Section 40.045. Emergency additions to prohibited category.

 

(1)  The department may temporarily identify an additional species as an invasive species and may classify it into the prohibited category of s. NR 40.04 (2) if the secretary determines that all of the following are met:

(a) The species meets the definition of invasive species in s. NR 40.02 (24) .

(b) Based on consideration of the criteria of s. NR 40.03 (2) , the species meets the definition of prohibited invasive species for inclusion under s. NR 40.04 (2) .

(c) An emergency exists, making it necessary for the preservation of public peace, health, safety or welfare, or the environment, to require the immediate identification and classification of the species as a prohibited invasive species under this chapter prior to the time it would take effect if the department complied with the procedures for permanent rulemaking under ch. 227 , Stats.

(2)  Department action under sub. (1) shall become effective upon issuance of an emergency order by the secretary and publication of a notice of the emergency order in the official state newspaper.

(3)  The department shall provide the notice of the emergency order to the Wisconsin Council on Invasive Species and shall promptly notify the public of its determination by issuing a press release, by posting the notice of the emergency order on the department's internet site, and by such other means as the department determines are reasonably likely to inform the public.

(4)  During the time that an emergency order issued under sub. (2) is in effect, the actions prohibited by s. NR 40.04 (3) (a) and the exemptions of s. NR 40.04 (3) (b) through (h) apply to the additional species. In addition, the control requirements of s. NR 40.04 (4) apply to the additional species.

(5)  The identification and classification under sub. (1) of an additional species as an invasive species in the prohibited category terminates 2 years after the emergency order is issued under sub. (2) , when the emergency order issued under sub. (2) is withdrawn by the department, or when a permanent rule takes effect adding the species to this chapter, whichever occurs first.

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

Note

Under s. 23.22 (2t) (a) , Stats., the department may promulgate an emergency rule to identify, classify, or control an invasive species and is not required to provide evidence that such a rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency for such a rule. An emergency rule promulgated under s. 23.22 (2t) (a) , Stats., remains in effect for 24 months or until the repeal of the emergency rule, or until the effective date of the permanent rule identifying, classifying, or controlling the invasive species, whichever occurs first. Microsoft Windows NT 6.1.7601 Service Pack 1