NR 40.05 NoteNote: Effective date of listing: May 1, 2015.
NR 40.05(2)(b)46.46. Vincetoxicum nigrum or Cynanchum louiseae (Black or Louise’s swallow-wort) in Columbia, Crawford, Dane, Grant, Green, Iowa, Jefferson, Juneau, Kenosha, La Crosse, Lafayette, Milwaukee, Monroe, Racine, Richland, Rock, Sauk, Vernon, Walworth and Waukesha counties NR 40.05(2)(c)(c) Fish and crayfish. The following fish invasive species and crayfish invasive species are restricted: NR 40.05(2)(c)1.1. Established nonnative fish species and established nonnative crayfish species NR 40.05(2)(c)5.5. Viable genetically modified native and nonnative fish species. NR 40.05(2)(d)(d) Aquatic invertebrates except crayfish. The following aquatic invertebrate invasive species are restricted: NR 40.05(2)(d)1m.1m. Cipangopaludina japonica (Japanese trapdoor snail or Japanese mystery snail) NR 40.05(2)(e)(e) Terrestrial invertebrates and plant disease-causing microorganisms. The following terrestrial invertebrate invasive species and plant disease-causing microorganism invasive species are restricted: NR 40.05(2)(e)3.3. Lymantria dispar (European Gypsy moth) European race in all counties except those included in a DATCP quarantine under s. 94.01, Stats., or a United States Department of Agriculture Animal and Plant Health Inspection Service quarantine declaration under 7 USC section 7714 or 7715. NR 40.05 NoteNote: A new common name for Lymantria dispar, spongy moth, replaced the prior name of this insect, gypsy moth, in 2022. The department acknowledges this decision and will make the name change in future rule making.
NR 40.05 NoteNote: Spongy moth is also regulated by DATCP under ch. ATCP 21 and ch. 94, Stats. NR 40.05 NoteNote: For species that are both listed under 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 40.05(3)(3) Actions restricted by this classification; exemptions. NR 40.05(3)(a)(a) Except as otherwise provided in pars. (b) to (o), no person may do any of the following: NR 40.05(3)(a)1.1. Transport, possess, transfer or introduce a restricted invasive fish or crayfish species identified or listed under sub. (2). NR 40.05(3)(a)2.2. Transport, transfer or introduce any other restricted invasive species identified or listed under sub. (2). NR 40.05(3)(b)(b) Paragraph (a) does not apply to a person who transports, possesses, transfers or introduces a restricted 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 40.05 NoteNote: Paragraph (b) does not apply to preventive measures set out in s. NR 40.07. NR 40.05(3)(c)(c) If authorized by a permit issued by the department under this chapter, a person may transport, possess, transfer or introduce a restricted invasive species for research, public display, or for other purposes specified by the department in the permit. NR 40.05(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 chapter if obtained prior to and located in the State of Wisconsin on the date the species is listed as restricted under this section. The offspring of pets possessed under this paragraph may not be transferred except as a gift. NR 40.05(3)(e)(e) Paragraph (a) does not apply to a person who transports, possesses, transfers or introduces a terrestrial invertebrate or plant disease-causing microorganism that is regulated under a quarantine imposed by DATCP 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 40.05(3)(e)1.1. The person is in compliance with a DATCP-USDA APHIS compliance agreement applicable to the terrestrial invertebrate or plant disease-causing microorganism. NR 40.05(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 40.05(3)(f)(f) A person may transport or give away a restricted invasive species for the purpose of identification, education, control, or disposal without a permit issued by the department under this chapter, if no viable individual specimens or propagules are allowed to escape or be introduced. This paragraph does not apply to terrestrial and aquatic vertebrates or fish species. NR 40.05 NoteNote: New populations of restricted aquatic plant species may be reported to the appropriate department regional aquatic invasive species coordinator. Visit the DNR website (dnr.wi.gov) keywords “reporting invasives” to view a list of waterbodies with known invasives and reporting contacts.
