Chapter NR 40 - What Is It?

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.

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.

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.

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.