Section 27.06. Exceptions to permit requirements.

 

(1)   Federal permits.

(a) Any person taking, transporting, possessing or selling any wild animal or wild plant included in the U.S. foreign and native endangered and threatened species list, but not included in the Wisconsin endangered or threatened species lists, does not need a state permit if such person has a federal permit authorizing such possession. Any person who was previously exempted from needing a permit and is required to have a permit under this section shall apply for and be issued a permit no later than October 1, 1990.

(b) Any Native American Indian who is an enrolled tribal member may possess bald eagles or parts thereof for religious purposes if they have been issued a federal permit authorizing such possession.

(2)   Prior acquisition.

(a) Exemptions. Any person taking, transporting or possessing any endangered or threatened plants or animals, or selling any endangered or threatened animals does not need a state permit if the specimens were acquired before the species' effective listing date. For wild animals added to these lists after the above dates, no permit is required if the wild animals were acquired before the effective date of their addition to the list.

(b) Proof. Any person claiming an exemption under par. (a) must offer evidence acceptable to the department to show that the species was acquired prior to the effective date.

(c) Marking. All wild animals on the Wisconsin endangered and threatened species lists which are possessed, transported or sold pursuant to par. (a) shall be permanently marked, tagged or otherwise identified with a certificate and seal by or at the direction of the department to show the specimen or parts thereof is legally possessed. A certificate and seal may only be transferred incidental to the transfer of the specimen for which the certificate and seal were issued.

(3)   Records.

(a) Procedures. Each person who possesses any live animal listed as a Wisconsin endangered or threatened species in s. NR 27.03 (2) or (3) shall keep a complete and accurate record in the English language of any action affecting the number of said wild animals that person possesses. This record shall be on forms provided by the department, and shall include a receipt book for purchases, births, or any action increasing the number of individuals in possession; and a separate book for sales, gifts, deaths or any action whereby the number of individuals in possession decreases. These receipts shall be completed immediately following the action or transaction affecting populations in possession, and one copy shall be mailed to the department at that time.

(b) Inspection. The permittee shall make all permitted wild plants and wild animals in their possession and all applicable records available for inspection by the department at any time.

(4)   Non-Wisconsin specimens.

(a) Animals. Permits are not required for the possession, processing, sale or transportation of carcasses, skins, hides and furs or parts thereof from wild animals on the Wisconsin endangered or threatened species lists if each item is marked with a permanent locked seal attached by or with the authority of the government of the country, state or province where the wild animal originated, or if an endangered species certificate and seal has been issued under s. NR 27.05 (4) (b) to identify and mark the specimens.

(b) Fur garments. Permits are not required for the possession, processing, sale or transportation of articles of clothing manufactured from the skins, hides or furs of animals on the Wisconsin endangered or threatened species lists if documentation accompanies each garment stating that the furs from which it was made were legally taken outside of Wisconsin.

History: Cr. Register, September, 1979, No. 285 , eff. 10-1-79; am. (1), Register, January, 1981, No. 301 , eff. 2-1-80; cr. (4), Register, October, 1981, No. 310 , eff. 11-1-81; am. (1) (a) and (2), r. and recr. (1) (b), Register, March 1990, No. 411 , eff. 4-1-90; am. (2) (a), (c), (3) (b) and (4) (a), Register, April, 1993, No. 448 , eff. 5-1-93.