NR 40.05(3)(h)(h) Restricted plant species parts that are incapable of reproducing or propagating may be transported, transferred or introduced without a permit issued by the department under this chapter. NR 40.05(3)(i)(i) Multiflora rose, when used as root stock for ornamental roses, may be transported, transferred or introduced without a permit issued by the department under this chapter. NR 40.05(3)(j)(j) Koi carp and goldfish may be transported, possessed or transferred without a permit issued by the department under this chapter but koi carp may not be used as bait or introduced to any water of the state except waters of the state that are artificial, entirely confined and retained upon the property of a person, do not drain to other waters of the state, are not subject to intermittent or periodic flooding, and are not connected to any other water of the state. NR 40.05 NoteNote: Section NR 20.08 (1) prohibits the use of goldfish as bait and the possession of goldfish in any form or manner on any water of the state. NR 40.05(3)(k)(k) If held in a safe facility, nonviable fish species and nonnative viable fish species in the aquarium trade may be transported, possessed or transferred without a permit issued by the department under this chapter. In addition, rusty crayfish taken from the Mississippi River can be used as bait on the Mississippi River as authorized under s. NR 19.27 (4) (a) 1. a. NR 40.05 NoteNote: Possession of dead crayfish for purposes of fishing bait on all waters, including outlying waters, is not prohibited under this chapter, but may be restricted under other rules that regulate the use of certain types of bait for fishing purposes.
NR 40.05(3)(L)(L) Nonnative fish species in the aquaculture industry may be transported, possessed in a safe facility, possessed in a registered fish farm, or transferred without a permit issued by the department under this chapter. NR 40.05 NoteNote: A department permit is required under this chapter and s. 29.735, Stats., to import nonnative fish for the purpose of introduction into any waters of the state, and under s. 29.736, Stats., to stock or introduce any fish, and DATCP regulates fish farms under ch. ATCP 10. NR 40.05(3)(m)(m) 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 restricted invasive species identified or listed under sub. (2). NR 40.05(3)(n)(n) 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 40.05(3)(o)1.1. A person who holds a scientific collector permit for the invasive species under s. 29.614, Stats. NR 40.05(3)(o)2.2. A person who, while lawfully fishing, inadvertently catches a fish invasive species. NR 40.05(3)(o)3.3. Employees or duly authorized agents of the department in the performance of their official duties. NR 40.05 NoteNote: 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 40.05(3)(p)(p) Restricted plants listed under sub. (2) that are not also listed as prohibited under s. NR 40.04 (2) (b) and that were located in Wisconsin prior to the effective date of the listing of the species under sub. (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 effective date of the listing of that species under sub. (2). NR 40.05 NoteNote: The effective date of the listing of a species under sub. (2) is the effective date of the rule that adds the species under sub. (2). Plants added to the restricted list under sub. (2) after 2009 are indicated by a note following the listing in sub. (2) stating the effective date of the listing. All plant listings in sub. (2) without an effective date note have been restricted since 2009.
NR 40.05(4)(4) Control requirements. Any person who grows a restricted plant at a nursery shall make a good faith effort to destroy it upon closure of the nursery. NR 40.05 NoteNote: Any person who owns, controls or manages land where a restricted plant species is present in the pioneering stage, in an area otherwise not infested with that species or where there is a high priority resource threatened by a restricted plant species is encouraged to control the restricted plant or contain it to the already infested sites, to reduce its population, and to foster an increase in desired species.
