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.
SECTION 1. of the proposed Order creates a definition for the term “aquatic invasive species." The definition is needed for clarification of an existing rule that authorizes the department to remove detrimental fish and other aquatic invasive species from waters of the state.
SECTION 2. revises the current definitions of “established" and “propagules," to clarify that they apply to organisms other than plants, such as disease-causing microorganisms. It also modifies the definition of “wild animal" to clarify that crayfish as well as fish are excluded from that term, consistent with the regulatory approach taken in the rest of ch.
NR 40 regarding invasive fish and crayfish species.
SECTIONS 3. and 8. of this proposed Order revise the descriptions of the boundary lines for 6 split-listed invasive plant species (i.e., plants that are listed both as “prohibited" in one part of the state and as “restricted" in another part of the state). In order to be consistent with other split-listed invasive plant species described in ch.
NR 40, the prohibited and restricted area descriptions for these 6 plants are changed from areas marked by boundary lines consisting of highways to areas that are defined by named counties. SECTIONS 3. and 8. also revise the “prohibited" and “restricted" invasive plant species listings for
Conium maculatum (Poison hemlock). The plant currently is listed as “prohibited" in all counties except Iowa and Grant counties, where it is listed as “restricted." The plant's status in Crawford, Dane, Green, Lafayette, Rock, Richland and Sauk counties is changed from “prohibited" to the reduced regulatory status of “restricted" due to its recently discovered relative abundance in those counties. The revisions also correct the order of the county names to be alphabetical.
SECTION 4. corrects the scientific name of snakehead fish, corrects inconsistencies in the use of Italic font for species scientific names, corrects the revised list of prohibited fish species to be in alphabetical order, specifically lists or names the snakehead fish species that are considered viable in Wisconsin waters, and adds an informational Note that identifies nonnative fish species that the department has determined are not viable.
SECTIONS 5., 6., 7., 9., 10., 11., 12., 13. and 15. create or amend informational Notes to various provisions of ch.
NR 40. The Notes are created or revised to reflect changes made by
2009 Wisconsin Act 55 or changes made elsewhere in this proposed rule, or to correct staff position titles, email addresses or Internet links or other similar information.
SECTION 14. revises the current bans in ch.
NR 40 on the highway transport or launching of any vehicle, boat, boat trailer or other equipment that has an aquatic plant or aquatic animal attached. The revisions remove code language made largely redundant by the adoption of s.
30.07, Stats., as created by
2009 Wisconsin Act 55, effective November 12, 2009. Section
30.07, Stats., includes a ban on the placement or operation in navigable waters of any vehicle, watercraft or equipment with aquatic plants or aquatic animals attached to the exterior. As a compliment to s.
30.07, Stats., the proposed rule retains and revises language in ch.
NR 40 banning the placement or operation in wetlands or non-navigable waters of any vehicle, watercraft or equipment with aquatic plants or aquatic animals attached to the exterior. The proposed rule exempts native duckweed and wild rice like s.
30.07, Stats., but unlike the statute, the proposed rule retains an exemption for vehicles, watercraft and equipment engaged in fire suppression.
SECTION 16. of the proposed rule removes an unnecessary regulatory permit requirement that duplicated an existing statutory requirement relating to the introduction of nonnative aquatic plants. References to nonnative aquatic plants are removed from s.
NR 40.07 (7) and the remaining rule is revised, for consistency, to require a ch.
NR 40 permit instead of a “written exemption" to introduce nonnative
algae and cyanobacteria to waters of the state. A Note is added referring to the existing statutory permit requirement under s.
23.24, Stats., for introduction of nonnative aquatic
plants.
Comparison with federal regulations
There are no directly comparable federal regulations.
Comparison with rules in adjacent states
Because the proposed rule consists only of unique “housekeeping" revisions to existing administrative rules, no comparison is possible.
Factual data and analytical methodologies
Department staff and members of the public identified drafting errors and potential problems in ch.
NR 40 after it was adopted effective September 1, 2009. In addition, a review of ch.
NR 40 was conducted after the enactment of
2009 Wisconsin Act 55 (effective November 12, 2009) to identify how ch.
NR 40 should be revised to conform to the Act.
Analysis and supporting documents used to determine the effect on small businesses
The proposed rule is intended to correct drafting errors, clarify existing code language, harmonize the existing code with new statutory provisions by eliminating redundancies, and accomplish other, similar “housekeeping" changes. It does not establish any new requirements.
Small Business Impact
The proposed rule is not expected to have a significant adverse effect on a substantial number of small businesses and may have favorable effects on a number of businesses by correcting and clarifying existing rules and by adding informational Notes to ch.
NR 40.
Interested parties may include the plant nursery industry, seed and agriculture industries, fish farmers, bait dealers, aquarium and ornamental fish dealers, land owners and managers, commercial fishers, anglers, gardeners, county and municipal governments, lake districts, government agencies, environmental and conservation organizations, and the Wisconsin Invasive Species Council.
Enforcement of ch.
NR 40 will not change as a result of the proposed rule. Enforcement will vary depending on the species being regulated and the applicability of other rules and statutes. For forest or plant pests and aquaculture, the department and DATCP share regulatory responsibility. The department has (or will develop) memoranda of agreement with DATCP to clarify what aspects of ch.
NR 40 and related rules will be enforced by each agency.
The department will normally follow an informal, stepped enforcement process in order to obtain compliance with the revised invasive species rules. This involves informal discussions between department staff and the landowner or company, notifying the person of potential violations and providing guidance on how to comply with the rules. Notices of non-compliance may follow if necessary. If formal enforcement is necessary, these revised rules and permits issued under the revised rules will be enforced by department conservation wardens, county district attorneys, and circuit courts through the use of citations and civil or criminal complaints. Civil and criminal enforcement may also be carried out by department referral of violations to the Wisconsin Attorney General, with prosecution and abatement actions in the circuit courts. Criminal enforcement will be limited to intentional violations. Finally, violations of the permits issued under revised ch.
NR 40 also may be enforced by administrative permit revocation proceedings.
Initial regulatory flexibility analysis
Pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses but is not expected to have a significant adverse effect on a substantial number of small businesses and may have favorable effects on a number of businesses by correcting and clarifying existing rules and by adding informational Notes to ch.
NR 40. The department's initial regulatory flexibility analysis is as follows:
Type of small business that will be affected by the rule.
Small businesses that may be affected by the proposed rule include the plant nursery industry, seed and agriculture industries, fish farmers, bait dealers, aquarium and ornamental fish dealers, businesses that own or manage land, and commercial fishers.
Reporting, bookkeeping and other procedures required for compliance with the rule.
No new reporting, bookkeeping or other procedures are created by the proposed rule.
Type of professional skills necessary for compliance with the rule.
No new professional skills are needed to comply with the proposed rule.
Small business regulatory coordinator
