Wis. Admin. Code Department of Natural Resources NR 17.045

Current through October 28, 2024
Section NR 17.045 - Hound dog training enclosure permit
(1) ENCLOSURE INSPECTION AND PERMIT.
(a)Conditions. The owner or operator of a hound dog training enclosure shall be at least 18 years of age to apply for and obtain an approved hound dog training enclosure permit from the department prior to using or releasing any captive wild animals or dogs into the enclosure for dog training or trialing purposes. The department shall inspect every hound dog training enclosure for which it has received a permit application. The department shall issue a permit to an applicant if it finds that the facility meets the requirements of this section and s. NR 17.11. Enclosures that do not meet the requirements of this section may not be issued a permit but may reapply for inspection after 30 days. No person may train, trial or otherwise release dogs into an enclosure containing captive wild animals unless a valid hound dog training enclosure permit is possessed by the owner or operator of the enclosure. An owner or operator shall obtain a separate hound dog training enclosure permit for each enclosure they own or operate. A hound dog training enclosure permitted under this section, may not be licensed under s. 169.15, Stats., as a captive wild animal farm, or as a wild fur farm under s. 169.18, Stats.
(b)Initial applicability. Any person operating a hound dog training enclosure prior to July 1, 2007, may continue to operate provided they apply for a hound dog training enclosure permit under this section no later than December 31, 2007. After December 31, 2007, no person may operate a hound dog training enclosure without first obtaining a hound dog training enclosure permit.
(c)Fee. There is no fee for issuance of a hound dog training enclosure permit.
(d)Removal of animals.
1. Any wild fox present in any new enclosure shall be live trapped and released outside of the enclosure or killed and removed as authorized under ch. 29, Stats., and ch. NR 10 or 12, prior to inspection by the department.
2. Any wild coyote present in any new enclosure shall be killed and removed as authorized under ch. 29, Stats., and ch. NR 10 and 12, or shall be live trapped in accordance with s. NR 17.047(2) (b) and marked in accordance with sub. (5) (b).

Note: Verification of coyote or fox removal will be agreed upon by the department and the owner or operator. Snow cover may be necessary to confirm removal of fox and coyote.

(e)Presence of other animals. Captive wild animals, other than the species specifically permitted under this section, may not be maintained in the same enclosure. An enclosure may only be permitted for one species.
(f)Killing of captive animals. A hound dog training enclosure permit authorizes the killing of captive wild animals only by the holder of the permit, or an employee of the permit holder.
(g)Compliance with local regulations. No initial enclosure permit application may be approved unless the application is accompanied by written assurance that the enclosure is in compliance with local ordinances and zoning regulations.
(h)Expiration. A hound dog training enclosure permit shall remain valid until the date indicated on the permit provided the facility remains in compliance with this section. The expiration date of a hound dog training enclosure permit shall be the same as the expiration date of the dog training or trialing license held by the owner or operator or club under sub. (2).
(2) LICENSE REQUIREMENTS.
(a)Hound dog training license. Except as provided in par. (b) or (c), the owner or operator of any hound dog training enclosure and every person participating in the training of hound dogs within a hound dog training enclosure shall possess a valid hound dog training license.
(b)Dog club training license. If the owner or operator of the hound dog training enclosure possesses a valid dog club training license, the members of that club are not required to possess individual hound dog training licenses.
(c)Hound dog trial license. If the owner or operator of the hound dog training enclosure or an individual participating in a organized competitive field trial event possesses a valid hound dog trial license, the participants in the event are not required to possess a hound dog training license for that event.
(3) CARE AND HOUSING. Hound dog training enclosures shall meet the following requirements:
(a)Food, water and cover. All hound dog training enclosures shall provide the necessary natural or artificial habitat and meet the food, water and cover requirements of a coyote, fox or rabbit. Conditions are subject to approval by the department.
(b)Acclimation period. No dogs may be released into an enclosure that is used to train dogs to pursue coyotes or fox until the 7th day following the release of a new coyote or fox into an enclosure. No dogs may be released into an enclosure that is used for training dogs to pursue rabbits until the 2nd day following the release of a new rabbit into the enclosure.
(c)Intent of training.
1. Dogs may not be released into an enclosure with the intent to kill or physically injure the captive coyote, fox or rabbit. Any coyote or fox injured during a dog training exercise shall be submitted to a veterinarian for treatment at the owner or operator's expense, or euthanized and shall be reported to the department within 24 hours.
2. Injured or debilitated coyote, fox or rabbits shall not be maintained in the hound dog training enclosure.

Note: To report an injury or death of a coyote or fox resulting from a dog training exercise, individuals shall contact their local warden or call the 24 hour department law enforcement hotline 1-800-847-9367.