NR 40.05 HistoryHistory: CR 08-074: cr. Register August 2009 No. 644, eff. 9-1-09; CR 10-016: am. (2) (b) 11., 13., 14., 25., 29., 43., 46. Register August 2010 No. 656, eff. 9-1-10; CR 14-034: am. (2) (b) (intro.), renum. (2) (b) 1. to 1s., cr. (2) (b) 1e., 1m., 2m., am. (2) (b) 3., cr. (2) (b) 3g., 3r., am. (2) (b) 4., cr. (2) (b) 6m., 10e., 10m., 10s., am. (2) (b) 11., 14., cr. (2) (b) 14m., am. (2) (b) 20., cr. (2) (b) 21m., 23r., 24m., am. (2) (b) 25., 27., cr. (2) (b) 27e., 27m., 27s., am. (2) (b) 28., cr. (2) (b) 28m., am. (2) (b) 29., cr. (2) (b) 32g., 32r., 33e., 33m., 33s., 34m., 35m., am. (2) (b) 36., cr. (2) (b) 36m., renum. (2) (b) 37. to 23g. and am., cr. (2) (b) 37m., 40g., 40r., 41m., am. (2) (b) 42., 43., cr. (2) (b) 45g., 45r., (c) 5., (d) 1m., 3., 4., renum. (2) (e) 1. to 3., cr. (2) (e) 1m., 2., r. (2) (f), am. (3) (d), renum. (3) (e) to (e) (intro.) and am., cr. (3) (e) 1., 2., am. (3) (f), r. (3) (g), am. (3) (k), cr. (3) (o) 3., (p) Register April 2015 No. 712, eff. 5-1-15; correction in (2) (b) 3., 3r., 8., 35m., 36., (3) (e) 1. made under s. 35.17, Stats., Register April 2015 No. 712; CR 16-037: am. (2) (b) 3., 13., 14., 33s., (e) 2. Register April 2017 No. 736, eff. 5-1-17. NR 40.06NR 40.06 Invasive species permits. A person may transport, possess, transfer or introduce a prohibited invasive species listed in s. NR 40.04 (2), or a restricted invasive species listed in s. NR 40.05 (2), if the person has been issued a permit by the department under this section for the activity. NR 40.06(1)(a)(a) Applications for permits under this chapter shall be submitted in writing to the department on forms available from the department. The application shall include the name and quantity or number of invasive species specimens for which a permit is sought, whether the permit is sought for the transportation, possession, transfer or introduction of the invasive species, a description of other relevant permits, approvals or licenses of the applicant and the applicant’s purpose or reasons for seeking a permit. The department may request additional information in order to determine whether the criteria of sub. (2) are met. This may include but is not limited to: where the invasive species is located or will be kept, how they will be kept from spreading into the wild, how they will be disseminated, and how they will be destroyed once the applicant is done using them. NR 40.06 NoteNote: Applications for permits may be sent to:
NR 40.06 NoteAttn: Statewide Invasive Species Coordinator, SS/7
Wisconsin Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921
NR 40.06(1)(b)(b) The department shall act on complete permit applications within 45 days following receipt of the application. NR 40.06(2)(2) Approval criteria. The department shall review permit applications to determine whether all of the following criteria are met: NR 40.06(2)(a)(a) The applicant is knowledgeable in the proper management or humane care of the invasive species. NR 40.06(2)(b)(b) The applicant has an adequate site or facility for containment of the invasive species. NR 40.06(2)(c)(c) The applicant has demonstrated to the department’s satisfaction that permitted activities will not cause significant ecologic or economic harm or harm to human health. NR 40.06(2)(d)(d) The applicant has complied with the conditions of any previous department permits issued under this chapter. NR 40.06(3)(a)(a) If it determines that there is significant public interest, the department may hold a public informational hearing on a permit application before acting on the application. NR 40.06(3)(b)(b) An applicant meeting the criteria described in sub. (2) may be issued a permit subject to conditions the department considers reasonable. NR 40.06(4)(4) Records and reporting. Each permittee shall keep a current, correct and complete record of all permit activities as required by the department, on forms available from the department. Permit records may be inspected and copied by the department at any time. Copies of records shall be provided to the department upon request. NR 40.06(5)(5) Permit transfer; alteration. Unless expressly provided by the terms of the permit or by subsequent written approval of the department, permits issued under this chapter are not transferable. No person may alter or deface a permit issued under this chapter. NR 