NR 40.06(7)(7)Other permits or approvals. A person who holds a permit or approval issued by the department under another chapter or a statute other than s. 23.22, Stats., is not required to hold a permit under this chapter to transport, possess, transfer or introduce a prohibited invasive species listed in s. NR 40.04 (2), or a restricted invasive species listed in s. NR 40.05 (2), if the department determines that all of the following apply:
NR 40.06(7)(a)(a) The permit or approval expressly authorizes the transportation, possession, transfer or introduction of the prohibited invasive species listed in s. NR 40.04 (2), or the restricted invasive species listed in s. NR 40.05 (2).
NR 40.06(7)(b)(b) The permit or approval includes legally enforceable requirements that are at least equivalent to those that would be contained in a permit issued by the department under this chapter.
NR 40.06(7)(c)(c) The person is not in violation of the permit or approval.
NR 40.06 HistoryHistory: CR 08-074: cr. Register August 2009 No. 644, eff. 9-1-09.
NR 40.07NR 40.07Preventive measures.
NR 40.07(1)(1)Notification required. Any person who possesses a restricted invasive fish species in a safe facility shall notify the department within 24 hours of any escape of a specimen or viable part of a specimen, or of any failure of the integrity of the safe facility that could allow the escape of any specimen or viable part of a specimen. The notice shall be made in writing by mail or by e-mail and shall include the specific location of the known, suspected, or anticipated escape and the fish species involved.
NR 40.07 NoteNote: The notice shall be mailed to the Director, Bureau of Fisheries Management, Wisconsin Department of Natural Resources, PO Box 7921, Madison, Wisconsin 53707-7921 and e-mailed to DNRFishHabitatProtection@wisconsin.gov.
NR 40.07(2)(2)Immediate removal of aquatic plants and aquatic animals and drainage of water.
NR 40.07(2)(a)(a) Except as provided in pars. (b) to (g):
NR 40.07(2)(a)1.1. Any person who removes a vehicle, boat, boat trailer, boating or fishing equipment, or other equipment or gear of any type from any inland or outlying water or from its bank or shore shall remove all attached aquatic plants and aquatic animals immediately after removing the vehicle, boat, boat trailer, boating or fishing equipment or other equipment or gear from the water, bank or shore and before leaving any boat launch area or associated parking area.
NR 40.07 NoteNote: Section 30.07 (2) (a) and (b), Stats., prohibit any person from placing or operating a vehicle, seaplane, watercraft, or other object of any kind in a navigable water if it has any aquatic plants or aquatic animals attached to the exterior and from taking off with a seaplane, or transporting or operating a vehicle, watercraft, or other object of any kind on a highway with aquatic plants or aquatic animals attached to the exterior.
NR 40.07(2)(a)2.2. Any person who removes a vehicle or equipment other than boating or fishing equipment, or gear of any type from any inland or outlying water or from its bank or shore shall drain all water from the vehicle, equipment or gear, including water in any motor, tank or other container, immediately after removing the vehicle, equipment or gear from the water, bank or shore and before leaving any boat launch area or associated parking area.
NR 40.07 NoteNote: Section NR 19.055 (1) requires any person who removes a boat, boat trailer, boating equipment or fishing equipment from any inland or outlying water or its bank or shore to immediately drain all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container immediately after removing the boat, boat trailer, boating equipment or fishing equipment from the water, bank or shore, with certain exceptions.
NR 40.07 NoteNote: Chapters NR 320, 323, 328, 329, 341, 343 and 345, relating to general navigable waters permit criteria, set out equipment decontamination requirements to stop the spread of invasive species from one waterway to another and require removal of all plants, animals, mud, debris, etc., before and after use.
NR 40.07 NoteNote: See ss. 30.18 (2) and 31.02 (1), Stats., regarding the diversion or withdrawal of water from lakes and streams. Withdrawals are regulated through individual permits that may consider the associated risk of spreading invasive species.
NR 40.07(2)(b)(b) The department may exempt any vehicle, equipment or gear in writing from par. (a) 1. or 2. if it determines that it will not allow invasive species to be transported to other waters.
NR 40.07(2)(c)(c) Paragraph (a) does not apply to decontaminated equipment, tanks or containers when used for the operation or maintenance of dry fire hydrants that are subject to ch. NR 329.
NR 40.07 NoteNote: See s. NR 329.04 (1) (c) 5. and (2) (c) 4. c. regarding the maintenance and operation of dry fire hydrants.
NR 40.07(2)(d)(d) Paragraph (a) 1. does not apply to an aquatic animal whose possession is authorized by department rule.
NR 40.07 NoteNote: An example of an aquatic animal whose possession is authorized by department rule is a dead game fish taken in compliance with ch. NR 20.
NR 40.07(2)(e)(e) Paragraph (a) 2. does not apply to water in closed engine cooling systems or to tanks or containers of potable drinking water or other beverages meant for human consumption.
NR 40.07(2)(f)(f) Paragraph (a) 2. does not apply to water in a container that holds live bait minnows obtained from a Wisconsin bait dealer, if the container holds no other fish, contains 2 gallons or less of water, and is used to transport only live minnows that have not been exposed to water or fish from that inland or outlying water or will be used for bait only on the same inland or outlying water, its bank or shore.
NR 40.07 NoteNote: The transport of live fish and fish eggs away from any inland or outlying water or its bank or shore is prohibited by s. NR 19.05 (3), with certain exceptions.
NR 40.07(2)(g)(g) Paragraph (a) does not apply to vehicles, equipment, or gear while engaged in fire suppression.
NR 40.07(3)(3)Transport of vehicles and equipment into Wisconsin; removal prior to entry of aquatic plants and aquatic animals and drainage of water.
NR 40.07(3)(a)(a) Except as provided in pars. (b) to (d), no person may do any of the following:
NR 40.07(3)(a)1.1. Transport over land from another state any vehicle, boat, boat trailer, boating or fishing equipment, or other equipment or gear of any type for use on any water of the state or its bank or shore unless the person first removes all attached aquatic plants and aquatic animals from the vehicle, boat, boat trailer, boating or fishing equipment, or other equipment or gear of any type before entering the state.
NR 40.07 NoteNote: Section 30.07 (2) (a) and (b), Stats., prohibit any person from placing or operating a vehicle, seaplane, watercraft, or other object of any kind in a navigable water if it has any aquatic plants or aquatic animals attached to the exterior and from taking off with a seaplane, or transporting or operating a vehicle, watercraft, or other object of any kind on a highway with aquatic plants or aquatic animals attached to the exterior.