Wis. Admin. Code Department of Natural Resources NR 40.06

Current through August 26, 2024

Section NR 40.06 - Invasive species permits

A person may transport, possess, transfer or introduce a prohibited invasive species listed in s. NR 40.04(2), or a restricted invasive species listed in s. NR 40.05(2), if the person has been issued a permit by the department under this section for the activity.

(1) WRITTEN APPLICATION REQUIRED.

(a) Applications for permits under this chapter shall be submitted in writing to the department on forms available from the department. The application shall include the name and quantity or number of invasive species specimens for which a permit is sought, whether the permit is sought for the transportation, possession, transfer or introduction of the invasive species, a description of other relevant permits, approvals or licenses of the applicant and the applicant's purpose or reasons for seeking a permit. The department may request additional information in order to determine whether the criteria of sub. (2) are met. This may include but is not limited to: where the invasive species is located or will be kept, how they will be kept from spreading into the wild, how they will be disseminated, and how they will be destroyed once the applicant is done using them.

Note: Applications for permits for fish and aquatic invertebrates may be sent to:

Attn: FH/4

Wisconsin Department of Natural Resources

PO Box 7921

Madison, WI 53707-7921

Note: Applications for permits for terrestrial plants may be sent to:

Attn: Forestry Invasive Species Coordinator - FR/4

Wisconsin Department of Natural Resources

PO Box 7921

Madison, WI 53707-7921

Note: Applications for permits for aquatic plants may be sent to:

Attn: Aquatic Invasive Species Coordinator

Wisconsin Department of Natural Resources

141 NW Barstow St., Room 180

Waukesha, WI 53188

Note: Applications for permits for other vertebrates may be sent to:

Attn: Wildlife Regulation Policy Specialist, WM/6

Wisconsin Department of Natural Resources

PO Box 7921 Madison, WI 53707-7921

Note: Applications for permits for terrestrial invertebrates and plant disease-causing microorganisms may be sent to:

Forest Health Protection Program Coordinator

Wisconsin Department of Natural Resources

3911 Fish Hatchery Rd.

Fitchburg, WI 53711

(b) The department shall act on complete permit applications within 45 days following receipt of the application.

(2) APPROVAL CRITERIA. The department shall review permit applications to determine whether all of the following criteria are met:

(a) The applicant is knowledgeable in the proper management or humane care of the invasive species.

(b) The applicant has an adequate site or facility for containment of the invasive species.

(c) The applicant has demonstrated to the department's satisfaction that permitted activities will not cause significant ecologic or economic harm or harm to human health.

(d) The applicant has complied with the conditions of any previous department permits issued under this chapter.

(3) ISSUANCE AND CONDITIONS.

(a) If it determines that there is significant public interest, the department may hold a public informational hearing on a permit application before acting on the application.

(b) An applicant meeting the criteria described in sub. (2) may be issued a permit subject to conditions the department considers reasonable.

(4) RECORDS AND REPORTING. Each permittee shall keep a current, correct and complete record of all permit activities as required by the department, on forms available from the department. Permit records may be inspected and copied by the department at any time. Copies of records shall be provided to the department upon request.

(5) PERMIT TRANSFER; ALTERATION. Unless expressly provided by the terms of the permit or by subsequent written approval of the department, permits issued under this chapter are not transferable. No person may alter or deface a permit issued under this chapter.

(6) VIOLATIONS. No person may violate any term of any permit issued under this chapter.

(7) OTHER PERMITS OR APPROVALS. A person who holds a permit or approval issued by the department under another chapter or a statute other than s. 23.22, Stats., is not required to hold a permit under this chapter to transport, possess, transfer or introduce a prohibited invasive species listed in s. NR 40.04(2), or a restricted invasive species listed in s. NR 40.05(2), if the department determines that all of the following apply:

(a) The permit or approval expressly authorizes the transportation, possession, transfer or introduction of the prohibited invasive species listed in s. NR 40.04(2), or the restricted invasive species listed in s. NR 40.05(2).

(b) The permit or approval includes legally enforceable requirements that are at least equivalent to those that would be contained in a permit issued by the department under this chapter.

(c) The person is not in violation of the permit or approval.

Wis. Admin. Code Department of Natural Resources NR 40.06

CR 08-074: cr. Register August 2009 No. 644, eff. 9-1-09.