“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
“Non-reproductive" means, for plants, not capable of reproduction sexually or asexually.
“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.
“Open pond" means an outdoor pond that is not entirely covered to prevent the escape of fish.
“Order" means an element of the Linnean taxonomic classification system, unless the context indicates otherwise.
“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.
“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.
“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.
“Plant taxa" mean taxonomic categories or units of plant classification, such as family, genus, species, variety and cultivar.
“Possess" means to own, maintain control over, restrain, hold, grow, raise or keep.
“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.
“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.
“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.
“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
. 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
as prohibited or restricted, and that there are no other listed invasive species comingled with the species being transferred.
“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.
“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.
“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.
“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.
“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