  program participation is terminated.
(5)
(a)
Cost-sharing.
In accordance with the WDACP technical manual,
				  the county or its agent shall determine the actual costs of providing wildlife
				  damage abatement assistance to provide 75% cost-sharing. For permanent damage
				  abatement measures, the enrollee shall provide 25% of the cost of materials and
				  installation. For the purpose of determining the total cost of temporary damage
				  abatement measures, cooperation by the enrollee in installation, construction,
				  operation, notification if required, or maintenance of the temporary measure
				  shall be considered 25% of its total costs. Permanent damage abatement measures
				  include barrier woven wire and high-profile electric fences. Temporary damage
				  abatement measures include the use of temporary low-profile electric or barrier
				  snow fencing, scare techniques, repellents, depredation shooting permits, trap
				  and translocation, or other temporary methods determined by the
				  department.
(b) All of the
				  following costs of abatement measures are eligible for reimbursement to the
				  county:
1. The costs of abatement equipment,
				  supplies and services.
2.
				  Installation costs that are part of the of 75% WDACP cost-share.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.36 - Open hunting access requirement

Current through June 24, 2024
(1) Enrollees shall
				  have hunting access control over all contiguous land on which they seek
				  wildlife damage abatement assistance or claims. Enrollees shall open their land
				  to hunting, using one of the access options in sub. (3), during the regular
				  hunting seasons for the species causing the damage for which they have enrolled
				  in the WDACP as required by s.
				  29.889(7m),
				  Stats. Enrollees may not charge any fees for hunting, hunting access or any
				  other activity that includes hunting the species causing damage. This hunting
				  access requirement shall also apply to enrollees who have also been issued a
				  shooting permit under the authority of s.
				  29.885,
				  Stats., and this chapter, except as provided in sub. (1m).
(1m) The requirements under sub. (1) do not
				  apply to a person to whom the department grants a shooting permit for deer
				  causing damage that is issued as an abatement measure recommended under s.
				  29.889,
				  Stats., if all of the following apply:
(a)
				  The permit is the only abatement measure the person receives under s.
				  29.889,
				  Stats., for damage caused by deer.
(b) The person waives any eligibility to
				  receive a wildlife damage claim payment under s.
				  29.889(7),
				  Stats., for damage caused by deer.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.37 - Wildlife damage claims

Current through June 24, 2024
(1)
(a)
				  Wildlife damage claims may be paid only to persons owning or controlling land
				  within the county of administration who also have authority to control entry on
				  those lands for purposes of hunting.
(b) Row crops which are stranded by weather
				  catastrophe over winter are not eligible for wildlife damage claims.
(c) Row and forage crops remaining
				  unharvested after 90% of these crops have been harvested in the county are not
				  in compliance with normal agricultural practices, as required by s.
				  29.889(6)
				  (dm), Stats.
(d) Wildlife damage claims shall be paid only
				  to persons owning the eligible types of damaged crops stated in s.
				  29.889(6)
				  (em), Stats., if caused by any species
				  included under s.
				  29.889,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.38 - Woven-wire and electric barrier fence construction

Current through June 24, 2024
(1) Specific
				  applications and funding for woven-wire and electric barrier fences shall be
				  approved by the department and county and included in the county plan.
				  Woven-wire and electric barrier fences are permanent, high-profile fences built
				  to function 15 years or more.
(2)
				  Prior to granting its approval, the department shall assure:
(a) Deer or elk damage has occurred or is
				  occurring on the lands of the applicant and is likely to occur in the future;
				  and
(b) The applicant is eligible
				  to receive deer or elk damage claim payments.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.39 - County recordkeeping

