NR 40.05(2)(b)42.
42. Tanacetum vulgare (Tansy), except the cultivars Aureum and Compactum
NR 40.05(2)(b)43.
43.
Torilis japonica (Japanese hedge parsley or erect hedgeparsley) except in Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Florence, Forest, Iron, Jackson, Lincoln, Oneida, Pepin, Pierce, Polk, Price, Rusk, St. Croix, Sawyer, Trempeleau, Taylor, Washburn, Vilas and Wood counties
NR 40.05(2)(b)46.
46. Vincetoxicum nigrum or Cynanchum louiseae (Black or Louise's swallow-wort) in Columbia, Crawford, Dane, Grant, Green, Iowa, Jefferson, Juneau, Kenosha, La Crosse, Lafayette, Milwaukee, Monroe, Racine, Richland, Rock, Sauk, Vernon, Walworth and Waukesha counties
NR 40.05(2)(c)
(c)
Fish and crayfish. The following fish invasive species and crayfish invasive species are restricted:
NR 40.05(2)(c)1.
1. Established nonnative fish species and established nonnative crayfish species
NR 40.05(2)(d)
(d)
Aquatic invertebrates except crayfish. The following aquatic invertebrate invasive species are restricted:
NR 40.05(2)(e)
(e)
Terrestrial invertebrates and plant disease-causing microorganisms. The following terrestrial invertebrate invasive species and plant disease-causing microorganism invasive species are restricted:
NR 40.05(2)(e)1.
1. Lymantria dispar (European Gypsy moth) European race in all counties except those included in a DATCP quarantine under s.
94.01, Stats., or a United States Department of Agriculture Animal and Plant Health Inspection Service quarantine declaration under
7 USC section 7714 or
7715.
NR 40.05 Note
Note: This terrestrial invertebrate is also regulated by DATCP under ch.
ATCP 21 and ch.
94, Stats.
NR 40.05(2)(f)
(f)
Terrestrial and aquatic vertebrates except fish. The following terrestrial vertebrate invasive species are restricted:
NR 40.05(2)(f)1.
1. Trachemys scripta elegans (Red-eared slider) with a carapace (top shell) length less than 4 inches.
NR 40.05(3)
(3) Actions restricted by this classification; exemptions. NR 40.05(3)(a)(a) Except as otherwise provided in
pars. (b) to
(o), no person may do any of the following:
NR 40.05(3)(a)1.
1. Transport, possess, transfer or introduce a restricted invasive fish or crayfish species identified or listed under
sub. (2).
NR 40.05(3)(a)2.
2. Transport, transfer or introduce any other restricted invasive species identified or listed under
sub. (2).
NR 40.05(3)(b)
(b) Paragraph (a) does not apply to a person who transports, possesses, transfers or introduces a restricted 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 40.05 Note
Note: Paragraph (b) does not apply to preventive measures set out in s.
NR 40.07.
NR 40.05(3)(c)
(c) If authorized by a permit issued by the department under this chapter, a person may transport, possess, transfer or introduce a restricted invasive species for research, public display, or for other purposes specified by the department in the permit.
NR 40.05(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.
NR 40.05 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 40.05(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 40.05(3)(f)
(f) A person may transport or give away a restricted invasive species for the purpose of identification, education, control or disposal without a permit issued by the department under this chapter, if no viable individual specimens or propagules are allowed to escape or be introduced. This paragraph does not apply to aquatic plants, algae and cyanobacteria, terrestrial and aquatic vertebrates or fish species.
NR 40.05(3)(g)
(g) For aquatic plants, algae and cyanobacteria, a person may transport or give away a restricted invasive species for the purpose of identification, control or disposal without a permit issued by the department under this chapter if the restricted invasive species is listed on the department's website as present in the waterbody from which the aquatic plant, algae or cyanobacteria came or, if the restricted invasive species is not listed, the person reports the restricted invasive species to the department within 30 days.
