Section
23.28 (3), Stats., prohibits the department from allowing any use of a designated state natural area which is inconsistent with or injurious to its natural values, and authorizes the department to establish use zones, control uses within a zone and limit the number of persons using zones in designated state natural areas. Section
27.01 (2) (j), Stats., grants the department authority to promulgate rules necessary to govern the conduct of state park visitors, and for the protection of state park property, or the use of facilities, including the use of boats and other watercraft on lakes or rivers within the limits of a state park, and the use of roads, trails or bridle paths.
Section
29.014 (1), Stats., directs the department to establish and maintain any bag limits and conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing. Section
29.039 (1), Stats., authorizes the department to develop conservation programs to ensure the perpetuation of nongame species, require harvest information and establish limitations relating to taking, possession, transportation, processing and sale or offer for sale, of nongame species. “Nongame species" is defined as any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion that is living in the wild and that is not classified as a game fish, game animal, game bird or furbearing animal. Section
29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters, and outlying waters.
Finally, s.
227.11 (2) (a), Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute. The department considers the rules created by this Order to be necessary to effectuate the purposes of s.
23.22, Stats.
Related statute or rule
Related statutes or rules include but are not limited to the following provisions which, to varying degrees, may apply to the identification, classification, control or other regulation of species that are invasive, or to conduct that may result in the introduction or spread of invasive species:
Statutory section — Title [or subject]
15.347 (18) Invasive species council.
23.093 Carp control research.
23.235 Nuisance weeds.
23.24 Aquatic plants.
26.20 (4) [Railroad right-of-way annual weed removal]
26.30 Forest insects and diseases; department
jurisdiction; procedure.
27.019 (7) (c) [County rural planning - highways only
native plantings allowed]
27.05 (5) and (7) [County authority to manage plants and
control weeds in county waters, parks and county
lands]
29.011 Title to wild animals.
29.047 Interstate transportation of game.
29.053 Specific open and closed seasons.
29.055 Wild animals; possession in closed season or in
excess of bag limit.
29.057 Wild animals; possession in open season.
29.089 Hunting on land in state parks and state fish
hatcheries.
29.091 Hunting or trapping in wildlife refuge.
29.192 Regulation of takings of certain wild animals.
29.301 General restrictions on hunting.
29.307 Hunting with aid of aircraft prohibited.
29.314 Shining animals.
29.327 Regulation of waterfowl blinds.
29.331 Trapping regulation.
29.334 Hunting and trapping; treatment of wild animals.
29.335 Feeding wild animals for nonhunting purposes.
29.337 Hunting and trapping by landowners and
occupants.
29.354 Possession of game birds and animals.
29.407 Transportation of fish.
29.414 Erection of barriers to exclude rough fish.
29.417 Permit to take rough fish.
29.421 Removal of rough fish.
29.424 Control of detrimental fish.
29.509 Bait dealer license.
29.516 Fishing with nets and setlines.
29.601 Noxious substances.
29.604 Endangered and threatened species protected.
29.614 Scientific collector permit.
29.627 Domestic fur–bearing animal farms.
29.701 Propagation of fish; protected wild animals.
29.705 Propagation of fish; removal of fish.
29.733 Natural waters used in fish farms.
29.734 Barriers required for fish farms.
29.735 Importation of fish.
29.736 Stocking of fish.
29.737 Permit for private management.
29.738 Private fishing preserves.
29.741 Food in the wild for game birds.
29.875 Disposal of escaped deer or elk.
29.885 Removal of wild animals.
29.887 Wildlife control in urban communities.
29.924 Investigations; Searches.
29.927 Public nuisances.
29.931 Seizures.
29.934 Sale of confiscated game and objects.
30.07 Transportation of aquatic plants and animals;
placement of objects in navigable waters.
30.1255 Report on control of aquatic nuisance species.
59.70 (17) and (18) [County funds, equipment, fees for pest
and weed control, plant or animal diseases.]
66.0407 Noxious weeds. [local governments]
66.0517 Weed commissioner. [local governments]
66.0627 Special charges for current services. [charges for
weed elimination]
84.07 (3) [DOT highway patrol officers to destroy noxious
weeds on highways]
93.07 Department duties. [Dept. of Agriculture, Trade
and Consumer Protection - pests]
94.01 Plant inspection and pest control authority.
94.02 Abatement of pests.
94.03 Shipment of pests and biological control agents;
permits.
94.10 Nursery stock; inspection and licensing.
94.38 Agricultural and vegetable seeds; definitions.
94.41 Prohibitions. [Sale or distribution of noxious weed
seed]
94.45 Powers and authority of the department.
94.46 Stop sale; penalties; enforcement.
94.69 Pesticides; rules.
94.76 Honeybee disease and pest control.
146.60 Notice of release of genetically engineered
organisms into the environment.
169.04 Possession of live wild animals.
169.06 Introduction, stocking, and release of wild
animals.
169.07 Exhibition of live wild animals.
169.08 Propagation of wild animals.
169.10 Sale and purchase of live wild animals.
169.11 Harmful wild animals.
169.36 Record–keeping and reporting requirements.
182.017 Transmission lines; privileges; damages.
[utility weed control along transmission lines]
281.17 (2) [DNR to supervise chemical treatment of waters
for the suppression of nuisance–producing
organisms that are not regulated by the program
established under s.
23.24 (2).]
237.10 Rapide Croche lock [Fox river lamprey barrier]
Plain language analysis
The proposed rule makes several “housekeeping" changes to ch.
NR 40 relating to the identification, classification and control of invasive species.
