Aegopodium podagraria (Bishop's goutweed)
Alnus glutinosa (Black alder) except all cultivars and hybrids
Artemisia absinthium (Wormwood)
Berberis thunbergii (Japanese barberry). This restriction only applies to the parent type, the variety atropurpurea, the hybrid of B. thunbergii x B. Koreana, and the following cultivars. Berberis thunbergii cultivars: Sparkle, ‘Anderson’ Lustre Green™, Erecta, ‘Bailgreen’ Jade Carousel®, Angel Wings, Painter’s Palette, Inermis (‘Thornless’), Pow Wow, Golden Ring, Kelleriis, Kobold, ‘JN Variegated’ Stardust™ and Antares. Variety atropurpurea cultivars: Marshall Upright (‘Erecta’), Crimson Velvet, ‘Bailtwo’ Burgundy Carousel®, Red Rocket, ‘Monomb’ Cherry Bomb™, ‘Bailone’ Ruby Carousel®, JN Redleaf, Rose Glow and Silver Mile. Hybrid of B. thunbergii x B. koreana cultivars: Tara and ‘Bailsel’ Golden Carousel®.
Caragana arborescens (Siberian peashrub) except the cultivars Lorbergii, Pendula, and Walkerii
Centaurea jacea (Brown knapweed)
Centaurea nigra (Black knapweed)
Centaurea nigrescens (Tyrol knapweed)
Coronilla varia (Crown vetch)
Euonymus alatus (Burning bush) including the cultivar ‘Nordine’ and excluding all other cultivars
Filipendula ulmaria (Queen of the meadow)
Galium mollugo (White bedstraw)
Impatiens balfourii (Balfour's touch-me-not)
Iris pseudacorus (Yellow iris)
Knautia arvensis (Field scabiosa)
Linaria dalmatica (Dalmation toadflax) in Juneau and Bayfield counties
Lysimachia nummelaria (Moneywort) except the cultivar Aurea and yellow and gold leaf forms
Lysimachia vulgaris (Garden yellow loosestrife)
Morus alba (White mulberry) except male cultivars
Myosotis scorpioides (Aquatic forget-me-not)
Myosotis sylvaticum (Woodland forget-me-not)
Najas marina (Spiny naiad)
Phalaris arundinacea var. picta (ribbon grass or gardener’s garters) and other ornamental variegated varieties and cultivars. This restriction only applies to the ornamental variegated varieties and cultivars of Phalaris arundinacea and does not include the parent type reed canary grass.
Pimpinella saxifraga (Scarlet pimpernel)
Populus alba (White poplar)
Robinia hispida (Rose acacia)
Robinia pseudoacacia (Black locust) except all cultivars
Solidago sempervirens (Seaside goldenrod) in Kenosha, Milwaukee and Racine counties
Ulmus pumila (Siberian elm) except hybrids and individuals used as rootstock
Valeriana officinalis (Garden heliotrope)
Cipangopaludina japonica (Japanese trapdoor snail or Japanese mystery snail)
Valvata piscinalis (European valve snail)
Viviparus georgianus (Banded mystery snail)
Agrilus planipennis (Emerald ash borer)
Amynthas or Amynthus species (Crazy worm)Section 48, 50, 52, 54, 56, 58 and 60 update the list of counties with restricted designations for species in the NR 40 Restricted Category (prohibited elsewhere in the state):
Anthriscus sylvestris (Wild chervil) 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
Bunias orientalis (Hill mustard) in Dane, Grant, Green, Iowa, and Lafayette, and Rock counties
Chelidonium majus (Celandine) except in Ashland, Barron, Bayfield, Burnett, Chippewa, Douglas, Dunn, Florence, Forest, Iron, Langlade, Lincoln, Marinette, Oconto, Oneida, Polk, Price, Rusk, St. Croix, Sawyer, Taylor, Vilas and Washburn counties. This species was split-listed and will now be restricted statewide.
Conium maculatum (Poison hemlock) in Crawford, Dane, Grant, Green, Iowa, Jefferson, Kenosha, Lafayette, Milwaukee, Ozaukee, Racine, Richland, Rock, and Sauk, Sheboygan, Walworth, and Waukesha counties
Epilobium hirsutum (Hairy willow herb) in Brown, Calumet, Door, Kenosha , Kewaunee, and Manitowoc county counties
Glyceria maxima (Tall or reed mannagrass) 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
Humulus japonicus (Japanese hops) in Buffalo, Crawford, Dane, Grant, Green, Iowa, Jackson, La Crosse, Lafayette, Monroe, Pepin, Richland, Sauk, Trempealeau, and Vernon counties
Leymus arenarius or Elymus arenarius (Lyme grass or sand ryegrass) in Door, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, and Sheboygan counties
Lonicera maackii (Amur honeysuckle) 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
Torilis japonica (Japanese hedgeparsley 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, and Wood 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 countiesSection 64 and 66 revises scientific names in the NR 40 Restricted Category to include accepted synonyms and renumbers to maintain alphabetical order.
