(1) NOTIFICATION REQUIRED. Any person who
possesses a restricted invasive fish species in a safe facility shall notify
the department within 24 hours of any escape of a specimen or viable part of a
specimen, or of any failure of the integrity of the safe facility that could
allow the escape of any specimen or viable part of a specimen. The notice shall
be made in writing by mail or by e-mail and shall include the specific location
of the known, suspected, or anticipated escape and the fish species involved.
Note: The notice shall be mailed to the Director, Bureau of
Fisheries Management, Wisconsin Department of Natural Resources, PO Box 7921,
Madison, Wisconsin 53707-7921 and e-mailed to
DNRFishHabitatProtection@wisconsin.gov.
(2) IMMEDIATE REMOVAL OF AQUATIC PLANTS AND
AQUATIC ANIMALS AND DRAINAGE OF WATER.
(a)
Except as provided in pars. (b) to (g):
1. Any
person who removes a vehicle, boat, boat trailer, boating or fishing equipment,
or other equipment or gear of any type from any inland or outlying water or
from its bank or shore shall remove all attached aquatic plants and aquatic
animals immediately after removing the vehicle, boat, boat trailer, boating or
fishing equipment or other equipment or gear from the water, bank or shore and
before leaving any boat launch area or associated parking area.
Note: Section
30.07(2) (a) and (b), Stats., prohibit any person from
placing or operating a vehicle, seaplane, watercraft, or other object of any
kind in a navigable water if it has any aquatic plants or aquatic animals
attached to the exterior and from taking off with a seaplane, or transporting
or operating a vehicle, watercraft, or other object of any kind on a highway
with aquatic plants or aquatic animals attached to the exterior.
2. Any person who removes a
vehicle or equipment other than boating or fishing equipment, or gear of any
type from any inland or outlying water or from its bank or shore shall drain
all water from the vehicle, equipment or gear, including water in any motor,
tank or other container, immediately after removing the vehicle, equipment or
gear from the water, bank or shore and before leaving any boat launch area or
associated parking area.
Note: Section
NR 19.055(1) requires any person who
removes a boat, boat trailer, boating equipment or fishing equipment from any
inland or outlying water or its bank or shore to immediately drain all water
from the boat, boat trailer, boating equipment or fishing equipment, including
water in any bilge, ballast tank, bait bucket, live well or other container
immediately after removing the boat, boat trailer, boating equipment or fishing
equipment from the water, bank or shore, with certain exceptions.
Note: Chapters NR 320, 323, 328, 329, 341, 343 and 345,
relating to general navigable waters permit criteria, set out equipment
decontamination requirements to stop the spread of invasive species from one
waterway to another and require removal of all plants, animals, mud, debris,
etc., before and after use.
Note: See ss.
30.18(2) and
31.02(1),
Stats., regarding the diversion or withdrawal of water from lakes and streams.
Withdrawals are regulated through individual permits that may consider the
associated risk of spreading invasive species.
(b) The department may exempt any vehicle,
equipment or gear in writing from par. (a) 1. or 2. if it determines that it
will not allow invasive species to be transported to other waters.
(c) Paragraph (a) does not apply to
decontaminated equipment, tanks or containers when used for the operation or
maintenance of dry fire hydrants that are subject to ch. NR 329.
Note: See s.
NR 329.04(1) (c) 5. and
(2) (c) 4. c. regarding the maintenance and
operation of dry fire hydrants.
(d) Paragraph (a) 1. does not apply to an
aquatic animal whose possession is authorized by department rule.
Note: An example of an aquatic animal whose possession is
authorized by department rule is a dead game fish taken in compliance with ch.
NR 20.
(e) Paragraph (a) 2.
does not apply to water in closed engine cooling systems or to tanks or
containers of potable drinking water or other beverages meant for human
consumption.
(f) Paragraph (a) 2.
does not apply to water in a container that holds live bait minnows obtained
from a Wisconsin bait dealer, if the container holds no other fish, contains 2
gallons or less of water, and is used to transport only live minnows that have
not been exposed to water or fish from that inland or outlying water or will be
used for bait only on the same inland or outlying water, its bank or shore.
Note: The transport of live fish and fish eggs away from any
inland or outlying water or its bank or shore is prohibited by s.
NR 19.05(3), with certain
exceptions.
(g) Paragraph
(a) does not apply to vehicles, equipment, or gear while engaged in fire
suppression.
(3)
TRANSPORT OF VEHICLES AND EQUIPMENT INTO WISCONSIN; REMOVAL PRIOR TO ENTRY OF
AQUATIC PLANTS AND AQUATIC ANIMALS AND DRAINAGE OF WATER.
(a) Except as provided in pars. (b) to (d),
no person may do any of the following:
1.
