NR40 Rule and Best Management Practices for Invasive Species

1. NR40 Rule and Best Management Practices for Invasive Species Kelly Kearns Endangered Resources, WI DNR 608-267-5066 Kelly.kearns@wisconsin.gov

2. We’ll cover: What are invasive species? Why a new rule? What does NR 40 say? What do you need to know? What are the BMPs that were just developed? How can BMPs help you to comply with NR 40? Resources for more info and help

3. What is an “Invasive Species”? • Nonnative 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

4. A few examples: Emerald ash borer – has the potential to kill ALL ash trees in the state Viral Hemorrhagic Septicemia (VHS) – kills large numbers of fish in any infected water body Zebra mussel – clogs intake pipes, motors, equipment, kills native mussels Kudzu – one of many non-native vines poised to blanket our forests and shorelines

5. Invasive Species are one of the biggest threats to: Agriculture Forestry Recreation Tourism

6. Invasive Species Impacts • Spread in natural areas (wetlands, forests, grasslands, lakes) • Displace or kill native species • Prevent forest regeneration • Alter ecosystems • Degrade wildlife habitat • Can cause agricultural and economic damage • Impact recreation and other social impacts

7. Impacts on utility and road corridors Once established, invasive species can: • Compromise corridor visibility and safety • Disrupt utility service • Increase fire hazards • Increase costs for corridor maintenance • Spread from the ROW to adjacent lands Reed canary grass

8. Musk or nodding thistle Plumeless thistle Phragmites Purple loosestrife Reed canary grass Spotted knapweed Sweet clovers (white and yellow) Wild parsnip Invasive Plants likely to be found in transportation and utility corridors: • Herbaceous plants: • Bird’s foot trefoil • Canada thistle • Common tansy • Common teasel • Cut-leaved teasel • Crown vetch • Dame’s rocket • Garlic mustard • Japanese knotweed • Leafy spurge

9. Some commonly found invasive plants on Right-of-ways Spotted knapweed Leafy spurge Phragmites Phragmites Wild parsnip

10. Some invasive plants sometimes planted on Right-of-Ways Multiflora rose Sweet clover Bird’s foot trefoil Crown vetch

11. Yellow star thistle Scotch broom Giant hogweed Sericea Lespedeza Spreading hedgeparsley New Invasive Plants for Wisconsin that are likely to be spread along corridors: • Wild chervil • Hill mustard • European marsh thistle • Poison hemlock • Japanese hedgeparsley • Black swallowwort • Amur honeysuckle

12. Some new invasive plants spreading on right-of-ways European Marsh Thistle Japanese Hedgeparsley Poison Hemlock

13. Why you don’t want to let perennials go unmanaged • Canada thistle (creeping perennial) • 1 root fragment planted in a soil box and let grow for a little over one year

14. Shoot and root growth next year 644 ft of roots and 336 ft of shoots

15. Why an invasive species rule? • Increased awareness, locally to globally, of threat • Broad agreement that invasive species are a concern, and Wisconsin needs to minimize spread • Although important, invasives are just one part of project planning and implementation • Efforts on invasives need to be prioritized • New and potentially harmful species • New populations in relatively uninfested areas • Keeping high quality areas uninfested

16. Hill Mustard Newly emerging roadside, grassland and pasture invader in Green County 2005 - Only a few scattered plants

17. 2009 - 4 years later

18. Ch. NR 40 - Invasive Species Identification, Classification and Control Rules

19. NR 40 Invasive Species Rule Prior to NR 40, invasives regulations were piecemeal and almost non-existant for some groups of species 2001 State legislature authorized DNR to write rules 2004 – 2009 – Rule developed and passed, with input from WI Council on Invasive Species and extensive stakeholder and public input

20. Species Groups in the Rule Algae & cyanobacteria Aquatic and terrestrial plants Fish and crayfish Aquatic invertebrates Terrestrial invertebrates & plant disease-causing microorganisms Terrestrial & aquatic vertebrates

21. Regulatory Categories Prohibited – Not yet in the state or established in pioneer stands only; still have potential to eradicate and prevent statewide; high potential for environmental damage if widely established. Restricted – Already established in the state; high environmental impacts.

22. Proposed Regulations, by category Prohibited – No person may transport (import/move), possess, transfer (buy/sell) or introduce a prohibited species without a permit. The department may order or conduct the control effort. Restricted – No person may transport (import/move), possess, transfer (buy/sell) or introduce a restricted species without a permit. Control encouraged but not required.

23. Musk or nodding thistle Plumeless thistle Phragmites Purple loosestrife Reed canary grass Spotted knapweed Sweet clovers (white and yellow) Wild parsnip Invasive Plants likely to be found in transportation and utility corridors: • RESTRICTED STATEWIDE • Bird’s foot trefoil • Canada thistle • Common tansy • Common teasel • Cut-leaved teasel • Crown vetch • Dame’s rocket • Garlic mustard • Japanese knotweed • Leafy spurge

24. PROHIBITED STATWIDE Yellow star thistle Scotch broom Giant hogweed Sericea Lespedeza Spreading hedgeparsley New Invasive Plants for Wisconsin that are likely to be spread along corridors: • RESTRICTED WHERE KNOWN • Wild chervil • Hill mustard • European marsh thistle • Poison hemlock • Japanese hedgeparsley • Black swallowwort • Amur honeysuckle

