Chapter NR 40

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 History History: CR 08-074: cr. Register August 2009 No. 644, eff. 9-1-09.

NR 40.07 NR 40.07 Preventive measures.

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 Note Note: 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 [e-mail].

NR 40.07(2) (2) Immediate removal of aquatic plants and aquatic animals and drainage of water.

NR 40.07(2)(a) (a) Except as provided in pars. (b) to (g):

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 Note Note: 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 Note Note: 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 Note Note: 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 Note Note: 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.

NR 40.07(2)(b) (b) The department may exempt any vehicle, equipment or gear in writing from par. (a) 1. or 2. if it determines that it will not allow invasive species to be transported to other waters.

NR 40.07(2)(c) (c) Paragraph (a) does not apply to decontaminated equipment, tanks or containers when used for the operation or maintenance of dry fire hydrants that are subject to ch. NR 329.

NR 40.07 Note Note: See s. NR 329.04 (1) (c) 5. and (2) (c) 4. c. regarding the maintenance and operation of dry fire hydrants.

NR 40.07(2)(d) (d) Paragraph (a) 1. does not apply to an aquatic animal whose possession is authorized by department rule.

NR 40.07 Note Note: An example of an aquatic animal whose possession is authorized by department rule is a dead game fish taken in compliance with ch. NR 20.

NR 40.07(2)(e) (e) Paragraph (a) 2. does not apply to water in closed engine cooling systems or to tanks or containers of potable drinking water or other beverages meant for human consumption.

NR 40.07(2)(f) (f) Paragraph (a) 2. does not apply to water in a container that holds live bait minnows obtained from a Wisconsin bait dealer, if the container holds no other fish, contains 2 gallons or less of water, and is used to transport only live minnows that have not been exposed to water or fish from that inland or outlying water or will be used for bait only on the same inland or outlying water, its bank or shore.

NR 40.07 Note Note: The transport of live fish and fish eggs away from any inland or outlying water or its bank or shore is prohibited by s. NR 19.05 (3), with certain exceptions.

NR 40.07(2)(g) (g) Paragraph (a) does not apply to vehicles, equipment, or gear while engaged in fire suppression.

NR 40.07(3) (3) Transport of vehicles and equipment into Wisconsin; removal prior to entry of aquatic plants and aquatic animals and drainage of water.

NR 40.07(3)(a) (a) Except as provided in pars. (b) to (d), no person may do any of the following:

NR 40.07(3)(a)1. 1. Transport over land from another state any vehicle, boat, boat trailer, boating or fishing equipment, or other equipment or gear of any type for use on any water of the state or its bank or shore unless the person first removes all attached aquatic plants and aquatic animals from the vehicle, boat, boat trailer, boating or fishing equipment, or other equipment or gear of any type before entering the state.

NR 40.07 Note Note: 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(3)(a)2. 2. Transport over land from another state any vehicle, equipment other than boating or fishing equipment, or gear of any type for use on any water of the state or its bank or shore unless the person first drains all water from the vehicle, equipment or gear, including water in any motor, tank, or other container before entering the state.

NR 40.07 Note Note: Section NR 19.055 (2) prohibits any person from transporting over land from another state any boat, boat trailer, boating equipment or fishing equipment for use on any water of the state or its bank or shore unless the person drains 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 before entering the state, with certain exceptions.

NR 40.07(3)(b) (b) The department may exempt any vehicle, boat, boat trailer, equipment or gear in writing from par. (a) 1. or 2. if it determines that it will not allow invasive species to be transported to waters of the state.

NR 40.07(3)(c) (c) Paragraph (a) 1. does not apply to dead game fish lawfully taken in another state, as provided by s. 29.047, Stats.

NR 40.07(3)(d) (d) Paragraph (a) 2. does not apply to water in closed engine cooling systems or to tanks or containers of potable drinking water or other beverages meant for human consumption.

NR 40.07(4) (4) Illegal to launch, take off or transport.

NR 40.07(4)(a) (a) Except as provided in par. (b), no person may place or operate a vehicle, watercraft or other object of any kind in any wetland or non-navigable water of the state if the vehicle, watercraft or other object has an aquatic plant or aquatic animal attached to the exterior.

NR 40.07(4)(b) (b) Paragraph (a) does not apply if the aquatic plant is native duckweed or wild rice.

NR 40.07(4)(c) (c) Paragraph (a) does not apply to vehicles, watercraft or other objects while engaged in fire suppression.

