Wisteria sinensis (Chinese wisteria)
Dikerogammarus villosus (Killer shrimp)
Limnoperna fortunei (Golden Mussel)
Melanoides tuberculata (Malaysian trumpet snail)
Dendroctonus ponderosae (Mountain pine beetle)
Geosmithia morbida (Thousand cankers disease of walnut)
Pityophthorus juglandis (Walnut twig beetle)
Myocastor coypus (Nutria)Sections 6 and 45 clarify that certain invasive plants are listed under both the prohibited and restricted categories in ch. NR 40. These plant species are sometimes called split listed plants. Split listed plants are currently isolated to a specific region in the state but if introduced into other parts of the state are likely to survive and spread, potentially causing significant environmental or economic harm or harm to human health. These plants are regulated as restricted in the counties listed that have known populations and are prohibited elsewhere in the state. Sections 9, 11, 14, 18, 20, 22, 24 and 30 update the list of county exceptions for split listed plants in the NR 40 Prohibited Category. Species are restricted in the listed counties and are prohibited elsewhere.
Anthriscus sylvestris (Wild chervil) except in Adams, Barron, Chippewa, Crawford, Columbia, Dane, Dodge, Dunn, Fond du Lac, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, Lacrosse, Lafayette, Marquette, Milwaukee, Monroe, Ozaukee, Polk, Racine, Richland, Rock, Sauk, Sheboygan, Taylor, Vernon, and Walworth, Waukesha, and Washington counties
Bunias orientalis (Hill mustard) except in Dane, Grant, Green and, Iowa, Lafayette, and Rock counties
Cirsium palustre (European marsh thistle) except in Ashland, Bayfield, Chippewa, Clark, Door, Florence, Forest, Iron, Langlade, Lincoln, Marathon, Marinette, Menominee, Oconto, Oneida, Price, Rusk, Sawyer, Shawano, Taylor and Vilas counties
Conium maculatum (Poison hemlock) except in Crawford, Dane, Grant, Green, Iowa, Jefferson, Kenosha, Lafayette, Milwaukee, Ozaukee, Racine, Richland, Rock, and Sauk, Sheboygan, Walworth, and Waukesha counties
Epilobium hirsutum (Hairy willow herb) except in Brown, Calumet, Door, Kenosha , Kewaunee, and Manitowoc county counties
Glyceria maxima (Tall or reed mannagrass) except in Brown, Calumet, Columbia, Dane, Dodge, Door, Fond du Lac, Green, Jefferson, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, Walworth, Washington, Waukesha and Winnebago counties
Humulus japonicus (Japanese hops) except in Buffalo, Crawford, Dane, Grant, Green, Iowa, Jackson, La Crosse, Lafayette, Monroe, Pepin, Richland, Sauk, Trempealeau, and Vernon counties
Leymus arenarius or Elymus arenarius (Lyme grass or sand ryegrass) except in Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, and Sheboygan counties
Lonicera maackii (Amur honeysuckle) except in Adams, Brown, Buffalo, Calumet, Columbia, Crawford, Dane, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, Kewaunee, La Crosse, Lafayette, Manitowoc, Marquette, Milwaukee, Monroe, Outagamie, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Vernon, Walworth, Washington, Waukesha, Waupaca, Waushara and Winnebago counties
Torilis japonica (Japanese hedgeparsley or erect hedgeparsley) in Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Florence, Forest, Iron, Jackson, Lincoln, Oneida, Pepin, Pierce, Polk, Price, Rusk, St. Croix, Sawyer, Trempeleau, Taylor, Washburn, and Wood except in Adams, Brown, Calumet, Columbia, Crawford, Dane, Dodge, Door, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, Kewaunee, La Crosse, Lafayette, Langlade, Manitowoc, Marathon, Marinette, Marquette, Menominee, Milwaukee, Monroe, Oconto, Outagamie, Ozaukee, Portage, Racine, Richland, Rock, Sauk, Shawano, Sheboygan, Vernon, Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago countiesSections 13 and 36 remove the following species from the NR 40 Prohibited Category.
