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 HistoryHistory: 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 40.08NR 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 40.09NR 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.