Transport over land from another state any vehicle, boat, boat trailer, boating
or fishing equipment, or other equipment or gear of any type for use on any
water of the state or its bank or shore unless the person first removes all
attached aquatic plants and aquatic animals from the vehicle, boat, boat
trailer, boating or fishing equipment, or other equipment or gear of any type
before entering the state.
Note: Section
30.07(2) (a) and (b), Stats., prohibit any person from
placing or operating a vehicle, seaplane, watercraft, or other object of any
kind in a navigable water if it has any aquatic plants or aquatic animals
attached to the exterior and from taking off with a seaplane, or transporting
or operating a vehicle, watercraft, or other object of any kind on a highway
with aquatic plants or aquatic animals attached to the exterior.
2. Transport over land from
another state any vehicle, equipment other than boating or fishing equipment,
or gear of any type for use on any water of the state or its bank or shore
unless the person first drains all water from the vehicle, equipment or gear,
including water in any motor, tank, or other container before entering the
state.
Note: Section
NR 19.055(2) prohibits any person from
transporting over land from another state any boat, boat trailer, boating
equipment or fishing equipment for use on any water of the state or its bank or
shore unless the person drains all water from the boat, boat trailer, boating
equipment or fishing equipment, including water in any bilge, ballast tank,
bait bucket, live well or other container before entering the state, with
certain exceptions.
(b) The department may exempt any vehicle,
boat, boat trailer, equipment or gear in writing from par. (a) 1. or 2. if it
determines that it will not allow invasive species to be transported to waters
of the state.
(c) Paragraph (a) 1.
does not apply to dead game fish lawfully taken in another state, as provided
by s.
29.047,
Stats.
(d) Paragraph (a) 2. does
not apply to water in closed engine cooling systems or to tanks or containers
of potable drinking water or other beverages meant for human
consumption.
(4) ILLEGAL
TO LAUNCH, TAKE OFF OR TRANSPORT.
(a) Except
as provided in par. (b), no person may place or operate a vehicle, watercraft
or other object of any kind in any wetland or non-navigable water of the state
if the vehicle, watercraft or other object has an aquatic plant or aquatic
animal attached to the exterior.
(b) Paragraph (a) does not apply if the
aquatic plant is native duckweed or wild rice.
(c) Paragraph (a) does not apply to vehicles,
watercraft or other objects while engaged in fire suppression.
(5) QUARANTINED MATERIALS.
(a) No person may transport an identified
carrier of an invasive species from a department infestation control zone
designated under s.
26.30(7),
Stats., a DATCP quarantine area imposed under s.
94.01,
Stats., or a United States Department of Agriculture Animal and Plant Health
Inspection Service quarantine area declared under
7
USC section 7714 or
7715,
for the specific identified invasive species.
Note: Identified carriers of invasive terrestrial
invertebrates and plant-disease causing microorganisms most commonly include
but are not limited to trees that support life stages of the invasive species.
Trees include all parts of a tree including limbs, branches, roots and foliage.
Raw forest products such as unprocessed logs, slabs with bark, cut firewood and
chips may be considered as carriers. The department does not consider certified
firewood to be an identified carrier. Certified firewood is firewood that has
been treated by a DATCP-certified firewood dealer using one or more
DATCP-approved firewood treatment methods to prevent the spread of invasive
pests.
(b) Paragraph (a)
does not apply to a person who transports an identified carrier of an invasive
species from a department infestation control zone designated under s.
26.30(7),
Stats., a DATCP quarantine area imposed under s.
94.01,
Stats., or a United States Department of Agriculture Animal and Plant Health
Inspection Service quarantine area declared under
7
USC section 7714 or
7715,
if the person is in compliance with a DATCP-USDA APHIS compliance agreement
applicable to the terrestrial invertebrate or plant disease-causing
microorganism.
(6) USE
OF PROHIBITED FISH OR CRAYFISH AS BAIT. Unless authorized by a permit issued by
the department under this chapter, no person may use a prohibited fish invasive
species or prohibited crayfish invasive species as bait.
Note: Prohibited fish invasive species and crayfish invasive
species are identified in s.
NR 40.04(2)
(c).
(7) INTRODUCTION PROHIBITED. Unless
authorized by a permit issued by the department under this chapter, no person
may introduce a nonnative algae or cyanobacteria species in any water of the
state. This subsection does not apply to the incidental introduction of a
nonnative algae or cyanobacteria species by a person operating an aircraft,
vehicle, equipment or gear while engaged in fire suppression.
Note: Section
23.24(3) (a) 1, Stats., prohibits any person from
introducing nonnative aquatic plants into waters of this state unless the
person has a valid aquatic plant management permit issued by the
department.
(8) WHITE-NOSE
SYNDROME PREVENTION.
(a)
Definition. In this subsection "near a cave or mine" means
within 100 feet of a cave or mine.
