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

Why is the Rule being Proposed?

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 three years to develop rules to classify and regulate invasive species.

A Wisconsin Department of Natural Resources working group has met regularly over the past three years to develop a 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 - caution 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 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; 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 are also 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 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 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 review for each 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. Clicking on the scientific name will bring up maps of the known distribution of the species. Persons knowing of occurences outside of the shaded counties are encouraged to report them.

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 made to the rule based upon those comments are summarized here [PDF 28KB].

At the June 2008 Natural Resources Board Meeting, the department received authorization to hold public hearings. Public hearings were held in August with a comment period being open into September. Many comments were received on many aspects of the rule. DNR staff are currently working to revise the rule accordingly. It is anticipated that the revised rule will be submitted to the Natural Resources Board for their January 27/28 meeting, or for their meeting in late Febuary. As soon as the revised rule has been approved by the DNR Secretary and sent to the Natural Resources Board members it will be posted on this website, along with the entire rule (green sheet) package. Until that time, anyone interested in the listed species or in the issue of invasive species may review the materials that were available for public review. This includes the proposed rule [PDF 184KB] and classification tables, 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