ATCP 10.61 Note
Note: A fish farm operator adversely affected by the denial, suspension, or revocation of a fish farm registration certificate may request a hearing under s.
227.42, Stats., and ch.
ATCP 1. The department will not deny registration to a new owner of a fish farm merely because ownership has changed.
ATCP 10.61(10)(a)(a)
Fish and fish eggs received. A fish farm operator shall keep all of the following records related to live fish or fish eggs that the operator receives at the fish farm:
ATCP 10.61(10)(a)1.
1. The name, address, and fish farm registration number, if any, of the person from whom the operator received live fish or fish eggs.
ATCP 10.61(10)(a)4.
4. The listed species, quantity, and size of live fish or fish eggs received.
ATCP 10.61(10)(b)
(b)
Records retention. An operator required to keep records under this section shall retain those records for at least 5 years and shall make them available to the department, upon request, for inspection and copying.
ATCP 10.61(10)(c)
(c)
Records on sales and delivery of fish and fish eggs. Except as provided under par.
(d) or
(e), a fish farm operator shall keep all of the following records related to live fish or fish eggs that the operator sells or ships from the fish farm:
ATCP 10.61(10)(c)1.
1. The name, address, and fish farm registration number, if any, of the person to whom the operator sold or delivered live fish or fish eggs.
ATCP 10.61(10)(c)2.
2. The date on which the operator sold or delivered the live fish or fish eggs.
ATCP 10.61(10)(c)3.
3. The location at which the operator sold or delivered the live fish or fish eggs.
ATCP 10.61(10)(c)4.
4. The listed species, quantity, and size of live fish or fish eggs sold or delivered.
ATCP 10.61(10)(d)
(d)
Records on sales to consumers for food. A fish farm operator who sells live fish or fish eggs directly to consumers for food is not required to keep records on those sales of fish or fish eggs directly to consumers for food.
ATCP 10.61 Note
Note: A fish farm operator who sells live fish or fish eggs directly to consumers for food is, however, still required to keep records of all other sales and deliveries of fish and fish eggs as specified in this subsection.
ATCP 10.61(10)(e)
(e)
Records on sales of bait. A fish farm operator who sells farm-raised fish or fish eggs from the fish farm in a retail sale directly to a consumer for bait is not required to keep records on those sales of fish or fish eggs directly to consumers for bait.
ATCP 10.61 Note
Note: A fish farm operator who sells live fish or fish eggs directly to consumers for bait is, however, still required to keep records of all other sales and deliveries of fish and fish eggs as specified in this subsection.
ATCP 10.61(11)(a)(a) No person selling or distributing fish or fish eggs may misrepresent, directly or by implication, the source or disposition of those fish or fish eggs.
ATCP 10.61(11)(b)
(b) Except as provided in par.
(c), a person transporting fish or fish eggs from a fish farm shall have documentary evidence showing that the person obtained those fish from that fish farm. Evidence may include a bill of sale, bill of lading, import permit, health certificate, certificate of veterinary inspection, or other document which identifies the fish farm.
ATCP 10.61(11)(c)
(c) A person transporting fish or fish eggs, not required under this subchapter to be accompanied by any of the documents listed in par.
(b), shall keep with the shipment a copy of the current fish farm registration certificate and a copy of the most recent fish farm registration application listing the species of fish held or reared by the fish farm.
ATCP 10.61(12)
(12)
Registrant responsibility. A person who registers a fish farm under sub.
(1) shall ensure that fish farm operations comply with relevant provisions of this chapter. This subsection does not relieve other persons of liability for violations of this chapter.
ATCP 10.61 Note
Note: If the Wisconsin Department of Natural Resources (DNR) registers as the operator of a privately owned “cooperator" fish farm under sub. (1), DNR is responsible for ensuring that all operations of that fish farm comply with this chapter (the private operator may also be held responsible if that operator violates this chapter).
ATCP 10.61(13)(a)(a) The department may charge, to the holder of a registration under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.
ATCP 10.61(13)(b)
(b) A reinspection fee under par.
(a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a re-registration application form to the fish farm operator.
ATCP 10.61 History
History: CR 06-009: cr.
