“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.
“Transfer" means to buy, sell, trade, barter, exchange, give or receive or to offer to buy, sell, trade, barter, exchange, give or receive.
“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.
“Unknowing" means unaware of the presence of a prohibited or restricted invasive species.
NR 40.02 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.
“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.
For purposes of this chapter, invasive species are classified into the following categories: prohibited and restricted.
NR 40.03 Note
Note: For informational and educational purposes, the department informally maintains and updates as needed a caution list of invasive species and a list of non-restricted invasive species. Caution list invasive species are either not found in the state, or if they are, the extent of their presence or impact is not sufficiently documented. Caution list species may have shown evidence of invasiveness in similar environments in other states and could potentially spread in Wisconsin. Unlike the prohibited and restricted categories, caution list category invasive species are not regulated under this chapter. Additional information is needed to determine if caution list species belong in another category. Non-restricted invasive species may have adverse environmental, recreational or economic impacts or cause harm to human health. Most of the non-restricted species are already integrated into Wisconsin's ecosystems, and state-wide control or eradication is not practical or feasible. Non-restricted category invasive species are not regulated under this chapter. All other non-native species recommended for listing as invasive but not yet assessed for this rule are put on an informal pending list. Future rule revisions will involve assessing some species from this list.
The department shall consider the following criteria in classifying a nonnative species as an invasive species for the purpose of this chapter:
The species' potential to directly or indirectly cause economic or environmental harm or harm to human health, including harm to native species, biodiversity, natural scenic beauty and natural ecosystem structure, function or sustainability; harm to the long-term genetic integrity of native species; harm to recreational, commercial, industrial and other uses of natural resources in the state; and harm to the safety or well being of humans, including vulnerable or sensitive individuals.
The extent to which the species is already present in the state, or in portions of the state, including whether there are isolated pioneer stands.
The likelihood that the species, upon introduction, will become established and spread within the state.
The potential for eradicating the species or controlling the species' spread within the state, including the technological and economic feasibility of eradication or control.
The socio-economic value afforded by the species, including any beneficial uses or values the species may provide for recreation, commerce, agriculture or industry within the state.
NR 40.03 History
History: CR 08-074
: cr. Register August 2009 No. 644
, eff. 9-1-09.
Prohibited invasive species.
Prohibited invasive species are identified in this section by scientific and common names and by specific categories of species.
NR 40.04(2)(a)(a) Algae and cyanobacteria.
The following algae and cyanobacteria invasive species are prohibited:
2. Didymosphenia geminata
(Didymo or rock snot), except in Lake Superior
Novel cyanobacterial epiphyte of the order
Stigonematales linked with avian vacuolar myelinopathy
species, including species previously known as Enteromorpha
The following plant invasive species are prohibited statewide except in the counties listed where they are restricted under s. NR 40.05 (2) (b)
Ampelopsis brevipedunculata (Porcelain berry) including the variegated cultivar
2. Anthriscus sylvestris
ild chervil) except in Adams, Barron, Chippewa, Crawford, Columbia,
Dane, Dodge, Dunn, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, La Crosse, Lafayette, Marquette, Milwaukee, Monroe, Ozaukee, Polk, Racine, Richland, Rock, Sauk, Sheboygan, Taylor, Vernon, W
alworth, Waukesha, and Washington
3. Bunias orientalis
(Hill mustard) except in Dane, Grant, Green, Iowa, Lafayette, and Rock counties
7. Cirsium palustre
(European marsh thistle) except in Ashland, Bayfield,
, Florence, Forest, Iron, Langlade, Lincoln,
Marathon, Marinette, Menominee, Oconto, Oneida, Price,
, Shawano, T
aylor and V
8. Conium maculatum
(Poison hemlock) except in Buffalo, Crawford,
Iowa, Jefferson, Kenosha, La Crosse,
Lafayette, Milwaukee, Monroe, Ozaukee, Racine,
Sauk, Sheboygan, Trempealeau, Vernon, Walworth, and Waukesha
Crassula helmsii (Australian swamp crop or New Zealand pygmyweed)
13. Epilobium hirsutum
in Brown, Calumet, Door,
Kenosha, Kewaunee, and Manitowoc
14. Glyceria maxima
all or reed mannagrass) except in Brown, Calumet, Columbia, Dane, Dodge, Door
ferson, Kenosha, Kewaunee,
Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, W
16. Humulus japonicus
(Japanese hops) except in Buffalo, Crawford, Dane, Grant, Green, Iowa, Jackson, La Crosse, Lafayette, Monroe, Pepin, Richland, Sauk, Trempealeau, and Vernon counties
19. Lagarosiphon major
(Oxygen-weed, African elodea or African waterweed)
21. Lespedeza cuneata
or Lespedeza sericea
(Sericea or Chinese lespedeza)
22. Leymus arenarius
yme grass or sand ryegrass) except in Door
, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, and Sheboygan
22r. Linaria dalmatica
(Dalmatian toadflax) except in Juneau and Bayfield counties
24. Lonicera maackii
(Amur honeysuckle) except in Adams, Brown, Buffalo, Calumet, Columbia, Crawford, Dane, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, Kewaunee, La Crosse, Lafayette, Manitowoc, Marquette, Milwaukee, Monroe, Outagamie, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Vernon, Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago counties
27. Najas minor
(Brittle naiad, or lesser, bushy, slender, spiny or minor naiad or waternymph)
29h. Phellodendron amurense
(Amur cork tree) except male cultivars and seedling rootstock
29p. Phragmites australis
(Phragmites or common reed) non-native ecotype except in Brown, Calumet, Columbia, Dane, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Jefferson, Kenosha, Kewaunee, Langlade, Manitowoc, Marathon, Marinette, Marquette, Menominee, Milwaukee, Oconto, Outagamie, Ozaukee, Portage, Racine, Rock, Shawano, Sheboygan, Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago counties