Endangered Resources

Laws

Endangered, Threatened, & Nongame Species Laws in Wisconsin

Federal Laws

State Laws

Federal Laws

Federal Endangered Species Act (All links in this section exit WDNR)
The Federal Endangered Species Act (ESA) protects all federally listed animals [PDF 215KB] from direct killing, taking, or other activities that may be detrimental to the species. Federally listed plants [PDF 115KB] have similar protection, but the direct killing or taking prohibitions are limited to federal lands. Federal Protection for plants also covers intentional taking on any lands if done in violation of state law or criminal trespass laws. Under the ESA, all federal agencies and cooperating states shall seek to conserve and recover federally listed species. Therefore the government may acquire land as necessary, develop protective regulations such as critical habitat designation, and cooperate with the states on inventory, conservation, and recovery efforts. In addition, no federal funds can be used on projects which would significantly damage the species. All federal agencies must consult with the U.S. Fish and Wildlife Service (USFWS) if any federal project could result in a direct or incidental take of any federally listed species. Any state projects that could affect a federally listed species and that are funded in whole or in part by federal funds also requires consultation with the USFWS prior to any project activity. In order to take, transport, possess, process or sell any federally listed species, you must first obtain an endangered species permit from the USFWS. Permits may be applied for by contacting:

U.S. Fish and Wildlife Service (exit DNR)
Endangered Species Division
Fort Snelling, MN   55222
or call (612)725-3276

The Federal Endangered Species Act also limits interstate and international commerce of all species.

Federal Lacey Act
The Federal Lacey Act (exit DNR) states that it is a federal violation to import, export, sell receive, acquire, purchase, or conduct interstate transport of any fish, wildlife, or plant taken or possessed in violation of federal, tribal, state, or foreign law. Therefore it is illegal to transport federal (exit DNR) or state listed endangered or threatened species obtained in Wisconsin out of the state without a valid permit. This law also applies to species what are not listed but are protected by other laws, such as ginseng and migratory birds. You may bring into Wisconsin non-living specimens of Wisconsin endangered and threatened species without a permit, if they are legally obtained from their place of origin. In this case they must have a tag attached and documentation stating the place of origin.

Federal Migratory Bird Act
The Federal Migratory Bird Act (exit DNR) states that most birds and their parts (feathers, eggs, nests, etc.) are protected by federal law from being killed, taken, transports, possessed, bought, sold, imported or exported without a valid federal permit. This includes a majority of the birds species found in Wisconsin, with the exception of resident games birds (i.e. pheasant, quail, grouse, etc.) and feral species such as the English sparrow, starling, and pigeon. The hunting of migratory game birds is subject to state law and may be done only during the official hunting season and by licensed individuals.

Eagle Protection Act
The Eagle Protection Act (exit DNR) prohibits the taking, possession, sale, purchase or barter, transport, export or import of any bald eagle or golden eagle, alive or dead, including any part of the bird (such as feathers) and the next or eggs, unless specifically allowed by an endangered or threatened species permit.

Statute 29.604 and Administrative Rule NR 27

Below is a summary of the Endangered and Threatened Species Laws State Statute 29.604 & Administrative Rule NR 27 [PDF 168KB]. Links provide detail.

Animals - It is illegal to take, transport, possess, process or sell any wild animal that is included on the Wisconsin Endangered and Threatened Species List without a valid endangered or threatened species permit [PDF 9KB].

Plants - No one may process or sell any wild plant that is a listed species without a valid endangered or threatened species permit [PDF 9KB]. On public lands or lands you do not own, lease, or have the permission of the landowner, you may not cut, root up, sever, injure, destroy, remove, transport or carry away a listed plant without an endangered or threatened species permit. There is an exemption on public lands for forestry, agriculture and utility activity.

Permits - No one is exempt from these laws, but an endangered or threatened species permit [PDF 9KB] can allow you to conduct certain activities under specified conditions. The Department of Natural Resources may issue permits under specified terms and conditions to take, transport, possess, or export listed endangered or threatened species for educational, zoological, scientific or preservation purposes. Permitted species and records relating to them are subject to inspection at any time. Permit holders are also required to submit annual reports (holders of non-living specimens submit reports every three years) and therefore should keep accurate records of any actions pertaining to the endangered or threatened species the permit holder possesses. Accurate up-to-date records are to be maintained at all times in the events of an inspection and for the annual report.

