Wis. Admin. Code Department of Natural Resources NR 10.001

Current through October 28, 2024
Section NR 10.001 - Definitions
(1) "Accompanied by", for the purposes of s. 29.304, Stats., and s. NR 10.01, means within sight and voice contact, without the aid of any mechanical or electronic amplifying device other than a hearing aid.
(1d) For the purpose of s. 29.184 (3) (a) and (br), Stats., "activity" includes but is not limited to the use of electronic communications, telemetry devices, checking bear baits, supplying or handling dogs to track or trail bear, possession of dog handling equipment, possession of baiting equipment, dragging roads, checking for bear tracks, transporting hounds, equipment and other persons engaged in locating bear.
(1h) "Adult bear" means a bear measuring 42 inches or greater measured in a straight line from the tip of the nose to the base of the tail.
(1k) "Afield" means an area where hunting can legally occur, such as fields, forests or similar areas.
(1p) "Aggregate daily bag limit" has the meaning given in 50 CFR 20.11 (c) (3).

Note: 50 CFR 20.11 (c) (3) defines "aggregate daily bag limit" as the maximum number of migratory game birds permitted to be taken by one person in any one day during the open season when such person hunts in more than one specified geographic area and/or for more than one species for which a combined daily bag limit is prescribed. The aggregate daily bag limit is equal to, but shall not exceed, the largest daily bag limit prescribed for any one species or for any one specified geographic area in which taking occurs.

(1r) "Animal part or animal byproduct" means honey, bones, fish, meat, solid animal fat, animal carcass or parts of animal carcasses, but does not include liquid scents.

Note: Milk is not considered to be a part of an animal carcass or an animal byproduct for the purposes of this chapter.

(1t) "Antlerless deer" means any deer without antlers or with both antlers less than 3 inches in length.
(2) "Antlerless elk" means any elk that is not a bull elk.
(2m) "Assisting", for the purpose of bear hunting, means helping a bear harvest permittee hunt a bear by handling dogs, tracking, trailing or locating the bear, or otherwise aiding while with the permittee or baiting.
(2s) "Bait", for the purposes of this chapter, means any material placed or used to attract wild animals, including liquid scent and feed that is used for hunting purposes under s. 29.336 (4), Stats., but does not include plain drinking water or decoys.
(3) "Bear eco-tourism" means the business of observing bear for compensation, but does not involve hunting.
(3h) "Bearded turkey" means a turkey with a bristle-like appendage protruding from the upper part of the breast.
(3m) "Black bear hunting zone" means a zone established in s. NR 10.30.
(3u) "Body gripping trap" means a trap that is designed to allow the animal's head, neck or torso to enter the trap opening and be held by compression of the jaws around the head, neck or torso when the trap is sprung and which is not a cage trap, enclosed trigger trap, snare, cable restraint or steel jawed trap.
(3x) "Bonus deer hunting permit" for purposes of s. 29.181, Stats., and this chapter, means any additional harvest authorizations purchased and any antlerless permits issued under s. NR 10.104 (8) (a) and (b).
(5) "Buck deer" means any deer with an antler not less than 3 inches in length.
(5c) "Bull elk" means any elk with an antler of not less than 6 inches in length.
(5g) "Cable restraint" means a noose used for restraining furbearing animals in a non-water set.
(5j) "Cage or box trap" means a trap that is not used as a water set or in conjunction with a steel jawed trap, an enclosed trigger trap or body gripping trap, and that is designed to allow an animal to enter the trap enclosure, be captured and remain alive inside the cage or box type enclosure until it can be released unharmed or reduced to possession by the operator of the trap.
(5m) "Canada goose management zones and subzones" means those established in s. NR 10.31.
(5p) "Capable of submersing" means a set designed to allow the trapped animal to travel to water of sufficient depth to cause irreversible complete submersion.
(5pm) "Carcass" for the purpose of this chapter has the meaning given in s. NR 19.001 (5).
(5q) "Cervid" means a member of the family of animals that includes deer, elk, moose, caribou and reindeer.
(5r) "Class A permit" means a permit as defined in s. 29.193 (2) (c) 1, Stats.
(5s) "Class B permit" means a permit as defined in s. 29.193 (2) (c) 2, Stats.

