NR 40.04 Note
Note: These terrestrial invertebrates and plant disease-causing microorganisms are also regulated by the department under s.
NR 45.04 and by DATCP under ch.
ATCP 21 and ch.
94, Stats.
NR 40.04 Note
Note: For species that are both listed under ch.
NR 40 and quarantined at the federal and/or the state level, the department determines that “reasonable precautions" allow for the incidental possession, transport, transfer, or introduction of a prohibited or restricted organism
within the boundaries of a federal or state quarantine for that organism.
NR 40.04(2)(f)
(f) Terrestrial and aquatic vertebrates except fish. The following terrestrial and aquatic vertebrate invasive species are prohibited:
NR 40.04(2)(g)
(g) Fungi. The following fungus invasive species are prohibited:
NR 40.04(2)(g)1.
1. Pseudogymnoascus destructans (White-nose syndrome fungal pathogen)
NR 40.04(3)
(3)
Actions prohibited by this classification; exemptions. NR 40.04(3)(a)(a) Except as otherwise provided in pars.
(b) to
(i), no person may transport, possess, transfer, or introduce a prohibited invasive species identified or listed under sub.
(2).
NR 40.04(3)(b)
(b) Paragraph
(a) does not apply to a person who transports, possesses, transfers or introduces a prohibited invasive species identified or listed under sub.
(2) if the department determines that the transportation, possession, transfer or introduction was incidental or unknowing, and was not due to the person's failure to take reasonable precautions.
NR 40.04 Note
Note: Paragraph (b) does not apply to preventive measures set out in s.
NR 40.07.
NR 40.04(3)(c)
(c) If authorized by a permit issued by the department under this chapter, a person may transport, possess, transfer or introduce a prohibited invasive species for research, public display, or, if the species is not a fish or crayfish, for other purposes specified by the department in the permit.
NR 40.04(3)(d)
(d) A legally obtained nonnative wild animal that is a pet may be possessed, transported or transferred without a permit issued by the department under this chapte
r if obtained prior to and located in the State of Wisconsin on the date the species is listed as prohibited under this section, but may not be introduced. The offspring of pets possessed under this paragraph may not be transferred.
NR 40.04(3)(e)
(e) Paragraph
(a) does not apply to a person who transports, possesses, transfers,
or
introduces
a
terrestrial
invertebrate
or
plant disease-causing
microo
rganism that is regulated under a quarantine imposed by D
ATCP under s.
94.01, Stats., or a United States Department
of Agriculture Animal and Plant Health Inspection Service quarantine area declared under
7 USC section 7714 or
7715 if any of the following apply:
NR 40.04(3)(e)1.
1. The
person
is
in
compliance
with
a
D
ATCP-USDA
APHIS compliance
agreement applicable to the terrestrial invertebrate
or plant disease-causing microo
rganism.
NR 40.04(3)(e)2.
2. The transport, possession, transfer or introduction takes place entirely within the quarantine applicable to the terrestrial invertebrate or plant disease-causing microorganism.
NR 40.04(3)(f)
(f) Paragraph
(a) does not apply to a person who has a permit issued by DATCP under s.
ATCP 21.04 for importation, movement, distribution or release of a pest or biological control agent that is a prohibited invasive species identified or listed under sub.
(2).
NR 40.04(3)(g)
(g) A person may transport, possess or give away a prohibited invasive species for the purpose of identification or disposal without a permit issued by the department under this chapter, if the person reports the location of origin of the prohibited invasive species to the department and no individual specimens or propagules are allowed to escape or be introduced. Reports shall be submitted within 30 days of the person taking possession and shall include contact and property owner information, type and detailed location of the species, the purpose for transporting, possessing or giving away the invasive species, and the final disposition of the invasive species. This paragraph does not apply to terrestrial and aquatic vertebrates or fish species.
NR 40.04 Note
Note: Paragraph (g) does not apply to transport of identified carriers of invasive species as described in s.
NR 40.07 (5) (a).
NR 40.04 Note
Note: Reports for invasive species may be sent to:
NR 40.04 Note
Attn: Statewide Invasive Species Coordinator, SS/7
Wisconsin Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921
NR 40.04(3)(h)1.
1. A person who holds a scientific collector permit for the invasive species under s.
29.614, Stats.
NR 40.04(3)(h)2.
2. A person who, while lawfully fishing, inadvertently catches a fish invasive species.
NR 40.04(3)(h)3.
3. Employees or duly authorized agents of the department in the performance of their official duties.
NR 40.04 Note
Note: Section
NR 20.20 (73) (c) 1. sets a bag limit of 0 for nonindigenous detrimental fish, but allows one such fish to be taken by hook and line if it is killed immediately and delivered immediately to a department service center or regional office. All nonindigenous fish species are declared under s.
NR 20.38 (6) to be detrimental fish if the fish were imported without a permit in violation of s.
29.735, Stats., or are found in any water where their presence is not specifically permitted by the department.