Violations - Any person in violation of any of the laws presented above are subject to fines and/or imprisonment:

Endangered and Threatened Animals: If the state law is violated unintentionally, the violator is subject to a fine of no less than $500 and no more than $2000 and the court shall revoke all hunting privileges for one year. If the law is violated intentionally a person may be fined no less than $2000 and no more than $5000 or may be imprisoned for 9 months, or both. The court shall revoke all hunting privileges for three years. Violations of Federal Laws (exit DNR) will result in greater penalties.

Endangered and Threatened Plants: If the state law is violated unintentionally, the person is subject to a fine of $1000 or less. If the law is violated intentionally, the person is subject to a fine of $1000 or less and/or 9 months imprisonment.

Nongame Animals
Birds - As mentioned earlier, all birds, with the exception of resident game birds and certain non-native species are protected from intentional taking, killing or possession. This includes their nests, eggs and body parts.

Reptiles and Amphibians - Open season for taking frogs is from the Saturday nearest May 1st to December 31st (There is no open season for bullfrogs in Jefferson County). Open season for all turtles, other then those listed as endangered or threatened is July 16 - November 30. Otherwise, reptiles and amphibians may be taken at anytime.

Mussels - Freshwater mussels may be harvested in the Mississippi River from September 1 to March 31. Harvest licenses are required and there are certain restrictions on sizes, species, and location of harvest. Commercial harvest (greater than 50 pounds/person/day) is not allowed on inland streams. Taking of less than 50 pounds of non-listed species is legal and does not require a permit.

Nongame Fish - Up to 600 minnows may be taken and possessed without a fishing license or bait dealers license.

Mammals - Generally, all species of wild mammals which are not hunted or trapped are considered unprotected, and may be taken. This primarily includes members of the weasel and rodent families. A few nongame species, including badgers and woodchucks, are protected and can only be taken with a permit. Species found only rarely or accidentally in the state, such as cougar and moose, may not be taken or killed.

Native Plants
The old wildflower law that protected plants such as orchids, trillium and bittersweet was taken off the books in 1978. Except for wild ginseng and wild rice (as outlined below) all other plants are unprotected on private lands and may be taken, transported or sold (with the exception of noxious weeds and nuisance weeds). You can not take any plants or plant parts from Department of Natural Resources lands except for nuts, berries, and wild asparagus.

Wild ginseng - The harvest of wild ginseng requires a license if it is harvested on land you do not own, or if it is sold. Ginseng may not be harvested from DNR lands, national forests or parks. The harvest season runs from September 1 to November 1.

Wild rice - The harvest of wild rice may occur only on specific waters during specific open rice seasons. A rice permit is required, as is the use of traditional ricing techniques, using canoes and beating poles.

Incidental Take
Wisconsin Law prohibits the taking of any animal listed as endangered or threatened, regardless of where it occurs. For plants, taking is prohibited only on public property. However, even on public lands taking of listed plants is not prohibited if it occurs in the course of forestry, agriculture, or utility practices (State Statute 29.604 [PDF 397KB] (exit DNR)).

The Department may authorize the taking of listed species that would otherwise be prohibited under state law through either Scientific Take Permits or through an Incidental Take authorization. Scientific Take Permits may be granted for taking that is for zoological, educational, or scientific purposes. Incidental Take authorization may be granted for taking that is not the purpose of, but will be only incidental to, the carrying out of an otherwise lawful activity.

In order to authorize incidental taking, the Department must conclude the following: 1) The taking is not likely to jeopardize the continued existence and recovery of the listed species, or the whole plant-animal community of which it is a part, within the state; 2) The taking is not likely to result in the destruction or adverse modification of habitat determined by the Department to be critical to the species' continued existence within the state; 3) The benefit to public health, safety or welfare justifies the taking activity, and 4) To the maximum extent possible, adverse impacts are minimized and mitigated. Before allowing any incidental taking, the Department must provide 30-day public notice, and consider public comments.

The law provides for two routes to incidental take authorization. Regardless of the route to incidental take authorization, however, the basic conditions (described above) are the same. The first is incidental take approval through state agency consultation, which applies to activities that a state agency conducts, funds or approves. The second route is through an actual Incidental Take Permit. The permit applies to activities in which no state agency is involved.

Questions on Wisconsin's Endangered Species Law or Incidental Take may be directed to:

Bureau of Endangered Resources
PO Box 7921
Madison, WI   53707

Conservation
The Department of Natural Resources is required by law to implement conservation programs on state listed species. This involves conducting research and developing programs directed at conserving, protecting, managing for and restoring certain endangered and threatened species to the extent practical.

For further information, contact:
Bureau of Endangered Resources
PO Box 7921
Madison, WI 53707
or call (608) 266-7012

Last Revised: May 13, 2003