ATCP 10.58 History
History: CR 07-107: cr.
Register November 2008 No. 635, eff. 12-1-08; correction in (intro.) and renumbering made under s.
13.92 (4) (b) 1. and
7., Stats.,
Register November 2008 No. 635;
CR 15-092: am. (1) (b)
Register July 2016 No. 727, eff. 10-1-16.
ATCP 10.60
ATCP 10.60 Definitions. In this subchapter:
ATCP 10.60(1)
(1) “Contiguous parcels" means land parcels that are adjacent or that share a common boundary. “Contiguous parcels" includes parcels that are separated only by a river, stream, section line, public road, private road, or railroad or utility right of way.
ATCP 10.60(1m)
(1m) “Fish farm" means a facility or group of facilities, all located on a single parcel of land or on 2 or more contiguous parcels, at which a person hatches fish eggs, rears live fish, or holds live fish for the purpose of introduction into the waters of the state, human or animal consumption, fishing, use as bait or fertilizer, or for sale to another person to rear for one of those purposes.
ATCP 10.60(2)
(2) “Food processing plant" means a facility that is required to be licensed under s.
97.29, Stats.
ATCP 10.60(2m)
(2m) “Listed species" means the species of fish listed on the shipment documents or listed on the fish farm registration application as hatched or kept at the fish farm. “Listed species" does not include species that the department determines are incidentally included in the shipment or located on the fish farm.
ATCP 10.60 Note
Note: Although this exempts the incidental fish in a shipment from fish health certificate and department import permit requirements, it does not exempt a fish importer from the prohibitions or restrictions on fish imports in ch.
NR 40.
ATCP 10.60(3)
(3) “Operator" means a person who owns or controls a fish farm. “Operator" includes the operator's employees and agents.
ATCP 10.60(4)
(4) “Ornamental fish" means goldfish, koi, tropical freshwater fish that cannot survive in temperatures below 38
°F, saltwater fish, and other fish that the department designates in writing.
ATCP 10.60(7)
(7) “Retail food establishment" means a facility that is required to be licensed under s.
97.30, Stats.
ATCP 10.60(8)
(8) “Restaurant" means a facility that is required to be licensed under s.
97.605, Stats.
ATCP 10.60(9)
(9) “Salmonid" means fish or fish eggs of the family that includes trout, salmon, grayling, char, Dolly Vardon, whitefish, cisco, and inconnu.
ATCP 10.60(10)
(10) “Untreated water" means water that has not been rendered free of pathogens.
ATCP 10.60(10m)
(10m) “Waters of the state" includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems, and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction. For this subchapter “waters of the state" do not include those waters registered as a fish farm under s.
ATCP 10.61.
ATCP 10.60(11)
(11) “Wild source" means waters within or without this state that meet both of the following:
ATCP 10.60(11)(a)
(a) The waters are not determined to be fish farms under the laws of the state of location.
ATCP 10.60(11)(b)
(b) The waters are not exempt from any requirements of the state of location to be licensed or registered as a fish farm. Waters that are exempt from licensing or registration in the state of location are not “wild sources."
ATCP 10.60 Note
Note: The Wisconsin department of natural resources is considered a “person" for purposes of this subchapter.
See s.
ATCP 10.01 (77).
ATCP 10.60 History
History: CR 06-009: cr.
Register September 2006 No. 609, eff. 10-1-06;
CR 07-107: renum. (1) to be (1m) and am., cr. (1)
Register November 2008 No. 635, eff. 12-1-08;
CR 11-048: am. (1m), cr. (2m), am. (10), cr. (10m), am. (11)
Register July 2012 No. 679, eff. 8-1-12; correction in (8) made under s.
13.92 (4) (b) 7., Stats.,
Register July 2016 No. 727.
ATCP 10.61(1)(1)
Registration certificate required. Except as provided in sub.
(2), no person may operate a fish farm for any of the following purposes without a current annual registration certificate from the department that identifies that fish farm:
ATCP 10.61(1)(a)
(a) Hatching fish eggs or holding or rearing live fish for any of the following purposes:
ATCP 10.61 Note
Note: A Wisconsin department of natural resources (DNR) fish stocking permit is needed to stock fish into the waters of the state. However, a DNR fish stocking permit is not needed to stock fish into a fish farm registered under sub. (1).
See s.
29.736, Stats.
ATCP 10.61 Note
A DNR sport fishing license is not required to fish at a registered fish farm. Persons fishing at a registered fish farm do not need to comply with season, size, or bag limits.