Current through June 24, 2024
(1) In this section, "records" means books,
				  documents, papers, accounting records, audits, and other evidence and
				  accounting procedures and practices.
(2) The county is responsible for maintaining
				  a financial management system which shall adequately provide for:
(a) Accurate, current and complete disclosure
				  of the financial results of the program in accordance with department reporting
				  requirements and in accordance with generally accepted accounting principles
				  and practices, consistently applied, regardless of the source of
				  funds.
(b) Effective control over
				  and accountability for all project funds, property, and other assets.
(c) Comparison of actual budget amounts for
				  the program.
(d) Procedures for
				  determining the eligibility and allocability of costs in accordance with the
				  plan of administration.
(e)
				  Accounting records supported by source documentation.
(f) Audits to be made by the county or at the
				  county's direction to determine, at a minimum, the fiscal integrity of
				  financial transactions and reports, and the compliance with the terms of the
				  grant agreement. The county shall schedule such audits with reasonable
				  frequency, usually annually, but not less frequently than once every 2 years,
				  considering the nature, size and complexity of the activity.
(g) A systematic method to assure timely and
				  appropriate resolution of audit findings and recommendations.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.40 - Termination

Current through June 24, 2024
The department shall, upon 30 days notice, terminate a
					 county application and plan under s.
					 29.889,
					 Stats., and this subchapter for any violation of the plan, the statute or rules
					 or failure to properly report costs of the program or claims or comply with
					 recordkeeping or audit procedures.
(1)
				  A county may, upon 30 days notice to the department, terminate its application
				  and plan under s.
				  29.889,
				  Stats., and this subchapter.
(2)
				  The department is responsible for payment of costs, in accordance with this
				  subchapter, which are incurred for wildlife damage abatement prior to
				  termination and for claims filed and approved by the county prior to that
				  date.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter II - Wildlife Damage › Section NR 12.41 - Permits to hunt Canada geese causing agricultural damage

Current through June 24, 2024
(1) ISSUANCE
				  AUTHORITY. Contingent upon the establishment of a federal harvest quota and
				  goose season framework valid for Wisconsin and in accordance with this section,
				  the department may issue Canada goose damage hunting permits to agricultural
				  crop land owners or lessees experiencing crop damage by Canada geese.
				  Permittees may issue Canada goose damage hunter permits to other persons and
				  authorize them to assist by hunting Canada geese causing damage.
(2) DEFINITIONS. For purpose of this section:
(a) "Goose hunting zone" means those
				  established under s.
				  NR
				  10.31.
(b)
				  "Lands suitable for hunting" means as defined in s.
				  NR
				  12.31(4).
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter III - Endangered/Threatened Wildlife and Gray Wolf Damage › Section NR 12.50 - Purpose

Current through June 24, 2024
This subchapter is adopted to implement and administer the
					 payment of claims for damage associated with endangered and threatened species
					 funded under s.
					 20.370(1)
					 (fs), Stats., and for damage caused by gray
					 wolves authorized by s.
					 71.10(5)
					 (am), Stats.
Section
						71.10(5)
						(am)was repealed by the 2011 legislature.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter III - Endangered/Threatened Wildlife and Gray Wolf Damage › Section NR 12.51 - Applicability

Current through June 24, 2024
This subchapter applies to claims for damages caused by E/T
					 species and gray wolves. It is not applicable to damage caused by gray wolves
					 when the department authorizes either public hunting or trapping of gray
					 wolves, or both.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter III - Endangered/Threatened Wildlife and Gray Wolf Damage › Section NR 12.52 - Definitions