Register September 2006 No. 609, eff. 10-1-06;
CR 07-061: am.(4), (5), (6) (c) and (7) (a), r. and recr. (7) (b)
Register June 2008 No. 630, eff. 7-1-08;
EmR0822: emerg. cr. (12), eff. 7-9-08;
CR 07-107: am. (1) (intro.), (2) (intro.) and (5), r. and recr. (3), (6) and (7), cr. (5m) and (12)
Register November 2008 No. 635, eff. 12-1-08;
CR 11-048: am. (1) (a), (2) (b), cr. (2) (b) 3., am. (2) (d), cr. (2) (d) 3., (g), (h), (i), am. (3) (c), cr. (3) (d) 3., r. (3) (e), (f), am. (5m) (a) (intro.), (c), cr. (6m), am. (7) (b), (e), (10) (a), (b), cr. (10) (c), (d), (e), am. (11) (b), cr. (11) (c), (13)
Register July 2012 No. 679, eff. 8-1-12; correction in (7) (b) under s.
13.92 (4) (b) 7. Register July 2012 No. 679;
CR 13-058: am. (5m) (b), renum. (6) (b) 1. to (6) (b) 1. (intro.), a., b., d., cr. (6) (b) 1. c., renum. (7) (c) to (7) (c) 1., cr. (7) (c) 2., am. (8), renum. (10) (d) (intro.) to (10) (d) and am., r. (10) (d) 1. to 5., renum. (10) (e) (intro.) to (10) (e) and am., r. (10) (e) 1. to 3.
Register March 2014 No. 699, eff. 6-1-14;
CR 15-092: am. (7) (e), cr. (7) (f)
Register July 2016 No. 727, eff. 10-1-16;
CR 18-085: am. (5m) (b), (c), (6) (intro.), (6m) (b) 6., 7., r. and recr. (7) (b), am. (7) (f), (10) (a) 5., (c) 5., (13) (b)
Register May 2020 No. 773, eff. 6-1-20.
ATCP 10.62(1)(a)(a) Except as provided in sub.
(2), no person may import live fish or fish eggs into this state for any of the following purposes without a written import permit from the department that covers all of the imported fish or fish eggs:
ATCP 10.62(1)(a)3.
3. Holding or rearing the fish, or hatching the fish eggs, at a fish farm for which a registration certificate is required under s.
ATCP 10.61 (1) if the imported fish or fish eggs are harvested from the wild.
ATCP 10.62(1)(a)4.
4. Selling or distributing the fish or fish eggs for any of the purposes listed under subds.
1. or
2. ATCP 10.62(1)(b)
(b) An import permit under par.
(a) expires on the next October 31, unless the department specifies an earlier expiration date in the permit. A permit is not transferable between importers. A permit does not authorize any of the following:
ATCP 10.62(1)(c)
(c) An import permit under par.
(a) shall include all of the information required under sub.
(3).
ATCP 10.62(1)(d)
(d) A complete copy of the import permit, and one or more valid health certificates under s.
ATCP 10.65 that cover all of the listed species of fish or fish eggs imported in the shipment, shall accompany every import shipment under par.
(a). A health certificate does not cover an import shipment that occurs after the health certificate expires.
ATCP 10.62(1)(e)
(e) A single import permit under par.
(a) may authorize imports from multiple sources.
ATCP 10.62 Note
Note: If a single import permit covers 2 or more import shipments, a copy of the permit must accompany each shipment. If a person wishes to import from additional sources not listed on the import permit, the person must apply for additional import permits. A person importing any of the following must also obtain an import permit from the Wisconsin department of natural resources (DNR):
ATCP 10.62 Note
• Live fish or fish eggs of species not native to Wisconsin.
See s.
29.735 (1), Stats.
ATCP 10.62 Note
• Live rough fish or rough fish eggs, except goldfish, dace, and suckers.
See s.
29.407 (4), Stats.
ATCP 10.62 Note
An application for an import permit under this section also serves as an application for a DNR import permit. The department will forward the permit application to DNR if DNR permit requirements apply.
ATCP 10.62 NoteUnder s.
29.736, Stats., no person may use imported fish or fish eggs to stock waters of the state without a stocking permit from DNR (unless the stocking is subject to an exemption under s.
29.736, Stats.). An import permit application under this section does not serve as an application for a DNR stocking permit.
ATCP 10.62(2)
(2)
Exemptions. No permit is required under sub.
(1) to import any of the following:
ATCP 10.62(2)(a)
(a) Live ornamental fish or 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 10.62(2)(b)
(b) Live fish or fish eggs that will be held for the remainder of their lives in fully enclosed buildings solely for purposes of display, education, or research, provided that all of the following apply:
ATCP 10.62(2)(b)1.
1. The fish or fish eggs are not commingled with fish or fish eggs that are held or used for other purposes.
ATCP 10.62(2)(b)2.
2. No untreated water used to hold the fish or fish eggs is discharged to waters of the state.
ATCP 10.62(2)(b)3.
