Order of the State of Wisconsin Natural Resources Board
a
mending
, repealing and recreating, and c
reating
r
ules
The statement of
scope for this rule, SS
026
-13
, was published in
Register No.
687
, on
March 31
, 2013
. This permanent rule was approved by the Governor on ___________________.
The Wisconsin Natural Resources Board proposes an order to amend Ch.
NR
19.71 (4) and (13), 19.73 (3) (a) 1., 19.74 (1) (a), (b) and (d), 19.74 (2) (Intro.), 19.74 (Note), 19.75 (1), (2) and (Note), 19.77 (2) (a),
19.78 (1) (Intro.),
19.79 and (Note), 19.80 (2) (b) 3., 19.81, 19.82, 19.84; to repeal and recreate 19.71 (10), 19.73 (2) (d) and (3) (d); and to create NR 19.71 (2m), (3m), (6m) and (9g), 19.72 (2) (Note), 19.73 (1) (d) and (e), 19.73 (2) (a) 1m., 19.73 (2) (e), 19.73 (3) (a) 1m., 19.73 (3) (a) 2m. and (e), 19.74 (1) (e), 19.74 (2) (a) to (e) and (3), 19.76 (2m) and (Note), 19.77 (2) (a) (Note), 19.78 (9) to (12), 19.79 (2) and
19.80 (2) (b) 5. to 8 and (Note), 19.81 (3) and (Note),
relating to wildlife rehabilitation.
WM-10
-13
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation
of Agency Authority
:
The department’s authority to authorize and regulate the rehabilitation of wild animals is established in s.
169.24
Stats. The department is directed by s.
169.24(2)
Stats to, “promulgate rules to establish the qualifications required to obtain a rehabilitation license, the types of activities authorized by a rehabilitation license and the standards, limitations, and requirements for rehabilitation licenses.”
A
ll rules promulgated under this authority are subject to review under ch.
227
, Stats.
Statutes Interpreted and Explanation:
These rules interpret statutes related to captive wildlife, especially s.
169.24
.
Related Statute or Rule:
No other rules currently being promulgated are directly related to this proposal and these proposed rules are not a response to recently enacted statutes.
Plain Language Rule Analysis:
This subchapter was adopted in 2004 to establish consistent standards for the rehabilitation of wildlife, ensure that all persons engaged in wildlife rehabilitation are qualified, and to ensure that rehabilitators provide humane care and housing for wildlife being rehabi
litated. These p
roposed revisions will clarify existing rules a
nd establish new requirements for
people licensed to rehabilitate wild animals based on what the dep
artment has learned after
ten years of experience administering the subchapter. Specifically, these rules would:
Section
1 establishes a definition for the word “cage” to clarify that it can mean any type of enclosure.
Section
s 2
and
4
establish definitions of direct and indirect supervision to clarify that the actual presence of the licensee or consulting veterinarian is required in certain situations. These sections also define that a “subpermittee” is a person who is working in a limited capacity under the supervision of the holder of an advanced license for wildlife rehabilitation.
Section
3
updates a cross reference to
American veterinary medical association standards so that it will always refer to the current standards.
Section
5
simplifies the definition of “volunteer”.
Sections
6 and 35
update the name of the Wildlife Rehabilitation Advisory Committee, the group of volunteers appointed by the secretary to advise the department on wildlife rehabilitation so that it is now a
“council” and expand the council’s charge to include advisory roles related to wildlife health and other captive wildlife matters. Use of the word council reflects that this is a long term, rather than a temporary, advisory body.
Section
7
provides information in a note so readers are aware that rehabilitation of skunks and wolves is not allowed and directing people to the location on the department’s website where rehabilitation restrictions and requirements related to deer, wolves and threatened and endangered species are explained.
Sections
8
clarifies that wild animal rehabilitation is restricted only to those species which are listed on the rehabilitator’s license and establishes a process by which additional species may be added to a license.
Section
9
requires an applicant for a rehabilitation license to describe their previous rehabilitation and animal care experience when applying for a license.
Section
10
establishes the conditions under which volunteers may assist basic license holders with the rehabilitation of wild animals, including that volunteers may provide only basic care under the direct supervision of the licensee.
Section
11
establishes that holders of a basic license for wildlife rehabilitation may not utilize the assistance of subpermittees.
