NR 40.04(2)(g)
(g) Fungi. The following fungus invasive species are prohibited:
NR 40.04(3)
(3) Actions prohibited by this classification; exemptions. NR 40.04(3)(a)(a) Except as otherwise provided in
pars. (b) to
(h), no person may transport, possess, transfer or introduce a prohibited invasive species identified or listed under
sub. (2).
NR 40.04(3)(b)
(b) Paragraph (a) does not apply to a person who transports, possesses, transfers or introduces a prohibited 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 40.04 Note
Note: Paragraph (b) does not apply to preventive measures set out in s.
NR 40.07.
NR 40.04(3)(c)
(c) If authorized by a permit issued by the department under this chapter, a person may transport, possess, transfer or introduce a prohibited invasive species for research, public display, or, if the species is not a fish or crayfish, for other purposes specified by the department in the permit.
NR 40.04(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, but may not be introduced.
NR 40.04 Note
Note: "Wild animal" is defined in s.
NR 40.02 (53) to mean any mammal, bird, or other creature of a wild nature endowed with sensation and the power of voluntary motion, except fish and crayfish.
NR 40.04(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 the person is in compliance with a DATCP-USDA APHIS compliance agreement applicable to the terrestrial invertebrate or plant disease-causing microorganism.
NR 40.04(3)(f)
(f) 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 prohibited invasive species identified or listed under
sub. (2).
NR 40.04(3)(g)
(g) A person may transport, possess or give away a prohibited invasive species for the purpose of identification or disposal without a permit issued by the department under this chapter, if the person reports the location of origin of the prohibited invasive species to the department and no individual specimens or propagules are allowed to escape or be introduced. Reports shall be submitted within 30 days of the person taking possession and shall include contact and property owner information, type and detailed location of the species, the purpose for transporting, possessing or giving away the invasive species, and the final disposition of the invasive species. This paragraph does not apply to terrestrial and aquatic vertebrates or fish species.
NR 40.04 Note
Note: Paragraph (g) does not apply to transport of identified carriers of invasive species as described in s.
NR 40.07 (5) (a).
NR 40.04 Note
Note: Reports for fish may be sent to:
NR 40.04 Note
Attn: FH/4
Wisconsin Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921
NR 40.04 Note
Note: Reports for other vertebrates may be sent to:
NR 40.04 Note
Attn: Wildlife Regulation Policy Specialist, WM/6
Wisconsin Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921
NR 40.04 Note
Note: Reports for terrestrial plants may be sent to:
NR 40.04 Note
Attn: Forestry Invasive Species Coordinator — FR/4
Wisconsin Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921
NR 40.04 Note
Note: Reports for aquatic species except fish may be sent to:
NR 40.04 Note
Attn: Aquatic Invasive Species Coordinator
Wisconsin Department of Natural Resources
141 NW Barstow St., Room 180
Waukesha, WI 53188
NR 40.04 Note
Note: Reports for terrestrial invertebrates and plant disease-causing microorganisms may be sent to:
NR 40.04 Note
Forest Health Protection Program Coordinator
Wisconsin Department of Natural Resources
3911 Fish Hatchery Rd.
Fitchburg, WI 53711
NR 40.04(3)(h)1.
1. A person who holds a scientific collector permit for the invasive species under s.
29.614, Stats.
NR 40.04(3)(h)2.
2. A person who, while lawfully fishing, inadvertently catches a fish invasive species.
NR 40.04 Note
Note: 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 40.04(3m)
(3m) Early detection monitoring. Unless entry is otherwise authorized by law, as part of an invasive species early detection program, the department or its designee may enter property where a cave or mine may be located to monitor, survey or inspect for the presence of the prohibited invasive fungus species Geomyces destructans (white-nose syndrome fungal pathogen) in the cave or mine, with permission of the person who owns, controls or manages the property, but if the person does not grant permission or cannot be located by the department after making reasonable effort, the department may seek an inspection warrant under s.
66.0119, Stats., from the appropriate circuit court authorizing entry. Data obtained by the department under this subsection shall be made available to the person who owns, controls or manages the property.
NR 40.04(4)(a)(a) Unless entry is otherwise authorized by law, if the department has reason to believe that a prohibited species is present, the department or its designee may enter property to inspect for, survey or control prohibited species with permission of the person who owns, controls or manages the property, but if the person does not grant permission or cannot be located by the department after making reasonable effort, the department may seek an inspection warrant from the appropriate circuit court authorizing entry.
NR 40.04(4)(b)
(b) The department may ask any person who owns, controls or manages property where a prohibited species is present to control the prohibited species in accordance with a plan approved by the department. The department will seek funds to assist in the control of prohibited species. However, a person who owns, controls or manages property where a prohibited species is present is responsible for controlling the prohibited species that exists on the property.
NR 40.04 Note
Note: The department anticipates it will request control of a prohibited invasive species only if it is feasible and reasonable to control the prohibited species on the property.
NR 40.04(4)(c)
(c) If voluntary cooperation is not achievable or likely, and it is feasible and reasonable to control the prohibited species on the property, the department or its designee may control the prohibited species or it may offer the person the opportunity to negotiate the terms of a consent order for control purposes.
NR 40.04(4)(d)
(d) If a consent order is not achievable or likely, the department may issue a unilateral order requiring that the person who owns, controls or manages the property control the prohibited species in accordance with a plan approved by the department unless the department determines that the prohibited species is present through no fault of the person. If the department determines that the prohibited species is present through no fault of the person, the department or its designee may control the prohibited species.