25. Many more details, including exemptions: Possession and transport allowed if doing control or disposal, or for identification Boats and trailers must be drained and cleared of vegetation and aquatic animals Permits can be obtained as needed (existing DNR permits will incorporate NR 40)

26. Transport, possession, transfer or introduction not a violation if: the Department determines it was incidental or unknowing, and - was not due to the person’s failure to take reasonable precautions “Reasonable precautions” includes approved Best Management Practices

27. What are BMPs? Voluntary practices to prevent the introduction and spread of invasive plants, invertebrates and diseases. Dame’s rocket

28. Reed canary grass Best Management Practices for Invasives Recently developed for/by: • Forestry • Recreation • Urban forests • Rights-of-way (transportation and utility corridors)

29. Why Rights-of-Way? • Rights-of-way tend to be ideal habitat for invasive plants due to: • High level of disturbance • Abundant sunlight • Equipment and vehicles move seeds around • Invasives can move to or from adjacent lands Purple loosestrife Teasel

30. Advisory Committee • Wisconsin County Highway Association - Dan Fedderly • Outagamie County Highways - Al Geurts • Wisconsin Towns Association - Richard Stadelman • Wisconsin DOT - Gary Birch and James Merriman • Construction Resources Management, Inc. - Jim Mertes • Wisconsin Public Service Corporation - Jamie Nuthals • Enbridge (U.S) Inc. - Mark Olson • Alliant Energy - Deborah Frosch • We Energies - Mike Grisar • Xcel Energy-NSP – Raelynn Asah • WPPI, Utilities - Casey Lemke • Dairyland Power Cooperation - Chuck Thompson • American Transmission Company - Crystal Koles • Wisconsin State Telecommunications - No representation • Public Service Commission - Michael John Jaeger • American Council of Engineering Companies - Perry Rossa • Wisconsin Office of Energy – Dave Siebert • Railroads - No representation, but we tried... Glossy buckthorn

31. Common BMP Themes Planning Education Cleaning Avoidance Minimize disturbance Use cleanmaterials

32. Rights-of-way BMPs Chapters • Introduction • Soil Disturbance • Vegetation Management and Inspection/Monitoring • Transport of Materials • Revegetation and Landscaping Rights-of-Way maintenance Each chapter includes planning and education

33. Rights-of-way BMPs Appendices • List of terrestrial invasive plants • Short list of invasive insects and diseases • Guidance to assist entities in prioritization • Mowing timing guidance • Example time window • Overview of control measures • Species recommended for revegetation • Checklist of responsibility • Glossary • Resources • Accompanying regulations • Financial assistance for controlling invasives • References Japanese hedgeparsley

34. BMP Structure BMP Statement: • intended to describe voluntary practices that may reduce the impact of invasive species • bold font, set off from the body of the document with an arrow Considerations: • give more information about why important • used to address the BMP • may not apply to every species or situation • user does not necessarily have to follow them to address the BMP • include details, suggestions, examples, and issues to consider

35. CH. 3- Vegetation Management • Scout • Plan • Assess resources • Clean equipment • Clean clothing, etc • Dispose • Use uninfested staging areas • Consider likely response • Proper timing of control • Monitor during day-to-day activities • Provide training PLANNING EDUCATION

36. Chapter 3: Vegetation Management BMP: Prior to moving equipment out of an infested area and then into an uninfested area, clean soils, seeds, plant parts, and invertebrates from exterior surfaces, to the extent practical.

37. Chapter 2: Soil Disturbance BMP: Minimize soil disturbance which may include using existing roads, access points, staging areas, and alternative construction. BMP: Stabilize disturbed soils as soon as possible.

38. Vegetation Management: Mowing Mow before early flower and seed development Mowing after seed development will spread seeds Timing varies from north to south (2~3 weeks) Timing varies with species For most invasives, best to mow mid to late June – south and late June to early July - north Migratory birds- impacts of invasive plants destroying habitat is greater threat than losing individual nests from mowing early

39. CH. 4- Transport of Material • Clean all equipment before going to the field • Steam clean • Pressure wash • Spray • Sweep/Scrape off soil and seeds • Brush/knock off soil • Clean boots and shoes • Clean clothing – dispose carefully of seeds

41. Choose seed mixes carefully • Specify native or non-invasive nonnative species • Avoid single species plantings, esp. of known invaders • Specify certified weed-free mulch Crown vetch (Coronilla varia) Bird’s-foot trefoil (Lotus corniculatus)

46. Lots of resources to aid in identification • Books • Field guides • Factsheets • Websites • Ask an expert • Interactive tools • CDs • Websites

49. Reporting Prohibited Species • Take a photo or collect a plant • Record location, landowner (if known), size of population • Send to: Invasive.species@wi.gov • Endangered Resources /Invasives • WDNR 101 S. Webster St. • Madison, WI 53707-7921 • 608-267-5066

50. For more information: • Best Management Practices: http://council.wisconsinforestry.org/invasives/ • NR 40 – Invasive Species Rule: http://www.dnr.state.wi.us/invasives/classification/ Kelly Kearns Endangered Resources, WI DNR 608-267-5066 Kelly.kearns@wisconsin.gov