Section 10.13. Furbearing animals.

 

(1)   Prohibited methods. No person may:

(a) Hunting. Hunt any beaver, fisher, mink, muskrat, or otter with the aid of any spear, gun or dog except that:

1. The owner or occupant of any land and members of their families may shoot or trap beaver on their respective lands without license as established in s. 29.337 , Stats.

2. Agents or employees possessing written authorization from the landowner, land lessee or responsible governmental body may use firearms to shoot beaver under s. NR 12.10 .

(b) Trapping.

1. `Traps.' Set out or place traps, snares or cable restraints, whether set or sprung, during the closed season.

2. `Bait or scent.' Set out or place any bait or scent for attracting furbearing animals during the closed season. During the open season, no person may use sight exposed bait consisting of feathers, animal flesh, fur, hide or entrails within 25 feet of any trap, snare or cable restraint.

4. `Watersets.' Take, capture or kill, or attempt to take, capture, or kill any furbearing animals at any time by means of watersets except during that period when and in those areas where there is an open season for trapping muskrat, beaver, or otter or when using a commercially manufactured, enclosed trigger trap. In addition, persons removing beaver under s. NR 12.10 may use watersets.

5. `Trap, snare, and cable restraint placement.' Set any traps, snares, colony traps or cable restraints at any time within 15 feet of any beaver dam, except when trapping under the landowner authority established by s. 29.337 , Stats., or with a commercially manufactured, enclosed trigger trap.

6. `Trap, snare, and cable restraint use.' Set, place, operate or possess while trapping, any trap other than a steel jawed trap, enclosed trigger trap, cage or box trap, body gripping trap, colony trap, snare or cable restraint for the purpose of taking, capturing, or killing furbearing animals. Cage or box traps shall be constructed so that after an animal has been captured, no additional animals may enter the trap until the captured animal is removed and the trap is reset.

7. `Artificial structures.' Construct or place on the ice of any of the waters of this state any artificial house or den for the purpose of taking, catching, or killing any fur-bearing animals, or place or set therein any trap or traps of any kind which might take, catch, or kill fur-bearing animals.

8. `Body-gripping type traps.'

a. Set, place, or operate any body-gripping type trap greater than 75 square inches measured from the maximum outside points on the width and height of the jaws of a trap that has not been set, unless one-half of the set trap is located underwater at all times.

b. Set, place or operate any body-gripping type traps greater than 60 square inches or less than 75 square inches measured from the maximum outside points on the width and height of the jaws of a trap that has not been set: as a water set unless one-half of the trap is located underwater at all times; as an elevated set unless the trap is placed at least 5 feet above the surface; as a baited and/or scented set in or on the ground unless the trap trigger is within an enclosure that provides openings no greater than 50 square inches for a 7 inch minimum recess or an 8 inch height x 10 inch width opening with a 10 inch minimum recess from the enclosure openings; as an unbaited and/or unscented trail set in or on the ground unless the trap is within an enclosure that provides openings no greater than 10 inches in height and 10 inches in width and is recessed a minimum of 15 inches from the enclosure openings; or as a bottom entry enclosure set unless the entire opening of the enclosure is no more than 7 inches above the surface. The measurement to the surface is the distance to the first surface beneath the trap or opening, where the surface is ground, ice, crusted or packed snow or any other hard material. For the purposes of this paragraph, an enclosure means any device that creates a barrier to the trap allowing entry only through designated openings.

c. Set, place, or operate any body-gripping type trap less than or equal to 60 square inches with a vertical measurement of greater than 7 1 / 2 inches when set. The vertical measurement is taken between the widest vertical points on the trap in the set position.

9. `Steel jawed traps.' Set, place, or operate any steel jaw trap with a spread width of more than 8 inches.

10. `Toothed traps.' Set, place, or operate any steel jawed trap with teeth unless it is located completely underwater at all times.

11. `Minimum waterset.' Except when the muskrat or mink season is open, set, place or operate any waterset smaller than 5 1 / 2 inches jaw spread for steel jaw traps or less than or equal to 60 square inches measured from the maximum outside points on the width and height of the jaws of a trap that has not been set, for body-gripping type traps.

