Kelly Kearns

Invasive Plants Coordinator

WI Dept. of Natural Resources

Kelly.kearns@wi.gov

608-267-5066

Developing Consensus on Invasive Plants –

Wisconsin’s Experience with Regulation

Weed Law Technical Advisory Committee (93-04)

Statute passed giving DNR authority to classify and regulate invasive species (2001)

WI DNR and Invasives Council started working on rule (2004)

NR 40 Rule (Round 1) authorized and in effect (2009)

NR 40 Round 2 anticipated to be in effect late 2014

History of Wisconsin’s Rule

Goals of a comprehensive invasives rule

1. Alert public about and contain/eradicate new invasives 2. Minimize the spread of existing Invasives

3. Minimize hardship the rule may cause

Goals of the Assessment and Rule-making Process

1. Use best science and information available

2. Involve stakeholders throughout process

3. Take socio-economic concerns into account

4. Establish reasonable and effective regulations

5. Transparency

Non-indigenous species whose introduction causes or is likely to cause economic or environmental harm or harm to human health (Wisconsin Statutes 23.22)Plants (terrestrial and aquatic)Animals (vertebrates and invertebrates)Disease-causing organisms

Definition of “Invasive Species”

Selecting Species to Assess – Round 1 of NR 40

Focused on species:Known to be ecologically invasive species

Known invasive elsewhere, likely to cause significant impacts

No significant value to a sector of society

Economically important species put on the pending list to be assessed in NR 40 Round 2

Overview of the Process

Wisconsin Invasive Species Council (WISC) and WDNR developed:assessment process listing criteria list of species to be assessed draft rules

Literature reviews developedSpecies Assessment Groups (SAGs)

conducted assessments and made recommendations for each species

Extensive public input and revisions- 5 year process

Assessment Criteria*Current status and distribution

Establishment potential and life history traits

Damage potential

Socio-economic impacts (of the species invasiveness and of potential restrictions)

Control and prevention potential*Criteria are included in the state statute authorizing rule development

Categories of Invasive SpeciesProhibited – Not yet in the state or established in

pioneer stands only, potential to eradicate and prevent, high potential for environmental damage if widely established.

Restricted – Already established in the state, high environmental impacts

-------------------------------------------------------------------*Caution – More information needed, uncertain of

level of potential harm*Non-restricted – Socio-economic benefits of

species high, environmental impacts of invasion variable

*Pending – Species not yet assessed or listed, but will likely be assessed for future rule revisions

Species Regulated in Round 1

Plants .……..……………………..….… 73 Prohibited ……27 (10 are aquatic)Split P/R ………12Restricted …….34 (3 are aquatic)

Aquatic Invertebrates ……….….. 11 Terrestrial Invertebrates …..……. 8 Algae/ Cyanobacteria ……..……… 6Terrestrial Vertebrates………....… 4 Funguses …………………………..……. 1Fish & Crayfish……… all non-native fish are regulated

Rule Revision

“Round 2” – Some species assessed have some level of commercial use:

- Ornamentals- Forage- Turf- Bees- Biofuels- Food/herbs

assessed 133 plant species

Terrestrial Plant Recommendations– Round 2

20 prohibited/ 28 restricted/ 2 split

50recommended for regulation

83 recommended for non-regulation

Also 22 aquatic plants and alga recommended

All var, cv, hybrids regulated like the parent species unless specifically exempted

Cultivars discussed by SAGs. Recommendations made based on literature + observations of viable seed production Euonymus – exempt all cultivars except

NordineJapanese barberry – exempt all cultivars

except Brand’s top 25 seed producersAmur corktree – exempt male cultivars +

seedlings for rootstock

Dealing with cultivars, varieties, etc.

Phase-out Compromise

Growing marketable sized trees and shrubs requires several years

Adding a phase-out period would allow time for compliance 5 years for trees and shrubs 3 years for vines and herbaceous plants

This would only apply to restricted species

This would only apply to plants already in the state

Comprehensive rule covering all taxa groups Taking it slow – lots of input from

stakeholdersSAG process – discussion of difficult issuesTiming - stakeholder input in winterRound 1 –focusing on the obvious invasives

and the less commercially important species first

Informal public listening sessionsFocusing on voluntary compliance

Successes

Lack of legal authority for yearsDifficult species to address – e.g., reed

canary grassGetting involvement from certain sectors SAG members not showing up (early burn

season in 2012)

Challenges

Task group of National Association of Exotic Pest Plant Councils

Creating draft of criteria and procedures for developing local, state or regional invasive plant lists

Primary use is for “green” building codesCould be used for helping to standardize

assessment and listing process

ASTM Invasive Plant Listing Standard