Sections
12
to 14
require the signature of a veterinarian to assure that applicants for an advanced wildlife rehabilitation license meet the minimum criteria for the license. These sections also require a description of prior wildlife rehabilitation experience and successfully completing a written exam which evaluates their knowledge as part of the licensing process. This is already a requirement for basic licensees.
Section
15
establishes that volunteers can assist advanced license holders in rehabilitating wildlife and establishes the conditions and requirements.
Section
16
specifically establishes that subpermittees can assist a person who is licensed as an advanced rehabilitator, including at a location other than that of the advanced license holder. This section establishes reporting and other requirements for subpermittees and establishes that advanced licensees are responsible for the activities of volunteers.
Section
17
establishes a state requirement that consulting veterinarians comply with the
Animal Medicinal Drug Use Clarification Act of 1994. This is already a requirement of federal law. This section also
requires that applicants for wildlife rehabilitation licenses read a code of ethics for wildlife rehabilitation,
Section
18
clarifies that, when providing documentation that facilities are allowed under local zoning, the documentation can be supplied by the applicant instead of the local unit of government. The requirement to show that facilities are allowed under local zoning is also an existing statutory requirement.
Sections
19 to 21
establish requirements for non-residents who wish to apply for a license to rehabilitate wild animals in Wisconsin. The requirements are similar to the ones which apply to resident applicants. As a condition of license renewal for residents, this section requires applicants to obtain and show proof of continuing education.
Section
22
establishes that, in addition to preparing a test, the wildlife rehabilitation council may select an existing examination that is used to evaluate applicants for wildlife rehabilitation licenses.
Section
23
requires wildlife rehabilitation license applicants to provide information about their enclosures used to confine animals to make the licensing process more efficient and to better assure that humane standards will be met.
Sections
24
and 25
incorporate by reference the standards for enclosures which are established by the National Wildlife Rehabilitation Association and International Wildlife Rehabilitation Council. This will provide more specific guidance to license applicants and will assure consistently better care and housing of animals.
Section
26
clarifies
that the department, as well as wildlife rehabilitators, can make the determination that an animal is not capable of being released and having a chance of survival in the wild.
The department’s authority is already established in Ch.
169
Stats. but is re-stated in these rules to provide clarity.
Sections
27 to 30
establish that, when responding to an oil spill, rehabilitators who are licensed in another state may assist in Wisconsin on a temporary basis. These sections also clarify how a rehabilitator must respond when they take possession of an animal they know or reasonably suspect has been exposed to rabies and other diseases, and updates a related cross-ref
erence to Ch.
ATCP 10
.
Section
27 establishes a time frame during which a relationship with a new consulting veterinarian must be established if a current veterinarian is no longer able to perform veterinary services for the rehabilitator.
Finally
, language in
Section
27
clarifies that failing to
meet the requirements for the care and treatment of wildlife
is a prohibited action.
Sections
3
1
and 3
2
establish that quarterly reporting of activity with the following additional species is required; fisher, marten, wolverine, weasel, elk, white-tailed deer, and moose. These sections also update the list of animals for which quarterly reports to the department are required so that it includes wild or feral swine, mute swans, and wolf-dog hybrids at times when rehabilitation of those species is not prohibited under s.
NR 19.72 (2)
.
Sections
3
3
designates a specific person in the department to whom applicants to become advanced wildlife rehabilitation sponsors shall apply. The section also requires both the department and the wildlife rehabilitation advisory committee to review applications and documents describing the applicant’s experience with wildlife rehabilitation.
Section
3
4
establishes that the sponsor who applies to advise or consult a basic licensee must either be actively rehabilitating the species that the basic licensee will work with, or must have the facilities necessary to work with that species.
Section
3
6
establishes that, in addition to situations of risk to public health, the department may also modify license conditions when there is a threat to animal health or welfare.
Federal Regulatory Analysis:
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. Under international treaty and Federal law, the possession of migratory birds is also regulated by the United States Fish & Wildlife Service. Additionally, federal regulations do apply to bald eagles and federally listed endangered or threatened species. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Comparison with rules in Adjacent States:
Wisconsin’s surrounding states also have regulations in place establishing some type of licensure and which are designed to assure humane care of animals and manage the use of wildlife resources which are held in the public trust. Wildlife rehabilitation regulations vary from state-to-state but are generally comparable to Wisconsin’s approach.
Michigan wildlife rehabilitation regulations require al
l new applicants to pass the International Wildlife Rehabilitation
basic skills course prior to applying for a wildlife rehabilitation permit. Permits are valid for 5 years and continuing education credits are required prior to a permit renewal. Rehabilitation facilities must be in compliance with the
International Wildlife Rehabilitation and National Wildlife Rehabilitation Association m
inimu
m s
tandards.
The Minnesota wildlife rehabilitation regulations specify three classes of licenses. A passing score of an exam is required prior to obtaining the next level permit. Continuing education credits are required to renew licenses or apply for a subsequent license. Each permit level is allowed to have a specified number of in-shelter assistants who are authorized to assist in rehabilitation activities.
The Iowa wildlife rehabilitation regulations ensure that faci
lities are in compliance with International Wildlife Rehabilitation and National Wildlife Rehabilitation Association minimum s
tandards.
Summary of Factual Data and Analytical Methodologies:
Wildlife rehabilitation is the act of providing temporary care for injured, sick or orphaned wildlife with the goal of releasing them back into the wild. Animals released back into the wild must have the ability to recognize and find appropriate foods, socialize with members of their own species and exhibit normal behaviors such as fear of humans and predator avoidance.
The Wildlife Rehabilitation Advisory Committee makes recommendations to, advises and cooperates with the department on wildlife rehabilitation program development, regulations, research, and education. The Committee represents licensed wildlife rehabilitators in Wisconsin. This rule proposal will expand t
heir role
advising on related
capt
ive wildlife topics and change their name to “council” instead of committee.
The creation of subpermittees will allow advanced licensees the ability to have qualified individuals assisting with rehabilitation activities either on-site or off-site of the licensee’s facility. As part of the proposed rule change, subpermittees will be subject to the same restrictions as basic licensees. These restrictions involve the types of animals that can be rehabilitated (those that are dangerous or difficult to handle), as well as restriction on who is allowed to conduct euthanasia.
The creation of subpermittees also clarifies the role of volunteers. For instance, a volunteer working with a basic license holder would not be able to work at a location away from the basic license holder’s facility or in any way other than under the licensee’s direct
supervision. This
is intended to improve clarity about the roles of volunteers and assistants who are not licensed, increase their level of supervision, and result in more consistently humane care.
The proposal
establishes a note to make readers aware th
at the rehabilitation of skunks, wolves and wolf-dog hybrids is prohibited,
and directs readers to the department’s website for additional information on the rehabilitation of deer and threatened or endangered species. These provisions should improve the usefulness of this chapter to readers.
These rules
establish requirements for basic and advanced licensees to add new species to their license authority.
The requirements are designed to
better
assure that the licensee has experience with those species before working on them.
These rules will require wildlife rehabilitation license applicants to indicate prior experience in wildlife rehabilitation and/or animal care, certify that they have read and understand a code of ethics for wildlife rehabilitators, and provide documentation of compliance with local ordinances.
These rules will establish continuing education requirements which must be met before renewing basic or advanced licenses, and will add that taking and passing an exam is required to apply for an advanced license.
This proposal will incorporate by reference the Minimum Standards for Wildlife Rehabilitation (or equivalent enclosures) for the size and construction of enclosures used to contain wild animals established by the National Wildlife Rehabilitation Association and the International Wildlife Rehabilitation Council.
These standards for wildlife rehabilitation are based on accepted norms in biology, medicine, behavior, natural history, and, of course, wildlife rehabilitation.
Under current rules enclosures are generally required to be of sufficient construction to contain the animal, of a size that is adequate for the animal, and free of sharp edges or other hazards. These specific requirements will make it significantly easier for applicants to construct their facilities with a high level of certainty that they will be approved by the department and result in providing humane care.
Additionally, applicants for wildlife rehabilitation licenses will need to provide a complete caging/enclosure report with pictures of their enclosures when their rehabilitation license applications are submitted.
Under this proposal, the department will have enough flexibili
ty that it would be able to approve enclosures that technically do not meet these standards but which clearly will result in providing humane care, perhaps as a result of design of other ideas and improvements that were not considered in development of standards.
These rules will interpret statutory authority by making a clear statement that the disposition of wild animals
that are not capable of being released and having a chance of survival
can be determined by the department, as well as
rehabilitators
. This is already established by statute but is important to restate in these rules because some wildlife rehabilitators utilize this chapter as a summary of regulations.