See s.
29.001 (27), Stats.
ATCP 10.61 Note
Toxicants required for fish farming operations may be used in self-contained fish rearing facilities (as defined in s.
29.001 (76), Stats.) if there is no discharge from the facility, or if the discharge of the chemical is allowed under a Wisconsin pollutant discharge elimination system (WPDES) permit. A DNR aquatic pesticide use permit is required in other cases.
See ss.
29.601 (5) (b) and
283.31, Stats.
ATCP 10.61 NotePesticide applications must comply with ch.
ATCP 29, administered by the department of agriculture, trade and consumer protection. Pesticide applications may also be subject to other federal, state, and local regulations.
ATCP 10.61(2)
(2)
Exemptions. A person may do any of the following without a registration certificate under sub.
(1):
ATCP 10.61(2)(a)
(a) Hold, rear, sell, or distribute live ornamental fish, or hatch the eggs of ornamental fish, unless the ornamental fish or fish eggs are commingled with non-ornamental fish or fish eggs or are reared for bait, human food, or animal feed.
ATCP 10.61(2)(b)
(b) Hold or rear live fish, or hatch fish eggs, in a fully enclosed building solely for purposes of education, display, or research where the fish spend the remainder of their lives within that building, provided that all of the following apply:
ATCP 10.61(2)(b)1.
1. The live fish and eggs are not commingled with fish or fish eggs that will be used for any other purposes.
ATCP 10.61(2)(b)2.
2. The facility does not discharge to waters of the state any untreated water used to hold those fish or fish eggs.
ATCP 10.61(2)(b)3.
3. All of the dead fish and offal from the building are disposed of by rendering, composting, municipal solid waste disposal, or other means approved by the department.
ATCP 10.61(2)(c)
(c) Exhibit live fish in a public forum for not more than 15 days in a calendar year, or for a longer period of time that the department authorizes in writing for a specific exhibit.
ATCP 10.61(2)(d)
(d) Hold live fish or fish eggs for not more than 30 days at a food processing plant, retail food establishment, or restaurant pending slaughter or sale to consumers at that facility, provided that all of the following apply:
ATCP 10.61(2)(d)1.
1. The live fish and fish eggs are not commingled with fish or fish eggs that will be used for other purposes.
ATCP 10.61(2)(d)2.
2. The facility does not discharge to waters of the state any untreated water used to hold or process those fish or fish eggs.
ATCP 10.61(2)(d)3.
3. All of the dead fish and offal from the buildings are disposed of by means of rendering, composting, municipal solid waste disposal, or other means approved by the department.
ATCP 10.61(2)(f)
(f) Operate as a bait dealer licensed under s.
29.509, Stats., provided that the person does not hatch fish eggs or rear fish for any purpose other than for retail sale as bait.
ATCP 10.61(2)(g)
(g) Hold live fish at a temporary public fishing event if all of the following requirements are met:
ATCP 10.61(2)(g)1.
1. No fish leave the event alive, except to return to the registered fish farm of origin or directly to slaughter.
ATCP 10.61(2)(g)4.
4. No untreated water used to hold the fish or fish eggs is discharged to waters of the state.
ATCP 10.61(2)(h)
(h) Hold or rear live fish solely for the purpose of sale as pet fish for personal home aquaria, provided that the facility does not discharge to waters of the state any untreated water used to hold or process those fish or fish eggs and the fish are not commingled with fish or fish eggs that will be used for other purposes.
ATCP 10.61 Note
Note: The Wisconsin department of natural resources wild harvest laws under s.
29.509, Stats., and s.
NR 19.057, may apply.
ATCP 10.61(2)(i)
(i) Temporarily hold live fish in a Wisconsin department of natural resources fish egg collection station located in waters of the state, solely for the purpose of collecting eggs, if all of the following requirements are met:
ATCP 10.61(2)(i)1.
1. Fish in the fish egg collection station are obtained from the waters in which the egg collection station is located.
ATCP 10.61(2)(i)2.
2. Fish are not retained at the egg collection station after egg collection. The fish are returned to the waters from which they were obtained.
ATCP 10.61(2)(i)3.
3. The fish eggs collected are not hatched at the egg collection station, but are taken to a registered fish farm for hatching.
ATCP 10.61 Note
Note: Records of movement under s.
ATCP 10.655 (2), must be kept to return the fish or fish eggs to the same waters of the state from which they were collected.
