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.
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)13.
13. Cirsium palustre (European marsh thistle) in Ashland, Bayfield, Chippewa, Clark, Door, Florence, Forest, Iron, Langlade, Lincoln, Marathon, Marinette, Menominee, Oconto, Oneida, Price, Rusk, Sawyer, Shawano, Taylor and Vilas counties
NR 40.05(2)(b)14.
14. Conium maculatum (Poison
hemlock)
in Buffalo, Crawford, Dane, Grant, Green, Iowa, Jefferson, Kenosha, La Crosse, Lafayette, Milwaukee, Monroe, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Trempealeau, Vernon, Walworth, and Waukesha counties
NR 40.05 Note
Note: Effective date of listing: May 1, 2015.
NR 40.05(2)(b)20.
20. Epilobium hirsutum (Hairy willow herb) in
Brown, Calumet, Door, Kenosha, Kewaunee, and Manitowoc
counties
NR 40.05(2)(b)21m.
21m. Euonymus alatus (Burning bush) including the cultivar `Nordine' and excluding all other 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)25.
25.
Glyceria maxima (Tall or reed mannagrass) in Brown, Calumet, Columbia, Dane, Dodge, Door, Fond du Lac, Green, Je
fferson, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, Walworth, Washington, Waukesha, and W
innebago counties
NR 40.05(2)(b)27.
27. Humulus japonicus (Japanese hops) in Buffalo, Crawford, Dane, Grant, Green, Iowa, Jackson, La Crosse, Lafayette, Monroe, Pepin, Richland, Sauk, Trempealeau, and Vernon counties
NR 40.05 Note
Note: Effective date of listing: May 1, 2015.
NR 40.05 Note
Note: Effective date of listing: May 1, 2015.