Current through June 24, 2024
For the purposes of this subchapter:
(1) "Confirmed depredation" means that the
				  department has found clear evidence that wolves or an E/T species were
				  responsible for the depredation or injury, such as a carcass present with bite
				  marks and associated hemorrhaging, tracks in the immediate vicinity or other
				  sign.
(2) "Confirmed non-wolf or
				  non-E/T species depredation" means the department has found conclusive evidence
				  that something other than an E/T species or wolf killed or injured the
				  animal.
(3) "Department" means the
				  Wisconsin department of natural resources or agents designated by the
				  department.
(4) "E/T species" means
				  any animal on the Wisconsin list of endangered species under s.
				  NR 27.02
				  or threatened species under s.
				  NR
				  27.03.
(5)
				  "Hunting dogs" means any dog used in the pursuit of game animals.
(6) "Livestock" means the following farm
				  animals: bison and other bovine animals, sheep, goats, swine, farm-raised deer,
				  equine animals, poultry, ratites, llamas, alpacas, captive game animals, guard
				  animals for livestock, and fish.
(7) "Pets" mean dogs and other domestic
				  animals maintained as companion animals.
(8) "Probable depredation" means that the
				  department did not find a carcass from a reported depredation or the damage
				  observed on the carcass was inconclusive but there is evidence of depredation
				  such as a kill site, blood trails, tracks or scat located in the immediate
				  vicinity.
(9) "Unconfirmed
				  depredation" means any depredation that is not a confirmed depredation or a
				  probable depredation.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter III - Endangered/Threatened Wildlife and Gray Wolf Damage › Section NR 12.53 - Depredation verification procedures

Current through June 24, 2024
(1) RESPONSE TIME.
				  Any person who believes that livestock, pets or hunting dogs owned by the
				  person has been injured or killed by an E/T species or a gray wolf and wishes
				  to seek compensation under this subchapter shall contact the department within
				  24 hours of the depredation or within 24 hours of becoming aware of missing
				  livestock, pets or hunting dogs. The complainant shall provide the location of
				  the depredation and a description of the animals injured, killed or missing.
				  The department shall make an onsite inspection within 48 hours of receipt of
				  the complaint and draft a written report of the investigation, which shall
				  include an estimate of the value of the loss.
Note: The Department will contract with the U.S. Department
					 of Agriculture-APHIS-Wildlife Services to handle complaint contacts and
					 response.
(2) VERIFICATION
				  CATEGORIES. Each complaint received under this section shall be classified by
				  the department under one of the following:
(a) Confirmed E/T species or wolf
				  depredation.
(b) Probable E/T
				  species or wolf depredation.
(c)
				  Confirmed non-wolf or non-E/T species depredation.
(d) Unconfirmed depredation.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter III - Endangered/Threatened Wildlife and Gray Wolf Damage › Section NR 12.54 - Depredation reimbursement procedures

Current through June 24, 2024
(1) ELIGIBLE
				  CLAIMS.
(a)
Verified claims.
Only cases classified as confirmed depredation or probable depredation by the
				  department shall be eligible for reimbursement, except as provided in sub. (2)
				  (c).
(b)
Compliance.
Claimants need to be in compliance with carcass
				  disposal requirements of s.
				  95.50,
				  Stats., for livestock claims and, for farm-raised deer claims, the farm-raised
				  deer fencing requirements of ss.
				  90.20
				  and
				  90.21,
				  Stats., in order to be eligible for reimbursement.
Note: Section
					 95.50,
					 Stats., regulates disposal of livestock carcasses and requires burning or
					 burying the carcass when the animal is suspected of dying from highly dangerous
					 diseases. Sections
					 90.20
					 and
					 90.21,
					 Stats., specify fencing requirements for those who raise or keep farm-raised
					 deer.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 12 - Wildlife Damage And Nuisance Control › Subchapter III - Endangered/Threatened Wildlife and Gray Wolf Damage › Section NR 12.55 - Personal property

Current through June 24, 2024
The department may not provide compensation for damage done
					 by E/T species or wolves to personal property other than livestock, hunting
					 dogs and pets.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter I - General Provisions › Section NR 13.01 - Purpose