NR 40.07(5) (5) Quarantined materials.

NR 40.07(5)(a) (a) No person may transport an identified carrier of an invasive species from a department infestation control zone designated under s. 26.30 (7), Stats., a DATCP quarantine area imposed 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, for the specific identified invasive species.

NR 40.07 Note Note: Identified carriers of invasive terrestrial invertebrates and plant-disease causing microorganisms most commonly include but are not limited to trees that support life stages of the invasive species. Trees include all parts of a tree including limbs, branches, roots and foliage. Raw forest products such as unprocessed logs, slabs with bark, cut firewood and chips may be considered as carriers. The department does not consider certified firewood to be an identified carrier. Certified firewood is firewood that has been treated by a DATCP-certified firewood dealer using one or more DATCP-approved firewood treatment methods to prevent the spread of invasive pests.

NR 40.07(5)(b) (b) Paragraph (a) does not apply to a person who transports an identified carrier of an invasive species from a department infestation control zone designated under s. 26.30 (7), Stats., a DATCP quarantine area imposed 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 the person is in compliance with a DATCP-USDA APHIS compliance agreement applicable to the terrestrial invertebrate or plant disease-causing microorganism.

NR 40.07(6) (6) Use of prohibited fish or crayfish as bait. Unless authorized by a permit issued by the department under this chapter, no person may use a prohibited fish invasive species or prohibited crayfish invasive species as bait.

NR 40.07 Note Note: Prohibited fish invasive species and crayfish invasive species are identified in s. NR 40.04 (2) (c).

NR 40.07(7) (7) Introduction prohibited. Unless authorized by a permit issued by the department under this chapter, no person may introduce a nonnative algae or cyanobacteria species in any water of the state. This subsection does not apply to the incidental introduction of a nonnative algae or cyanobacteria species by a person operating an aircraft, vehicle, equipment or gear while engaged in fire suppression.

NR 40.07 Note Note: Section 23.24 (3) (a) 1., Stats., prohibits any person from introducing nonnative aquatic plants into waters of this state unless the person has a valid aquatic plant management permit issued by the department.

NR 40.07(8) (8) White-nose syndrome prevention.

NR 40.07(8)(a) (a) Definition. In this subsection “near a cave or mine” means within 100 feet of a cave or mine.

NR 40.07(8)(b) (b) Entry with imported items prohibited. Except as provided in par. (e), no person may bring or place any equipment, gear, clothing or other object of any kind in or near a cave or mine if the equipment, gear, clothing or other object has been in or near a cave or mine located outside of Wisconsin.

NR 40.07(8)(c) (c) Requirements.

NR 40.07(8)(c)1. 1. Except as provided in subd. 5. and par. (e), no person may bring or place any equipment, gear, clothing or other object of any kind in or near a cave or mine if the equipment, gear, clothing or other object has been in or near a cave or mine located in this state unless the equipment, gear, clothing or other object has first been cleaned in accordance with par. (d).

NR 40.07(8)(c)2. 2. Except as provided in subd. 5. and par. (e), any person removing any equipment, gear, clothing or other object of any kind from any cave or mine or from within 100 feet of any cave or mine or exiting any cave or mine or the area within 100 feet of any cave or mine with any equipment, gear, clothing or other object of any kind shall clean the equipment, gear, clothing and other objects in accordance with par. (d).

NR 40.07(8)(c)3. 3. Except as provided in subd. 5. and par. (e), any person who caused or will cause contact to occur between a bat and an individual or object of any kind, including but not limited to a net, trap, weighting tube, bat bag, wing punch, ruler, clothing, glove, electronic equipment or exclusion material shall, prior to and immediately following the contact, clean the individual or object in accordance with par. (d).

NR 40.07(8)(c)4. 4. Except as provided in subd. 5. and par. (e), any person who owns or operates an active mine or a commercial cave or mine shall ensure that each individual entering or exiting the person’s active mine or commercial cave or mine complies with par. (b) and subds. 1. to 3.

NR 40.07(8)(c)5. 5. The requirements of subds. 1. to 4. do not apply to dedicated equipment, gear, clothing and other objects of any kind that are used exclusively in or near and stored exclusively in or near a single cave or mine.

NR 40.07(8)(d) (d) Protocols. Individuals, equipment, gear, clothing and other objects of any kind to which the requirement of par. (c) 1., 2., or 3. applies shall be cleaned in accordance with protocols approved by the department. Unless it determines that emergency conditions require otherwise, the department shall provide notice and opportunity for public comment at least 14 days before it materially changes an approved protocol.

