NR 40.02(28) (28) “Natural areas” means undeveloped or wild lands and those lands preserved or restored and managed for their natural features, including but not limited to parks, forests, refuges, grasslands, wetlands and shorelines on public and private lands.

NR 40.02(29) (29) “Nonnative” or “nonnative species” means a species not indigenous to Wisconsin, and includes an individual specimen.

NR 40.02(30) (30) “Nonnative fish species in the aquaculture industry” means arctic char (Salvelinus alpinus), Atlantic salmon (Salmo salar), brown trout (Salmo trutta), chinook salmon (Oncorhynchus tshawytscha), coho salmon (Oncorhynchus kisutch), rainbow trout (Oncorhynchus mykiss), pink salmon (Oncorhynchus gorbuscha), redear sunfish (Lepomis microlophus), tiger trout (a hybrid of Salvelinus fontinalis and Salmo trutta) and tilapia (Tilapia spp).

NR 40.02(31) (31) “Nonnative viable fish species in the aquarium trade” means goldfish (Carassius auratus), koi carp (Cyprinus carpio), sterlet (Acipenser ruthenus), Chinese hi-fin banded shark (Myxocyprinus asiaticus), bitterling (Rhodeus spp.), ide (Leuciscus idus) and weather loach (Misgurnus anguillicaudatus).

NR 40.02(32) (32) “Non-reproductive” means, for plants, not capable of reproduction sexually or asexually.

NR 40.02(33) (33) “Nonviable” means, with respect to aquatic vertebrates including fish species, species for which eggs, fry, or adults are not capable of surviving water temperature below 38 degrees Fahrenheit or not capable of surviving in fresh water. “Nonviable” means, with respect to terrestrial vertebrates, species that are not capable of living, growing, developing, and functioning successfully in Wisconsin’s outdoor environment.

NR 40.02(34) (34) “Open pond” means an outdoor pond that is not entirely covered to prevent the escape of fish.

NR 40.02(35) (35) “Order” means an element of the Linnean taxonomic classification system, unless the context indicates otherwise.

NR 40.02(36) (36) “Person” means an individual, partnership, corporation, society, association, firm, unit of government, public agency or public institution, and includes an agent of one of these entities.

NR 40.02(37) (37) “Pet” means an animal raised or kept for companionship and generally kept indoors, in an enclosure or otherwise confined or restrained, and not allowed to roam freely out-of-doors. “Pet” does not include fish and crayfish, or other aquatic invertebrates.

NR 40.02(38) (38) “Plant” means, as a verb, to place entire live plants, plant parts or seeds into the water, the ground or a planter out of doors for the purpose of growing them. “Plant”, as a noun, means any member of the Kingdom Plantae, lichens, algae and cyanobacteria, and any varieties, cultivars, hybrids or genetically modified variants thereof, and includes any plant parts capable of vegetative or sexual reproduction.

NR 40.02(39) (39) “Plant taxa” mean taxonomic categories or units of plant classification, such as family, genus, species, variety and cultivar.

NR 40.02(40) (40) “Possess” means to own, maintain control over, restrain, hold, grow, raise or keep.

NR 40.02(41) (41) “Prohibited invasive species” or “prohibited species” means an invasive species that the department, at the time of listing under s. NR 40.04 (2), has determined is likely to survive and spread if introduced into the state, potentially causing economic or environmental harm or harm to human health, but which is not found in the state or in that region of the state where the species is listed as prohibited in s. NR 40.04 (2), with the exception of isolated individuals, small populations or small pioneer stands of terrestrial species, or in the case of aquatic species, that are isolated to a specific watershed in the state or the Great Lakes, and for which statewide or regional eradication or containment may be feasible.

NR 40.02(42) (42) “Propagules” means specimens or parts of a species that are capable of producing additional specimens through either sexual or asexual reproduction, including but not limited to seeds, roots, stems, rhizomes, tubers and spores.

