Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 40 - Invasive Species Identification, Classification And Control › Section NR 40.02 - Definitions

Current through June 24, 2024
For purposes of this chapter:
(1) "Algae" means a predominately
				photosynthetic eukaryotic organism ranging from unicellular to macroscopic
				forms, lacking true roots, stems, leaves, and embryos.
(2) "Animal" means all vertebrate and
				invertebrate species, including but not limited to mammals, birds, reptiles,
				amphibians, fish, mollusks, arthropods, insects, and their eggs, larvae or
				young, but excluding humans.
(3)
				"Aquatic animal" means any vertebrate or invertebrate species that lives or
				grows only in water during any life stage, and includes the eggs, larvae or
				young of those species.
(3m)
				"Aquatic invasive species" means any invasive species that dwells in water or
				wetlands.
(4) "Aquatic plant" means
				a submergent, emergent, free-floating or floating-leaf plant and includes any
				part of the plant.
(5) "Attached"
				means in, on, or physically connected to in any way.
(6) "Boat" means any device capable of being
				used as a means of transportation on water.
(7) "Category" means a grouping of species
				designated by administrative rule for which there are specific legal
				requirements or restrictions.
(7g)
				"Cave" means any naturally occurring void, cavity, recess or system of
				interconnected passageways beneath the surface of the earth or in a bluff,
				cliff or ledge, including pits and sinkholes, but does not include a rock
				shelter.
(7r) "Commercial cave or
				mine" means a cave or mine that has more than 1,000 visitors per year and
				charges a fee.
(8) "Contain" or
				"containment" means to prevent spread beyond a designated boundary.
(9) "Control" has the meaning given it in s.
				23.22(1)
				(a), Stats. In addition, "control" includes
				activities to eliminate or reduce the adverse effects of invasive species
				including decreasing or eradicating their population or limiting their
				introduction or spread, and includes destroying the aboveground, and when
				necessary, the belowground portions of a plant in a manner and at the proper
				time to prevent the development and distribution of viable seeds or other
				propagules. For plants that reproduce vegetatively, "control" includes the use
				of methods that contain or reduce the vegetative spread of the plant.
Note
Section
				  23.22(1)
				  (a), Stats., states that "control" means to
				  cut, remove, destroy, suppress, or prevent the introduction or spread
				  of.
(9m) "Crayfish" means
				any decapod crustacean from the following families:
Astacidae
,
Cambaridae
and
Parastacidae
.
(10) "Cultivate" means, for plants,
				intentionally maintaining an individual or population of a plant.
(11) "Cyanobacteria" means a predominately
				photosynthetic prokaryotic organism occurring singly or in colonies.
(12) "DATCP" means the Wisconsin department
				of agriculture, trade and consumer protection.
(13) "Department" means the Wisconsin
				department of natural resources.
(14) "Disposal" means the lawful discharge,
				deposit, dumping or placing of any invasive species into or on any land or
				water in a manner that prevents the establishment, introduction or spread of
				the disposed species, or the consumption of the species as food.
(15) "Eradicate" means to remove an entire
				population of an invasive species and all its propagules from an area of
				infestation.
(16) "Established"
				means, for algae and cyanobacteria
,
plants, terrestrial
				invertebrates and plant disease-causing microorganisms, aquatic invertebrates
				except crayfish, and terrestrial and aquatic vertebrates except
				fish
,
present in an area as a self-sustaining population that
				is dispersed to the extent that eradication is either infeasible or will take a
				significant effort over a period of several years.
(17) "Established nonnative fish species and
				established nonnative crayfish species" means alewife (
Alosa
				pseudoharengus
), common carp (
Cyprinus carpio
),
				eastern mosquitofish (
Gambusia holbrooki
), rainbow smelt
				(
Osmerus mordax
), round goby (
Neogobius
				melanostomus
), ruffe (
Gymnocephalus cernuus
), sea
				lamprey (
Petromyzon marinus
), three-spine stickleback
				(
Gasterosteus aculeatus
), tubenose goby (
Proterorhinus
				marmoratus
), white perch (
Morone americana
), and
				rusty crayfish (
Orconectes rusticus
), and western mosquitofish
				(
Gambusia affinis
).
(18) "Feral" means existing in an untamed or
				wild, unconfined state, having returned to such a state from
				domestication.
(19) "Genetically
				modified" refers to an organism whose genome, chromosomal or extra chromosomal,
				is modified permanently and heritably, using recombinant nucleic acid
				techniques, and includes the progeny of any genetically modified
				organism.
(20) "Identified carrier
				of an invasive species" means any material identified in a department
				infestation control designation under s.
				26.30(7),
				Stats., a DATCP quarantine under s.
				94.01,
				Stats., or a United States Department of Agriculture Animal and Plant Health
				Inspection Service quarantine declaration under
				7
				USC section 7714 or
				7715
				as potentially carrying an invasive species.
(21) "Import" means to bring into Wisconsin
				or to arrange for another person to bring into Wisconsin.