Note: Section 29.193 (2), Stats., defines a "Class B permit" as a permit issued to an applicant who has a temporary disability which restricts mobility or ambulation due to illness, injury or operative procedures and who either has a leg, hip or back, or any part thereof, casted by a licensed physician due to a fracture or has leg, hip or back surgery.

(5t) "Class C permit" means a permit issued to a visually disabled person. In this subsection, "visually disabled person" means a person who is blind, as a defined in s. 47.01 (1), Stats.
(5v) "Colony trap" means an enclosure device designed to allow the capture of one or more fur-bearing animals in a single setting as a submersion set. Entrance to the device is gained by one or more one-way entrances with overall dimensions of the trap not to exceed 6.5 inches in width, 6.5 inches in height and 36.5 inches in length.
(6b) "Culvert" means a pipe, tube or conduit no greater than 4 feet in width or diameter that allows the passage of water under a public or private roadway or driveway.
(6h) "CWD" means chronic wasting disease.
(6p) "CWD affected area" means a zone established in s. NR 10.41 for the control and management of chronic wasting disease and is considered the chronic wasting disease control zone for purposes of ss. 29.063 (5) and 29.336, Stats.
(7) "Daily bag limit" means the maximum number of a game species which may be reduced to a person's possession in one day.
(7e) "Decoy" means the replica of an animal used to attract wild animals for the purpose of hunting, but does not include any food materials that can be consumed by any wild animal. For the purposes of this chapter, a decoy is not considered bait.
(7m) "Deer management unit" means a zone established in s. NR 10.28.
(8) "Department" means the department of natural resources.
(9) For the purposes of s. 29.314 (3) (b) 3. and (5) (b) 1, Stats., "educational purposes" means observing or studying bear in conjunction with a college or university or in conjunction with bear eco-tourism.

Note: Subsection (9) does not remove the requirement of ss. 29.089 and 167.31, Stats., to enclose bows or crossbows in carrying cases. The rule does not apply to bows or crossbows only because the natural resources board recognizes that certain designed bow cases may allow portions of the bow, for instance the handle, to be exposed and yet still render the bow inoperable.

