Chapter ATCP 10

ATCP 10.56(2)(b) (b) The chronic wasting disease certification under sub. (4).

ATCP 10.56(2)(c) (c) Two individual identifications of the farm-raised deer that meet the requirements under s. ATCP 10.54 (3).

ATCP 10.56 Note Note: The certificate of veterinary inspection may also include any auxiliary identification on the farm-raised deer.

ATCP 10.56(3) (3) Tuberculosis certification. A certificate of veterinary inspection under sub. (1) (a) shall certify one of the following:

ATCP 10.56(3)(a) (a) The farm-raised deer originates from an accredited tuberculosis-free herd under s. ATCP 10.49.

ATCP 10.56(3)(b) (b) The farm-raised deer originates from a herd that is classified as a tuberculosis qualified herd under s. ATCP 10.49, based on a whole herd test completed within the preceding 365 days of movement.

ATCP 10.56(3)(c) (c) The farm-raised deer meets all of the following requirements:

ATCP 10.56(3)(c)1. 1. It originates from a tuberculosis monitored herd under s. ATCP 10.49.

ATCP 10.56(3)(c)2. 2. It has tested negative on a tuberculosis test conducted no more than 90 days prior to the movement date.

ATCP 10.56(3)(c)3. 3. It has been continuously isolated since the test under subd. 2., in a manner that prevents it from contracting tuberculosis from other cervids.

ATCP 10.56(3)(d) (d) The farm-raised deer meets all of the following requirements:

ATCP 10.56(3)(d)1. 1. It has tested negative on 2 tuberculosis tests conducted 90 to 270 days apart, and the second test was performed within 90 days prior to the movement date.

ATCP 10.56(3)(d)2. 2. It has been isolated since the first test under subd. 1., in a manner that prevents it from contracting tuberculosis from other cervids.

ATCP 10.56(3)(e) (e) The farm-raised deer originates from a herd that is on the same premises as bovine animals that meets one of the requirements under s. ATCP 10.46 (11) (d) 2.

ATCP 10.56(3)(f) (f) The farm-raised deer meets all of the following requirements:

ATCP 10.56(3)(f)1. 1. The farm-raised deer is moving into a hunting ranch holding a certificate under s. ATCP 10.47.

ATCP 10.56(3)(f)2. 2. It originates from a herd that has completed a whole herd test.

ATCP 10.56(3)(f)3. 3. It has tested negative on a tuberculosis test conducted no more than 90 days prior to the movement date.

ATCP 10.56(3)(f)4. 4. It has been continuously isolated since the tuberculosis test under subd. 3. in a manner that prevents it from contracting tuberculosis from other cervids.

ATCP 10.56 Note Note: See the note under par. (d) above.

ATCP 10.56(4) (4) Chronic wasting disease certification. A certificate of veterinary inspection under sub. (1) shall certify that the farm-raised deer originates from a herd that meets all of the following requirements:

ATCP 10.56(4)(a) (a) It has shown no clinical signs of chronic wasting disease in the past 12 months.

ATCP 10.56(4)(b) (b) It is currently enrolled in the chronic wasting disease herd status program under s. ATCP 10.53, is in good standing, and has at least 5 years of status.

ATCP 10.56(4)(c) (c) It is adequately separated from any wild deer herd known to be infected with chronic wasting disease. If 2 or more wild deer found or killed within 5 miles of the farm-raised deer herd have tested positive for chronic wasting disease, the certificate of veterinary inspection may not certify that the farm-raised deer herd is adequately separated under this paragraph unless the herd is enclosed by a double protective barrier under s. ATCP 10.58 that was installed before, or within a reasonable time after, the farm-raised deer keeper first received notice of the disease finding in the second wild deer and has been continuously maintained since erected.

ATCP 10.56 Note Note: The department will notify a farm-raised deer keeper whenever a wild deer found or killed within 5 miles of the keeper’s farm-raised deer herd tests positive for chronic wasting disease. Ninety days is generally a “reasonable time” to install a double protective barrier, for purposes of par. (c), although winter construction limitations may justify a longer “reasonable time.”

ATCP 10.56 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: cr. (1) (d) and (4) (c), am. (3) (d) 1., r. and recr. (4) (b) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (3) (b), cr. (3) (f), am. (4) (b) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1) (a) 2., (b), (2) (intro.), cr. (2) (c), r. (3) (e), am. (4) (intro.) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: renum. (1) (a) 2. to (1) (a) 2. (intro.) and am., cr. (1) (a) 2. a., b., 3., am. (3) (f) 1., 4. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (a) 2. (intro.), 3., (2) (c), (3) (b), cr. (3) (e), am. (4) (b) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.58 ATCP 10.58 Farm-raised deer; separation from diseased wild deer. For purposes of ss. ATCP 10.53 (7) (a) 4. and 10.56 (4) (c), a double protective barrier means one of following systems, or a combination of any of the following systems, which fully encloses a farm-raised deer herd and is approved by the department:

ATCP 10.58(1) (1) A double fence that meets all of the following requirements:

ATCP 10.58(1)(a) (a) Each fence is at least 8 feet high at every point.

ATCP 10.58(1)(b) (b) The 2 fences are at least 8 feet but not more than 16 feet apart at every point.

ATCP 10.58(2) (2) A solid barrier that is at least 8 feet high at every point.

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.

subch. VIII of ch. ATCP 10 Subchapter VIII — Fish

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(5) (5) “Qualified fish health inspector” means an individual who qualifies under s. ATCP 10.67 (1).

ATCP 10.60(6) (6) “Qualified laboratory” means a laboratory that qualifies under s. ATCP 10.67 (2).

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 Note Note: See s. 281.01 (18), Stats.

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 ATCP 10.61 Fish farms.

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(1)(a)1. 1. Sale or distribution.

ATCP 10.61(1)(a)2. 2. Introduction into the waters of the state.

ATCP 10.61(1)(a)3. 3. Fishing.

ATCP 10.61(1)(a)4. 4. Use as bait or fertilizer.

ATCP 10.61(1)(a)5. 5. Use as human food or animal feed.

ATCP 10.61(1)(a)6. 6. Education, demonstration or research.

ATCP 10.61(1)(b) (b) Holding live fish or fish eggs owned by another person.

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 Note Pesticide 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)(e) (e) Transport live fish or fish eggs to or from a fish farm.

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)2. 2. Fish are not commingled with fish from another source.

ATCP 10.61(2)(g)3. 3. Fish are held in a self-contained enclosure.

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)(g)5. 5. The event lasts no more than 15 days.

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.