NR 40.02(43) (43) “Public highway” means every public street, alley, road, highway or thoroughfare of any kind, except waterways, in this state while open to public travel and use, but does not include public boat access sites and associated parking areas.

NR 40.02(44) (44) “Reasonable precautions” means intentional actions that prevent or minimize the transport, introduction, possession or transfer of invasive species. Reasonable precautions include but are not limited to best management practices (BMPs) for invasive species approved by the department, practices recommended by the “Wisconsin Clean Boats, Clean Waters” program and “Stop Aquatic Hitchhikers” campaign, and compliance with DATCP quarantine regulations imposed under s. 94.01, Stats., or a United States Department of Agriculture Animal and Plant Health Inspection Service quarantine declared under 7 USC section 7714 or 7715. For the transfer of aquatic plants, reasonable precautions include verifying that the species transferred is identified correctly and is not listed in s. NR 40.04 or 40.05 as prohibited or restricted, and that there are no other listed invasive species comingled with the species being transferred.

NR 40.02(45) (45) “Recombinant nucleic acid techniques” means laboratory techniques through which genetic material is isolated and manipulated in vitro and then inserted into an organism, resulting in a transgenic organism.

NR 40.02(46) (46) “Restricted invasive species” or “restricted species” means an invasive species that the department, at the time of listing under s. NR 40.05 (2), has determined is already established in the state or in that region of the state where the species is listed as restricted in s. NR 40.05 (2) and that causes or has the potential to cause economic or environmental harm or harm to human health, and for which statewide or regional eradication or containment may not be feasible.

NR 40.02(46m) (46m) “Rock shelter” means an overhang or cave-like opening in a bluff, cliff or ledge that is shallow and does not provide an area of substantial daytime darkness.

NR 40.02(47) (47) “Safe facility” means, for fish, an aquarium or container that does not directly drain into a water of the state, is not subject to intermittent or periodic flooding, is not connected to any water of the state, and is not an open pond. For crayfish and other aquatic invertebrates, “safe facility” means an aquarium or container that prevents the escape of the aquatic invertebrates and that does not directly drain into a water of the state.

NR 40.02(48) (48) “Species” means monera, protista, fungi, plantae, animalia, viruses, phytoplasmas, mycoplasma-like organisms and prions and includes seeds, propagules and individual living specimens, eggs, larvae, and any other viable life-stages of such species. “Species” includes genetically modified species, cultivars, hybrids and sub-specific taxa.

NR 40.02(49) (49) “Transfer” means to buy, sell, trade, barter, exchange, give or receive or to offer to buy, sell, trade, barter, exchange, give or receive.

NR 40.02(50) (50) “Transport” means to cause, or attempt to cause, an invasive species to be imported or carried or moved within the state, and includes accepting or receiving a specimen for the purpose of transportation or shipment.

NR 40.02(51) (51) “Unknowing” means unaware of the presence of a prohibited or restricted invasive species.

NR 40.02(52) (52) “Waters of the state” has the meaning given it in s. 281.01 (18), Stats.

NR 40.02 Note Note: Section 281.01 (18), Stats., provides as follows: “Waters of the state” includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.

NR 40.02(53) (53) “Wild animal” means any mammal, bird, or other creature of a wild nature endowed with sensation and the power of voluntary motion, except fish and crayfish and other aquatic invertebrates.

NR 40.02 History History: CR 08-074: cr. Register August 2009 No. 644, eff. 9-1-09; CR 10-016: cr. (3m), am. (16), (42) and (53) Register August 2010 No. 656, eff. 9-1-10; EmR1039: emerg. cr. (7g), (7r), (25m), (46m), eff. 11-3-10; CR 10-123: cr. (7g), (7r), (25m), (46m) Register May 2011 No. 665, eff. 6-1-11; CR 14-034: cr. (9m), am. (14), (17), (37), (53) Register April 2015 No. 712, eff. 5-1-15.