This proposal will establish that, for purposes of responding to an oil spill or other disaster, a person licensed to rehabilitate wildlife in another state may temporarily assist with rehabilitation in this state.
This will facilitate the efficient approval of volunteers who may be needed in this type of an emergency situation.
These rules will also correct a cross-reference with rules promulgated by the Department of Agriculture, Trade and Consumer Protection which establish procedures that must be followed if an animal is suspected of having been exposed to rabies.
These rules clarify that failing to meet the requirements for the care and treatment of wildlife is a prohibited action.
Current statutes and rule require rehabilitators to keep records of animals received, the condition of the animals and the disposition of each animal. For certain species, quarterly reporting to the department is required. Through this pro
posal, the department will expand the
requirements
to include quarterly reporting of elk, deer, moose, fisher, marten, wolverine, weasel, bobcat, lynx and cougars.
Quarterly reporting for the possession of mute swans, wild or feral swine, and wolves or wolf-dog hybrids would also be required if rehabilitating those species is allowed.
Wildlife rehabilitation experience is required of an advanced license holder who wishes to sponsor basic license holders. This proposal requires that the advanced license holder be able to document or otherwise prove to the department that they have experience rehabilitating the species being considered and be approved by th
e department and
the Wildlife R
ehabilitation Advisory Council
to be sponsors
.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis:
The department
will solicit
comments on an economic impact analysis of this propos
al d
uring July 2015
. During that period
the department
will post a preliminary
analysi
s on its website and distribute
the proposed rule and a
nalysis to parties it determines
would
be interested
. A c
opy of the analysis will be posted
on the department’s website at
http://dnr.wi.gov
a
nd can be located by searching for the keywords “administrative rules”
.
Anticipated Private Sector Costs:
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector
.
Effects on Small Business:
Wildlife rehabilitation is typically performed by non-profit organizations or individuals who are not reimbursed by government funding or by fees paid for services. These rules, and the legislation which grants the department rule making authority, will have no economic effect on small businesses. These rules are applicable to wildlife rehabilitators and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
T
he proposed rules will not have a significant economic impact on a substantial number of small businesses
under 227.114(6
)
or 227.14(2g)
.
Agency Contact Person:
Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452,
scott.loomans@wisconsin.gov
Deadline for Written Comments
: Written comments may be submitted to the agency contact person, liste
d above, through August 31, 2015
.
Section
1. NR 19.71 (2m) is created to read:
NR 19.71 (2m)
“Cage” means any structure in which animals are confined for rehabilitation purposes.
Section
2
.
NR 19.71 (3m) is created to read:
NR 19.71 (3m)
“Direct supervision
”
means the actual presence of the licensee or consulting veterinarian.
Section
3
.
NR 19.71 (4) is amended to read:
NR 19.71
(4)
"Euthanasia" means the humane killing of a
wildlife
wild animal
in accordance with the current American veterinary medical association standards contained in the
2000 Report
most recent report
of the AVMA Panel on Euthanasia.
Note:
Copies of the 2000 Report
Reports
of the AVMA Panel on Euthanasia
, JAVA, Vol. 218, No. 5, dated
March 1, 2001,
are available for inspection at the offices of the Secretary of State, 30 W. Mifflin Street, Madison, WI, the Legislative Reference Bureau, One E. Main Street, Madison, WI, or the department.
Section
4
. NR 19.71 (6m)
and (9g) are
created to read:
NR 19.71 (6m) “Indirect supervision” means a licensee need not be on the premises but shall give either written or verbal instructions for treatment of an animal, is readily available by telephone or other forms of immediate communication, and has assumed responsibility for the rehabilitation care provided by a person working under the licensee’s direction.
(9g)
“Subpermittee” means any person subject to the conditions and limits established in s.
NR 19.73 (3)(e)
and who is working in a limited capacity under the supervision of an advanced licensee on wildlife rehabilitation activities.
Section
5
.
NR 19.71 (10) is repealed and recreated to read:
NR 19.71 (10)
“Volunteer” means any person at a licensee’s facility
who is contributing to the activities of the facility
or
who is
und
er the direction of and is known to
the licensee.
Section
6
. NR 19.71
(13)
is amended to read:
NR 19.71 (13) "Wildlife rehabilitation advisory
committee
council
" means a group of volunteers appointed by the secretary or secretary's designee to advise and provide recommendations about wildlife rehabilitation
, wildlife health, and captive wildlife
to the department.
Section
7
.