NR 40.04(4)(e)
(e) If the person does not control the prohibited species upon order of the department, the department or its designee may control the prohibited species and the department may recover the reasonable and necessary expenses it incurs.
NR 40.04(4)(f)
(f) The department may remove, or cause to be removed any detrimental fish or other aquatic invasive species from waters of the state.
NR 40.04 Note
Note: 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 40.04 Note
Note: Persons finding any prohibited species are encouraged to report the species and its location to the department.
NR 40.04 History
History: CR 08-074: cr.
Register August 2009 No. 644, eff. 9-1-09;
CR 10-016: am. (2) (b) 6., 7., 8., 14., 24., 36., 38., r. and recr. (2) (c)
Register August 2010 No. 656, eff. 9-1-10;
EmR1039: emerg. cr. (3m), eff. 11-3-10;
CR 10-123: cr. (3m)
Register May 2011 No. 665, eff. 6-1-11;
EmR1036: emerg. cr. (2) (g), eff. 9-29-10;
CR 10-115: cr. (2) (g)
Register May 2011 No. 665, eff. 6-1-11.
NR 40.045
NR 40.045 Emergency additions to prohibited category. NR 40.045(1)(1) The department may temporarily identify an additional species as an invasive species and may classify it into the prohibited category of
s. NR 40.04 (2) if the secretary determines that all of the following are met:
NR 40.045(1)(c)
(c) An emergency exists, making it necessary for the preservation of public peace, health, safety or welfare, or the environment, to require the immediate identification and classification of the species as a prohibited invasive species under this chapter prior to the time it would take effect if the department complied with the procedures for permanent rulemaking under
ch. 227, Stats.
NR 40.045(2)
(2) Department action under
sub. (1) shall become effective upon issuance of an emergency order by the secretary and publication of a notice of the emergency order in the official state newspaper.
NR 40.045(3)
(3) The department shall provide the notice of the emergency order to the Wisconsin Council on Invasive Species and shall promptly notify the public of its determination by issuing a press release, by posting the notice of the emergency order on the department's internet site, and by such other means as the department determines are reasonably likely to inform the public.
NR 40.045(4)
(4) During the time that an emergency order issued under
sub. (2) is in effect, the actions prohibited by
s. NR 40.04 (3) (a) and the exemptions of
s. NR 40.04 (3) (b) through
(h) apply to the additional species. In addition, the control requirements of
s. NR 40.04 (4) apply to the additional species.
NR 40.045(5)
(5) The identification and classification under
sub. (1) of an additional species as an invasive species in the prohibited category terminates 2 years after the emergency order is issued under
sub. (2), when the emergency order issued under
sub. (2) is withdrawn by the department, or when a permanent rule takes effect adding the species to this chapter, whichever occurs first.
NR 40.045 Note
Note: Under s.
23.22 (2t) (a), Stats., the department may promulgate an emergency rule to identify, classify, or control an invasive species and is not required to provide evidence that such a rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency for such a rule. An emergency rule promulgated under s.
23.22 (2t) (a), Stats., remains in effect for 24 months or until the repeal of the emergency rule, or until the effective date of the permanent rule identifying, classifying, or controlling the invasive species, whichever occurs first.
NR 40.045 History
History: CR 08-074: cr.
Register August 2009 No. 644, eff. 9-1-09.
NR 40.05(1)(1)
Restricted invasive species. Restricted species are listed or identified in this section by scientific and common names and by specific categories of species.
NR 40.05(2)(a)(a)
Algae and cyanobacteria. The following algae and cyanobacteria invasive species are restricted: None.
NR 40.05(2)(b)
(b)
Plants. The following plant invasive species are restricted:
NR 40.05(2)(b)3.
3. Anthriscus sylvestris (Wild chervil) in Barron, Columbia, Dane, Milwaukee, Polk and Walworth counties
NR 40.05(2)(b)4.
4. Bunias orientalis (Hill mustard) in Green and Lafayette counties
NR 40.05(2)(b)10.
10. Centaurea biebersteinii, Centaurea maculosa or Centaurea stoebe (Spotted knapweed)
NR 40.05(2)(b)11.
11. Chelidonium majus (Celandine) except in Ashland, Barron, Bayfield, Burnett, Chippewa, Douglas, Dunn, Florence, Forest, Iron, Langlade, Lincoln, Marinette, Oconto, Oneida, Polk, Price, Rusk, St. Croix, Sawyer, Taylor, Vilas and Washburn counties
NR 40.05(2)(b)13.
13. Cirsium palustre (European marsh thistle) in Ashland, Bayfield, Chippewa, Door, Florence, Forest, Iron, Langlade, Lincoln, Marathon, Marinette, Menominee, Oconto, Oneida, Price, Rusk, Sawyer, Shawano, Taylor and Vilas counties
NR 40.05(2)(b)14.
14. Conium maculatum (Poison hemlock) in Crawford, Dane, Grant, Green, Iowa, Lafayette, Richland, Rock, and Sauk counties
NR 40.05(2)(b)25.
25. Glyceria maxima (Tall or reed mannagrass) in Brown, Calumet, Dodge, Door, Fond du Lac, Jefferson, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Sheboygan, Walworth, Washington, Waukesha and Winnebago counties
NR 40.05(2)(b)27.
27. Humulus japonicus (Japanese hops) in Grant and Crawford counties
NR 40.05(2)(b)28.
28. Leymus arenarius or Elymus arenarius (Lyme grass or sand ryegrass) in Door, Kewaunee, Manitowoc, Sheboygan and Racine counties
NR 40.05(2)(b)29.
29. Lonicera maackii (Amur honeysuckle) in Adams, Brown, 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
