Current through August 26, 2024
(1) DEFINITIONS. For
the purposes of implementing ss.
29.614 and
169.25,
Stats., and within this section, the following definitions apply:
(a) "Qualified natural person" or "person"
means any individual complying with s.
29.614,
Stats., and this section, not including a corporation, partnership,
cooperative, society, association or other organization.
(b) "Bonafide research program" means planned
study and investigation undertaken to discover or establish facts or principles
leading to increased, useful scientific knowledge.
(c) "Useful scientific knowledge" means new
information contributing to the long-term well-being of wild animals and their
habitats, or providing educational opportunities in the natural
sciences.
(2)
APPLICABILITY.
(a)
Permits not
required. Scientific collectors permits are not required for the
collection of wild plants, unprotected wild animals taken legally, or wild
animals obtained from licensed game farms or fish hatcheries.
(b)
Bird banding. Scientific
collectors permits will be required for trapping and banding protected
nonmigratory upland game birds.
(c)
Licenses. A person is not required to possess a separate
hunting, fishing or trapping license while collecting under a scientific
collector permit.
(d)
Endangered species. Endangered or threatened wild animals may
be collected only under authority of endangered species permits issued by the
department pursuant to s.
29.604,
Stats., and ch. NR 27.
(e)
Tagging of fish. Scientific collectors permits are required to
capture a wild fish, attach a tag to any part of it, and then to release it
back into waters of the state, unless the department grants specific written
authorization to tag fish for the purposes of a fishing
contest.
(3) PERMIT
APPLICATIONS.
(a)
Forms.
Applications for scientific collectors permits shall be made on application
forms provided by the department and include:
1. Name and address of the
applicant;
2. Applicant's personal
description;
3. Purpose of the
request;
4. Species and number of
specimens to be collected;
5.
Places and times when specimens are to be collected;
6. Method of collecting;
7. Place where collections will be kept;
and
8. Such additional information
as may be requested by the department.
9. The period of the
permit.
(b)
Narrative proposal. All permit applications shall be
accompanied by a written proposal stating the objectives, justifications,
procedures, times and places of collection, application of results and sponsor,
if any, of the project described in the application.
(4) PERMIT ISSUANCE.
(a)
Issuance. Permits shall
be issued in the name of the applicant. All agents of the permittee assisting
in the permitted collections will be listed on the permit. Separate copies of
permits shall be signed and carried by each person named in the permit when
that person is acting under it in the absence of the permittee.
(b)
Specimen materials. A
permit will be issued for collections yielding preserved specimen materials
only when such materials are to be kept in a place and manner where students
and the public have access to them. Private collections to be kept in a manner
not open to the public will not be approved.
(c)
Conditions.
1. `Contents.' Permits will contain
conditions deemed necessary by the department to protect the resources of the
state and assure use of specimens taken are in compliance with s.
29.614,
Stats.
2. `Nonresidents.' Permits
issued to nonresidents will set forth conditions of removal of specimens from
the state.
3. `Federal permits.'
a. Permits involving the capture, marking,
collection, possession or salvage of migratory birds or parts, nests or eggs of
migratory birds will not be issued under this section until the applicant
possesses a permit issued by the U.S. fish and wildlife service for that
activity.
b. Permits under this
section are not required for banding or marking capture-and-release activities
authorized under a permit issued by the U.S. fish and wildlife
service.
4. `Size of
collections.' Permits will not be issued which authorize collections
endangering the population of animals the collection would draw from, or
exceeding the number of animals required to meet the permittee's
objectives.
5. `Unprotected
species.' Permits will not be issued for the collection of protected species if
unprotected species can be used to accomplish the same purposes.
(5) PERMIT USAGE.
(a)
Disposition of
specimens.
1. Living unharmed
specimens collected during the course of permitted activities shall be returned
to the wild at the point of capture, unless otherwise provided in the
permit.
2. Any endangered or
threatened species taken unintentionally during the course of permitted
activities shall be immediately released if unharmed.
3. Injured or dead wild animal specimens
shall be immediately turned over to the department employee named in the permit
unless otherwise provided in the permit.
(b)
Notification of
department. Each permittee shall notify the department employee named
in the permit at least 48 hours prior to collecting of the time and place where
specimens will be collected.
(c)
Marked gear. All traps, nets and any other gear used for
capturing wild animals under terms of a permit shall be marked with the permit
number, name and address of the permittee.
(d)
Trap and net tending.
All traps, nets and other capture emptied by the permittee at least once each
24-hour period.
(e)
Fishing
gear restrictions.
1. `Gill nets.'
Gill nets may not be used in inland waters unless specifically authorized by a
permit.
2. `Buoys.' All buoys and
buoy staffs shall be marked and maintained as required by the department. The
permit number, name and address of the permittee shall be maintained in plain
figures on the bowl of the buoy.
3.
`Sport fishing equipment.' Hook and line fishing equipment and spearing
equipment may not be possessed on a boat operating under a permit without prior
approval of the department.
(6) RECORDKEEPING AND ANNUAL REPORTS.
(a)
Records. Each permittee
shall keep current records, in the English language, of all collections under
the permit. Records of collections shall be made available to the department
during normal business hours, or upon 8 hours notice at other times.
(b)
Required reports.
Permittees shall supply information requested by the department and annually
file a complete and accurate report on forms covering activities conducted
under authority of the permit. Unless otherwise provided in the permit, such
reports shall be filed using a report form provided by the department not later
than January 10 of the year following expiration of the permit.
(c)
Content. Annual reports
by permittees shall include:
1. The common
name, scientific name and number of each species and type of specimen material
collected;
2. The date and
geographic location of each collection;
3. Disposition of collected specimens;
and
4. Any other information
requested by the department.
(7) DISPOSITION. Specimens collected under
the authority of the scientific collector permit may be transferred to and
possessed by an educational institution for exhibition or education purposes
upon completion of the project or expiration of the permit. Environmental
consulting organizations may retain specimens following permit expiration
provided the specimens are marked in a manner prescribed by the department. An
educational institution or environmental consulting organization possessing
specimens shall possess written proof of source, including the scientific
collector permit number of the source and present that proof upon request by
the department.
Application forms for scientific collectors permits under
this section may be obtained from any department regional office. Federal
permits for migratory birds may be obtained from the Special Agent in Charge,
U.S. Fish and Wildlife Service, Federal Building, Fort Snelling, Twin Cities,
MN 55111.