Section NR 80.03 - ExemptionsThe following exemptions shall apply only if adequate safety precautions for the protection of wild animals are followed in each case.
(1) Pesticide usage which does not involve use as defined in s. NR 80.01(9) is exempt from the provisions of this chapter.(2) The control of rats, mice and bats with pesticides including limited use pesticides, in and around human habitations, farm buildings, warehouses, storage facilities, including open storage areas, shipping facilities, solid waste disposal sites, sewers, orchards and other areas where rats, mice and bats constitute a sanitation, agricultural or public health nuisance are exempt from the provisions of this chapter providing that: (a) The pesticides employed are registered by the department of agriculture, trade and consumer protection under s. 94.68, Stats., and are used strictly according to label directions and in accordance with ch. ATCP 29.(b) The carcasses of animals destroyed under this section shall, whenever possible, be disposed of in such a manner that wildlife and domestic animals will not have access to such carcasses.(3) Persons employed by the state of Wisconsin department of natural resources, department of agriculture, trade and consumer protection and the department of health services in performance of their duties are exempt from the permit requirement of this chapter.(4) Seed treatments using the limited use pesticides heptachlor, aldrin, dieldrin and lindane are exempt from the provisions of this chapter.(5) Lindane (gamma isomer of benzene hexachloride) is exempt from the provisions of this chapter when used according to the following registered uses: (a) Mange and lice treatment of beef, swine, goats (except dairy goats), sheep and pets according to registered use pattern dosage, and precautionary measures.(b) Yard and noncommercial garden ornamentals.(6) Treatments made with lindane or BHC at a rate not to exceed 1/4 pound per acre for the control of white pine weevil (tip weevil), pine root collar, weevil or balsam gall midge are exempt from the provisions of this chapter except such treatments may not be made in the immediate vicinity of waters of the state where the material might be introduced into the water.(7) Pesticides used by the department of health services or official public health agencies acting under their direction for the prevention and control of disease or by physicians in the treatment of patients are exempt from this chapter.(8) Dipping of tree roots in pesticide preliminary to tree planting or the application of pesticides at or below the surface of the ground as trees are planted by a tree planting machine or in planting ornamentals are exempt from the provisions of this chapter.(9) The pressure treatment of lumber and wood products with chromium for protection against termites and decay producing fungi is exempt from the provisions of this chapter.(10) Treatments made for aquatic nuisance control in waters of the state pursuant to s. 281.17(2), Stats., that are for the control of weeds, algae or swimmers' itch done under the direct supervision of the department or by permit issued by them are exempt from the provisions of this chapter.(11) Pesticides used under the direct supervision of the department in fish management work pursuant to provisions of ss. 29.421 and 29.424, Stats., in waters of the state are exempt from the provisions of this chapter.(12) Limited use pesticides used by or under the supervision of a higher education institution for research purposes outdoors is exempt except as provided in ch. NR 107 (permit for use of pesticides in water) and s. 94.709, Stats., (prohibits use of DDT) from the provisions of this chapter provided that the area of each treatment does not exceed 1/4 acre (including all replicates).(13) Usage of tributyltin compounds/organotin derivatives that strictly adheres to label directions is exempt from the provisions of this chapter if: (a) Usage does not involve addition to waters of the state or to structures in contact with waters of the state, or(b) Usage in an antifoulant paint will result in a short term cumulative release of no more than 168 micrograms organotin per square centimeter for the first 14 days or an average daily release rate of no more than 4 micrograms organotin per square centimeter per day; and the antifoulant paint is used on a boat at least 65 feet in length or on a boat, boat part, or boat accessory made of aluminum.Wis. Admin. Code Department of Natural Resources NR 80.03
Cr. Register, June, 1976, No. 246, eff. 7-1-76; cr. (13), Register, April, 1988, No. 388, eff. 10-1-88; corrections in (2) (a) made under s. 13.93(2m) (b) 7, Stats., Register, February, 1996, No. 482; corrections in (1), (2) (a), (3), (7), (10) to (12) made under s. 13.93(2m) (b) 6 and 7., Stats., Register, April, 2000, No. 532; corrections in (3) and (7) made under s. 13.92(4) (b) 6, Stats., Register February 2012 No. 674.