(9c) "Enclosed trigger trap" means any trap with a push or pull-activated trigger, inside an enclosure, and recessed 1 1/ 4 inches or more, from an opening that is no greater than 1 3/4 inches in diameter.
(9g) For the purposes of ss. 29.091, 29.089 (2), 29.621 (4) and 167.31, Stats., "enclosed within a carrying case" for firearms means completely contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied, or otherwise fastened, with no portion of the firearm exposed.
(9n) "Established range" means an existing facility that has target shooting with firearms as its major purpose.
(9r) "Explosive tips" means any arrow that expels compressed gases upon contact with an object or otherwise utilizes an explosive reaction. Compressed gasses can be caused by, but not limited to, the chemical reaction of explosive material or through compressed gas contained within or on the arrow shaft or tip.
(10) "Feed" means any material that may attract or be consumed by wild animals that is placed for any non-hunting purpose including recreational and supplemental feeding under ss. 29.335 and 29.336, Stats., but does not include plain drinking water or decoys.
(10c) "Feeding site" means any location or area in which bait or feed is placed or deposited or that contains bait or feed material used to attract wild animals for recreational and supplemental feeding or for hunting purposes.
(10g) "Firearm season" means an open season for hunting with any of the following firearms loaded with a single slug or ball: rifle, muzzle-loader, shotgun or handgun for deer or bear hunting.
(10s) "Green skin" means a skin that has not been removed from the carcass of a dead animal and a skin which has been removed but has not been fleshed, stretched and dried or tanned.
(11) "Harvest authorization" means an approval that authorizes the hunter to harvest one animal of the type identified, subject to any zone, unit, time period, and other restrictions conditioned upon the authorization, and includes a bonus deer hunting permit. Each harvest authorization is identified by a unique harvest authorization number.
(12) "Hunt over" means hunting within 100 yards of any feeding site in an area where a person knows or reasonably should know that one or more feeding sites exists.
(12m) "Jawed trap" means a trap designed to catch an animal by the foot, but does not include enclosed trigger traps, cable restraints, or body gripping traps.
(13) "Liquid" means a substance, neither solid or gaseous, that flows freely and takes the shape of its container at a temperature of 70°F.
(14) "Liquid scent" means any nonsolid material except honey.
(15) "Migratory game birds" means any bird which is migratory and on which an open season has been prescribed in this chapter and belonging to one of the following families:
(a)Anatidae. (wild ducks, geese and brant),
(b)Columbidae. (doves),
(c)Rallidae. (rails, coots and gallinules),
(d)Scolopacidae. (woodcock and Wilson's snipe (jacksnipe)).
(16) "Molest" means any activity which results in physical damage or destruction of an object.
(17) "Muzzle-loading firearm" or "muzzleloader" means a firearm that shoots a projectile loaded exclusively from the muzzle.
(18m) "Non-submersion set" means any trap set that is capable of capturing an animal and not capable of submersing the captured animal.
(19) "Nontoxic shot" means steel shot and copper, nickel, zinc chloride and zinc chromate plated steel shot with the plating not exceeding .0002 inches or 1% or less of shot by weight, or other shot approved by the U.S. fish and wildlife service for waterfowl hunting in 50 CFR 20.21.
(19e) "Notice and information to the public that is adequate" under s. 29.063 (2), Stats., means a department press release to the local news media and the official state newspaper and may also include the following: public meetings, telephone contacts, internet postings, brochure distribution, first class mailings and meetings with landowners in the CWD affected area.
(20) "Open water zone" means waters greater than 500 feet from the mainland shore of Lake Michigan and Green Bay; for the purposes of this subsection, mainland shore includes all adjacent rooted vegetation, adjacent floating cattail and Long Tail and Little Tail points.
(21) "Permanent abode" means a person's principal or ordinary home or dwelling place as distinguished from a temporary abode.
(21m) "Pheasant management zone" for the purposes of s. 29.191 (2), Stats., means all counties in Wisconsin.
(22) "Possession limit" means the maximum number of a game species that a person may possess at any location, and includes all game stored or controlled by a person, regardless of the proximity to the location of storage.

Note: Frozen, canned, or otherwise preserved or processed game remain in the possession of an individual until consumed or gifted to another

(23) "Preservation facility" means any permanent abode, cold storage facility, locker plant, taxidermy establishment, hunting club or place of business which receives or possesses any game belonging to another person for the purposes of picking, cleaning, freezing, processing, storage or shipment.
(23a) "Private land" for purposes of s. NR 10.104 (8) and (9) means land that is not public-access land under sub. (23b). Private land includes lands that are enrolled in the wildlife damage abatement and claims program under ch. NR 12 Subchapter II except if they qualify as public access lands under sub. (23b) because of government ownership, leases, or easements, or under sub. (23b) (a) to (c).
(23b) "Public access lands" for purposes of s. NR 10.104 (8) and (9) means land owned, under easement to, or lease by federal, state, county, or municipal government if that land is open to public hunting. Public access land also includes the following private lands provided they are open to the public for deer hunting:
(a) Enrolled in the managed forest land or forest croplands program under ch.77, Stats.
(b) Acquired in whole or in part with funding from the stewardship program established under ch. 23, Stats.
(c) Owned by a public utility or cooperative for the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power.
(23d) "Sandhill Wildlife Demonstration Area" means the portion of the Sandhill Wildlife Area that is enclosed by a fence.
(23e) "Scent" means any material, except animal parts or animal byproducts, used to attract wild animals solely by its odor.
(25) "Sight exposed bait" means any bait which can be seen from above the bait.
(25c) "Small game" means all varieties of wild mammals and birds for which there is an open season, but does not include deer, moose, elk, bear, wild turkey or endangered, threatened or protected species of game. For the purpose of s. 167.31 (4) (e), Stats., small game does include wild turkeys.

