Chapter NR 40
Wisconsin's Invasive Species Identification, Classification and Control

• Introduction
• What the Rule Does
• Measures to Allow Fast Action
• Preventive Measures
• Why the Rule is Needed
• How to Comply with the Rule
• Contacts
• FAQ

Introduction

In 2001 the Wisconsin Legislature directed the Department of Natural Resources to establish a statewide program to control invasive species, and to promulgate rules to identify, classify and control invasive species for purposes of the program. By 2004, the Wisconsin Council on Invasive Species formed to assist DNR with this task.

As a result, Chapter NR 40, Wisconsin's Invasive Species Identification, Classification and Control Rule was created. NR 40 took effect on September 1, 2009 and helps citizens learn to identify and minimize the spread of plants, animals and diseases that can invade our lands and waters and cause significant damage.

• Invasive species are non-native plants, animals and pathogens whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
• Invasive species can alter ecological relationships among native species and can affect ecosystem function and structure, economic value of ecosystems, and human health.
• There are many non-native plants that are invasive in forests, grasslands, wetlands, lakes and rivers. They displace native species and disrupt wildlife habitat.
• Invasive species threaten Wisconsin's traditions, environment and economy in every corner of our lands and waters.

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What the Rule Does

The Chapter NR 40 rule creates a comprehensive, science-based system with criteria to classify invasive species into 2 categories: "Prohibited" and "Restricted". With certain exceptions, the transport, possession, transfer and introduction of Prohibited species is banned. Restricted species are also subject to a ban on transport, transfer and introduction, but possession is allowed, with the exception of fish and crayfish. DNR may issue permits for research or public display of any listed invasive species. For species other than invasive fish and crayfish, permits may also be issued for any other purpose. The rule also defines the terminology used.

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Measures to Allow Fast Action

The rules are aimed at preventing new invasive species from getting to Wisconsin, and enabling quick action to control or eradicate those here but not yet established. With landowner permission or a judicial inspection warrant, DNR may inspect for, sample and control Prohibited species only. People found responsible for a Prohibited species' presence on property they own, control or manage may be ordered to carry out approved control measures. If a control order is not followed, and DNR takes control measures, DNR may seek cost-recovery. Control of Restricted species is encouraged, but not required. Incidental or unknowing transport, possession, transfer or introduction of a listed invasive species without a permit is exempt if DNR determines that it was not due to the person's failure to take reasonable precautions.

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Preventive Measures

The rules also include preventive measures that are not species-specific but instead address common pathways that may allow invasives to spread. These measures complement existing statutes and rules such as the VHS rules and include requirements to remove aquatic plants and animals and drain water from vehicles, boats, trailers and equipment upon removal from the water and to remove aquatic plants and animals from any vehicle, boat, trailer or equipment before placing it in any water of the state or transporting it on a highway.

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Why the Rule is Needed

Without this rule, different invasive species groups are not treated consistently, making concerted action less likely. Federal and state laws provide regulations and resources for early detection and quarantine for invertebrates and disease-causing organisms. State law limits the release of non-native fish and other vertebrates into the wild. However, there are very few federal or state laws that relate to non-native plants. Local noxious weed ordinances are erratic and often uneven in their implementation. This rule allows the Department to have more consistent authority and actions between the species groups and to provide one clear, state-wide law that is reasonable and feasible.

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How to Comply with the Rule

The Invasive Species Rule (Wis. Adm. Code Chapter NR 40) makes it illegal to possess, transport, transfer, or introduce certain invasive species in Wisconsin without a permit. Everyone is responsible to comply with these regulations. What you need to do as an individual, business, or organization may vary depending on your type of work and activities. Any activities that include habitat restoration, soil movement, outdoor recreation, water usage, landscaping, gardening, or habitat management may encounter invasive species.

LEARN

• Become familiar with Chapter NR 40 and how the rule may impact your work.
• Become familiar with the listed species and their regulated status for your county.