(22) "Incidental" means something is done
				inadvertently when performing an otherwise legal activity.
(23) "Introduce" means to stock, plant,
				release or otherwise put an invasive species into the outdoor environment or
				use an invasive species in this state anywhere except within an indoor facility
				which is designed to physically contain the organism, including but not limited
				to a laboratory, greenhouse, growth chamber or fermenter.
(24) "Invasive species" has the meaning given
				it in s.
				23.22(1)
				(c), Stats. In addition, "invasive species"
				means nonnative species including hybrids, cultivars, subspecific taxa, and
				genetically modified variants whose introduction causes or is likely to cause
				economic or environmental harm or harm to human health, and includes individual
				specimens, eggs, larvae, seeds, propagules, and any other viable life-stages of
				such species. For fish, "invasive species" includes all nonnative species.
Note
Section
				  23.22(1)
				  (c), Stats., states that "invasive species"
				  means nonindigenous species whose introduction causes or is likely to cause
				  economic or environmental harm or harm to human health. The department does not
				  consider dead specimens or organisms that are dead, not revivable, and no
				  longer capable of living, growing, developing, reproducing, and functioning as
				  "invasive species".
(25)
				"Management action" means limiting the spread of established populations or
				abating harmful ecological, economic, social and public health impacts
				associated with invasive species introductions.
(25m) "Mine" means any artificial excavation,
				shaft, underground passageway, slope, tunnel or working from which ore or
				mineral is or was extracted, but does not include an open pit mine. However,
				caves or mines may be located adjacent to open pit mines.
(26) "Native duckweed" means any of the
				following:
Lemna aequinoctialis
(lesser duckweed,
				three-nerved duckweed),
Lemna minor
(common duckweed),
Lemna obscura
(little duckweed, purple duckweed),
Lemna perpusilla
(least duckweed, minute duckweed),
Lemna trisulca
(forked duckweed, star duckweed),
Lemna
				turionifera
(perennial duckweed, turion duckweed),
Spirodela
				polyrrhiza
(giant duckweed),
Wolffia borealis
(northern watermeal),
Wolffia brasiliensis
(Brazilian
				watermeal), and
Wolffia columbiana
(Columbian
				watermeal).
(27) "Native species"
				means a species indigenous to Wisconsin, and includes an individual specimen.
				For fish, "native species" means those fish species identified as native fish
				species in
Wisconsin Fishes 2000: Status and Distribution,
by
				Lyons, J., P. A. Cochran, and D. Fago, published by University of Wisconsin Sea
				Grant Institute, and includes an individual specimen, regardless of the
				specimen's origin.
(28) "Natural
				areas" means undeveloped or wild lands and those lands preserved or restored
				and managed for their natural features, including but not limited to parks,
				forests, refuges, grasslands, wetlands and shorelines on public and private
				lands.
(29) "Nonnative" or
				"nonnative species" means a species not indigenous to Wisconsin, and includes
				an individual specimen.
(30)
				"Nonnative fish species in the aquaculture industry" means arctic char
				(
Salvelinus alpinus
), Atlantic salmon (
Salmo
				salar
), brown trout (
Salmo trutta
), chinook salmon
				(
Oncorhynchus tshawytscha
), coho salmon (
Oncorhynchus
				kisutch
), rainbow trout (
Oncorhynchus mykiss
), pink
				salmon (
Oncorhynchus gorbuscha
), redear sunfish
				(
Lepomis microlophus
), tiger trout (a hybrid of
Salvelinus fontinalis
and
Salmo trutta
) and
				tilapia (
Tilapia
spp).
(31) "Nonnative viable fish species in the
				aquarium trade" means goldfish (
Carassius auratus
), koi carp
				(
Cyprinus carpio
), sterlet (
Acipenser
				ruthenus
), Chinese hi-fin banded shark (
Myxocyprinus
				asiaticus
), bitterling (
Rhodeus
spp.), ide
				(
Leuciscus idus
) and weather loach (
Misgurnus
				anguillicaudatus
).
(32)
				"Non-reproductive" means, for plants, not capable of reproduction sexually or
				asexually.
(33) "Nonviable" means,
				with respect to aquatic vertebrates including fish species, species for which
				eggs, fry, or adults are not capable of surviving water temperature below 38
				degrees Fahrenheit or not capable of surviving in fresh water. "Nonviable"
				means, with respect to terrestrial vertebrates, species that are not capable of
				living, growing, developing, and functioning successfully in Wisconsin's
				outdoor environment.
(34) "Open
				pond" means an outdoor pond that is not entirely covered to prevent the escape
				of fish.
(35) "Order" means an
				element of the Linnean taxonomic classification system, unless the context
				indicates otherwise.
(36) "Person"
				means an individual, partnership, corporation, society, association, firm, unit
				of government, public agency or public institution, and includes an agent of
				one of these entities.
(37) "Pet"
				means an animal raised or kept for companionship and generally kept indoors, in
				an enclosure or otherwise confined or restrained, and not allowed to roam
				freely out-of-doors. "Pet" does not include fish and crayfish, or other aquatic
				invertebrates.
