Scientific collector permits and scientific research licenses

Scientific collector permits and scientific research licenses. (1) Definitions. For the purposes of implementing ss. 29.614 and 169.25 , Stats., and within this section, the following definitions apply: (b) “Bona fide program” means planned study and investigation undertaken to discover or establish facts or principles leading to increased and useful scientific knowledge. (bg) “Increased scientific knowledge” means data or information which is produced through research which has not previously been undertaken or which substantially contributes to existing research or knowledge. (br) “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. (c) “Useful scientific knowledge” means data or information which: 1. Is produced for the primary purpose of contributing to the understanding of the health, vitality, and well-being of wild animal populations and their habitats. 2. Is produced for the primary purpose of fulfilling clearly identified learning objectives and planned outcomes connected with a formal classroom curriculum or an internship, externship, or other research opportunity for which: a. The primary purpose of the research is to enhance each participating student’s knowledge of and experience in natural resources conservation or management. b. Each participating student receives credit. c. The permittee or licensee is acting in their official capacity as an educator at an accredited secondary or postsecondary educational institution. (2) Applicability. (a) Permits and licenses not required. A scientific collector permit or scientific research license is not required for the collection of wild plants taken legally, unprotected wild animals taken legally, or wild animals obtained from licensed game farms or fish hatcheries. (b) Bird banding. A scientific research license is required for trapping and banding protected nonmigratory birds. (c) Licenses. A person is not required to possess a separate hunting, fishing, or trapping license while acting under a scientific collector permit or scientific research license. (d) Endangered species. Endangered or threatened wild animals may be collected or possessed only under authority of an endangered species permit issued by the department pursuant to s. 29.604 , Stats., and ch. NR 27 . (e) Tagging of fish. A scientific collector permit is required to capture a wild fish, attach or implant a tag to or in 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 and license applications. (a) Forms. Applications for a scientific collector permit or a scientific research licenses shall be made on application forms provided by the department and include the following information: 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. Applications for a scientific collector permit, or a scientific research license for the purposes of fish research shall be accompanied by a written proposal stating the following: 1. The research objectives, including how the research will lead to increased and useful scientific knowledge. 2. The research design, including: a. The study area. b. The duration of the research. c. The time and place of the research, including any collections. d. Procedures and equipment to be utilized in the collection and, in the case of live wild animals, handling, sampling, processing, transport, and confinement, as applicable. e. Analytical methods to be used. 3. The justifications for the use of wild animals, including the benefits anticipated to result from the research, and a statement explaining why the research is not duplicative of previous research. (c) Institutional animal care and use protocol. 1. An application for a scientific collector permit or scientific research license shall include an approved and current Institutional Animal Care and Use Protocol specific to live wild animals that the department determines meets the following requirements: a. The protocol is applicable to the proposed research that is the subject of the scientific collector permit or scientific research license application. b. The protocol meets the requirements of 9 CFR 2.31 , as applied to the specific live wild animals to be used and the settings in and procedures by which such animals will be handled, sampled, processed, transported, confined, and euthanized. c. The principal investigator identified in the protocol shall be the same as the scientific collector permit or scientific research license applicant. 2. An Institutional Animal Care and Use Protocol submitted as part of an application for a scientific collector permit or scientific research license may be reviewed by the department’s Institutional Animal Care and Use Committee. If the Institutional Animal Care and Use Committee determines that the protocol is incomplete, lacking in detail, or fails to conform with the Institutional Animal Care and Use Committee’s standards for the care and use of live wild animals, the department may request revisions or additional information as a prerequisite to completing its review of the permit or license application. 3. An applicant for a scientific collector permit or scientific research license may request approval of an institutional animal care and use protocol by the department’s Institutional Animal Care and Use Committee if the applicant is not affiliated with an entity that has an Institutional Animal Care and Use Committee of its own or in the event that the department deems the Institutional Animal Care and Use Protocol that was submitted as a part of the application to be incomplete or inadequate. (d) Education. An application for a scientific collector permit or scientific research license submitted in connection with an educational opportunity as described in sub. (1) (c) 2. shall include a statement or other evidence that details all of the following: 1. The clear learning objectives for and planned outcomes of the research. 2. A description of how the research relates to the goals of the course curriculum, internship, externship, or other educational opportunity. (e) Department determination. Prior to making a final determination, the department may advise applicants regarding deficiencies or inaccuracies, including those related to the application, research design, animal care and use protocols, and learning objectives. The department may allow amendments of the application to resolve deficiencies or inaccuracies prior to a final review. The department shall issue a scientific collector permit or scientific research license only if the department determines that all of the requirements of this section and the following have been met: 1. The application contains all required information. 2. The applicant is involved in research that will lead to both increased and useful scientific information. 3. The research conforms to all applicable federal and state laws concerning humane treatment and the welfare of animals. 4. The department determines that the proposed use of any live wild animals is justified. A proposal is justified if the department determines that the proposed use of live wild animals outweighs any risk to any individual animal, species, ecological community, human, or ecosystems of the state. (4) Permit and license issuance. (a) Issuance. Permits and licenses shall be issued in the name of the applicant. All agents of the permittee or licensee assisting in the permitted collections shall be listed on the permit. Separate copies of permits or licenses shall be signed and carried by each person named in the permit or license when that person is acting under it in the absence of the permittee or licensee. (b) Specimen materials. A scientific collector permit or scientific research license shall 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 for scientific or educational purposes. Private collections to be kept in a manner not open to the public may not be approved. (c) Conditions. 1. ‘Contents.’ Permits and licenses shall contain conditions deemed necessary by the department to protect the resources of the state and assure use of specimens taken are in compliance with ss. 29.011 , 29.614 , and 169.25 , Stats., and other applicable state and federal laws. 2. ‘Nonresidents.’ Permits and licenses issued to nonresidents shall set forth conditions of removal of specimens from the state. 3. ‘Federal permits.’ a. Permits and licenses 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 or U.S. geological survey for that activity or the applicant supplies proof that such a permit is not required.