NR
19.72
(2)
(
Note
) is created
to read:
NR 19.72 (2) Note:
Deer rehabilitation information can be found at
http://dnr.wi.gov/
or will be available upon request at DNR Service Centers, by writing the Bureau of Wildlife Management, PO Box 7921, 101 S. Webster St., Madison, WI 53707−7921.
The rehabilitation of skunks is prohibited under s.
NR 1.18 (3) (c)
.
The possession and rehabilitation of species which are listed as threatened or endangered as established in s.
NR 27.03
requires authorization from the Bureau of Natural Heritage Conservation.
Pursuant to ss. Ch. 169.085 and 169.11 (1) (b) Wis. Stats., the department does not allow rehabilitation of wolves or wolf-dog hybrids.
Section
8
. NR
19.73
(1)
(d) and (e
) are created to read:
NR 19.73
(1)
(d)
Species
.
The department shall list on the license the species authorized for
rehabilitation by
a basic or an advanced l
icensee
.
(e)
Species additions
. No person may add species to their license unl
ess all of the following have occurred
:
1
.
The licensee has submitted to the
d
epartment a c
aging report
as required under s.
NR 19.76
(2
m)
,
pictures of
pens/enclosures, and documentation indicating the licensee’s
rehabilitation experience or knowledge with the new species.
Experience or knowledge with the new species shall include at least 100 hours of hands-on experience gai
ned within the previous two years
and 25 of those hours may be fulfilled by participation in seminars or courses relating to the new species.
The department may require that licensees demonstrate specific experience or knowledge of species that it determines to be sensitive or difficult to rehabilitate.
2
.
The department has reviewed and approved the addition
.
3. A
n
additional facility inspection to determine
compliance with
standards established under
s.
NR 19.77
has been conducted
if the department has determined
such
an inspection is necessary
.
4
.
A b
asic l
icensee possesses a
sponsorship agreement with an advanced licensee
.
Section
9
. NR
19.73
(2) (a) 1m.
is created to read:
NR 19.73
(2)
(a)
(1m)
Submit
a completed li
cense application that describes
prior wildlife rehabilitation and animal care experience
to the department
.
Section
1
0
. NR 19.73 (2) (d) is repealed and recreated to read:
NR 19.73 (2)
(d
)
Volunteers
. Volunteers may assist basic license holders with the rehabilitation of wildlife provided that all of the following conditions apply:
1. Basic licensees have
complete
d
one full year of licensed wildlife rehabilitation before volunteers may be authorized to assist with wildlife rehabilitation activities.
2. All volunteer information including name, address, and telephone number has been provided to the department.
3. The department is notified
quarterly
of any changes to their list of volunteers and any changes in contact information of their volunteers.
4. Volunteers only provide basic care to species identified on the basic license.
5. Volunteers only operate at the facility of the licensee and under the direct supervision of the basic licensee.
6. License holders accept responsibility for the actions and activities of volunteers and shall be responsible for any violations by volunteers in violation of this chapter or Ch.
169
Stats.
Section
1
1
. NR 19.73 (2) (e) is created to read:
NR 19.73 (2)
(e
)
Subpermittees.
Basic license holders shall not list subpermittees on their license.
Section
12
. NR 19.73 (3) (a) 1. is amended to read:
NR 19.73 (3)
(a) 1.
NR 19.73(3)(a)
Possess a basic evaluation form signed by the applicant's advanced licensee sponsor
or sponsors and consulting veterinarian or veterianarians
stating that the applicant has been a licensed basic rehabilitator for a minimum of 2 years and has satisfactorily engaged in the practice of wildlife rehabilitation.
Section
13
. NR 19.73 (3) (a) 1m. is created to read:
NR 19.73 (3)
(a) 1m. Submit a completed licen
se application form that describ
es prior wildlife rehabilitation experience to the department.
Section
14
. NR 19.73 (3) (a)
2m. is created to read:
NR 19.73 (3)
(a) 2m.
Pass an examination meeting the requirements of s.
NR 19.75
.
Section
1
5
. NR 19.73 (3) (d) is repealed and recreated to read:
NR 19.73 (3)
(d)
Volunteers
. Volunteers may assist advanced license holders with the rehabilitation of wildlife provided that all of the following conditions apply:
1. All volunteer information including name, addres
s, and telephone number has been
provided to the department.
2. The d
epartment is notified q
uarterly of any changes to the licensee’s
list of volunteers and any changes in contact information of their volunteers.