NR 40.05 Note
Note: Reports required by par. (g) shall be sent to:
NR 40.05 Note
Aquatic Invasive Species Coordinator
Wisconsin Department of Natural Resources
141 NW Barstow St., Room 180
Waukesha, WI 53188
NR 40.05 Note
Note: New populations of restricted aquatic plant species may be reported to the appropriate department regional aquatic invasive species coordinator. For a list of known waterbodies with restricted aquatic plant, algae and cyanobacteria species, see
http://dnr.wi.gov/invasives/aquatic. To contact the appropriate aquatic invasive species coordinator see
http://dnr.wi.gov/invasives/aquatic/contacts/.
NR 40.05(3)(h)
(h) Restricted plant species parts that are incapable of reproducing or propagating may be transported, transferred or introduced without a permit issued by the department under this chapter.
NR 40.05(3)(i)
(i) Multiflora rose, when used as root stock for ornamental roses, may be transported, transferred or introduced without a permit issued by the department under this chapter.
NR 40.05(3)(j)
(j) Koi carp and goldfish may be transported, possessed or transferred without a permit issued by the department under this chapter but koi carp may not be used as bait or introduced to any water of the state except waters of the state that are artificial, entirely confined and retained upon the property of a person, do not drain to other waters of the state, are not subject to intermittent or periodic flooding, and are not connected to any other water of the state.
NR 40.05 Note
Note: Section
NR 20.08 (1) prohibits the use of goldfish as bait and the possession of goldfish in any form or manner on any water of the state.
NR 40.05(3)(k)
(k) If held in a safe facility, rusty crayfish, nonviable fish species and nonnative viable fish species in the aquarium trade may be transported, possessed or transferred without a permit issued by the department under this chapter. In addition, rusty crayfish may be transported, possessed or transferred without a permit when being used as bait on the Mississippi river as authorized under
s. NR 19.27 (4) (a) 1. a.
NR 40.05(3)(L)
(L) Nonnative fish species in the aquaculture industry may be transported, possessed in a safe facility, possessed in a registered fish farm, or transferred without a permit issued by the department under this chapter.
NR 40.05 Note
Note: A department permit is required under this chapter and s.
29.735, Stats., to import nonnative fish for the purpose of introduction into any waters of the state, and under s.
29.736, Stats., to stock or introduce any fish, and DATCP regulates fish farms under ch.
ATCP 10.
NR 40.05(3)(m)
(m) 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 restricted invasive species identified or listed under
sub. (2).
NR 40.05(3)(n)
(n) Paragraph (a) does not apply to phragmites associated with a reed bed treatment unit used in a wastewater treatment facility authorized by a WPDES permit under
ch. 283, Stats.
NR 40.05(3)(o)1.
1. A person who holds a scientific collector permit for the invasive species under s.
29.614, Stats.
NR 40.05(3)(o)2.
2. A person who, while lawfully fishing, inadvertently catches a fish invasive species.
NR 40.05 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 40.05(4)
(4) Control requirements. Any person who grows a restricted plant at a nursery shall make a good faith effort to destroy it upon closure of the nursery.
NR 40.05 Note
Note: 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 History
History: 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.
NR 40.06
NR 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 Note
Note: Applications for permits for fish and aquatic invertebrates may be sent to:
NR 40.06 Note
Attn: FH/4
Wisconsin Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921
NR 40.06 Note
Note: Applications for permits for terrestrial plants may be sent to:
NR 40.06 Note
Attn: Forestry Invasive Species Coordinator — FR/4
Wisconsin Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921
NR 40.06 Note
Note: Applications for permits for aquatic plants may be sent to:
NR 40.06 Note
Attn: Aquatic Invasive Species Coordinator
Wisconsin Department of Natural Resources
141 NW Barstow St., Room 180
Waukesha, WI 53188
NR 40.06 Note
Note: Applications for permits for other vertebrates may be sent to:
NR 40.06 Note
Attn: Wildlife Regulation Policy Specialist, WM/6
Wisconsin Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921
NR 40.06 Note
Note: Applications for permits for terrestrial invertebrates and plant disease-causing microorganisms may be sent to:
NR 40.06 Note
Forest Health Protection Program Coordinator
Wisconsin Department of Natural Resources
3911 Fish Hatchery Rd.
Fitchburg, WI 53711
NR 40.06(1)(b)
(b) The department shall act on complete permit applications within 45 days following receipt of the application.