12. `Trap placement.' Set, place or operate any body-gripping type trap greater than 60 square inches measured from the maximum outside points on the width and height of the jaws of a trap that has not been set, or any snare or cable restraint regardless of the size of the noose, in the following locations:

a. Within 3 feet of any federal, state, or county road rights-of-way culvert unless completely submerged in water.

b. Within 3 feet of any woven or welded wire mesh type fence.

c. Within 100 yards of any building devoted to human occupancy without the owner's consent.

13. `Snare and cable restraint specifications.' Set, place, or operate any snare or cable restraint unless they are non-spring activated, constructed of galvanized aircraft cable and include a swivel, except that a cable restraint which is designed and placed so that it can only be activated by an animal's foot may be spring activated.

14. `Snare specifications.' Set, place or operate any snare unless the noose cable and noose attachments conform to the following specifications and as authorized under subd. 13. :

a. Cable length shall be 5 feet or less with a diameter not exceeding 1/8 inch.

b. At least one-half of the set snare is located underwater at all times.

15. `Cable restraints specifications.' Set, place, or operate any cable restraint except for bobcat from December 1 to January 31 and fox and coyotes from December 1 to February 15, dates inclusive, provided the cable restraint conforms to the following specifications, or the specifications established in subd. 18 if the device is a foot activated cable restraint, in addition to those under subd. 13.

a. Cable length of 7 feet or less, with a diameter of 3/32 inch or larger, consisting of multiple strands of wire.

b. Cable stops shall be affixed to the cable to ensure that the portion of the cable which makes up the noose loop may not be longer than 38 inches when fully open, or less than 8 inches when fully closed.

c. The bottom of the set restraint cable loop may not be less than 6 inches nor greater than 12 inches above the surface. The measurement to the surface is the distance to the first surface beneath the bottom of the set cable restraint where the surface is ground, ice, crusted or packed snow or any other hard material.

d. A cable restraint shall include a breakaway device or stop rated at 350 pounds or less; a reverse-bend washer lock with a minimum outside diameter of 1 1/4 inches; and staked in a manner that does not allow the restraint device to reach any part of a fence, rooted woody vegetation greater than 1/2 inch in diameter or any other immovable object or stake that could cause entanglement.

16. `Incidental take of raccoons and mink.' Retain any raccoon taken incidentally with a cable restraint during the period when the use of cable restraints is authorized under subd. 15. a. unless it is during the open season for raccoons listed in s. NR 10.01 (3) (b) . No person may retain any mink taken incidentally with a colony trap unless it is during the open season for mink listed in s. NR 10.01 (4) (e) .

17. `Colony trap use.' Set, place, or operate any colony trap except for muskrat and only if all of the following apply:

a. The trap is set entirely under water at all times.

b. The trap is not placed within 3 feet of any culvert.

c. The trap and set does not utilize bait.

d. The trap is not used in conjunction with any fencing, netting or other material that creates an underwater obstruction designed to force or channel any wild animal into the trap.

18. `Foot-activated cable restraint specifications.' Set, place or operate any cable restraint which is designed and placed so that it can only be activated by an animal's foot except for bobcat from December to January 31 and fox and coyote from December 1 to February 15, dates inclusive, provided the foot activated cable restraint conforms to the following specifications:

a. Cable length of 7 feet or less, with a diameter of 3/32 inch or larger, consisting of multiple strands of wire.

b. Cable stops shall be affixed to the cable to ensure that the portion of the cable which makes up the foot loop may not be longer than 22 inches when fully open.

c. A cable restraint shall include a breakaway device or stop rated at 350 pounds or less; a roller (or barrel) in-line swivel that acts as the maximum opening cable stop; an in-line shock spring; and staked in a manner that does not allow the restraint device to reach any part of a fence, rooted woody vegetation greater than one-half inch in diameter or any other immovable object or stake that could cause entanglement.

(2)   Molesting. While hunting or trapping, no person shall:

(a) Raccoon. Molest any raccoon den or den trees.

(b) Mink. Molest any mink den.