Terrestrial Plants

Aquatic Plants

Wetland Plants

Animals and Others

TAKE PREVENTATIVE ACTION

• Don't buy, sell, transport, or introduce invasive species without a permit.
• Inspect boats, trailers, and equipment and remove invasive species.
• Don't use regulated species in plantings or projects.
• Don't move firewood.
• To learn about what else you can do, visit our prevention page.

TAKE POSITIVE ACTION

• Report prohibited species populations to Invasive.Species@wi.gov.
• Follow Best Management Practices for your field or area of focus.
• Plant and promote beautiful non-invasive alternatives.
• Understand the laws and help spread the word!

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Contacts

For more information on NR 40 or to report a classified species please contact Melinda Wilkinson, Invasive Species Project Coordinator, (608) 266-6437 or see the list of complete contacts below.

Additional Contacts

• Chrystal Schreck, NR 40 Outreach and Education, (608) 264-8590
• Complete list of DNR invasive species contacts

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Frequently Ask Questions for Chapter NR 40

What does this rule do?

As of September 1, 2009, chapter NR 40, Wisconsin Administrative Code, establishes a classification system for invasive species and regulates those in the prohibited and restricted categories. It also establishes preventive measures that when followed, will help minimize the spread of invasive species into or around the state.

How will this rule affect people?

Many people in the state will be affected in some way. For example, boaters may be asked to clean weeds off their boat and trailer when leaving a lake while others may find that they can no longer purchase certain invasive plants for their yards. A very small number of people will have prohibited species show up on their land, some unintentionally, others knowingly. They may be asked to attempt to control these species. DNR will offer technical, and where possible, financial assistance to control prohibited species.

Where can I find out more about the rule?

See Chapter NR 40 - Wisconsin's Invasive Species Identification, Classification and Control Rule; or call (608) 267-5066

What happens if I have a Restricted species on my property?

Those species that are too widespread to realistically expect they can be eradicated or contained are generally classified as "Restricted". With the exception of fish and crayfish, it will not be illegal to possess restricted species. If a restricted species is just starting to spread in your area or on your land, you are encouraged to try to control it and keep it from spreading. For more about control recommendations, see Invasive Species Control Methods.

What happens if I have a Prohibited species on my property?

Prohibited species are the new invasives, not yet in the state or only in small populations that have the potential to cause significant damage if they are allowed to spread and become established. Regardless of where they are found, the objective is to contain their spread. If a prohibited species is thought to be on your property, you may be asked if someone can go on the property to verify the species identity, assess the population to determine if control is reasonable and feasible and help to develop a management plan. DNR or its partners will provide technical advice on control, and where possible and with your permission, will assist with the control or seek funding for the work. If you refuse to allow entry and the department staff determines it is critical to assess and control the population, then DNR staff may need to go to a local judge to get an inspection warrant. If you refuse to do or allow the control work, and DNR determines that you are responsible for the species' presence on your property, you may receive a control order. If you don't comply with the control order and the department must do the work, the department may seek reimbursement for costs incurred.

Who will conduct and pay for the inventory and control work?

At this point there has been no money designated specifically for implementing this proposed rule. For some species (i.e., forest pests and aquatic species) there are existing programs that have staff and some funding that may be used to help with inventory, surveys and where necessary, control. For other species (i.e., terrestrial vertebrates and plants) there are few funds for invasive species. Existing funds are generally for specific projects, such as inventory on state forests or the development of Best Management Practices. Grants and other funding sources will be sought to help landowners and public lands conduct inventory and control efforts. The department works with many partner organizations such as regional Cooperative Weed Management Areas that will be helping with some training, inventory, and in some cases, control. DNR field staff will be called on as needed. However, if no funding assistance can be located, the financial responsibility for control of prohibited species, if required, lies with the landowner.

I have non-native ornamental plantings, will I have to remove them and can I get replacements if they die?