Chelidonium majus (Celandine), a split listed plant, is proposed to be listed in the Restricted Category statewide.
Agrilus planipennis (Emerald ash borer) is proposed to be moved from the Prohibited Category to the Restricted Category.
Amynthas or Amynthus species (Crazy worm) are proposed to be moved from the Prohibited Category to the Restricted Category.
Cryptococcus fagisuga (Scale associated with beech bark disease) is proposed for delisting from both of Wisconsin’s regulated invasive species lists.Sections 16, 26, 27, 28, and 38 revise scientific and common names in the NR 40 Prohibited Category to include accepted synonyms. Giant knotweed is renumbered to maintain alphabetical order.
Dioscorea oppositifolia (Chinese Indian yam)
Egeria densa (Brazilian waterweed or wide-leaf anacharis)
Polygonum perfoliatum or Persicaria perfoliata (Mile−a−minute vine)
Fallopia sachalinensis or Polygonum sachalinense (Giant knotweed)
Pueraria montana or P. lobata (Kudzu)
Geomyces Pseudogymnoascus destructans (white-nose syndrome fungal pathogen)Sections 25, 43 and 62 revise the regulated category of Phragmites australis (Phragmites or Common reed) to both the NR 40 Prohibited and Restricted Categories. And replicated the NR 40 Restricted Category exemption for use in a wastewater treatment facility authorized by a WPDES permit under ch. 283, Stats. in the NR 40 Prohibited Category. The species is restricted in the listed counties and are prohibited elsewhere: Brown, Calumet, Columbia, Dane, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Jefferson, Kenosha, Kewaunee, Langlade, Manitowoc, Marathon, Marinette, Marquette, Menominee, Milwaukee, Oconto, Outagamie, Ozaukee, Portage, Racine, Rock, Shawano, Sheboygan, Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago counties. Sections 33 and 34 simplify the rule language and facilitate compliance by removing the list of nonviable fish species the department has determined to date and by referencing the definition of nonviable. The department has a definition of nonviable and a protocol for determining if a fish is nonviable.
Sections 35 and 67 adds viable genetically modified (GM) native and nonnative fish species to the list of restricted species and exempts all GM fish from the prohibited category. GM fish are available for sale or may soon be available for aquaculture. Potential GM alterations, such as increased rate of growth, substantially alter how these organisms interact with the environment. The invasive species rule defines what it means to be genetically modified but does not differentiate GM fish from their parent species. Given that the risk they pose may differ, a mechanism to evaluate them separately is needed. These proposed revisions would allow for the continued sale of nonviable genetically modified aquarium fish such as the “GloFish™”.
Sections 38 and 71 clarify that the exemption for pets only applies to pets obtained prior to their being listed as prohibited and restricted and the exemption would not allow for possession of offspring covered under the exemption to be transferred, except as a gift for restricted species only.
Sections 39 and 72 remove the unnecessary note defining “wild animal” as it is already defined in NR 40.02 of this chapter.
Sections 40, 41, 73, and 74 clarify that the transport, possession, transfer, or introduction of forest pests under quarantine is allowed within quarantine zones. Both prohibited and restricted forest pests may be subject to quarantines zones. If a quarantine is in effect, the intent of the invasive species rule in restricting the movement of invasive species has been met. Revisions specify that if movement of regulated materials such as untreated wood is taking place within a quarantine zone then the invasive species rule does not apply.
Sections 42 and 80 update the list of DNR reporting and permitting contacts to a single “Statewide Invasive Species Coordinator, SS/7” in Wisconsin’s regulated invasive species rule to simplify the reporting and permitting process and to enable the department to issue and monitor permits and reports statewide.
Sections 43 and 79 create an exemption for the department staff to transport, possess, transfer, or introduce a regulated invasive plant, in the performance of their official duties.
Sections 44, 75, 76, and 77 remove reporting requirement for restricted aquatic plants, algae and cyanobacteria and would allow the use of any restricted aquatic/wetland plants for identification, education, control or disposal without a permit.