(d)Supervision. Whenever dogs are released into or present in a hound dog training enclosure, the owner or operator of the enclosure or one or more competent individuals designated by the owner or operator shall be present at the enclosure and actively directing attention to the training activity. For the purposes of this paragraph, competent means that the individuals are knowledgeable of regulations of this chapter and are capable of controlling the dogs released into the enclosure.
(e)Enclosure size.
1. Except as provided in subd. 2., the minimum size of a hound dog training enclosure for coyote and fox shall be 75 contiguous completely fenced acres without interior fences that divide the area into parcels less than 75 acres.
2. A hound dog training enclosure used to train inexperienced dogs may be less than 75 acres provided the owner or operator also holds a permit for a facility that meets the requirements of subd. 1., for experienced dogs and complies with the following conditions:
a. May not be less than 15 acres in size, except as provided in subd. 2. b.
b. Existing enclosures in operation and used under a hound dog training license for training inexperienced dogs on coyote or fox on or before October 1, 2006 may be less than 15 acres in size.
c. Shall be within 2 miles of the enclosure meeting the requirements established in subd. 1.
3. The minimum size for hound dog training enclosures for rabbits shall be 0.5 acres.
(f)Fences.
1. Coyote and fox.
a. Perimeter fences used to confine coyote or fox within a hound dog training enclosure shall be a minimum of 6 feet in height, with a minimum of 12-inches of additional fence material bent inward at a 90 degree angle at the top and the bottom of the fence. The bottom 12-inch section of fence shall be in contact with the ground and secured to the ground to prevent coyotes and fox from entering or leaving the enclosure.
b. The outside of the perimeter fence shall either include a minimum of 12 inches of additional fence material bent outward at a 90 degree angle at the bottom of the fence, or a single strand electric fence may be used to prevent wild coyotes and fox from entering the enclosure.
c. The fence material shall be of sufficient design and strength to prevent captive coyote and fox from escape or wild coyote or fox from entering the enclosure.
d. A corridor at least 4 feet wide shall be maintained on the inside or outside of the perimeter fence to allow for easy access and inspection of the fence by the owner or operator and the department by use of an ATV or other vehicle. The corridor does not need to be located immediately adjacent to the fence but shall be close enough to the fence to allow easy access to and visual inspection of the fence.
e. Existing enclosures in operation and used under a hound dog training license on or before October 1, 2006 are exempt from subd. 1. b. until the perimeter fence is replaced.
2. Rabbits.
a. Perimeter fences used to confine rabbits within a hound dog training enclosure shall be a minimum of 5 feet in height, including any part of the fence that is buried, or bent inward or outward at the bottom of the fence.
b. The fence material shall be of sufficient design and strength to prevent captive rabbits from escape or wild rabbits from entering the enclosure.
c. A corridor at least 4 feet wide shall be maintained on the inside or outside of the perimeter fence to allow for easy access and inspection of the fence by the owner or operator and the department by use of an ATV or other vehicle. The corridor does not need to be located immediately adjacent to the fence but shall be close enough to the fence to allow easy access to and visual inspection of the fence.
3. Exceptions. The use of materials or specifications, other than those specified in this paragraph may be permitted by the department if the materials or specifications are found by the department to exceed minimum specifications and the fence is sufficient to hold the coyote, fox or rabbit.

Note: The department recommends approval of fence plans prior to construction to assure that the fence meets the requirements in s. NR 17.045(3) (f). To obtain approval of plans, contact the local conservation warden or wildlife biologist. To find the conservation warden for a given county, contact your local DNR service center.

