Section 16.12. Reptiles and amphibians.

 

(1)   Applicability. This section applies to the collection, possession and exhibition of live or dead native wild reptiles and live or dead native wild amphibians in Wisconsin.

(2)   Possession restricted. No person may take from the wild or possess any live or dead native amphibians or reptiles or their eggs, except as provided under sub. (3) and s. NR 19.26 , or turtles taken under the authority of ss. NR 19.275 , 21.13 and 22.13 .

(3)   Possession exemptions for native amphibians and reptiles.

(a) Endangered and threatened species. Endangered and threatened amphibians and reptiles may only be possessed as provided under s. 29.604 (6) , Stats.

(b) Possession exemptions and additional restrictions.

1. A person may take or possess up to 5 individuals or eggs of each species of native amphibian, lizard and snake that are not endangered or threatened, except as provided under subds. 2. to 11.

2. No person may take or possess gophersnakes of the species Pituophis catenifer , North American racers of the species Coluber constrictor or gray ratsnakes of the species Pantherophis spiloides taken from within the borders of the state. Persons may possess up to 2 of each of these species if legally obtained from out-of-state.

3. A person may only take or possess up to 2 individuals of the following snake species: Eastern foxsnakes of the species Pantherophis vulpinus and milksnakes of the species Lampropeltis triangulum .

4. A person may possess more than the legal possession limit of lizards or snakes that result from live birth or eggs delivered while in captivity. All offspring that bring the possessed total for that species to more than the legal possession limit established in subds. 1. , 2. and 3. , shall be given away within 3 months of their birth or hatching. These offspring may not be sold, bartered or traded. The release of offspring to the wild is not allowed unless a written request to release is submitted to the department and a license or other authorization is issued by the department as provided under ss. 169.06 and 169.23 , Stats.

5. A person may take or possess up to one native amphibian egg mass or the larvae from that egg mass. These may not be sold and shall be returned to the same body of water that they were taken from immediately after transforming to the adult form, except that up to 5 transformed amphibians may be possessed.

6. A person may take and possess more than 5 native northern leopard frogs of the species Lithobates pipiens , 5 mudpuppies of the species Necturus maculosus , and 5 eastern tiger salamanders of the species Ambystoma tigrinum , or native amphibians and reptiles subject to s. NR 16.13 (2) (a) if authorized by the department by a class A captive wild animal farm license issued under s. 169.15 , Stats.

7. A non-resident may not take or possess any native amphibian, lizards, snakes or their eggs except as authorized by s. 169.04 (3) or 169.12 (3) , Stats.

8. Publicly owned museums and American Zoo and Aquarium Association accredited institutions are exempt from possession and size limits.

9. Accredited colleges, universities and other educational or research institutions are exempt from the possession and size limits of this section for the purpose of research and education.

10. A person may take and possess more than 5 individual specimens of any native amphibian not listed as threatened or endangered, which are purchased or collected as part of a shipment of live bait by a licensed bait dealer or registered fish farmer.

11. A person may possess an unlimited number and size of atypically colored or patterned native amphibians and reptiles, e.g. albinos, striped snakes that are typically blotched.

12. No person may take or possess Blanding's turtles of the species Emydoidea blandingii within the borders of the state. Persons may possess up to 2 of this species if legally obtained from out-of-state.

(4)   Exhibiting. The exhibiting of live native reptiles and amphibians possessed under the authority of sub. (3) (b) and s. NR 19.275 (2) , does not require a license under s. 169.07 , Stats., when those captive wild animals are exhibited exclusively for noncommercial, educational purposes.

History: CR 03-030 : cr. Register October 2003 No. 574 , eff. 11-1-03; CR 05-031 : am. (3) (b) 8. 9. and 11. Register November 2005 No. 599 , eff. 12-1-05; CR 14-025 : am. (3) (b) 2., 3., 6., cr. (3) (b) 12. Register May 2015 No. 713 , eff. 6-1-15.