(c) Muskrat and beaver. Molest any muskrat house, muskrat feeding house, or beaver dam. However, beaver dams may be altered by persons removing beaver causing damage under s. NR 12.10 .

(3)   Set tending interval.

(a) Non-drowning sets shall be tended at least once each day and any animal captured shall be removed from the set.

(b) Drowning sets shall be tended within a 4-day period following the last tending of the set. Any animal captured shall be removed from the set. Water levels shall be monitored to ensure effective drowning sets.

(c) Under ice sets are exempt from the checking periods.

(d) Sets placed for weasels consisting of body gripping traps placed entirely in enclosures, with no opening larger than 1 3/8 inch in diameter, and anchored to an immovable object shall be tended within a 4-day period following the last tending of the set. Any animal captured shall be removed from the set each time the trap is tended.

(4)   Trap placement. "Lawfully placed" for the purposes of s. 29.331 (5) (a) , Stats., refers to when the trap was initially placed by the owner or operator of the trap.  

1-2-56 ; CR 01-006 : am. (1) (b) 11., Register August 2001 No. 548 , eff. 9-1-01; CR 01-008 : am. (1) (b) 4. and 5., Register October 2001 No. 550 , eff. 4-1-02; CR 02-018 : am. (3) (a) and (b) Register September 2002 No. 561 , eff. 10-1-02; CR 03-018 : am. (1) (b) 1., 5., 6., 8., 12. (intro.) and 13., cr. (1) (b) 14. to 16. Register November 2003 No. 575 , eff. 1-1-04; CR 04-046 : am. (1) (b) 6., r. and recr. (3) (c) Register September 2004 No. 585 , eff. 10-1-04; CR 05-031 : am. (1) (b) 8. b., 15. a. and d. Register October 2005 No. 598 , eff. 11-1-05; CR 06-012 : am. (1) (b) 6., 8. a. and b., 11., and 12. (intro.), cr. (1) (b) 8. c. Register December 2006 No. 612 , eff. 4-1-07, except (1) (b) 6. eff. 2-1-07; CR 06-037 : am. (1) (b) 2. Register June 2007 No. 618 , eff. 7-1-07; CR 07-015 : am. (1) (b) 15. (intro.) and a. Register September 2007 No. 621 , eff. 2-1-08; CR 07-035 : am. (1) (b) 15. Register April 2008 No. 628 , eff. 5-1-08; CR 08-011 : am. (1) (b) 6. Register September 2008 No. 633 , eff. 2-1-09; CR 09-015 : am. (1) (b) 15. (intro.) Register October 2009 No. 646 , eff. 2-1-10; CR 09-024 : am. (1) (b) 6., 12. (intro.) and 13. a. Register May 2010 No. 653 , eff. 6-1-10; CR 10-020 : am. (1) (b) 5. and 6., r. and recr. (1) (b) 16., cr. (1) (b) 17. Register October 2010 No. 658 , eff. 2-1-11; CR 11-030 : am. (1) (b) 13. Register February 2012 No. 674 , eff. 3-1-12; CR 13-021 : cr. (3) (c) 4. Register October 2013 No. 694 , eff. 11-1-13; CR 15-024 : am. (1) (b) 7., 9., 10., 13., 15. (intro.), d., 16., 17. (intro.), cr. (1) (b) 18., r. (3) (title), (a), (b), renum. (3) (c) to (3) Register November 2015 No. 719 , eff. 2-1-16; correction in (1) (b) 15. d. made under s. 35.17 , Stats., Register November 2015 No. 719 .

Note

The rule exception allows trapping on beaver dams by landowners. Microsoft Windows NT 6.1.7601 Service Pack 1 Additional restrictions on trapping furbearing animals on department managed lands that are part of the Wisconsin state parks or state park trails are established in s. NR 10.275 (5) . This section limits upland trapping activities to the use of pull-activated enclosed trigger traps. Microsoft Windows NT 6.1.7601 Service Pack 1 For a complete history of s. NR 10.13 from 1-2-56 through 8-31-01 see the History note following s. NR 10.13 published in Register August 2001 No. 548 . Microsoft Windows NT 6.1.7601 Service Pack 1