CR 14-034 Rule Text

Section 1 creates a definition for crayfish in ch. NR 40.

Section 2 revises the following NR 40 definitions:

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The definition of “disposal” is amended to include the consumption of an invasive species as food.

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The definition of “invasive species” is amended to clarify that the department does not consider organisms that are dead as “invasive species”.

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The definition of “pet” is amended to clarify that fish, crayfish and other aquatic invertebrates are not pets. Due to the risk posed by fish, crayfish and by other aquatic invertebrates the definition is revised to exclude these organisms from the exemption provided for pets.

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The definition of “wild animal” is amended to exclude other aquatic invertebrates.

Sections 2 and 32 remove eastern and western mosquitofish from the list of prohibited species under NR 40.04 and adds them to the list of “established nonnative fish species and established nonnative crayfish species” as defined in ch. NR 40.02. “Established nonnative fish species and established nonnative crayfish species” are regulated as a restricted species under ch. NR 40.05 (c) (1). Best management practices (BMPs) to reduce the risk of importing mosquitofish (Gambusia affinis) have been made available, but concerns remain because the BMPs do not provide a guarantee against possible enforcement action. In order to accommodate the use of imported bait that may be contaminated with the species, these revisions move the species from the prohibited category to the in the restricted fish category, “established nonnative fish species.” This revision will not in itself authorize possession of mosquitofish, but would allow the department to permit possession in bait shipments and registered fish farm raceways, subject to specified conditions. This would enable the department to address concerns regarding the potential for dispersal of mosquitofish by bait dealers through additional requirements in permit conditions.

Section 3 clarifies the note on non-regulated species classification and removes the reporting and in-store education suggestions. Additionally, language on the beneficial use of non-restricted invasive species is removed as it creates the false impression that any beneficial use will exempt a species from listing.

Sections 4 and 7 renumber the initial species listed in the NR 40 Prohibited Category to maintain alphabetical order.

Sections 5, 8, 10, 12, 15, 17, 19, 21, 23, 25, 29, 31, 35 and 37 add new species to the NR 40 Prohibited Category. The below species proposed for addition to the prohibited category are invasive species that the department has determined are likely to survive and spread if introduced into the state, potentially causing economic or environmental harm or harm to human health, but which are not found in the state or in those regions of the state where the species are 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.

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Caulerpa taxifolia (Killer algae)

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Achyranthes japonica (Japanese chaff flower)

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Akebia quinata (Fiveleaf akebia or Chocolate vine)

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Arundo donax (Giant reed)

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Azolla pinnata (Mosquito fern)

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Berberis vulgaris (Common barberry)

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Cardamine impatiens (Narrow leaf bittercress)

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Celastrus loeseneri (Asian loeseneri bittersweet)

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Centaurea diffusa (Diffuse knapweed)

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Centaurea repens (Russian knapweed)

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Digitalis lanata (Grecian foxglove)

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Dioscorea batatas or Dioscorea polystacha (Chinese yam)

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Eichhornia azurea (Anchored water hyacinth)

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Eichhornia crassipes (Water hyacinth, floating)

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Fallopia x bohemicum or F. x bohemica or Polygonum x bohemicum (Bohemian knotweed)

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Glossostigma cleistanthum (Mudmat)

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Hydrocotyle ranunculoides (Floating marsh pennywort)

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Hygrophila polysperma (Indian swampweed)

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Impatiens glandulifera (Policeman's helmet)

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Ipomoea aquatica (Water spinach)

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Limnophila sessiliflora (Asian marshweed)

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Linaria dalmatica (Dalmatian toadflax) except in Juneau and Bayfield counties

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Lythrum virgatum (Wanded loosestrife)

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Nelumbo nucifera (Sacred lotus)

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Oenanthe javanica (Java waterdropwort or Vietnamese parsley)

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Oplismenus hirtellus ssp. undulatifolius (Wavy leaf basket grass)

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Ottelia alismoides (Ducklettuce)

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Petasites hybridus (Butterfly dock)

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Phellodendron amurense (Amur cork tree) except male cultivars and seedling rootstock

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Pistia stratiotes (Water lettuce)

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Ranunculus ficaria (Lesser celandine)

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Rubus armeniacus (Himalayan blackberry)

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Sagittaria sagittifolia (Hawaii arrowhead)

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Salvinia herzogii (Giant salvinia)

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Salvinia molesta (Giant salvinia)

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Solidago sempervirens (Seaside goldenrod) except in Kenosha, Milwaukee and Racine counties

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Sorghum halepense (Johnsongrass)

