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)(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(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)(o) Paragraph (a) does not apply to any of the following:

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.