(38) "Plant" means,
				as a verb, to place entire live plants, plant parts or seeds into the water,
				the ground or a planter out of doors for the purpose of growing them. "Plant",
				as a noun, means any member of the Kingdom Plantae, lichens, algae and
				cyanobacteria, and any varieties, cultivars, hybrids or genetically modified
				variants thereof, and includes any plant parts capable of vegetative or sexual
				reproduction.
(39) "Plant taxa"
				mean taxonomic categories or units of plant classification, such as family,
				genus, species, variety and cultivar.
(40) "Possess" means to own, maintain control
				over, restrain, hold, grow, raise or keep.
(41) "Prohibited invasive species" or
				"prohibited species" means an invasive species that the department, at the time
				of listing under s. NR40.04(2), has determined is likely to survive and spread
				if introduced into the state, potentially causing economic or environmental
				harm or harm to human health, but which is not found in the state or in that
				region of the state where the species is listed as prohibited in s. NR40.04(2),
				with the exception of isolated individuals, small populations or small pioneer
				stands of terrestrial species, or in the case of aquatic species, that are
				isolated to a specific watershed in the state or the Great Lakes, and for which
				statewide or regional eradication or containment may be feasible.
(42) "Propagules" means specimens or parts of
				a species that are capable of producing additional specimens through either
				sexual or asexual reproduction, including but not limited to seeds, roots,
				stems, rhizomes, tubers and spores.
(43) "Public highway" means every public
				street, alley, road, highway or thoroughfare of any kind, except waterways, in
				this state while open to public travel and use, but does not include public
				boat access sites and associated parking areas.
(44) "Reasonable precautions" means
				intentional actions that prevent or minimize the transport, introduction,
				possession or transfer of invasive species. Reasonable precautions include but
				are not limited to best management practices (BMPs) for invasive species
				approved by the department, practices recommended by the "Wisconsin Clean
				Boats, Clean Waters" program and "Stop Aquatic Hitchhikers" campaign, and
				compliance with DATCP quarantine regulations imposed under s.
				94.01,
				Stats., or a United States Department of Agriculture Animal and Plant Health
				Inspection Service quarantine declared under
				7
				USC section 7714 or
				7715.
				For the transfer of aquatic plants, reasonable precautions include verifying
				that the species transferred is identified correctly and is not listed in s.
				NR40.04 or 40.05 as prohibited or restricted, and that there are no other
				listed invasive species comingled with the species being transferred.
(45) "Recombinant nucleic acid techniques"
				means laboratory techniques through which genetic material is isolated and
				manipulated invitro and then inserted into an organism, resulting in a
				transgenic organism.
(46)
				"Restricted invasive species" or "restricted species" means an invasive species
				that the department, at the time of listing under s. NR40.05(2), has determined
				is already established in the state or in that region of the state where the
				species is listed as restricted in s. NR40.05(2) and that causes or has the
				potential to cause economic or environmental harm or harm to human health, and
				for which statewide or regional eradication or containment may not be
				feasible.
(46m) "Rock shelter"
				means an overhang or cave-like opening in a bluff, cliff or ledge that is
				shallow and does not provide an area of substantial daytime darkness.
(47) "Safe facility" means, for fish, an
				aquarium or container that does not directly drain into a water of the state,
				is not subject to intermittent or periodic flooding, is not connected to any
				water of the state, and is not an open pond. For crayfish and other aquatic
				invertebrates, "safe facility" means an aquarium or container that prevents the
				escape of the aquatic invertebrates and that does not directly drain into a
				water of the state.
(48) "Species"
				means monera, protista, fungi, plantae, animalia, viruses, phytoplasmas,
				mycoplasma-like organisms and prions and includes seeds, propagules and
				individual living specimens, eggs, larvae, and any other viable life-stages of
				such species. "Species" includes genetically modified species, cultivars,
				hybrids and sub-specific taxa.
(49)
				"Transfer" means to buy, sell, trade, barter, exchange, give or receive or to
				offer to buy, sell, trade, barter, exchange, give or receive.
(50) "Transport" means to cause, or attempt
				to cause, an invasive species to be imported or carried or moved within the
				state, and includes accepting or receiving a specimen for the purpose of
				transportation or shipment.
(51)
				"Unknowing" means unaware of the presence of a prohibited or restricted
				invasive species.
(52) "Waters of
				the state" has the meaning given it in s.
				281.01(18),
				Stats.
Note
Section
				  281.01(18),
				  Stats., provides as follows: "Waters of the state" includes those portions of
				  Lake Michigan and Lake Superior within the boundaries of this state, and all
				  lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs,
				  marshes, watercourses, drainage systems and other surface water or groundwater,
				  natural or artificial, public or private, within this state or its
				  jurisdiction.
(53) "Wild
				animal" means any mammal, bird, or other creature of a wild nature endowed with
				sensation and the power of voluntary motion, except fish and crayfish and other
				aquatic invertebrates.