3. Volunteers only provide basic care to species identified on the advanced license.
4. Volunteers only operate at the facility of the licensee and under the direct or indirect supervision of the advanced licensee.
5. License holders accept responsibility for the actions and activities of volunteers and shall be responsible for any violations by volunteers in violation of this chapter or Ch.
169
Stats.
Section
16
. NR 19.73 (3) (e)
is
created to read:
NR 19.73 (3)
(e)
. Subpermittees.
Subpermittees may be authorized to assist with the rehabilitation of wildlife under the authority of an advanced licensee’s license and subject to the restrictions of basic license holders under sub. (2) provided that all of the following conditions apply:
1
. All subpermittee information including name, addres
s, and telephone number has been
provided to the Department.
2
. Advanced licensees
notify the
department quarterly
of any changes to their list of subpermittees and any changes in contact information of their subpermittees.
3
. Subpermittees are
listed on all of the advanced licensee
’s permits and licenses by the species for
which the subpermittees
provide rehabilitation care
.
4
. Subpermittees operating at a location other than the ad
vanced licensee’s facility
retain a copy of the advanced licensee’s license which shall be provided to a department agent upon request.
5
. Advanced licensees accept responsibility for the actions and activities of their subpermittees and shall be responsible for any violations incurred of these rules or ch.
169
, Stats.
6
.
Advanced licensees that
utilize subpermittees who operate at a location other than the advanced licensee’s facility shall be responsible for
establishing
th
at
subpermittees
facilities meet the standards established
in s.
NR 19.77
.
7
. Subpermittees operating at a location other than the ad
vanced licensee’s facility
submit, to both
the advanced licensee and the d
epartment, a caging report and pictures of every rehabilitation pen/enclosure at their location.
8
. Subpermittees who operate at a location other than the advanced l
icensee’s facility are
located
no more than 60 mile
s
from the main facility of the advanced licensee.
Section
1
7
. NR 19.74
(1)
(a)
,
(b)
and (d)
are
amended to read:
NR 19.71 (1)
(a)
A signed consulting veterinarian agreement from a veterinarian who is willing to consult and assist
the
applicant with care and treatment of wildlife being rehabilitated
.
and who is in compliance with the
Animal Medicinal Drug Use Clarification Act of 1994
.
(b)
A
For basic licenses, a
signed sponsorship agreement from an advanced licensee who has agreed to sponsor the basic applicant.
(d)
Certification that the applicant has read and understands this subchapter and
the code of ethics
and that the applicant agrees to comply with all provisions of this subchapter
and code of ethics
.
Section
1
8
. NR 19.74 (1) (e) is created to read:
NR 19.74 (1)
(e)
Written assurance from the applicant that the facility is in compliance with local ordinances and zoning regulations.
Section
19
. NR 19.74 (2) (Intro.) is amended to read:
NR 19.74
(2)
The department may issue the appropriate rehabilitation license to an individual possessing a valid rehabilitators license or permit from another state or province, provided that the minimum requirements of the basic or advanced rehabilitators licenses described in this subchapter are met.
Applicants
shall:
Section
2
0
. NR 19.74 (2) (a) to (e) and (3) are created to read:
NR 19.74 (2)
(a)
Pass an examination meeting the requirements of s.
NR 19.75
.
(b) Possess a signed consulting veterinarian agreement from a veterinarian who is willing to consult and assist the applicant with care and treatment of wildlife being rehabilitated.
(c) Possess a signed letter of recommendation from a consulting veterinarian and a rehabilitator, previous sponsor, employer, or other individual which indicates compliance with s.
NR 19.73 (2)
or
(3)
. A letter of recommendation shall include and reference specific training and experiences comparable to information on a basic level evaluation form.
(d) Sign a c
ertification that the applicant has read and understands this subchapter and that the applicant agrees to comply with all provisions of this subchapter.
(e) Allow an inspection of facilities to assure that the applicant’s facilities meet the requirements of s.
NR 19.77
.
(3)
License Renewal
. An applicant for renewal of any rehabilitation license shall submit proof of having obtained at least one continuing education credit during the preceding license period. Qualifying continuing education credits are:
(a)
National Wildlife Rehabilitators
Association,
International Wildlife Rehabilitation Council, or Wisconsin Wildlife Rehabilitator’s Association workshops, classes, or conferences.