NR 40.06(2)
(2) Approval criteria. The department shall review permit applications to determine whether all of the following criteria are met:
NR 40.06(2)(a)
(a) The applicant is knowledgeable in the proper management or humane care of the invasive species.
NR 40.06(2)(b)
(b) The applicant has an adequate site or facility for containment of the invasive species.
NR 40.06(2)(c)
(c) The applicant has demonstrated to the department's satisfaction that permitted activities will not cause significant ecologic or economic harm or harm to human health.
NR 40.06(2)(d)
(d) The applicant has complied with the conditions of any previous department permits issued under this chapter.
NR 40.06(3)(a)(a) If it determines that there is significant public interest, the department may hold a public informational hearing on a permit application before acting on the application.
NR 40.06(3)(b)
(b) An applicant meeting the criteria described in
sub. (2) may be issued a permit subject to conditions the department considers reasonable.
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(6)
(6) Violations. No person may violate any term of any 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:
NR 40.06(7)(a)
(a) The permit or approval expressly authorizes the transportation, possession, transfer or introduction of the prohibited invasive species listed in
s. NR 40.04 (2), or the restricted invasive species listed in
s. NR 40.05 (2).
NR 40.06(7)(b)
(b) The permit or approval includes legally enforceable requirements that are at least equivalent to those that would be contained in a permit issued by the department under this chapter.
NR 40.06(7)(c)
(c) The person is not in violation of the permit or approval.
NR 40.06 History
History: CR 08-074: cr.
Register August 2009 No. 644, eff. 9-1-09.
NR 40.07(1)(1)
Notification required. Any person who possesses a restricted invasive fish species in a safe facility shall notify the department within 24 hours of any escape of a specimen or viable part of a specimen, or of any failure of the integrity of the safe facility that could allow the escape of any specimen or viable part of a specimen. The notice shall be made in writing by mail or by e-mail and shall include the specific location of the known, suspected, or anticipated escape and the fish species involved.
NR 40.07 Note
Note: The notice shall be mailed to the Director, Bureau of Fisheries Management, Wisconsin Department of Natural Resources, PO Box 7921, Madison, Wisconsin 53707-7921 and e-mailed to
DNRFishHabitatProtection@wisconsin.gov.
NR 40.07(2)
(2) Immediate removal of aquatic plants and aquatic animals and drainage of water. NR 40.07(2)(a)1.
1. Any person who removes a vehicle, boat, boat trailer, boating or fishing equipment, or other equipment or gear of any type from any inland or outlying water or from its bank or shore shall remove all attached aquatic plants and aquatic animals immediately after removing the vehicle, boat, boat trailer, boating or fishing equipment or other equipment or gear from the water, bank or shore and before leaving any boat launch area or associated parking area.
NR 40.07 Note
Note: Section
30.07 (2) (a) and
(b), Stats., prohibit any person from placing or operating a vehicle, seaplane, watercraft, or other object of any kind in a navigable water if it has any aquatic plants or aquatic animals attached to the exterior and from taking off with a seaplane, or transporting or operating a vehicle, watercraft, or other object of any kind on a highway with aquatic plants or aquatic animals attached to the exterior.
NR 40.07(2)(a)2.
2. Any person who removes a vehicle or equipment other than boating or fishing equipment, or gear of any type from any inland or outlying water or from its bank or shore shall drain all water from the vehicle, equipment or gear, including water in any motor, tank or other container, immediately after removing the vehicle, equipment or gear from the water, bank or shore and before leaving any boat launch area or associated parking area.