Note: Section 167.31 (4) (e), Stats., states that s. 167.31 (2) (d), Stats., does not apply to a person who is legally hunting small game with a muzzle-loading firearm or with a shotgun loaded with shotshell or chilled shot number BB or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.

(25e) "Snare" means a noose used for catching furbearing animals in a water set.
(25L) "Submersion set" means any trap set capable of capturing an animal and capable of submersing the captured animal. Slide wires or poles, locking devices, slip chains, weighted traps and traps staked in deep water are commonly used in submersion sets. A body gripping trap is not a submersion set when more than one-half of the trap is located above water after the trap has been triggered.
(26) "Temporary abode" means a transient place of abode or dwelling such as a hunting club, or any clubhouse, cabin, tent, or trailer used as a hunting club, or any hotel, motel or rooming house used during a hunting trip.
(26m) "Under ice set" means any trap set made under the ice.
(29) "Water set" means any trap or snare which is set or staked in such a manner as to permit the trap, snare or trapped animal to reach water that is not frozen.
(30) "Waterfowl" means any migratory game bird of the family Anatidae including wild ducks, geese and brant.
(31) "Wild turkey hunting zone" means a zone established in s. NR 10.29.

Wis. Admin. Code Department of Natural Resources NR 10.001

Cr. Register, October, 1975, No. 238, eff. 11-1-75; CR 01-008: cr. (1L) and (9b), Register October 2001 No. 550, eff. 4-1-02; emerg. renum. (1m), cr. (1n), (6n), (6p), (6t), (6w), (19e), (23g) and (24m), eff. 7-3-02; CR 02-018: cr. (9k) Register September 2002 No. 561, eff. 10-1-02; correction in (9e) made under s. 13.93(2m) (b) 7, Stats., Register September 2002 No. 561; CR 03-016: renum. (1m), (6m) and (23m) to be (1t), (6d) and (23s), cr. (1n), (6h), (6p), (6t), (11), (19e), (23m) and (23v) Register August 2003 No. 572, eff. 9-1-03; CR 03-018: cr. (1c), (5c), (5g), am. (17), (25e), (29) Register November 2003 No. 575, eff. 1-1-04; CR 04-020: r. and recr. (6p), r. (6t) and (23m), am. (11) Register August 2004 No. 584, eff. 9-1-04; CR 04-046: renum. (1) to (2) to be (1t), (2), (1), (1d), (1h), (2e), (2m) and (2s), cr. (1p), (5s), (8m), (10s), (18m), (25c), (25k) and (26m), am. (3t) Register September 2004 No. 585, eff. 10-1-04; CR 04-078: cr. (1r), (7e), (10), (10c), (12) and (23e), am. (2s), renum. (9b) to (10m) to be (9c), (9g), (9n), (9r), (9w), (10g) and (10n) Register April 2005 No. 592, eff. 5-1-05; CR 05-031: renum. (15) (b) and (c) to be (15) (c) and (d), cr. (15) (b) and (23c), am. (20) Register October 2005 No. 598, eff. 11-1-05; CR 05-086: am. (3t) Register June 2006 No. 606, eff. 7-1-06; CR 06-012: cr. (21m), am. (25k) Register December 2006 No. 612, eff. 2-1-07; CR 07-035: cr. (8e) Register April 2008 No. 628, eff. 