NR 40.04(3)(i)
(i) Paragraph
(a) does not apply to phragmites associated with a reed bed treatment unit used in a wastewater treatment facility authorized by a WPDES permit under ch.
283, Stats.
NR 40.04(3m)
(3m)
Early detection monitoring. Unless entry is otherwise authorized by law, as part of an invasive species early detection program, the department or its designee may enter property where a cave or mine may be located to monitor, survey or inspect for the presence of the prohibited invasive fungus species
Geomyces destructans (white-nose syndrome fungal pathogen) in the cave or mine, with permission of the person who owns, controls or manages the property, but if the person does not grant permission or cannot be located by the department after making reasonable effort, the department may seek an inspection warrant under s.
66.0119, Stats., from the appropriate circuit court authorizing entry. Data obtained by the department under this subsection shall be made available to the person who owns, controls or manages the property.
NR 40.04(4)(a)(a) Unless entry is otherwise authorized by law, if the department has reason to believe that a prohibited species is present, the department or its designee may enter property to inspect for, survey or control prohibited species with permission of the person who owns, controls or manages the property, but if the person does not grant permission or cannot be located by the department after making reasonable effort, the department may seek an inspection warrant from the appropriate circuit court authorizing entry.
NR 40.04(4)(b)
(b) The department may ask any person who owns, controls or manages property where a prohibited species is present to control the prohibited species in accordance with a plan approved by the department. The department will seek funds to assist in the control of prohibited species. However, a person who owns, controls or manages property where a prohibited species is present is responsible for controlling the prohibited species that exists on the property.
NR 40.04 Note
Note: The department anticipates it will request control of a prohibited invasive species only if it is feasible and reasonable to control the prohibited species on the property.
NR 40.04(4)(c)
(c) If voluntary cooperation is not achievable or likely, and it is feasible and reasonable to control the prohibited species on the property, the department or its designee may control the prohibited species or it may offer the person the opportunity to negotiate the terms of a consent order for control purposes.
NR 40.04(4)(d)
(d) If a consent order is not achievable or likely, the department may issue a unilateral order requiring that the person who owns, controls or manages the property control the prohibited species in accordance with a plan approved by the department unless the department determines that the prohibited species is present through no fault of the person. If the department determines that the prohibited species is present through no fault of the person, the department or its designee may control the prohibited species.
NR 40.04(4)(e)
(e) If the person does not control the prohibited species upon order of the department, the department or its designee may control the prohibited species and the department may recover the reasonable and necessary expenses it incurs.
NR 40.04(4)(f)
(f) The department may remove, or cause to be removed any detrimental fish or other prohibited invasive species from waters of the state.
NR 40.04 Note
Note: All nonindigenous fish species are declared under s.
NR 20.38 (6) to be detrimental fish if the fish were imported without a permit in violation of s.
29.735, Stats., or are found in any water where their presence is not specifically permitted by the department.
NR 40.04 Note
Note: Persons finding any prohibited species are encouraged to report the species and its location to the department.
NR 40.04 History
History: CR 08-074: cr.
Register August 2009 No. 644, eff. 9-1-09;
CR 10-016: am. (2) (b) 6., 7., 8., 14., 24., 36., 38., r. and recr. (2) (c)
Register August 2010 No. 656, eff. 9-1-10;
EmR1039: emerg. cr. (3m), eff. 11-3-10;
CR 10-123: cr. (3m)
Register May 2011 No. 665, eff. 6-1-11;
EmR1036: emerg. cr. (2) (g), eff. 9-29-10;
CR 10-115: cr. (2) (g)
Register May 2011 No. 665, eff. 6-1-11;
CR 14-034: renum. (2) (a) 1. to 1r., cr. (2) (a) 1g., am. (2) (b) (intro.), renum. (2) (b) 1. to 1s., cr. (2) (b) 1e., 1m., am. (2) (b) 2., cr. (2) (b) 2e., 2m., 2s., am. (2) (b) 3., cr. (2) (b) 4g., 4n., 4r., 4w., r. (2) (b) 6., am. (2) (b) 7., 8., cr. (2) (b) 10g., 10r., am. (2) (b) 11., 12., cr. (2) (b) 12g., 12r., am. (2) (b) 13., cr. (2) (b) 13e., 13s., am. (2) (b) 14., 16., cr. (2) (b) 18d., 18h., 18p., 18t., am. (2) (b) 22., cr. (2) (b) 22g., 22r., am. (2) (b) 24., cr. (2) (b) 24m., 27m., 28e., 28m., 28s., 29d., 29h., 29p., 29t., am. (2) (b) 30., renum. (2) (b) 31. to 13m. and am., am. (2) (b) 32., cr. (2) (b) 33g., 33r., 34b., 34f., 34k., 34p., 34s., 34w., 34y., am. (2) (b) 36., cr. (2) (b) 37e., 37m., 37s., 40., 41., r. (2) (c) 4., 5., am. (2) (c) 12. d., cr. (2) (c) 12. e., (d) 5m., 8g., 8r., r. (2) (e) 2., 3., 5., cr. (2) (e) 5e., 5m., 8., (f) 1m., am. (2) (g) 1., (3) (a), (d
), renum. (3) (e) to (3) (e) (intro.) and am., cr. (3) (e) 1., 2., cr. (3) (h) 3., (i), am. (4) (f)
Register April 2015 No. 712, eff. 5-1-15; correction in (2) (b) 1m., 13e., 27., 29p., (d) 8g., (g) 1., (3) (e) 1. made under s.