(b) Participation in a research project, coursework, specialized rehabilitation care, or other activities which have been approved by the department.
Section
2
1
.
NR 19.74
(Note) is amended to read:
Note:
Wildlife rehabilitation application, evaluation form, sponsorship agreement,
and
veterinary agreements,
and code of ethics
will be available
at
http://dnr.wi.gov/
or
upon request at DNR Service Centers, by writing the Bureau of Wildlife Management, PO Box 7921, 101 S. Webster St., Madison, WI 53707−79
21 or by calling
(608) 266−8204.
1-888-936-7463.
Section
22
.
NR 19.75
(1)
, (2)
and (Note) are
amended to read:
NR 19.75 (1)
A person desiring a basic
or an advanced
license to rehabilitate wildlife in Wisconsin shall take a written examination, provided and administered by the department, and score 80% or greater.
(2)
The examination shall be prepared
or selected
by the wildlife rehabilitation advisory
committees
council
, subject to the approval of the department,
and administered by a representative of the department.
Note:
The wildlife rehabilitation study guide will be available
at
http://dnr.wi.gov/
or
upon request at DNR Service Centers, by writing the Bureau of Wildlife Management, PO Box 7921, 101 S. Webster St., Madison, WI 53707−7921 or by calling
(608) 266−8204.
1-888-936-7463.
Section
2
3
. NR 19.76 (2m) and Note are created to read:
NR 19.76 (2m)
Before an inspection, the applicant must complete and submit to the department a caging report which includes pictures of each cage or enclosure
at the applicant’s facility
.
Note:
Wildlife rehabilitation caging report is available at
http://dnr.wi.gov/
or
upon request
at
DNR Service Centers, by writing the Bureau of Wildlife Management, PO Box 7921, 101 S. Webster St., Madison, WI 53707−79
21 or by calling 1-888-936-7463.
Section
24
.
NR 19.77 (2)
(a)
is amended to read:
NR 19.77
(2)
ENCLOSURE SIZE AND CONSTRUCTION. (a) Enclosures shall
be
structurally sound, of sufficient strength for species involved, and maintained in good repair to prevent escape or injury to wildlife being rehabilitated
.
All structures built after July 1, 2016 shall be in compliance with the Minimum Standards of the National Wildlife Rehabilitation Association/International Wildlife Rehabilitation Council except that, if enclosures are structurally sound, of sufficient strength for species involved, and maintained in good repair to prevent escape or injury, t
he department may determine st
andards have been met which fulfill
the requirements of this par.
Section
25
.
NR 19.77 (2) (a) (Note) is created to read:
Note:
National Wildlife Rehabilitators
Association and International W
ildlife Rehabilitation Council
minimum s
tandards
for enclosures
are
available at
http://dnr.wi.gov/
or
upon request at DNR Service Centers, by writing the Bureau of Wildlife Management, PO Box 7921, 101 S. Webster St., Madison, WI 53707−7
921 or by calling 1-888-936-7463
.
Section
2
6
. NR 19.78 (1)
(I
ntro.) is amended to read:
NR 19.78 Care and treatment of wildlife. (1)
Any orphaned, sick or injured wildlife
, except endangered or threatened species,
that the licensee
or the department
determines is not capable of being rehabilitated or having a reasonable chance of survival in the wild
shall be treated under one of the following options:
(a) Euthanized.
(b) Turned over to the department.
(c) Disposed of as directed by the department.
(d) Retained
for the purpose of long−term care at the direction
of the department.
Section
2
7
. NR 19.78 (9)
to (12
)
are
created to read:
NR 19.78 (
9)
For the purpose of responding to an oil spill, a current
ly licensed rehabilitator from another
state may, under the approval of the secretary or their designee, temporarily assist
in Wisconsin
with the rehabilitation of wildlife affec
ted by an oil spill in this state
.
(10)
A licensee shall quarantine all animals reported under s.
19.79 (2)
and animals shall be handled as directed by the department, including conducting rabies testing at the direction and in the presence of the department or its agents.
(11)
If
a
licensee’s
relationship with a
consulting veterina
rian
under s.
19.74 (1) (a
)
is terminated
, the licensee may not admit new patients until a new consulting veterinarian is obtained. The licensee shall establish a new relationship with a consulting veterinarian an
d notify the department within 10
business days.
(12)
In the event that the department mak
es a determination which directs what
the disposition of a wild animal
shall be
, no person may fail to comply.