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Stratiotes aloides (Water soldiers)

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Taeniatherum caput-medusae (Medusahead)

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Tussilago farfara (Colt's foot)

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Typha domingensis (Southern cattail)

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Typha laxmannii (Graceful cattail)

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Wisteria floribunda (Japanese wisteria)

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Wisteria sinensis (Chinese wisteria)

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Dikerogammarus villosus (Killer shrimp)

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Limnoperna fortunei (Golden Mussel)

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Melanoides tuberculata (Malaysian trumpet snail)

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Dendroctonus ponderosae (Mountain pine beetle)

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Geosmithia morbida (Thousand cankers disease of walnut)

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Pityophthorus juglandis (Walnut twig beetle)

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Myocastor coypus (Nutria)

Sections 6 and 45 clarify that certain invasive plants are listed under both the prohibited and restricted categories in ch. NR 40. These plant species are sometimes called split listed plants. Split listed plants are currently isolated to a specific region in the state but if introduced into other parts of the state are likely to survive and spread, potentially causing significant environmental or economic harm or harm to human health. These plants are regulated as restricted in the counties listed that have known populations and are prohibited elsewhere in the state.

Sections 9, 11, 14, 18, 20, 22, 24 and 30 update the list of county exceptions for split listed plants in the NR 40 Prohibited Category. Species are restricted in the listed counties and are prohibited elsewhere.

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Anthriscus sylvestris (Wild chervil) except in Adams, Barron, Chippewa, Crawford, Columbia, Dane, Dodge, Dunn, Fond du Lac, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, Lacrosse, Lafayette, Marquette, Milwaukee, Monroe, Ozaukee, Polk, Racine, Richland, Rock, Sauk, Sheboygan, Taylor, Vernon, and Walworth, Waukesha, and Washington counties

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Bunias orientalis (Hill mustard) except in Dane, Grant, Green and, Iowa, Lafayette, and Rock counties

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Cirsium palustre (European marsh thistle) except in Ashland, Bayfield, Chippewa, Clark, Door, Florence, Forest, Iron, Langlade, Lincoln, Marathon, Marinette, Menominee, Oconto, Oneida, Price, Rusk, Sawyer, Shawano, Taylor and Vilas counties

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Conium maculatum (Poison hemlock) except in Crawford, Dane, Grant, Green, Iowa, Jefferson, Kenosha, Lafayette, Milwaukee, Ozaukee, Racine, Richland, Rock, and Sauk, Sheboygan, Walworth, and Waukesha counties

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Epilobium hirsutum (Hairy willow herb) except in Brown, Calumet, Door, Kenosha , Kewaunee, and Manitowoc county counties

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Glyceria maxima (Tall or reed mannagrass) except in Brown, Calumet, Columbia, Dane, Dodge, Door, Fond du Lac, Green, Jefferson, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, Walworth, Washington, Waukesha and Winnebago counties

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Humulus japonicus (Japanese hops) except in Buffalo, Crawford, Dane, Grant, Green, Iowa, Jackson, La Crosse, Lafayette, Monroe, Pepin, Richland, Sauk, Trempealeau, and Vernon counties

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Leymus arenarius or Elymus arenarius (Lyme grass or sand ryegrass) except in Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, and Sheboygan counties

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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

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Torilis japonica (Japanese hedgeparsley or erect hedgeparsley) 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, and Wood except in Adams, Brown, Calumet, Columbia, Crawford, Dane, Dodge, Door, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, Kewaunee, La Crosse, Lafayette, Langlade, Manitowoc, Marathon, Marinette, Marquette, Menominee, Milwaukee, Monroe, Oconto, Outagamie, Ozaukee, Portage, Racine, Richland, Rock, Sauk, Shawano, Sheboygan, Vernon, Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago counties

Sections 13 and 36 remove the following species from the NR 40 Prohibited Category.

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Chelidonium majus (Celandine), a split listed plant, is proposed to be listed in the Restricted Category statewide.

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Agrilus planipennis (Emerald ash borer) is proposed to be moved from the Prohibited Category to the Restricted Category.

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Amynthas or Amynthus species (Crazy worm) are proposed to be moved from the Prohibited Category to the Restricted Category.

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Cryptococcus fagisuga (Scale associated with beech bark disease) is proposed for delisting from both of Wisconsin’s regulated invasive species lists.

Sections 16, 26, 27, 28, and 38 revise scientific and common names in the NR 40 Prohibited Category to include accepted synonyms. Giant knotweed is renumbered to maintain alphabetical order.