5-1-08; CR 08-013: cr. (5q), am. (6p) and (19e), r. (11) Register August 2008 No. 632, eff. 9-1-08; CR 08-011: renum. (3t) to be (3x), cr. (3u) and (5j) Register September 2008 No. 633, eff. 2-1-09; CR 09-015: r. and recr. (20) Register October 2009 No. 646, eff. 11-1-09; CR 09-024: am. (1) Register May 2010 No. 653, eff. 6-1-10; CR 10-020: cr. (5v), am. (9w) Register October 2010 No. 658, eff. 11-1-10, except (5v) eff. 2-1-11; CR 10-051: cr. (28) Register December 2010 No. 660, eff. 1-1-11; CR 10-066: am. (9w) Register December 2010 No. 660, eff. 2-1-11; CR 11-030: am. (1r), cr. (5pm) Register February 2012 No. 674, eff. 3-1-12; CR 13-021: r. (23v), (24) Register October 2013 No. 694, eff. 11-1-13; CR 13-052: am. (9w) Register March 2014 No. 699, eff. 4-1-14; correction in (2e) made under s. 13.92(4) (b) 7, Stats., Register March 2014 No. 699; correction in (23s) under s. 35.17, Stats., Register April 2014 No. 700.
Amended by, CR 13-071: cr. (1k), r. (2e), am. (6p), (19e), cr. (23a), (23b) Register July 2015 No. 715, eff.8/1/2015.
Amended by, CR 15-024: r. (20) Register November 2015 No. 719, eff. 2-1-16; correction in (1d) made under s. 13.92(4) (b) 7, Stats., Register November 2015 No. 719, eff.2/1/2016.
Amended by, correction in (1d) made under s. 13.92(4) (b) 7, Stats., Register November 2015 No. 719; CR 16-037: r. (3s), am. (5p), (5v), cr. (6b), r. (8e), renum. (8m) to (25L) and am., cr. (12m), am. (18m), r. (25k), (27) Register April 2017 No. 736, eff. 5/1/2017
Amended by, CR 16-035: am. (5v) Register July 2017 No. 739, eff. 8/1/2017
Amended by, correction in (History), (Note) [Removed] made under s. 13.92(4) (b)., Stats.,Register August 2017 No. 740, eff. 9/1/2017
Amended by, CR 18-005: am. (23b) (b) Register September 2018 No. 753, eff. 10/1/2018
Amended by, EmR1902: emerg. am. (3x), r. (6d), cr. (11), r. and recr. (22) eff. 1-18-2019; CR 19-005: am. (3x), r. (6d), cr. (11), r. and recr. (22), r. (25m) Register September 2019 No. 765, eff. 10/1/2019
Amended by, EmR 1914: ermerg. r. (93), eff. 9-5-19; CR 19-017: am. (17), (18) Register January 2020 No. 769, eff. 2-1-20; CR 19-068: r. (9w) Register January 2020 No. 769, eff. 2/1/2020
Amended by, CR 19-146: r. (4), am. (5t), r. (6), am. (9c), r. (10n), (17), (18), (23c), cr. (23d), r. (23s), am. (25L), r. (28) Register June 2020 No. 774, eff. 7-1-20; correction in (5t) made under s. 35.17, Stats., Register June 2020 No. 774, eff. 7/1/2020
Amended by, CR 23-025: am. (10g) Register March 2024 No. 819, eff. 4-1-24; EmR2311: emerg. cr. (20), eff. 8-15-23; CR 23-048: cr. (20) Register March 2024 No. 819, eff. 4-1-24; correction in (20) made under s. 35.17, Stats., Register March 2024 No. 819; 2023 Wis. Act 116: cr. (17) Register February 2024 No. 819, eff. 4/1/2024

For a complete history of s. NR 10.001 from 1-2-56 through 1-1-04 see the History note following s. NR 10.001 published in Register November 2003 No. 575.