Section
2
8
. NR 19.79
is amended to read
:
NR 19.79 Infectious disease reporting
and response
.
A licensee or consulting veterinarian shall report animal diseases as required by
s.
ATCP 10.02
s.
ATCP 10.03
if diagnosed in wildlife being rehabilitated and to the department's wildlife health program.
Section
29
. NR 19.79 (2) is
created to read
:
NR 19.79 (2)
If a licensee knows or reasonably suspects that a rabies-vector species mammal in their care may have or has been exposed to rabies, or that a human or domestic animal has been bitten or scratched by a possible rabies-vector species in the licensee’s possession, the licensee shall make reports required under s.
19.79
, quarantine the animal, and handle the animal as directed by their local or county public health department of the Wisconsin State Laboratory of Hygiene, which may include submitting the animal for rabies by the Wisconsin State Laboratory of Hygiene.
Section
3
0
. NR 19.79 (Note) is amended to read:
NR 19.79 Note
Note:
The wildlife health program may be contacted by calling
(608) 266-8204
1-888-936-7463.
Section
3
1
. NR 19.80 (2) (b)
3.
is amended to read:
NR 19.80 (2)
(b)
3.
Mustelidae (badger, mink, otter, skunk
, fisher, marten, wolverine, weasel
).
Section
32
. NR 19.80 (2) (b) 5. to 8
and (Note)
are created to read:
NR 19.80 (2)
(b)
5. Cervidae (elk, deer, moose)
6.
Suidae
(
pure wild strains of swine commonly known by the name European, Eurasian, Russian or
hybrids with domestic strains and
animals which are confined but which exhibit characteristics of being in an
untamed state, and as established in Ch.
NR
16.11 Wis. Admin. Code)
7.
Anatidae
(
mute swans)
8.
Canidae
(
Hybrids of the species Canis lupus, C. lycaon, or C. rufus commonly known as wolves and the species Canis familiaris, domestic dogs, and subsequent generations from such mating
s as established in Ch.
NR
16.11 Wis. Admin. Code)
Note:
The department can restrict the rehabilitation of species when necessary to control the spread of disease, to protect public health, or to prevent harmful environmental impacts.
Pursuant to ss. Ch. 169.085 and 169.11 (1) (b) Wis. Stats., the department does not allow rehabilitation of wolves or wolf-dog hybrids.
Section
3
3
. NR 19.81 is amended to read:
NR 19.81 Qualifications of sponsors.
Advanced licensees may volunteer to sponsor
, or
and
provide consultation and advice to basic licensees.
Potential sponsors will be reviewed by the wildlife rehabilitation advisory council and the department.
A person desiring to be an advanced sponsor shall do all of the following:
(1)
Submit a request to the wildlife rehabilitation
advisory committee established in s.
NR 19.82
program manager
requesting designation as a sponsor.
(2)
Have
documented
experience rehabilitating those wildlife species which the basic licensee is authorized to possess.
Section
3
4
. NR 19.81 (3) and (Note) are created to read:
NR 19.81 (3)
Be
actively rehabilitating the species the basic li
censee is authorized for, or have
a facility prepared to rehabilitate the species in compliance with NR 19.77.
Note:
Contact information for the
wildlife rehabilitation program manager
may be obtained by calling 1-888-WDNR INFO
.
Section
3
5
.
NR 19.82 is amended to read:
NR 19.82
Wildlife rehabilitation advisory
committee
council
.
(1)
The secretary shall appoint persons experienced with wildlife biology, rehabilitation, law enforcement, and veterinary medicine to a wildlife rehabilitation advisory
committee
council
.
(2)
The wildlife rehabilitation advisory
committee
council
shall assist the department with development of wildlife rehabilitation examinations, facility inspections, and recommendations which may be used in department decision making as it pertains to wildlife rehabilitation
, wildlife health, or captive wildlife
activities.
Section
3
6
. NR 19.84 is amended to read:
NR 19.84 Modifications.
The department may amend or add conditions to licenses issued under this subchapter at any time if there is a risk to public
or animal
health and human
or animal
welfare or there is a risk to the health and welfare of the environment.
Section
37
.
E
ffective Date
.
This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s.
227.22(2)(intro.)
, Stats.
Section
38
. Board adoption.
This rule was approved and adopted by the State of Wisconsin Natural Resources Board o
n
____________________.
