The state's population density is 89 people per square mile. The overall risk to ecosystems is high. Population density has increased 5 percent since 1982. The amount of developed land increased 12 percent between 1982 and 1992. Virtually all of the original sedge meadows and nearly half of the wetlands have been lost since 1780. The state has 16 federally listed threatened and endangered species.
Biological Diversity Policy
Wisconsin does not have a formal biodiversity policy, although an agency policy exists. The Department of Natural Resources issued a strategy entitled Biodiversity as a Management Issue in July of 1995. (Wis. Admin. Code Nat. Res. 1.01) The strategy contains broad recommendations and possible actions specific to each of the biological community types. The report will be used as a basis for public discussion and policy development. The state recently passed a forest diversity bill that adds native biological diversity as a purpose of state forests, and requires the Department of Natural Resources to "assure that the management of the state forests is consistent with . . . the long-term maintenance of sustainable forest communities and ecosystems." (1995 Wisconsin Act 257) In addition, it is public policy by statute to protect forest resources and wildlife. (Wis. Stat. Ann. 26.30)
Status of Biodiversity Science
Wisconsin does not have a coordinated assessment system in place. Instead, the state utilizes its Natural Heritage database, GAP and other inventory systems. GAP started in 1994. Land cover maps, land ownership maps, and species/habitat mapping are underway. Other projects include the Inland Waterways Environmentally Sensitive Areas Mapping Project and the Longterm Resource Monitoring Program. In addition, a comprehensive survey of systematic terrestrial and aquatic communities and rare plants is being developed. Finally, the Department of Natural Resources is required to prepare wetland maps that identify wetland areas of the state that have an area of five acres or more. (Wis. Stat. Ann. 23.32)
Endangered Species
Wisconsin has an endangered species law that protects animals and plants. (Wis. Stat. Ann. 29.65, 29.415; Wis. Admin. Code Nat. Res. 27.01 et seq.) Listings are based on scientific evidence, commercial data and consultations. The law does not require recovery plans, although the Department of Natural Resources sometimes prepares them. Critical habitat designation and agency consultation are not required. Penalties for violations include fines from $500 to $5,000 and/or imprisonment up to nine months.
State Agency Management for Biodiversity
State-owned Lands
State agencies are required to manage some lands for biological sustainability. By statute, agencies who own certain property must develop long-range management plans for the preservation and improvement of the land. (Wis. Stat. Ann. 44.41)
Cooperative Efforts
Cooperative efforts take the form of written agreements with other agencies to improve land management. For example, a cooperative agreement between the state and the U.S. Department of Agriculture exists to acquire, develop, restore and enhance waterfowl habitat. The Department of Natural Resources also cooperates with paper companies in order to regulate forest harvesting and to allow for forest regeneration.
State Agency Training
Wisconsin does not have identified programs of agency personnel training for biodiversity.
Impact Assessment
Wisconsin has a "little NEPA" requiring agencies to assess proposed impacts on biological resources. (Wis. Admin. Code Ag. Trade & Cons. Protection 3.01 et seq.) The Wisconsin Environmental Protection Act requires an environmental impact statement for major projects, acquisitions and development on agency lands. The state also requires mitigation for wetlands lost in the course of state construction projects.
Habitat Acquisition
Wisconsin has some habitat acquisition programs, though not for biodiversity. (Wis. Admin. Code Nat Res. 47.001 et seq.) The Stewardship Program acquires environmentally sensitive areas and tries to increase recreational opportunities. Twelve categories for acquisition priorities exist. Funding is from bond revenues. Each year the program distributes $23.1 million for projects across the state. The state also has a Waterfowl Hunting Stamp, part of the proceeds of which are used to acquire wetlands and protect waterfowl. (Wis. Stat. Ann. 29.102) The Endangercd Resourcc Program purchases habitat for native threatened or endangered species, using monies from voluntary tax designations. Contributions are matched by the state up to $500,000.
Private Land Conservation
Wisconsin has few private land conservation programs. However, one example includes conservation easements, which are authorized by statute. (Wis. Stat. Ann. 700.40) In addition, the Bureau of Endangered Resources enrolls private landowners in a voluntary species and habitat protection program. (Wis. Admin. Code. Nat. Res. 1.211)
Exotic Species
Wisconsin has some provisions designed to control the introduction and spread of exotic plant species. A Cooperative Pest Survey Program detects new or exotic plant pests and assesses their distribution and abundance. (Wis. Stat. Ann. 93.01 et seq.; 94.01 et seq.; 94.76) To control pests, a quarantine is authorized. In addition, a noxious weed law and nuisance weed law regulate other exotic plants. (Wis. Stat. Ann. 66.96 et seq.) Under these laws, landowners are required to destroy noxious weeds under their control or the weeds will be removed by the state, with the costs of removal charged to the landowner through property taxes. Thc law currently covers only agricultural areas, but may be expanded to natural areas. For animals, a gypsy moth program has been instituted, and aquatic nuisance species are controlled by quarantine, extermination, or permitting.
Predator or Animal Damage Control Activities
Wisconsin has an animal damage control program that is run primarily by the federal government. The program offers mostly technical assistance and education. In addition, state law allows citizens to kill wild animals if they are causing a nuisance or damage. (Wise. Stat. Ann. 29.59) For example, muskrats damaging cranberry marshes can be taken, although relocation is emphasized. (Wis. Admin. Code Nat. Res. 19.03) Canadian geese causing agricultural damage can be killed, although a permit is required. (Wis. Admin. Code Nat. Res. 19.84)
Additional Legal Protections for Biodiversity
State courts have recognized that the public trust doctrine extends to preventing pollution and protecting the quality of navigable waters.
Related Issues
Wisconsin participates in Project WILD and integrates environmental education in all subject matters in thc school system. Wisconsin published a wildlife viewing guide in 1995. In addition, they produced a Guide to Curriculum Planning for Environmental Education. The book, for grades K-12, has received international acclaim.
Wisconsin does not currently have a takings law, although a bill was introduced into thc 1995 legislative session. Under the bill, if a governmental action reduces the fair market value of property by more than 20 percent, a court must order the government to pay damages equal to the amount of thc reduction.
Contacts:
Department of Agriculture
Trade and Consumer Protection
P.O. Box 8911
801 Badger Rd.
Madison, WI 53708
608-266-7100
Department of Natural Resources
Box 7921
Madison WI 53707
608-266-2621
Department of Public Instruction
125 S. Webster St.
P.O. Box 7841
Madison, WI 53707
608-267-9266
State Extension Services
University of Wisconsin Extension
432 North Lake St.
Madison, WI 53706
608-262-3786
Wisconsin ADC
750 Windsor Street
Room 101
Sun Prairie, WI 53590
608-837-2727
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu