Chapter NR 40, Wis. Adm. Code, establishes a classification system for invasive species and regulates those in the prohibited and restricted categories. It also establishes preventive measures that when followed, will help minimize the spread of invasive species into or within Wisconsin. In a previous emergency rule, the department listed Geomyces destructans as a prohibited invasive fungus species. Geomyces destructans has been identified as the fungus that causes white nose syndrome (WNS) in cave bats. Because the department has little if any control over the natural movements of bats, the main focus in WNS management is on limiting the anthropogenic spread of G. destructans.

This Order adds provisions to ss. NR 40.04 and 40.07 relating to early detection and prevention of the spread of WNS due to anthropogenic activities, as follows:

1. For purposes of early detection, with permission or pursuant to an inspection warrant, department staff may access caves and mines in order to monitor, survey, and inspect for the presence of Geomyces destructans.

2. Equipment, gear, clothing and other objects may not be brought or placed into or near a cave or mine if they have been in or near a cave or mine located outside of Wisconsin.

3. Equipment, gear, clothing and other objects that have been in or near a cave or mine in the state must be decontaminated following department-approved WNS decontamination protocols before they can be brought into another state cave or mine.

4. All equipment, gear, clothing and other objects that have been in or near a cave or mine in Wisconsin must be decontaminated immediately upon exit.

5. All equipment, gear, clothing and other objects that will be or have come in contact with bats (including, but not limited to nets, traps, weighing tubes, bat bags, wing punches, rulers, clothing, gloves, electronic equipment and exclusion materials) and all individuals handling bats must be decontaminated prior to and immediately after contact.

6. With permission or pursuant to an inspection warrant, the department may install and properly maintain, at no cost to the owner, physical barriers to limit access to any cave or mine by either individuals or bats.

The Order also adds key definitions and sets out authority for the department to grant written exemptions from the new decontamination requirements if it would not allow WNS to be transported to other locations.

Related statutes or rules include but are not limited to the following provisions which, to varying degrees, may apply to the identification, classification, control or other regulation of species that are invasive, or to conduct that may result in the introduction or spread of invasive species:

Statutory section   Title [or subject]

15.347 (18)   Invasive species council.

23.093   Carp control research.

23.235   Nuisance weeds.

23.24   Aquatic plants.

26.20 (4)   [Railroad right-of-way annual weed       removal]

26.30   Forest insects and diseases; department       jurisdiction; procedure.

27.019 (7) (c)   [County rural planning – highways - only   native plantings allowed]

27.05 (5) and (7)   [County authority to manage plants       and control weeds in county waters, parks   and county lands]

29.011   Title to wild animals.

29.047   Interstate transportation of game.

29.053   Specific open and closed seasons.

29.055   Wild animals; possession in closed season   or in excess of bag limit.

29.057   Wild animals; possession in open season.

29.089   Hunting on land in state parks and state fish   hatcheries.

29.091   Hunting or trapping in wildlife refuge.

29.192   Regulation of takings of certain wild       animals.

29.301   General restrictions on hunting.

29.307   Hunting with aid of aircraft prohibited.

29.314   Shining animals.

29.327   Regulation of waterfowl blinds.

29.331   Trapping regulation.

29.334   Hunting and trapping; treatment of wild       animals.

29.335   Feeding wild animals for nonhunting       purposes.

29.337   Hunting and trapping by landowners and       occupants.

29.354   Possession of game birds and animals.

29.407   Transportation of fish.

29.414   Erection of barriers to exclude rough fish.

29.417   Permit to take rough fish.

29.421   Removal of rough fish.

29.424   Control of detrimental fish.

29.509   Bait dealer license.

29.516   Fishing with nets and setlines.

29.601   Noxious substances.

29.604   Endangered and threatened species         protected.

29.614   Scientific collector permit.

29.627   Domestic fur–bearing animal farms.

29.701   Propagation of fish; protected wild         animals.

29.705   Propagation of fish; removal of fish.

29.733   Natural waters used in fish farms.

29.734   Barriers required for fish farms.

29.735   Importation of fish.

29.736   Stocking of fish.

29.737   Permit for private management.

29.738   Private fishing preserves.

29.741   Food in the wild for game birds.

29.875   Disposal of escaped deer or elk.

29.885   Removal of wild animals.

29.887   Wildlife control in urban communities.

29.924   Investigations; Searches.

29.927   Public nuisances.

29.931   Seizures.

29.934   Sale of confiscated game and objects.

30.07   Transportation of aquatic plants and       animals; placement of objects in navigable   waters.

30.1255   Report on control of aquatic nuisance       species.

59.70 (17) and (18)   [County funds, equipment, fees for       pest and weed control, plant or animal       diseases.]

66.0407   Noxious weeds. [local governments]

66.0517   Weed commissioner. [local governments]

66.0627   Special charges for current services.       [charges for weed elimination]

84.07 (3)   [DOT highway patrol officers to destroy       noxious weeds on highways]

93.07   Department duties. [Dept. of Agriculture,       Trade and Consumer Protection - pests]

94.01   Plant inspection and pest control authority.

94.02   Abatement of pests.

94.03   Shipment of pests and biological control       agents; permits.

94.10   Nursery stock; inspection and licensing.

94.38   Agricultural and vegetable seeds;         definitions.

94.41   Prohibitions. [Sale or distribution of       noxious weed seed]

94.45   Powers and authority of the department.

94.46   Stop sale; penalties; enforcement.

94.69   Pesticides; rules.

94.76   Honeybee disease and pest control.

146.60   Notice of release of genetically engineered   organisms into the environment.

169.04   Possession of live wild animals.

169.06   Introduction, stocking, and release of wild   animals.

169.07   Exhibition of live wild animals.

169.08   Propagation of wild animals.

169.10   Sale and purchase of live wild animals.