Current through June 24, 2024
This chapter is intended to regulate off-reservation treaty
					 rights of treaty rights participants recognized by Lac Courte Oreilles Band v.
					 Voigt, 700 F. 2d 341 (7th Cir. 1983) to the extent permissible under Lac Courte
					 Oreilles v. State of Wisconsin, 668 F. Supp. 1233 (W.D. Wis. 1987), Lac Courte
					 Oreilles v. State of Wisconsin, 707 F. Supp. 1034 (W.D. Wis. 1989), Lac Courte
					 Oreilles v. State of Wisconsin, 740 F. Supp. 1400 (W.D. Wis. 1990), Lac Courte
					 Oreilles v. State of Wisconsin, 758 F. Supp. 1262 (W.D. Wis. 1991) and the
					 final judgment thereto entered on March 19, 1991. Where applicable, provisions
					 of this chapter dealing with tending, sharing or checking of gear, transactions
					 including sale and transfer of tags, permits and other approvals also apply to
					 nontreaty rights participants.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter I - General Provisions › Section NR 13.03 - Identification

Current through June 24, 2024
A treaty rights participant shall be issued a photo
					 identification card by his or her band and shall carry the card on his or her
					 person when exercising treaty rights. Treaty rights participants shall display
					 their photo identification card upon request by state or local law enforcement
					 personnel, state biologists or state, federal or local property managers. A
					 treaty rights participant is not required to have a state hunting, fishing,
					 trapping or ricing license.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter I - General Provisions › Section NR 13.035 - Allocation

Current through June 24, 2024
The department may limit the number of permits, tags or
					 quota available to treaty rights participants so as to limit the Chippewa
					 harvest in any harvest or management unit to no more than 50% of the total
					 harvest within that harvest or management unit.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter I - General Provisions › Section NR 13.05 - Exceptions and modifications to s. NR 13.04

Current through June 24, 2024
.
(1) SEASONS AND
				  BAG LIMITS. Whenever a regulatory provision incorporated by this chapter in s.
				  NR
				  13.04 refers to a season, possession limit or bag
				  limit, the season, possession limit or bag limit of this chapter supersedes any
				  other administrative code.
(2)
				  TRANSPORTATION. The transportation restrictions in s.
				  29.357(1),
				  Stats., shall apply only to fresh fish. In s.
				  29.047,
				  Stats., a tribal identification card may be substituted for a
				  license.
(3) CLOSED SEASONS. For
				  the purpose of s.
				  29.071,
				  Stats., and s.
				  NR
				  19.12, the state's general closed season is applicable
				  to the removal of fish and game from the reservation on which it has been
				  harvested.
(4) SUBSTITUTED
				  PROVISIONS.
(a)
Public
				  nuisances.
Section
				  29.927, Stats.,
				  is applicable only to the extent the articles are possessed or used in
				  violation of this chapter.
(b)
Approval necessary.
The restrictions of s.
				  29.354(1),
				  Stats., are not applicable to treaty rights participants with appropriate
				  tribal identification.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter II - Fishing › Section NR 13.10 - Restrictions

Current through June 24, 2024
Subject to the modifications and exceptions of this
					 subchapter, the following provisions are applicable to treaty rights
					 participants:
(1) STATUTORY
				  PROVISIONS.
(a) Section
				  29.509(4),
				  Stats., pertaining to recordkeeping (modified by s.
				  NR
				  13.12(12) ).
(b) Section
				  29.237(4),
				  Stats., pertaining to sturgeon tagging.
(c) Section
				  29.404(1),
				  Stats., pertaining to ice fishing shanties.
(d) Section
				  29.601(1) and
				  (2), Stats. Explosives; stupefactives and
				  poison bait.
(e) Section
				  29.516(2)
				  (e), Stats., pertaining to restrictions on
				  the use of nets and setlines (modified by s.
				  NR
				  13.12(1) ).
(f) Section
				  29.531,
				  Stats. Set or bank poles licenses (modified by s.
				  NR
				  13.15 ).
(g) Section
				  29.533(3) and
				  (4), Stats., pertaining to setlines (modified
				  by s.
				  NR
				  13.15 ).
(h) Section
				  29.537,
				  Stats. Clams, clamming and commercial clamming (modified by s.
				  NR
				  13.12(10) ).
(i) Section
				  29.407(4),
				  Stats., pertaining to transportation of injurious fish.
(j) Section
				  29.705(5),
				  Stats. Removal of spawn or fish from state.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter II - Fishing › Section NR 13.12 - Modifications and exceptions