ATCP 10.61(3)(a)(a) A fish farm registration certificate under sub.
(1) shall specify whether the fish farm is registered as a type 1, type 2, or type 3 fish farm. Except as provided in par.
(g), the registration type may vary from year to year.
ATCP 10.61(3)(b)
(b) Except as provided in par.
(d), a fish farm operator may not sell or distribute live fish or fish eggs from that fish farm unless the fish farm is registered as a type 2 or type 3 fish farm.
ATCP 10.61(3)(c)
(c) Except as provided in par.
(d), the operator of a fish farm that receives any fish or fish eggs obtained from a wild source of a species that the federal bureau has found to be susceptible to viral hemorrhagic septicemia may not sell or distribute any live fish or fish eggs from that fish farm unless the fish farm is registered as a type 3 fish farm.
ATCP 10.61(3)(d)
(d) The operator of a registered fish farm may do any of the following, regardless of whether that fish farm is registered as a type 1, type 2, or type 3 fish farm:
ATCP 10.61(3)(d)1.
1. Allow public fishing at the fish farm, including public fishing for a fee.
ATCP 10.61(3)(d)2.
2. Ship live fish or fish eggs from the fish farm to a food processing plant, retail food establishment, or restaurant, for processing or direct sale to consumers, provided that the receiving entity does not do any of the following:
ATCP 10.61(3)(d)2.a.
a. Hold any of the fish or fish eggs for more than 30 days prior to slaughter or direct sale to consumers.
ATCP 10.61(3)(d)2.b.
b. Commingle the fish or fish eggs with fish or fish eggs that may be used for any other purpose.
ATCP 10.61(3)(d)2.c.
c. Sell or distribute unprocessed fish or fish eggs to consumers at any place other than the food processing plant, retail food establishment, or restaurant at which the entity first receives them.
ATCP 10.61(3)(d)2.d.
d. Discharge to waters of the state any untreated water used to hold or process any of the fish or fish eggs.
ATCP 10.61(3)(d)2.e.
e. Dispose of any dead fish, dead fish eggs, or fish offal except by rendering, composting, municipal solid waste disposal, or other means approved by the department.
ATCP 10.61(3)(d)3.
3. Ship live fish or fish eggs to a specific location for direct sale to consumers as food provided that all of the following requirements are met:
ATCP 10.61(3)(d)3.b.
b. No fish leave the event alive, except to return to the farm of origin or directly to slaughter.
ATCP 10.61(3)(d)3.e.
e. No untreated water used to hold the fish or fish eggs is discharged to waters of the state.
ATCP 10.61 Note
Note: A fish farm registration holder may change the registration type during a registration year only pursuant to the process in sub. (6m).
ATCP 10.61(3)(g)
(g) A fish farm operator may not register, as a type 1 or type 2 fish farm, a fish farm that was previously registered as a type 3 fish farm unless one of the following conditions is met:
ATCP 10.61(3)(g)1.
1. The fish farm operator first removes all fish and fish eggs from the fish farm and disinfects the fish farm.
ATCP 10.61(3)(g)2.
2. A qualified fish health inspector issues a fish health certificate under s.
ATCP 10.65 that covers all of the fish and fish eggs on the fish farm. The fish health certificate shall further certify that all fish or fish eggs received onto the fish farm from a wild source in the immediately preceding 12 months were accompanied by a fish health certificate that included all of the certifications required under s.
ATCP 10.65 (4) (b).
ATCP 10.61(4)
(4)
Annual expiration date. An annual fish farm registration certificate under sub.
(1) expires on March 31 of each year.
ATCP 10.61(5)
(5)
Registering 2 or more fish farms. A separate annual registration certificate is required for each fish farm registered under sub.
(1). A person may obtain annual registration certificates for 2 or more fish farms by filing a single annual application under sub.
(6) and paying for each registration certificate the applicable annual fee under sub.
(7). A registration certificate is not transferable between persons or locations.
ATCP 10.61 Note
Note: See s.
ATCP 10.60 (1) and
(1m). A fish farm operator may register, as a single fish farm, all fish farm facilities that are located on the same land parcel or on contiguous land parcels. Fish farm facilities located on non-contiguous land parcels must be registered as separate fish farms. A fish farm operator may choose to register fish farm facilities as separate fish farms, even though the facilities are located on the same land parcel or contiguous land parcels, if the facilities comply with sub. (5m).
ATCP 10.61(5m)
(5m)
Registering 2 or more fish farms at a single location.