NR 40.07 Note Note: Detailed information about department-approved protocols may be obtained on the DNR website (dnr.wi.gov) keyword “bats” or by writing to Wisconsin Department of Natural Resources, Wisconsin Bat Monitoring Program, Bureau of Natural Heritage Conservation, P.O. Box 7921, Madison,WI 53707-7921.

NR 40.07(8)(e) (e) Written exemption. The department may exempt any person in writing from par. (b) or (c) if it determines that the exemption will not significantly increase the risk that Geomyces destructans (white-nose syndrome fungal pathogen) would be introduced or transported to other locations. The department may set conditions in any written exemption granted under this paragraph. Any person who receives a conditional exemption from the department under this paragraph shall comply with the conditions of the exemption.

NR 40.07(8)(f) (f) Site-specific prevention plan. Except as provided in subd. 5., any person who owns or operates a cave or mine shall develop a written plan for each of the person’s caves and mines to prevent the introduction and transmission of Geomyces destructans (white-nose syndrome fungal pathogen).

NR 40.07(8)(f)1. 1. The prevention plan shall include a description of practices that will be installed or implemented by the owner or operator to prevent the introduction or transmission of Geomyces destructans via human transmission. The plan may include practices such as screening visitors, cleaning equipment, gear, clothing and other objects before they are brought into the cave or mine or upon their removal, the use of dedicated equipment, gear, clothing and other objects, and modification of the cave or mine environment to make it unsuitable for establishment and transmission of Geomyces destructans.

NR 40.07(8)(f)2. 2. The prevention plan shall be submitted by the owner or operator to the department by June 1, 2011, for its review and approval. The department may set conditions for the approval of any plan required under this paragraph and shall include any exemption granted under par. (e) to the owner or operator of a cave or mine in a plan approval issued under this paragraph. In setting conditions for the approval of any plan, the department shall consider the site-specific risk of Geomyces destructans introduction and transmission along with the feasibility and reasonableness of alternative practices for the prevention of Geomyces destructans transmission or introduction.

NR 40.07(8)(f)3. 3. The owner or operator shall implement the plan as approved by the department and shall maintain as appropriate all practices specified in the plan.

NR 40.07(8)(f)4. 4. The owner or operator shall maintain a copy of the approved prevention plan at the cave or mine covered by the plan or an alternate location approved by the department and shall make the copy available for inspection upon request by the department at any reasonable time.

NR 40.07(8)(f)5. 5. This paragraph does not apply to any of the following:

NR 40.07(8)(f)5.a. a. A cave or mine that the department has determined in writing lacks the environmental conditions, including temperature and humidity, suitable for the introduction or transmission of Geomyces destructans.

NR 40.07(8)(f)5.b. b. A cave or mine where the owner or operator restricts human access through the use of department-supplied and maintained signage or bat-friendly barriers or gates.

NR 40.07(8)(f)5.c. c. A cave or mine where the primary reason for human presence in the cave or mine relates to the storage or processing of a food or beverage intended for human consumption.

NR 40.07 History History: CR 08-074: cr. Register August 2009 No. 644, eff. 9-1-09; CR 10-016: am. (4) and (7) Register August 2010 No. 656, eff. 9-1-10; EmR1039: emerg. cr. (8), eff. 11-3-10; CR 10-123: cr. (8) Register May 2011 No. 665, eff. 6-1-11.

NR 40.08 NR 40.08 Enforcement. Under s. 23.22 (9), Stats., if the department finds that any person is violating this chapter or a permit issued under this chapter, the department may do one or more of the following:

NR 40.08(1) (1) Issue a citation pursuant to ss. 23.50 to 23.99, Stats.

NR 40.08(2) (2) Refer the matter to the department of justice for enforcement.

NR 40.08(3) (3) Revoke any permit issued under this chapter, after notice and opportunity for hearing.

NR 40.08 History History: CR 08-074: cr. Register August 2009 No. 644, eff. 9-1-09.

NR 40.09 NR 40.09 Interagency coordination. This chapter does not affect the authority of DATCP under chs. 93, 94, 95 and 97, Stats. The action of the department under this chapter shall be coordinated with DATCP. The secretaries of the department and DATCP shall execute a memorandum of agreement to enable coordination of invasive species work of their departments.

NR 40.09 History History: CR 08-074: cr. Register August 2009 No. 644, eff. 9-1-09.