Fallopia japonica var. japonica or Polygonum cuspidatum (Japanese knotweed)
Tanacetum vulgare (Tansy), except the cultivars Aureum and Compactum CrispumSection 70 removes the red-eared slider with a carapace (top shell) less than 4 inches from the NR 40 Restricted Category as the sale of turtles of the size are already banned via Code of Federal Regulation – Title 21.
Section 78 removes the rusty crayfish from the list of species that may be transported, possessed, or transferred without a permit. Additionally this section clarifies that the rusty crayfish may be taken from the Mississippi River for use as bait on the Mississippi River as authorized under ch. NR 19.27 (4) (a) 1. a. While rusty crayfish (Orconectes rusticus) are abundant in many lakes, there are many lakes that are free of this species and their movement should be limited as with other restricted species. This revision will allow live crayfish to be used as bait on the Mississippi River as per NR 19 and will eliminate the exemption that allows live rusty crayfish to be transported. Section 79 clarifies rule language pertaining to dead crayfish as bait, and creates a phase out period for restricted plants to facilitate compliance. The department exemption is explained with SECTION 41.
The use of dead crayfish, including rusty crayfish, on all waters as bait are not prohibited under NR 40, but may be restricted under other applicable department rules relating to the use of bait for fishing purposes.
A phase out period for restricted plants is created, where they may be transported, transferred, and introduced without a permit for a period not to exceed 3 years for herbaceous plants and woody vines, or 5 years for trees and shrubs, from the time that the species was added to the NR 40 Restricted Category. All plants listed in the NR 40 Prohibited Category are not included in this exemption. Plants added to the restricted list after 2009 have the rule’s effective date listed. All plants without an effective date have been restricted since 2009 and remain restricted. Growing out potted trees and shrubs to a marketable size takes several years. When new species that are grown commercially in Wisconsin are added to the invasive species rule, businesses that have these species in inventory may have several years invested in their production. A phase out period for newly listed, restricted plants will reduce the burden for businesses to comply with the invasive species rule. As a similar but shorter investment may be made in planting crops for seed production or herbaceous perennial plants, a two tiered 3 and 5 year phase out period is proposed. This phase out applies only to restricted plants, not prohibited or split-listed species.Section 81 updates the department’s website address.
6. Summary of, and Comparison with, Existing or Proposed Federal Regulations: There are no known proposed federal regulations that would provide the ability for the state to act when newly establishing invasive species are discovered. Existing regulations address a narrow subset of noxious weeds under the Federal Noxious Weed Act (7 U.S.C. 2801 etseq; 88 Stat, 2148) or animals under the Lacey Act (18 U.S.C. 42-43, 16 U.S.C. 3371-3378), primarily species that are already too widespread for a more cost-effective prevention approach. 7. Comparison with Rules in Adjacent States:
Minnesota: Regulates both aquatic and terrestrial invasive species in a process similar to Wisconsin with prohibited, restricted, and non-regulated categories as well as prevention requirements including regulating the transport of water. The species regulated as prohibited include aquatic plants - 14 plus all federally listed species except Ipomoea aquatica, fish - 14, aquatic invertebrates - 5, mammals - 4. The species regulated as restricted include aquatic plants - 6, birds - 3, fish - 5, and aquatic invertebrates - 3. In addition all crayfish are regulated. 8. Summary of factual data and analytical methodologies:
Following the enactment of ch. NR 40, Wis. Adm. Code in September of 2009, a list of species remained in need of assessment. These species and additional species presented to the department formed the list of species considered during NR 40 revisions. For each considered species, department staff completed a literature review to establish the potential ecological and economic threats presented by the species. In 2012, at the request of the Wisconsin Invasive Species Council, species assessment groups (SAGs) convened with the charge of recommending a regulatory category (Prohibited or Restricted) or non-regulatory category (Caution, Pending, Non-restricted, or not invasive) for each considered species to the Council. SAGs are comprised of taxa experts representing governmental, industrial, environmental, educational, and scientific organizations. SAGs are facilitated by DNR staff species experts. Each group utilized the completed literature reviews and professional expert knowledge of the species to make their determinations. The literature reviews are available for review.
For the revision process, eleven SAGs were formed:
2)
Terrestrial Plants: Trees, Shrubs and Vines3)
Terrestrial Plants: Ornamental Forbs and Grasses4)
Terrestrial Plants: Other Forbs and Grasses5)
Terrestrial Plants: Forage, Turf and Biofuels6)
Aquatic Plants, Algae and Cyanobacteria 7)
Aquatic Invertebrates (besides crayfish) 10)
Terrestrial Invertebrates 11)
Vertebrates (except fish) 12)
Fish and Wildlife Diseases (Funguses)