(b)
Entry with imported items
prohibited. Except as provided in par. (e), no person may bring or
place any equipment, gear, clothing or other object of any kind in or near a
cave or mine if the equipment, gear, clothing or other object has been in or
near a cave or mine located outside of Wisconsin.
(c)
Requirements.
1. Except as provided in subd. 5. and par.
(e), no person may bring or place any equipment, gear, clothing or other object
of any kind in or near a cave or mine if the equipment, gear, clothing or other
object has been in or near a cave or mine located in this state unless the
equipment, gear, clothing or other object has first been cleaned in accordance
with par. (d).
2. Except as
provided in subd. 5. and par. (e), any person removing any equipment, gear,
clothing or other object of any kind from any cave or mine or from within 100
feet of any cave or mine or exiting any cave or mine or the area within 100
feet of any cave or mine with any equipment, gear, clothing or other object of
any kind shall clean the equipment, gear, clothing and other objects in
accordance with par. (d).
3. Except
as provided in subd. 5. and par. (e), any person who caused or will cause
contact to occur between a bat and an individual or object of any kind,
including but not limited to a net, trap, weighting tube, bat bag, wing punch,
ruler, clothing, glove, electronic equipment or exclusion material shall, prior
to and immediately following the contact, clean the individual or object in
accordance with par. (d).
4. Except
as provided in subd. 5. and par. (e), any person who owns or operates an active
mine or a commercial cave or mine shall ensure that each individual entering or
exiting the person's active mine or commercial cave or mine complies with par.
(b) and subds. 1. to 3.
5. The
requirements of subds. 1. to 4. do not apply to dedicated equipment, gear,
clothing and other objects of any kind that are used exclusively in or near and
stored exclusively in or near a single cave or mine.
(d)
Protocols. Individuals,
equipment, gear, clothing and other objects of any kind to which the
requirement of par. (c) 1., 2., or 3. applies shall be cleaned in accordance
with protocols approved by the department. Unless it determines that emergency
conditions require otherwise, the department shall provide notice and
opportunity for public comment at least 14 days before it materially changes an
approved protocol.
Note: Detailed information about department-approved cleaning
protocols may be obtained at
http://dnr.wi.gov/topic/WildlifeHabitat/documents/WNS_DeconProtocols.pdfor
by writing to Wisconsin Department of Natural Resources, Wisconsin Bat
Monitoring Program, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI
53707-7921.
(e)
Written exemption. The department may exempt any person in
writing from par. (b) or (c) if it determines that the exemption will not
significantly increase the risk that Geomyces destructans (white-nose syndrome
fungal pathogen) would be introduced or transported to other locations. The
department may set conditions in any written exemption granted under this
paragraph. Any person who receives a conditional exemption from the department
under this paragraph shall comply with the conditions of the
exemption.
(f)
Site-specific prevention plan. Except as provided in subd. 5.,
any person who owns or operates a cave or mine shall develop a written plan for
each of the person's caves and mines to prevent the introduction and
transmission of Geomyces destructans (white-nose syndrome fungal pathogen).
1. The prevention plan shall include a
description of practices that will be installed or implemented by the owner or
operator to prevent the introduction or transmission of Geomyces destructans
via human transmission. The plan may include practices such as screening
visitors, cleaning equipment, gear, clothing and other objects before they are
brought into the cave or mine or upon their removal, the use of dedicated
equipment, gear, clothing and other objects, and modification of the cave or
mine environment to make it unsuitable for establishment and transmission of
Geomyces destructans.
2. The
prevention plan shall be submitted by the owner or operator to the department
by June 1, 2011, for its review and approval. The department may set conditions
for the approval of any plan required under this paragraph and shall include
any exemption granted under par. (e) to the owner or operator of a cave or mine
in a plan approval issued under this paragraph. In setting conditions for the
approval of any plan, the department shall consider the site-specific risk of
Geomyces destructans introduction and transmission along with the feasibility
and reasonableness of alternative practices for the prevention of Geomyces
destructans transmission or introduction.
3. The owner or operator shall implement the
plan as approved by the department and shall maintain as appropriate all
practices specified in the plan.
4.
The owner or operator shall maintain a copy of the approved prevention plan at
the cave or mine covered by the plan or an alternate location approved by the
department and shall make the copy available for inspection upon request by the
department at any reasonable time.
5. This paragraph does not apply to any of
the following:
a. A cave or mine that the
department has determined in writing lacks the environmental conditions,
including temperature and humidity, suitable for the introduction or
transmission of Geomyces destructans.
b. A cave or mine where the owner or operator
restricts human access through the use of department-supplied and maintained
signage or bat-friendly barriers or gates.
c. A cave or mine where the primary reason
for human presence in the cave or mine relates to the storage or processing of
a food or beverage intended for human consumption.