35.17, Stats.,
Register April 2015 No. 712.
NR 40.045
NR 40.045 Emergency additions to prohibited category. NR 40.045(1)(1)
The department may temporarily identify an additional species as an invasive species and may classify it into the prohibited category of s.
NR 40.04 (2) if the secretary determines that all of the following are met:
NR 40.045(1)(c)
(c) An emergency exists, making it necessary for the preservation of public peace, health, safety or welfare, or the environment, to require the immediate identification and classification of the species as a prohibited invasive species under this chapter prior to the time it would take effect if the department complied with the procedures for permanent rulemaking under ch.
227, Stats.
NR 40.045(2)
(2) Department action under sub.
(1) shall become effective upon issuance of an emergency order by the secretary and publication of a notice of the emergency order in the official state newspaper.
NR 40.045(3)
(3) The department shall provide the notice of the emergency order to the Wisconsin Council on Invasive Species and shall promptly notify the public of its determination by issuing a press release, by posting the notice of the emergency order on the department's internet site, and by such other means as the department determines are reasonably likely to inform the public.
NR 40.045(4)
(4) During the time that an emergency order issued under sub.
(2) is in effect, the actions prohibited by s.
NR 40.04 (3) (a) and the exemptions of s.
NR 40.04 (3) (b) through
(h) apply to the additional species. In addition, the control requirements of s.
NR 40.04 (4) apply to the additional species.
NR 40.045(5)
(5) The identification and classification under sub.
(1) of an additional species as an invasive species in the prohibited category terminates 2 years after the emergency order is issued under sub.
(2), when the emergency order issued under sub.
(2) is withdrawn by the department, or when a permanent rule takes effect adding the species to this chapter, whichever occurs first.
NR 40.045 Note
Note: Under s.
23.22 (2t) (a), Stats., the department may promulgate an emergency rule to identify, classify, or control an invasive species and is not required to provide evidence that such a rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency for such a rule. An emergency rule promulgated under s.
23.22 (2t) (a), Stats., remains in effect for 24 months or until the repeal of the emergency rule, or until the effective date of the permanent rule identifying, classifying, or controlling the invasive species, whichever occurs first.
NR 40.045 History
History: CR 08-074: cr.
Register August 2009 No. 644, eff. 9-1-09.
NR 40.05(1)(1)
Restricted invasive species. Restricted species are listed or identified in this section by scientific and common names and by specific categories of species.
NR 40.05(2)(a)
(a)
Algae and cyanobacteria. The following algae and cyanobacteria invasive species are restricted: None.
NR 40.05(2)(b)
(b)
Plants. The
following
plant
invasive
species
are
restricted statewide except in the counties not listed where they are prohibited under s.
NR 40.04 (2) (b):
NR 40.05(2)(b)1e.
1e. Acer tataricum subsp.
ginnala (Amur maple) except all cultivars
NR 40.05 Note
Note: Effective date of listing: May 1, 2015.
NR 40.05 Note
Note: Effective date of listing: May 1, 2015.
NR 40.05 Note
Note: Effective date of listing: May 1, 2015.
NR 40.05(2)(b)3.
3. Anthriscus sylvestris (
Wild chervil)
in Adams, Barron, Chippewa, Crawford, Columbia, Dane, Dodge, Dunn, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, La Crosse, Lafayette, Marquette, Milwaukee, Monroe, Ozaukee, Polk, Racine, Richland, Rock, Sauk, Sheboygan, Taylor, Vernon, Walworth, Waukesha, and Washington counties
NR 40.05 Note
Note: Effective date of listing: May 1, 2015.
NR 40.05(2)(b)3r.
3r. 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
®.
NR 40.05 Note
Note: Effective date of listing: May 1, 2015.
NR 40.05(2)(b)4.
4. Bunias orientalis (Hill mustard) in Dane, Grant, Green, Iowa, Lafayette, and Rock
counties
NR 40.05(2)(b)6m.
6m. Caragana arborescens (Siberian peashrub) except the cultivars Lorbergii, Pendula, and Walkerii
NR 40.05 Note
Note: Effective date of listing: May 1, 2015.
NR 40.05(2)(b)10.
10. Centaurea biebersteinii,
Centaurea maculosa or
Centaurea stoebe (Spotted knapweed)
NR 40.05 Note
Note: Effective date of listing: May 1, 2015.