Sections 46 and 68 renumber the initial species listed in the NR 40 Restricted Category to maintain alphabetical order
Sections 47, 49, 51, 53, 55, 57, 59, 61, 63, 65, 67 and 69 add new species to the NR 40 Restricted Category. The below species proposed for addition to the restricted category are invasive species that the department has determined are already established in the state or in that region of the state where the species are listed as restricted in s. NR 40.05 (2) and that causes or has the potential to cause economic or environmental harm or harm to human health, and for which statewide or regional eradication or containment may not be feasible. Plants proposed for addition to the restricted list will have the rule’s effective date listed in a note, added by the Legislative Reference Bureau when the rule is published. Restricted plants not also listed as prohibited under s. NR 40.04 (2) (b) and located in Wisconsin prior to the date the species is listed in NR 40.05 (2) may be transported, transferred, and introduced without a permit for a period not to exceed 3 years for herbaceous plants and woody vines, or 5 years for trees and shrubs, from the time that the species were included for listing by the department under this chapter.
Acer tataricum subsp. ginnala (Amur maple) except all cultivars
Aegopodium podagraria (Bishop's goutweed)
Alnus glutinosa (Black alder) except all cultivars and hybrids
Artemisia absinthium (Wormwood)
Berberis thunbergii (Japanese barberry). This restriction only applies to the parent type, the variety atropurpurea, the hybrid of B. thunbergii x B. Koreana, and the following cultivars. Berberis thunbergii cultivars: Sparkle, ‘Anderson’ Lustre Green™, Erecta, ‘Bailgreen’ Jade Carousel®, Angel Wings, Painter’s Palette, Inermis (‘Thornless’), Pow Wow, Golden Ring, Kelleriis, Kobold, ‘JN Variegated’ Stardust™ and Antares. Variety atropurpurea cultivars: Marshall Upright (‘Erecta’), Crimson Velvet, ‘Bailtwo’ Burgundy Carousel®, Red Rocket, ‘Monomb’ Cherry Bomb™, ‘Bailone’ Ruby Carousel®, JN Redleaf, Rose Glow and Silver Mile. Hybrid of B. thunbergii x B. koreana cultivars: Tara and ‘Bailsel’ Golden Carousel®.
Caragana arborescens (Siberian peashrub) except the cultivars Lorbergii, Pendula, and Walkerii
Centaurea jacea (Brown knapweed)
Centaurea nigra (Black knapweed)
Centaurea nigrescens (Tyrol knapweed)
Coronilla varia (Crown vetch)
Euonymus alatus (Burning bush) including the cultivar ‘Nordine’ and excluding all other cultivars
Filipendula ulmaria (Queen of the meadow)
Galium mollugo (White bedstraw)
Impatiens balfourii (Balfour's touch-me-not)
Iris pseudacorus (Yellow iris)
Knautia arvensis (Field scabiosa)
Linaria dalmatica (Dalmation toadflax) in Juneau and Bayfield counties
Lysimachia nummelaria (Moneywort) except the cultivar Aurea and yellow and gold leaf forms
Lysimachia vulgaris (Garden yellow loosestrife)
Morus alba (White mulberry) except male cultivars
Myosotis scorpioides (Aquatic forget-me-not)
Myosotis sylvaticum (Woodland forget-me-not)
Najas marina (Spiny naiad)
Phalaris arundinacea var. picta (ribbon grass or gardener’s garters) and other ornamental variegated varieties and cultivars. This restriction only applies to the ornamental variegated varieties and cultivars of Phalaris arundinacea and does not include the parent type reed canary grass.
Pimpinella saxifraga (Scarlet pimpernel)
Populus alba (White poplar)
Robinia hispida (Rose acacia)
Robinia pseudoacacia (Black locust) except all cultivars
Solidago sempervirens (Seaside goldenrod) in Kenosha, Milwaukee and Racine counties
Ulmus pumila (Siberian elm) except hybrids and individuals used as rootstock
Valeriana officinalis (Garden heliotrope)
