Wis. Admin. Code NR § 27.05

Current through March 24, 2024

Section NR 27.05 - Permits for endangered and threatened species

(1) ISSUANCE. The department shall issue endangered and threatened species permits in accordance with the provisions of and for the purposes authorized in s. 29.604, Stats. Conditions designed to protect and preserve species on the department list shall be imposed on permittees.

(2) PROCEDURES.

(a)Applications. Applications for endangered and threatened species permits shall be made on forms furnished by the department and shall include:

1. Name and address of the applicant;

2. Personal description;

3. Purpose of the request;

4. Class, species, and number of specimens to be taken;

5. Area and period of time in which the specimens are to be taken;

6. Method of taking;

7. The place where specimens will be kept;

8. Duration of specimen possession;

9. Final disposition of specimens;

10. Applicant's signature; and

11. Such additional information as may be requested by the department.

(b)Inspection. A permit issued pursuant to this chapter shall be carried upon the person of the permittee when exercising the permit privileges. The permit and any authorized species obtained must be shown to the department or its agents upon request. Furs shall be marked or stamped with a stamp or tag furnished by the department to show such furs are legally held and possessed.

(c)Annual report. An annual progress report on activities authorized by the permit may be required by the department. The department shall notify the permittee if this report is required.

(d)Permit conditions. The permittee may only take, transport, possess, process or sell species on the department list subject to and in accordance with the conditions imposed by the department. Conditions shall include but are not limited to the minimum standards for feeding, treatment, sanitation, pens and housing prescribed in ss. NR 16.30 to 16.38.

(e)Permit authority. A permit issued pursuant to this chapter does not authorize the exchange, purchase or sale of specimens on the department list with persons who do not hold an appropriate state or federal endangered or threatened species permit. This paragraph does not apply to the exchange or purchase of permitted state endangered or threatened plants from purchase of permitted state endangered or threatened plants from persons possessing a valid endangered and threatened species permit which allows the sale of specific species. All persons, including those persons or businesses which are based outside of Wisconsin, selling Wisconsin endangered or threatened plants shall possess a Wisconsin endangered or threatened species permit for those species being sold.

(f)Care of injured animals. A permit issued under the authority of this chapter does not authorize the routine care of injured animals.

(3) PLANTS. Permits are not required for persons to take wild plants of endangered or threatened species on property which they own or lease, or with landowner permission, except if the plants or their progeny are sold or processed, or in the course of forestry or agricultural practices or in the construction, operation or maintenance of a utility facility. Nothing in this rule prevents persons from propagating endangered or threatened wild plants on their own property as long as they do not sell these plants or distribute them to other properties which they do not own or lease.

(4) OTHER PERMITS.

(a) Any person obtaining a permit under this section need not obtain a scientific collector's permit under s. NR 19.11 for that same species and purpose.

(b) The department may issue an endangered species certificate and seal to identify and mark a carcass, skin, hide, fur or part of an endangered or threatened species specimen held under a valid endangered or threatened species permit. A certificate and seal may only be transferred incidental to the transfer of the specimen for which the certificate and seal were issued.

(5) FEDERAL PERMITS. A federal permit is required for all endangered and threatened wild animals and wild plants on the federal lists, unless such requirement is waived by the U.S. department of interior.

(6) PERMIT REVOCATION. The department may revoke the current endangered and threatened species permit of a person who violates any condition of the permit and the person may be ineligible to receive a permit for the following calendar year. Permit conditions may include but are not limited to: covered species, collection limitations, requirements to use local propagate sources, propagation methods, sales limits and documentation requirements. The department may issue another permit only if the person has corrected all deficiencies from any previous permit and agrees to abide by all permit conditions.

Wis. Admin. Code Department of Natural Resources § NR 27.05

Cr. Register, September, 1979, No. 285, eff. 10-1-79; renum. (4) to be (4) (a) and cr. (4) (b), Register, March, 1990, No. 411, eff. 4-1-90; am. (2) (e), (3) and (4) (b), cr. (6), Register, April, 1993, No. 448, eff. 5-1-93; correction in (1) made under s. 13.93(2m) (b) 7, Stats., Register, September, 1999, No. 525; CR 05-031: am. (2) (d) Register November 2005 No. 599, eff. 12-1-05.