3. All of the dead fish and offal from the buildings are disposed of by rendering, composting, municipal solid waste disposal, or other means approved by the department.
ATCP 10.62(2)(c)
(c) Live fish or fish eggs imported directly to a food processing plant, retail food establishment, or restaurant, where they will be held for not more than 30 days pending slaughter or sale to consumers at that facility, provided that all of the following apply:
ATCP 10.62(2)(c)1.
1. The fish or fish eggs are not commingled with fish or fish eggs that are held or used for other purposes.
ATCP 10.62(2)(c)2.
2. The receiving facility does not discharge to waters of the state any untreated water used to hold or process the fish or fish eggs.
ATCP 10.62(2)(c)3.
3. All of the dead fish and offal from the receiving facility are disposed of by rendering, composting, municipal solid waste disposal, or other means approved by the department.
ATCP 10.62(2)(d)
(d) Live fish or fish eggs that are directly imported by the Wisconsin department of natural resources from a fish farm in another state to a fish farm in Wisconsin.
ATCP 10.62(2)(e)
(e) Live fish or fish eggs of species that are not susceptible to viral hemorrhagic septicemia, as determined by the department, imported directly for personal use as bait, in amounts not exceeding 600 fish or fish eggs per shipment, and in compliance with s.
NR 20.08.
ATCP 10.62(2)(f)
(f) Live fish or fish eggs imported to a Wisconsin fish farm from an out of state fish farm if the shipment is accompanied by one or more valid fish health certificates under s.
ATCP 10.65 covering all of the listed species of fish or fish eggs in the shipment. A fish health certificate does not cover an import shipment that occurs after the fish health certificate expires.
ATCP 10.62(3)
(3)
Import permit; contents. An import permit under sub.
(1) shall include all of the following:
ATCP 10.62(3)(a)
(a) The name, address, and telephone number of the importer to whom the permit is issued.
ATCP 10.62 Note
Note: The importer may or may not be the import recipient, or the operator of the import source. The importer is the person who owns the imported fish or fish eggs when the import shipment enters this state.
ATCP 10.62(3)(b)
(b) Identification of the fish farm or wild source from which the importer may import live fish or fish eggs under the permit. Identification of a fish farm source shall include all of the following:
ATCP 10.62(3)(c)
(c) A description of the fish or fish eggs that the permit holder may import from the source identified under par.
(b). The description shall include the listed species of fish or fish eggs, and the size of fish of each listed species.
ATCP 10.62(4)(a)(a) Except as specified under par.
(b), a person shall apply for an import permit under sub.
(1) on a form provided by the department. The application shall include all of the following:
ATCP 10.62(4)(a)1.
1. Permit information required under sub.
(3), other than permit information added by the department.
ATCP 10.62 Note
Note: You may obtain an import permit application form by contacting the department at the following address:
ATCP 10.62 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4872
Email:
datcpfishfarms@wisconsin.gov ATCP 10.62(4)(b)
(b) An individual who is eligible for the veteran's fee waiver program under s.
45.44, Stats., is exempt from the fee under par.
(a) 2. ATCP 10.62(5)
(5)
Action on permit application. The department shall grant or deny an application under sub.
(4) within 30 days after the department receives a complete application. If the department denies the application, the department shall issue the denial notice in writing and shall state the reasons for the denial.
ATCP 10.62 Note
Note: A permit applicant may request a hearing on a denial notice, pursuant to s.
227.42, Stats., and ch.
ATCP 1.
ATCP 10.62(6)
(6)
Import recipients. A person may import live fish or fish eggs to the following persons, and no others, pursuant to an import permit under sub.
(1):
ATCP 10.62(6)(a)
(a) A person holding a current fish farm registration certificate, under s.
ATCP 10.61, which authorizes that person to hold live fish or fish eggs of the type imported.
ATCP 10.62(6)(c)
(c) A person holding a current fish stocking permit, under s.
29.736, Stats., which authorizes that person to stock live fish or fish eggs of the type imported.
ATCP 10.62(6)(d)
(d) A person holding a current bait dealer license under s.
29.509, Stats., which authorizes that person to hold live fish or fish eggs of the type imported.
ATCP 10.62(7)
(7)
Import records required. Notwithstanding sub.
(2), a person shall keep all of the following records related to an import shipment of fish or fish eggs, and shall make those records available to the department upon request:
ATCP 10.62(7)(c)
(c) Identification of the fish farm or wild source from which the person imported the fish or fish eggs. Fish farm identification shall include all of the following:
