Invasive rule NR40 now official in Wisconsin

Mark Renz, Extension Weed Scientist, University of Wisconsin-Madison

The Wisconsin Department of Natural Resources Invasive species law (NR40) is now official as of September 1^st. This rule established a classification and regulatory system for invasive species restricting actions such as sales, transportation, planting, or releasing listed species to the wild without a permit. The rule classified species as prohibited or restricted species, they are defined below.

Prohibited species are not yet in the state or only exist as small populations, but have the potential to cause significant damage if they are allowed to spread and become established. It is illegal for people to transport, import, possess,transfer, sell and introduce these species without a permit. Landowners will be expected to control prohibited species found on their property.

Restricted species are invasive species that are already too widespread to expect statewide eradicated. For this classification it is illegal for people to transport, import, transfer, sell and introduce these species, but people may possess plants.

DNR has pledged to work cooperatively with local units of government, businesses, and landowners to educate people on how to identify these species (specifically weeds), develop practices to prevent spread, and assist in finding funding to control prohibited populations. This rule does give DNR staff the right to inspect property for prohibited species and control these species (with landowner permission or a judicial inspection warrant). If the prohibited species is not controlled upon order, DNR or its designee may control it and recover expenses it incurs. After several conversations with DNR staff I am convinced that their intent is to use this rule as an educational tool and not for regulation. Educational materials and resources are currently being made by DNR staff and will be available throughout the winter to educate citizens about the rule.

While none of these plants classified by the rule have any direct agronomic value as a crop, producers will need to ensure that they are not transporting viable propagules (seeds or perennial tissue that can resprout) of Uprohibited and restricted speciesU as this is illegal (unless a permit is obtained). While the rule exempts people who incidentally or unknowingly transport, possess, transfer or introduce a listed invasive species, knowledgeable producers must demonstrate that they took reasonable precautions to prevent movement of listed species. An example of this situation would be haying a field filled with listed plants like spotted knapweed or Canada thistle and transporting the bales to another location off farm. Producers can transport plant tissue of these species, but they must be incapable of reproducing/propagating. So harvesting these fields before any viable seeds are produced would be considered an adequate practice to prevent spread by DNR as the producer took steps to prevent movement of propagules of known listed plants. More guidance and information on how to interpret this rule will be extended this fall and winter as interpretations of the rule occur.

To see additional information about NR40, go to Uhttp://dnr.wi.gov/invasives/classification/U

Tables below list prohibited (27), restricted (34), and prohibited/restricted (12) plant species listed in NR40.  

Restricted plant species (34):

Common name	Scientific name
Autumn olive	Elaeagnus umbellata
Bells honeysuckle	Lonicera x bella
Canada thistle	Cirsium arvense
Cattail hybrid	Typha x glauca
Common buckthorn	Rhamnus cathartica
Common teasel	Dipsacus fullonum subsp. sylvestris
Creeping bellflower	Campanula rapunculoides
Curly-leaf pondweed	Potamogeton crispus
Cut-leaved teasel	Dipsacus laciniatus
Cypress spurge	Euphorbia cyparissias
Dame's rocket	Hesperis matronalis
Eurasian water milfoil	Myriophyllum spicatum
Flowering rush	Butomus umbellatus
Garlic mustard	Alliaria petiolata
Glossy buckthorn (CV)	Frangula alnus
Helleborine orchid	Epipactis helleborine
Hemp nettle, brittlestem hemp nettle	Galeopsis tetrahit
Hound's tongue	Cynoglossum officinal
Japanese knotweed	Polygonum cuspidatum
Leafy spurge	Euphorbia esula
Morrow's honeysuckle	Lonicera morrowii
Multiflora rose	Rosa multiflora
Musk thistle	Carduus nutans
Narrow-leaf cattail	Typha angustifolia
Oriental bittersweet	Celastrus orbiculatus
Phragmites, Common reed	Phragmites australis
Plumeless thistle	Carduus acanthoides
Purple loosestrife	Lythrum salicaria
Russian olive	Elaeagnus angustifolia
Spotted knapweed	Centurea biebersteinii, c. stoebe
Tansy (CV)	Tanacetum vulgare
Tartarian honeysuckle	Lonicera tatarica
Tree-of-heaven	Ailanthus altissima
Wild parnsip	Pastinaca sativa

Common name	Scientific name
Amur honeysuckle	Lonicera maackii
Black swallow-wort	Vincetoxicum nigrum
Celandine	Chelidonium majus
European marsh thistle	Cirsium palustre
Hairy willow herb	Epilobium hirsutum
Hill mustard	Bunias orientalis
Japanese hedge-parsley	Torilis japonica
Japanese hops	Humulus japonicus
Lyme grass or sand ryegrass	Leymus arenarius
Poison hemlock	Conium maculatum
Tall or Reed manna grass	Glyceria maxima
Wild chervil	Anthriscus sylvestris

[1] Prohibited/restricted species are ones that have large populations in a portion of the state, but are uncommon elsewhere. These plants are listed as restricted in the areas where the plant is common, but prohibited elsewhere in the state. The rule provides specific geographic references that define the where the classification changes (e.g county, highway).