(g)Gates. All gates shall remain closed and secured to prevent escape of captive animals and unauthorized access and opening of the gates, except when authorized persons, dogs or equipment are traveling through the gate.
(h)Refuge areas.
1. No person may molest, harass or chase a captive coyote or fox utilizing a refuge area.
2. Coyote and fox. Captive animal refuge areas shall be available or provided for coyote and fox at a rate of not less than one area for each captive animal within the enclosure and not less than one per full 15 acres. Each refuge area shall be readily available to any coyote or fox held inside the hound dog training enclosure and may not be located immediately adjacent to any other refuge area. All minimum required captive animal refuge areas shall be evenly distributed throughout the enclosure.
3. Rabbits. Sufficient barrier areas shall be provided for rabbits held within an enclosure to provide refuge and escape areas for all of the rabbits held within the enclosure.
(i)Density of captive animals. No less than 2 coyote or fox may be present in a hound dog training enclosure, and no more than 2 coyote or fox may be present per each full 15 acres in a hound dog training enclosure.
(4) DISEASE PREVENTION. At the time of inspection, the department may require specific health management procedures as deemed necessary, including mandatory disease investigation, testing and disease reporting. The department will contact the owner or operator if additional health management procedures are deemed necessary after a permit is issued. In addition, the enclosure owner or operator shall agree to all of the following:
(a)Fees.
1. Inspection or treatment by a licensed veterinarian or both when required shall be at the sole expense of the owner or operator of the hound dog training enclosure.
2. In the event of disease outbreaks, costs associated with the testing, depopulating, cleaning and disinfecting the enclosure shall be the sole expense of the owner or operator of the hound dog training enclosure.
(b)Release of diseased animals. The owner or operator may not release or permit the release into a hound dog training enclosure of any wild animals or dogs that are diseased or have been exposed to diseased animals.
(c)Testing. The department may conduct disease testing and take samples of any species of wildlife within the hound dog training enclosure.
(d)Permit suspension. The department may suspend a hound dog training enclosure permit and the operation of any hound dog training enclosure or prohibit by verbal or written notice the release of any coyote, fox, or rabbit into any hound dog training enclosure when the department deems it necessary to prevent the threat or presence of wildlife diseases which may pose a threat to native wildlife populations, domestic livestock or public safety.
(5) ADDITIONAL PROVISIONS.
(a)Age. All captive coyote and fox released into a hound dog training enclosure shall be at least 9 months of age.
(b)Marking. Coyote and fox may not be released into a hound dog training enclosure unless first individually tagged, tattooed or otherwise permanently marked with a unique individual animal identification number which is recorded in the records required to be kept under s. NR 17.11(2) (d).
(c)Reproduction. When more than one coyote or fox is released into a hound dog training enclosure, all additional animals of the same species that are of a different sex shall be spayed or neutered by a licensed veterinarian prior to release into the hound dog training enclosure.

Note: Breeding or propagating of captive wild animals is not authorized under a hound dog training, dog trial or dog club training license. However, the unintentional breeding of rabbits within in a hound dog training enclosure is not a violation of this section.

(d)Surgical modifications. Any physical modifications, including the docking of tails, done to a coyote or fox shall be done by a licensed veterinarian. The hound dog training enclosure permittee shall maintain written documentation of veterinary involvement in any physical modification done to a coyote or fox.
(e)Veterinarian of record. The applicant of any hound dog training enclosure permit shall provide the department with a written statement, by a Wisconsin certified veterinarian, which certifies that the veterinarian is the training enclosure veterinarian, having established a valid veterinarian-client relationship with the applicant.
(6) DOGS.
(a)Licensing. Any person that releases a dog or dogs into a hound dog training enclosure shall keep on the dog or have present at the enclosure any tag required for the dog under s. 95.21(2) (f), 174.05, 174.053 or 174.07(1), Stats.
(b)Number of dogs. No person may place or allow the placement of more than 3 dogs into any coyote or fox hound dog training enclosure for each coyote or fox that is present in the enclosure.
(c)Age. No dogs less than 5 months of age are permitted in hound dog training enclosures that contain coyote or fox.
(7) REVOCATION. If the owner or operator of a hound dog training enclosure has their hound dog training license or enclosure permit revoked or fails to renew their hound dog training license for any reason, the owner or operator of the enclosure shall remove all coyotes, foxes or rabbits as directed by the department.
(8) COMPLIANCE AND ENFORCEMENT.
(a)Existing enclosures.
1. Except as provided in subd. 2., all hound dog training enclosures for coyote and fox operating under the authority of a hound dog training or dog club training license prior to July 1, 2007, shall comply with all provisions in this section.
2. Hound dog training enclosures for fox and coyote operating under the authority of a hound dog training or dog club training license prior to July 1, 2007, and that are at least 60 acres, but less than 75 acres, shall comply with all provisions in this section except the acreage requirement under sub. (3) (e).
3. Not withstanding subd. 2., if the holder of the hound dog training enclosure permit fails to renew the permit within 45 days after the permit's expiration date, the permit may not be renewed unless the applicant complies with the acreage requirement under sub. (3) (e).
4. Animals existing in the enclosure shall be considered captive if possessed under a hound dog or dog club training license prior to July 1, 2007. Owners or operators of enclosures with animals described in this subdivision shall comply with sub. (5) by December 31, 2007.
(b)New enclosures. All individuals who were not operating a hound dog training enclosure under the authority of a hound dog training or dog club training license prior to July 1, 2007, shall comply with this section.
(c)Enforcement. Owners or operators of hound dog training enclosures that have applied for a permit under sub. (1) (b) by December 31, 2007 that do not meet the minimum structural or design requirements under this section shall bring their enclosures into compliance by December 31, 2008.

Wis. Admin. Code Department of Natural Resources NR 17.045

CR 05-104: cr. Register June 2007 No. 618, eff. 7-1-07.