Wisconsin DNR's Proposed Invasive Species Identification, Classification and Control Rule – NR 40

Why does Wisconsin need an invasive species rule?

Invasives species are a known threat to the aquatic and terrestrial resources of Wisconsin. Current state and federal laws on invasive species are inconsistent between species groups. For some, such as fish and forest insects and diseases, there are a number of existing laws that give the Department of Natural Resources (DNR) and the Department of Agriculture, Trade and Consumer Protection (DATCP) authority to regulate them in some ways. For other groups of species, such as terrestrial plants, existing state and federal laws are very limited and there are no state agencies with regulatory authority.

The proposed rules will establish a fairly consistent and comprehensive classification and regulatory system for all listed invasive species. The classification will help DNR staff and others to prioritize efforts, focusing on those species where identification and control will have the most benefit for the very limited resources that are available for such work. The rules will set specific restrictions on actions such as sales, transporting and planting or releasing certain species to the wild. It will allow DNR to work with local units of government and landowners to quickly contain infestations of newly arrived species likely to become problematic.

Description of the Rule

The Department of Natural Resources (DNR) and the Wisconsin Council on Invasive Species (Council) have been working over the last four years to develop rules to classify and regulate invasive species.. The purpose of these rules is to prevent and minimize the introduction and spread of invasive species in the state. The key components of the rule package include: 1) the legal classification categories - prohibited and restricted; 2) criteria for classifying species; 3) a listing or identification of invasive species by category; 4) actions that would be prohibited or restricted; 5) exemptions for possession, sale or other activities involving some invasive species under specific conditions or when authorized by a permit from the Department 6) control requirements and 7) specific enforcement actions that could be taken.

The rule will identify invasive species in each specific category based on the criteria and will place restrictions on those species that are classified as prohibited or restricted. Regulatory controls are also placed on pathways of introduction or spread of invasive species (e.g., remove aquatic plants and animals from equipment when leaving the water, bank or shore).

Details of the Rule Development Process

Wisconsin Statutes section 23.22 establishes the Wisconsin Council on Invasive Species as an advisory body to the DNR. It also directs the DNR to develop a classification system for invasive species and identify allowable actions for those species.

The Research Subcommittee of the Council developed a set of criteria for assessing the species to be classified. Department staff, with input from the Council and others, developed lists of species to be assessed and had summaries written of the available literature on each of those species, specifically regarding the assessment criteria. These literature summaries (available in the classification table) were reviewed by land managers and species specialists. Species Assessment Groups (SAGs) were developed to assess the species to make recommendations to the Council. The SAGs (which are comprised of experts in their respective fields and stake-holder groups) used the criteria for species selection to advise the Council on the placement of species in specific categories. Separate SAGs have been developed for specific categories including: aquatic plants and algae, woody plants and vines, terrestrial herbaceous plants, fish and aquatic invertebrates, terrestrial vertebrates, terrestrial invertebrates and plant disease-causing microorganisms. The SAG process was an attempt to gather expertise and input from a wider range of specialists prior to taking the draft rules to the public for their input. This process has also resulted in the documentation of the recommendations made for the classification of each species.

In September, 2007, the SAGs met to review and assess the species and to make recommendations to the Council as to the categories they might be placed in. The Council then made recommendations to the DNR, which are summarized in the Assessment Summary Tables. Please note that the numbers that are listed in the comments of the summary table are associated with an individual SAG member, in an effort to maintain anonymity.

Literature Reviews and Group Reporting Forms - The literature reviews for all species are linked in the Classification Tables. Photographs & factsheets are linked here as well. The SAG meeting documented the individual voting of each SAG member in Group Rating Forms that are also linked to each species in the classification table. For some species notes are included to clarify how those species would be regulated. For some plant species a map icon is shown next to the scientific name. For those species they are listed as restricted in those parts of the state where populations are known to be too large to realistically attempt eradication. They are listed as prohibited only in those areas where they are not yet known to exist or are only known in a few small populations that may be feasible to eradicate.

Public Participation Process

As this is a complex rule involving hundreds of diverse species, the rule development process included an informal public participation process. Listening sessions were held around the state for the public and department staff. Comments were invited via mail or email. Hundreds of people participated in the sessions and several hundred more submitted comments. Significant changes were made to the proposed rule based upon those comments.

At the June 2008 Natural Resources Board Meeting, the department received authorization to hold public hearings. Public hearings were held in August, 2008. Hundreds of people either attended the hearings or submitted comments. Many comments were received on many aspects of the rule. Based on those comments DNR staff has since revised the rule accordingly. The most significant comments and the department responses to them are summarized in the hearing synopsis. The revised rule has been submitted to the Natural Resources Board for their April 22 meeting in West Bend, Wisconsin. The proposed rule, along with the entire rule (green sheet) package, is available within this webpage. In addition to the hearing synopsis, staff developed an extensive summary of the comments and responses to them. If you are interested in this detailed list of comments and responses, please contact Kelly Kearns.

The Rule Package

Proposed administrative rules include several components. All are linked here:

• Greensheet Package