Section 19.60. Feeding of wild animals.

 

(1)   General prohibitions.

(a) No person may place, deposit or allow the placement of any material to feed or attract wild animals for non-hunting purposes including recreational and supplemental feeding, except as provided in sub. (2) or (3) , or as specifically authorized in a permit or license issued under s. 29.614 (1) or 169.25 (1) (a) , Stats., or s. NR 12.06 (11) or 12.10 (1) .

(b) Any person placing feed to attract wild animals in violation of this section or s. NR 10.07 (2) or (2m) shall remove all feed or other material illegally placed or deposited when notified by the department to do so.

(c) Landowners, lessees or occupants of any property where feed or other material in violation of this section or s. NR 10.07 (2) or (2m) is present shall remove all feed or other material illegally placed or deposited upon notification by the department of the illegal activity if not otherwise removed in accordance with par. (b) .

(d) Except as authorized under sub. (3) (a) 1. , no person may place feed in a feeder designed to deposit or replenish the feed automatically, mechanically or by gravity.

(2)   Feeding deer authorized.

(a) Affected area . This subsection applies statewide, except for those counties where deer baiting and feeding is prohibited under par. (b) .

(b) Excluded area. Deer baiting and feeding is prohibited in entire counties where any of the following criteria apply:

1. A CWD-affected area has been established in the county or a portion of the county, or

2. A CWD or bovine tuberculosis positive captive or free-roaming, domestic or wild animal has been confirmed after December 31, 1997 from the county, or

3. The county or portion of the county is within a 10 mile radius of a captive or free-roaming, domestic or wild animal that has been tested and confirmed to be positive for CWD or bovine tuberculosis after December 31, 1997.

(c) Inclusion of additional counties.

1. The department may add additional counties under par. (b) if they meet the criteria established in par. (b) 1. , 2. or 3.

2. The prohibitions and exemptions in this subsection shall become effective upon issuance of an order by the secretary of the department and publication in the official state newspaper. In addition, a notice of the order shall be provided to newspapers, legislators and hunting license outlets in the area affected.

(d) Deer feeding. A person may place or deposit material to feed or attract wild deer for recreational and supplemental feeding purposes outside of the counties where deer feeding is prohibited under par. (b) , but may not place or allow the placement of any feed material:

1. In excess of 2 gallons of feeding material within 50 yards of any owner occupied residence or business.

2. More than 50 yards from an owner occupied residence or business.

3. Within 100 yards from a roadway, as defined in s. 340.01 (54) , Stats., having a posted speed limit of 45 miles per hour or more.

4. That contains any animal part or animal byproduct.

5. Without the approval of the owner of the owner-occupied residence or business.

6. At a feeding site that the person knows or should have known is also being used by bear or elk. If the owner of the residence or business is notified by the department or otherwise becomes aware that bear or elk have been using a deer feeding site, the owner may not place or allow others to place any feed material that is accessible to deer, bear or elk within 50 yards of the owner-occupied residence or business for a period not less than 30 days.

(3)   Exceptions.

(a) This section does not prohibit any of the following activities:

1. Material placed solely for the purpose of attracting and feeding wild birds and small mammals when placed in bird feeding devices and structures at a sufficient height or design to prevent access by deer and only when the structures and devices are no further than 50 yards from a dwelling devoted to human occupancy unless authorized by the department. If the department determines that wild deer are utilizing bird feeding devices or structures, the devices or structures shall be enclosed or elevated higher to prevent access by deer.

2. Feeding of wild animals, other than deer, elk or bear, by hand if:

a. Feed placed not more than 30 feet away from the person feeding, and

b. The person feeding makes all reasonable attempts to clean up the unconsumed feed before moving a distance greater than 30 feet from the deposited feed.

3. Feed deposited by natural vegetation or found solely as a result of normal agricultural or gardening practices.

4. Standing crops planted and left standing as wildlife food plots that may be used by wild animals.

5. Feed material placed for deer or bear hunting or bear dog training as authorized under s. NR 10.07 (2m) .

6. Feed material placed for trapping as specified in s. NR 10.13 .

7. The use of scents, provided the material is not accessible for consumption by deer or elk or scent placed in compliance with s. NR 10.07 (2) (b) 4.

8. Feed or bait material placed or used for fish, reptiles, amphibians or arthropods, provided the material is not accessible to bear, deer or elk.

9. Feeding of deer as authorized under sub. (2) .

CR 04-078 : cr. Register April 2005 No. 592 , eff. 5-1-05; CR 07-015 : cr. (2) (d) 6. Register September 2007 No. 621 , eff. 10-1-07; CR 08-013 : am. (2) (b) 1., Register August 2008 No. 632 , eff. 9-1-08; CR 14-071 : am. (2) (b) 1. Register July 2015 No. 715 , eff. 8-1-15.

Note

Section 29.614 , Stats., states: Scientific collector permit. (1) Application for a scientific collector permit shall be submitted to the department. The department may issue a scientific collector permit if the department determines that the applicant is a natural person and is engaged in a bona fide program leading to increased, useful scientific knowledge. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 169.25 , Stats., states: Scientific research license. (1) Issuance. (a) The department shall issue a scientific research license to any person who is engaged in a study or in research that the department determines will lead to increased, useful scientific knowledge and who files a proper application and who pays the applicable fee. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 340.01 (54) , Stats., "Roadway" means that portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway, the term "roadway" refers to each roadway separately but not to all such roadways collectively. Microsoft Windows NT 6.1.7601 Service Pack 1 These feeding rules do not apply to captive wild animals held and licensed under ch. 169 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1