Current through June 24, 2024
(1) SUBSTITUTED
				  PROVISIONS.
(a) In s.
				  NR
				  20.01, the applicable seasons, methods, bag and
				  possession limits for treaty rights participants are those of this subchapter.
Note: Chapter
					 NR 20 was repealed and a new ch. NR
					 20 created eff. 6-1-99.
(b)
				  All references to licensees in s.
				  29.516,
				  Stats., are deleted and permittees is substituted for the references.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter II - Fishing › Section NR 13.13 - Notification, safe harvest and pulse fishing

Current through June 24, 2024
(1) NOTIFICATION.
				  Each band shall, no later than December 1 of each year, identify to the
				  department those lakes to be harvested in the following year by methods for
				  which a permit is required, and for which the bag limit is defined as
				  TQ.
(2) SAFE HARVEST. The
				  department shall, within 30 days of the notification under sub. (1), inform the
				  bands of the safe harvest upon which the tribal quota shall be based for bass,
				  walleye, northern pike, muskellunge and any other species regulated by TQ for
				  each lake identified.
(3) PULSE
				  FISHING. Notwithstanding any other provisions of this subchapter, no safe
				  harvest may be established and no spearing or netting may take place if:
(a) Any combination of spearing or netting
				  occurred on that lake for 2 successive years; and
(b) The aggregate harvest for spearing and
				  netting exceeded 60% of the safe harvest in each year.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter II - Fishing › Section NR 13.15 - Use of set or bank poles and setlines

Current through June 24, 2024
(1) PERMIT
				  REQUIRED. No treaty rights participant may use, set, lift, attend or have in
				  possession while on the inland waters any set or bank pole or setline unless he
				  or she possesses on his or her person a permit authorizing use of such gear
				  issued by the department.
(2)
				  GENERAL REQUIREMENTS.
(a) A set or bank pole
				  permit authorizes the use of a maximum of 10 set or bank poles and a setline
				  permit authorizes the use of one setline.
(b) No treaty rights participant may use,
				  set, lift, attend or have in possession while on the inland waters any set or
				  bank pole or setline permitted to another person.
(c) No treaty rights participant may possess
				  sport angling equipment while setting, lifting or attending a set or bank pole
				  or setline.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter II - Fishing › Section NR 13.16 - Use of traps, seines, dip nets and fyke nets

Current through June 24, 2024
(1) PERMIT REQUIRED. No treaty rights
				  participant may use, set, lift, attend or have in possession while on the
				  inland waters any trap, seine or fyke net unless he or she possesses on his or
				  her person a permit authorizing the use of the gear issued by the department.
				  Each permit shall include a limitation on the number of fish to be taken so as
				  to assure that the TQ is not exceeded.
(2) GENERAL REQUIREMENTS.
(a) A trap, seine, dip net or fyke net permit
				  authorizes the use of traps, seines, dip nets or fyke nets by the
				  permittee.
(b) Permittees may share
				  in the use of a trap, seine, dip net or fyke net permitted to another treaty
				  rights participant.
(c) No treaty
				  rights participant may possess sport angling equipment, or other harvest
				  equipment requiring a permit, while engaged in setting, lifting or attending a
				  trap, seine, dip net or fyke net.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter II - Fishing › Section NR 13.17 - Use of spears

