Wisconsin DNR's Draft Invasive Species Identification, Classification and Control Rule

Why We Are Doing This

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 classification and regulatory system for all listed invasive species. 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 new infestations of 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 two years to develop rules to classify and regulate invasive species.

A Wisconsin Department of Natural Resources working group has met regularly over the past two years to develop a draft classification system for invasive species. The purpose of these rules is to prevent the introduction and spread of invasive species in the state. The key components of the rule package include: 1) the legal classification categories - prohibited, restricted, and the informal categories - watch and non-restricted; 2) criteria for classifying species; 3) a listing or identification of invasive species by category; 4) control requirements, including actions that would be prohibited; 5) exemptions for possession, sale or other activities involving some invasive species under specific conditions or when authorized by a permit from the Department; and 6) specific enforcement actions that would 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 may also be placed on pathways of introduction or spread of invasive species (e.g., firewood brought in from out-of-state).

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 the 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 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 interest 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 forest pests and terrestrial and soil invertebrates. The development of the SAGs is 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.

This September 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 Recommended Classification Summary Table. 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 mentioned above are linked in the groups of species under consideration below. In addition, the SAG meeting documented the individual voting of each SAG member in Group Rating Forms and are also linked in the "Groups of species under consideration" below.

Pending species - The intent of this proposed rule is to get the process for listing and regulations in place, along with populating the categories of the classification with species that are fairly readily agreed upon. There are additional non-native species of plants and animals known or thought to be invasive, but which have important social or economic values. These species are currently “pending assessment’. They have not yet been assessed for this rule development. However, the rule will be revised regularly and they can be assessed later. Some examples of species that are pending include reed canary grass and Japanese barberry. We are asking for input by listing on the Comment Form, any species that have not yet been assessed that you feel should be considered.

Public Participation Process

The rule development process will also include an informal public participation process before the official public hearing process begins. We are asking anyone interested in the listed species or in the issue of invasive species to review the attached rule [PDF 164KB] and groups of species under consideration, along with the Literature reviews and the Group Rating Forms with comments from the SAGs.

The Rule

• Terrestrial Plants
• woody shrubs, trees and vines
• herbaceous
• Aquatic Plants and Algae
• Vertebrates
• Terrestrial Invertebrates & Plant Disease-causing Microorganisms
• Fish and Aquatic Invertebrates