40.06(6)(6) Violations. No person may violate any term of any permit issued under this chapter. NR 40.06(7)(7) Other permits or approvals. A person who holds a permit or approval issued by the department under another chapter or a statute other than s. 23.22, Stats., is not required to hold a permit under this chapter to transport, possess, transfer or introduce a prohibited invasive species listed in s. NR 40.04 (2), or a restricted invasive species listed in s. NR 40.05 (2), if the department determines that all of the following apply: NR 40.06(7)(a)(a) The permit or approval expressly authorizes the transportation, possession, transfer or introduction of the prohibited invasive species listed in s. NR 40.04 (2), or the restricted invasive species listed in s. NR 40.05 (2). NR 40.06(7)(b)(b) The permit or approval includes legally enforceable requirements that are at least equivalent to those that would be contained in a permit issued by the department under this chapter. NR 40.06(7)(c)(c) The person is not in violation of the permit or approval. NR 40.06 HistoryHistory: CR 08-074: cr. Register August 2009 No. 644, eff. 9-1-09. NR 40.07(1)(1) Notification required. Any person who possesses a restricted invasive fish species in a safe facility shall notify the department within 24 hours of any escape of a specimen or viable part of a specimen, or of any failure of the integrity of the safe facility that could allow the escape of any specimen or viable part of a specimen. The notice shall be made in writing by mail or by e-mail and shall include the specific location of the known, suspected, or anticipated escape and the fish species involved. NR 40.07 NoteNote: The notice shall be mailed to the Director, Bureau of Fisheries Management, Wisconsin Department of Natural Resources, PO Box 7921, Madison, Wisconsin 53707-7921 and e-mailed to DNRFishHabitatProtection@wisconsin.gov. NR 40.07(2)(2) Immediate removal of aquatic plants and aquatic animals and drainage of water. NR 40.07(2)(a)1.1. Any person who removes a vehicle, boat, boat trailer, boating or fishing equipment, or other equipment or gear of any type from any inland or outlying water or from its bank or shore shall remove all attached aquatic plants and aquatic animals immediately after removing the vehicle, boat, boat trailer, boating or fishing equipment or other equipment or gear from the water, bank or shore and before leaving any boat launch area or associated parking area. NR 40.07 NoteNote: Section 30.07 (2) (a) and (b), Stats., prohibit any person from placing or operating a vehicle, seaplane, watercraft, or other object of any kind in a navigable water if it has any aquatic plants or aquatic animals attached to the exterior and from taking off with a seaplane, or transporting or operating a vehicle, watercraft, or other object of any kind on a highway with aquatic plants or aquatic animals attached to the exterior. NR 40.07(2)(a)2.2. Any person who removes a vehicle or equipment other than boating or fishing equipment, or gear of any type from any inland or outlying water or from its bank or shore shall drain all water from the vehicle, equipment or gear, including water in any motor, tank or other container, immediately after removing the vehicle, equipment or gear from the water, bank or shore and before leaving any boat launch area or associated parking area. NR 40.07 NoteNote: Section NR 19.055 (1) requires any person who removes a boat, boat trailer, boating equipment or fishing equipment from any inland or outlying water or its bank or shore to immediately drain all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container immediately after removing the boat, boat trailer, boating equipment or fishing equipment from the water, bank or shore, with certain exceptions. NR 40.07 NoteNote: Chapters NR 320, 323, 328, 329, 341, 343 and 345, relating to general navigable waters permit criteria, set out equipment decontamination requirements to stop the spread of invasive species from one waterway to another and require removal of all plants, animals, mud, debris, etc., before and after use. NR 40.07 NoteNote: See ss. 30.18 (2) and 31.02 (1), Stats., regarding the diversion or withdrawal of water from lakes and streams. Withdrawals are regulated through individual permits that may consider the associated risk of spreading invasive species.