Current through June 24, 2024
(1) PERMIT REQUIRED. No treaty rights
				  participant may use or have in possession while on the inland waters any spear
				  unless he or she possesses on his or her person a permit issued by the
				  department authorizing the use of a spear.
(2) GENERAL REQUIREMENTS.
(a) Permittees may share in the use of a
				  spear permitted to another treaty rights participant.
(b) No treaty rights participant may possess
				  sport angling equipment, or other harvest equipment requiring a permit, while
				  engaged in spearing.
(c) No treaty
				  rights participant may use a spear unless it has a minimum of 3 barbed tines at
				  least 4 1/2 , long. Each tine shall have at least one barb which extends
				  perpendicular from the tine at least 1/8,. Smaller tines and barbs may be used
				  when spearing for panfish.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter II - Fishing › Section NR 13.18 - Gill nets

Current through June 24, 2024
(1) PERMIT REQUIRED. Prior to gill netting, a
				  treaty rights participant shall obtain a permit from the department allowing
				  the use of gill nets. The permit shall be issued daily using the following
				  procedures and contain the following information.
(a) Name of the person to whom
				  issued.
(b) Lake name and county
				  for which the permit is valid.
(c)
				  Date the permit is valid.
(d) The
				  maximum length in feet of gill net that can be fished by the
				  permittee.
(e) The allowable number
				  of each species for which a tribal quota has been established that the
				  permittee may possess during the day.
(f) The specific mesh size (stretch mesh in
				  inches) of gill net which the permittee is allowed to use.
(g) An appropriate form for reporting the
				  nightly catch to the department.
(h) A unique permit number.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter II - Fishing › Section NR 13.19 - Reporting and monitoring

Current through June 24, 2024
(1) All treaty
				  rights participants fishing by permit shall complete catch reports in the
				  manner required by the department.
(2) If catch reports are not returned, the
				  department may reduce the TQ by the maximum bag limit allowed to the
				  non-reporting permittee.
(3) The
				  department may inspect and measure the catch of all permittees and monitor the
				  setting and lifting of nets.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter II - Fishing › Section NR 13.195 - Ice fishing with unattended lines

Current through June 24, 2024
(1) No treaty
				  rights participant may ice fish with unattended lines except in compliance with
				  the following provisions:
(a) All unattended
				  lines shall have attached a single iron hook with a maximum 1/2 inch point to
				  shank gape;
(b) All unattended
				  lines shall be of a biodegradable material and shall be securely anchored so as
				  not to be dislodged by a hooked fish;
(c) All unattended lines shall be tagged with
				  a valid identification tag obtained from the department indicating the member's
				  tribal affiliation and tribal identification number;
(d) Any treaty rights participant fishing
				  with unattended lines shall, prior to doing so, inform the department of his or
				  her name, address, phone number, and lakes upon which the participant intends
				  to fish with unattended lines;
(e)
				  Each unattended line shall be checked at least once every 24 hours unless
				  severe weather conditions render it impractical to do so;
(f) No more than a total of 30 attended or
				  unattended lines may be used in no more than 3 lakes at any one time;
				  and
(g) All poles used for
				  unattended lines shall be marked so as to be visible to vehicular
				  traffic.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter II - Fishing › Section NR 13.196 - Spearing and netting in streams

Current through June 24, 2024
(1) The department
				  in conjunction with the Chippewa bands may develop a list of streams and stream
				  segments which have discrete in-stream populations. Upon development of a list,
				  the department may issue permits for these waters pursuant to ss.
				  NR
				  13.16,
				  13.17 and
				  13.18, subject to the requirements of
				  those sections.
(2) Permits shall
				  be issued pursuant to s.
				  NR
				  13.17 for no more than 4 boats and 12 spearers on any
				  designated stream or stream segment. Treaty rights participants may spear from
				  boats or by wading provided that only the designated landing is used for
				  ingress and egress,
(3)
				  Notwithstanding s.
				  NR
				  13.14, the following bag limits apply for sturgeon,
				  muskellunge and walleye on designated stream segments:
(a) Sturgeon: one per night per stream (all
				  boats)
(b) Muskellunge: one per
				  boat per night
(c) Walleye: five
				  per night per treaty rights participant
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter III - Hunting and Trapping › Section NR 13.30 - Restrictions

