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 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(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(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: