Wis. Admin. Code Department of Natural Resources NR 12.10

Current through October 28, 2024

Section NR 12.10 - Authorization to remove wild animals causing damage or nuisance

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;

2. Use any restricted-use pesticides listed in s. NR 80.01 (4); or

3. Live-capture and relocate any wild animal to department controlled lands.

4. Live-capture and relocate white-tailed deer, elk, black bear or any wild animal classified as endangered or threatened under s. NR 27.03.

5. Live-capture and relocate any coyote to a hound dog training enclosure permitted under s. NR 17.045.

6. Discharge a firearm from within 50-feet of a roadway center to shoot beaver or muskrat that are causing damage to a highway. Authorization may only be issued to an agent of a city, village, town, or county if the discharge of a firearm does not pose a risk to public safety.

Note: Application forms are obtained from department field stations.

(b)Exemptions. Written authorization is not required to:

1. Destroy by shooting or trapping:

a. Any unprotected wild animal under s. NR 10.04; or

b. Any bird causing depredation under s. NR 12.05; or

c. Any species listed in s. 29.337, Stats.; or

Note: Animals listed in s. 29.337, Stats., are beavers, foxes, raccoons, rabbits, squirrels, coyotes and woodchucks. However, s. 29.337, Stats., provides for the protection of coyotes from hunting during an open season for hunting deer with firearms in an area that is closed by the department by rule to coyote hunting.

d. Muskrats damaging dikes, dams, shoreline or roadways.

2. Live-trap and relocate any wild animal, except white-tailed deer, elk, black bear or any wild animal classified as endangered or threatened under s. NR 27.03, or any animal classified as a harmful wild animal under s. NR 16.11, to open unenclosed lands not controlled by the department with the permission of the owner. Animals must be relocated in an area where there is adequate habitat and cover to support survival of the animal. Pursuit of animals released under this subdivision by dogs may not occur in an area where a wild animal has been released for a period of 2 hours after release of the animal, except dogs may be released to pursue raccoons at anytime after the raccoon has reached cover by climbing a tree or pole to a height of at least 10 feet.

2m. The department may prescribe the manner of disposal for animals destroyed under this paragraph.

3. Remove beaver dams.

4. Harass or disturb protected wild birds, not listed as endangered or threatened in s. NR 27.03, in such a way as to relieve a damage or nuisance situation in urban areas, golf courses, and airports provided the bird is not physically harmed.

5. Live-trap and relocate rabbits to a hound dog training enclosure permitted under s. NR 17.045.

6. Conduct any of the following activities in order to control Canada geese at an airport or within a 3 mile radius of the airport with landowner permission, if the activities are conducted by airport employees or their designees in compliance with the restrictions, requirements and conditions as described by the U.S. fish and wildlife service in 50 CFR 21.49 and provided that all birds are disposed of as directed by the department:

a. Live-trap and relocate Canada geese.

b. Destroy nests and eggs of Canada geese from March 1 to June 30.

c. Kill adult Canada geese and goslings by trapping or shooting from April 1 to September 15.

7. Destroy birds defined under s. 29.001 (33) and (39), Stats., and permitted for removal by the U.S. fish and wildlife service under a federal depredation permit, provided the permit has been reviewed and approved by the department and removal activities are in compliance with the restrictions, requirements and conditions as described by the U.S. fish and wildlife service in 50 CFR 21.49 and this section.

(c)Application deadline. The department may not consider any application to shoot deer causing damage to corn, alfalfa, clover, other hay, soybeans, small grains, vegetable crops, melons, strawberries, cabbage, potatoes, cucumbers, popcorn, sunflowers or ginseng filed after October 1, unless the department finds that extraordinary conditions exist. Extraordinary conditions include, but are not limited to, ongoing, severe damage to crops occurring after October 1, which will cause extensive yield reductions or winter losses.

(2) APPROVAL CRITERIA. Prior to authorizing the removal of wild animals causing damage, the department shall find that:

(a)Abatement attempt. The applicant is employing or has agreed to employ alternative abatement methods deemed reasonable by the department.

(b)Damage extent.

1. Damage to applicant's 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

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

3. Damage will result in a loss of plants or animals listed as threatened or endangered under s. NR 27.03; or

4. Extraordinary damage other than specified in subds. 1. to 3. is occurring or is likely to occur.

(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.

(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.

(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.

(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.

(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.

(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).

(b)Age and safety training. All participants shall meet the requirements of ss. 29.304 and 29.593, Stats., pertaining to hunter safety and age.

(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 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.

(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).

(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.

(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.

(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.

(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.

Wis. Admin. Code Department of Natural Resources NR 12.10

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.

Amended by, CR 16-037: am. (3) (d) Register April 2017 No. 736, eff. 5/1/2017

Amended by, EmR1613: emerg. cr. (12), eff. 3-12-16; 2023 Wis. Act 51: cr. (3) (f) Register December 2023 No. 816, eff. 1/1/2024

Amended by, CR 23-025: cr. (1) (a) 6., am. (1) (b) 2. Register February 2024 No. 819, eff. 4/1/2024