Most non-native ornamental plantings are not invasive and are fine to use. If you have one of the few prohibited species that is used ornamentally you may be asked to remove it. There is currently no funding available to provide replacement plantings.

What if I inadvertently transport a listed species while I'm doing my job or enjoying the outdoors?

Utilities, loggers and roadside managers, among others, are concerned that they may be violating the rule by inadvertently transporting invasive species. There is an exemption in the rule that allows for incidental or unknowing transport, possession, transfer or introduction of listed species if the person is taking reasonable precautions. These precautions are further detailed to include best management practices and similar prevention guidelines. More about some of these BMPs, Wisconsin's Council on Forestry [exit DNR].

What kind of business and industry will be impacted by NR 40?

Most of the major stakeholders who will be affected by this rule have been involved since early on in its development. These include nurseries, landscapers, water gardeners, aquatic plant control companies, aquaculture, forest industries, bait dealers, pet dealers, outdoor recreation groups, utilities and others. The Green Industry Federation, many utilities, forestry companies and others submitted comments and have met with department staff to ensure that their concerns are addressed in the rule. Most expressed that they were satisfied with the rules as we described the revisions. Several expressed their support. These industries should take care not to buy or sell the classified species. They should also attempt to follow the BMP's to minimize the spread of these species.

I have a pet that is listed in the rule, how will NR 40 affect me?

The rule was recently revised so that now only a few species of terrestrial vertebrates are listed as prohibited (monk parrot and feral hogs) or restricted (red-eared sliders under 4"). If they are kept as pets, these animals may be possessed, transferred and transported without a permit, but may not be introduced to the wild.

Why are fish listed differently then other species?

Unless listed as "restricted", all non-native fish are considered "prohibited". Because fish (and wildlife to a lesser extent) are already heavily regulated and control in the wild is very difficult or impossible, this approach meshes or brings together existing rules and regulations in a reasonable and enforceable manner. The rules attempt to accommodate the needs of existing aquarium, bait and aquaculture industries.

Will other species be added to the list and how?

Not all invasive species were assessed and classified in this rule. There are a number of species, primarily plants, that are known or thought to be invasive and that are used for landscaping, agriculture or erosion control. More work needs to be done to determine which cultivars may or may not be invasive and how the rule can be written to include these species as invasive while still allowing reasonable uses that do not lead to their spread in the wild.

How do I know if I need a permit?

It is anticipated that very few individuals or companies will need permits. Generally they are only needed if you are conducting some activity that is otherwise legal, but which under NR 40 will no longer be allowed. Permits will require that actions be taken to minimize the spread of the permitted species into the wild.

How does this relate to other aquatic invasive species regulations?

The rules also include several general measures to prevent the spread or introduction of invasive species. They limit certain common activities that may function as vectors or pathways for the inadvertent introduction or spread of invasive species, especially in the form of eggs, seeds, propagules, pathogens, and other life forms or stages too small to see, unless a permit to engage in the activity has been issued by the department. These preventive measures are not specific as to species but are written so that they compliment and do not conflict with or overlap similar limitations in other rules or in statute. They include requirements to:

• notify the department of the escape of invasive fish species from a safe facility,
• remove all attached aquatic plants and aquatic animals and drain all water from vehicles, equipment other than boating or fishing equipment, and gear of any type upon their removal from the water,
• drain all water from any vehicle, boat, boat trailer, equipment or gear of any type for use on any water of the state or its bank or shore before bringing it into the state over land,
• remove all aquatic plants and aquatic animals from any vehicle, certain boats, boat trailers, and equipment, or gear of any type or sea plane before placing it in any water of the state, and before taking off a in a seaplane or transporting a vehicle, boat, boat trailer, equipment or gear of any type on a public highway,
• not transport "identified carriers" -- materials that are covered by a DATCP or USDA APHIS quarantine order,
• not use a prohibited invasive fish or crayfish species as bait,
• not introduce a nonnative aquatic plant, algae or cyanobacteria species into any water of the state.