Current through June 24, 2024
Subject to the modifications and exceptions in s.
					 13.32(1) and
					 (2) the following provisions are applicable
					 to treaty rights participants engaged in hunting or trapping:
(1) STATUTORY PROVISIONS.
(a) Section
				  29.311,
				  Stats. Lead shot shell restrictions.
(b) Section
				  29.171(4)
				  (b), Stats. Relating to crossbow
				  permits.
(c) Section
				  29.177,
				  Stats. Special deer hunting permits. (modified by s.
				  NR
				  13.38 )
(d) Section
				  29.184, Stats. Bear
				  harvest permits. (modified by s.
				  NR
				  13.44 )
(e) Section 29.109(2), Stats. Authorization.
				  (modified by s.
				  NR
				  13.44 )
Note:
Section 29.109(2), Stats., was repealed
					 by 1997 Wis. Act 1.
(f)
				  Section
				  29.059, Stats.
				  Reports of hunters.
(g) Section
				  29.331(1),
				  Stats. Tags. (modified by s.
				  NR
				  13.32 )
(h)
				  Section
				  29.331(2),
				  Stats. Relating to marking of shipments.
(i) Section
				  29.331(3),
				  Stats. Relating to reporting.
(j)
				  Section
				  29.331(5),
				  Stats. Relating to molesting of traps.
(k) Section
				  29.301,
				  Stats. General restrictions on hunting (modified by s.
				  NR
				  13.32 ).
(l) Section
				  29.341,
				  Stats. Duties on accidental shooting.
(m) Section
				  29.345,
				  Stats. Hunting accident; failure to report.
(n) Section
				  29.593,
				  Stats. Requirement for certificate of accomplishment to obtain hunting approval
				  for certain persons born on or after January 1, 1973.
(o) Section
				  29.304,
				  Stats. Restrictions on hunting and use of firearms by persons under 16 years of
				  age.
(p) Sections
				  29.307,
				  Stats. Hunting with aid of airplane prohibited.
(q) Section
				  29.314, Stats.
				  Shining animals.
(r) Section
				  29.317,
				  Stats. Taking homing pigeons.
(s)
				  Section
				  29.327,
				  Stats. Regulation of waterfowl blinds.
(t) Section
				  29.601(1) and
				  (2), Stats. Relating to noxious substances
				  and poison bait.
(u) Section
				  29.347,
				  Stats. Possession of deer, heads & skins. (s.
				  29.347,
				  Stats. modified by s.
				  NR
				  13.32 )
(v) Section
				  29.324, Stats.
				  Group deer hunting. (s.
				  29.324(1)
				  (b), Stats., modified by s.
				  NR
				  13.32 )
(w) Section
				  29.351,
				  Stats. Skins of fur-bearing animals.
(x) Section
				  29.364(2), (4) and
				  (5), Stats. Relating to transportation of
				  game birds.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 13 - Chippewa Treaty Rights Participants › Subchapter III - Hunting and Trapping › Section NR 13.32 - Statutory modifications and exceptions

Current through June 24, 2024
(1) TRAP TAGS. Trap
				  tags shall conform with the requirements of s.
				  NR
				  13.05(6). The provisions of s.
				  29.331(1),
				  Stats., relating to untagged traps remain applicable.
(2) BACK TAGS AND CLOTHING COLOR. Back tags
				  issued by the department and blaze orange clothing shall be worn by treaty
				  rights participants only during the state deer gun season. The back tag is not
				  a valid state license and may not be used as a state carcass tag.
(3) TAGGING. Deer shall be tagged in
				  accordance with s.
				  NR
				  13.38.
(4)
				  GROUP DEER HUNTING. For purposes of this chapter, the term "Group deer hunting
				  party," as used in s.
				  29.324,
				  Stats., means 2 or more hunters, each of whom is a treaty rights participant,
				  hunting in a group, all using firearms.