Chapter ATCP 10

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.a. a. Records are kept in compliance with sub. (10).

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.c. c. Fish are held in a self-contained enclosure.

ATCP 10.61(3)(d)3.d. d. Fish are not commingled with fish from any other source.

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.

ATCP 10.61(5m)(a) (a) A person may obtain separate registration certificates for 2 or more fish farms located on the same or contiguous land parcels. The fish farms shall be medically separated if at least one of the fish farms is a type 3 fish farm. Fish farms are considered to be medically separated if all of the following apply:

ATCP 10.61(5m)(a)1. 1. Fish and fish eggs in each fish farm are effectively separated from fish and fish eggs in every other fish farm.

ATCP 10.61(5m)(a)2. 2. Bio-security procedures, including procedures to prevent the commingling of fish, fish eggs, or water that may bear disease organisms, effectively prevent disease transmission between the fish farms.

ATCP 10.61(5m)(a)3. 3. The department finds that the fish farms comply with subds. 1. and 2., based on an inspection under par. (c).

ATCP 10.61(5m)(b) (b) Each registered fish farm under par. (a) is considered a separate fish farm for purposes of disease control and movement. Except as provided under s. ATCP 10.64 (3) (a), fish and fish eggs, from species the department has identified as being susceptible to viral hemorrhagic septicemia (VHS), that are moved from a type 3 fish farm to any location in the state shall be accompanied by a valid health certificate under s. ATCP 10.65. The fish farm operator shall keep a record, under sub. (10) (a), related to each movement of fish or fish eggs between any of the registered fish farms.

ATCP 10.61(5m)(c) (c) Before the department issues separate registration certificates under par. (a) for fish farms located on the same land parcel or contiguous land parcels that include at least one type 3 fish farm, the department shall inspect the fish farms for compliance with par. (b). The fish farm operator shall pay a nonrefundable fee specified under s. ATCP 10.025. A single fee covers all of the inspected fish farms.

ATCP 10.61(6) (6) Applying for a registration certificate. Before applying for an initial fish farm registration certificate under sub. (1), an applicant shall contact the Wisconsin department of natural resources to determine whether a natural waterbody permit must be obtained. Once the applicant either receives the natural waterbody permit or a determination that the permit is not necessary from the Wisconsin department of natural resources, a fish farm operator shall submit an application to the department on a form provided by the department. The application shall include all of the following:

ATCP 10.61(6)(a) (a) The operator’s name, address, and telephone number.

ATCP 10.61(6)(b) (b) The following information for each fish farm that the operator wishes to register:

ATCP 10.61(6)(b)1. 1. The fish farm location, including all of the following:

ATCP 10.61(6)(b)1.a. a. The county in which the fish farm is located.

ATCP 10.61(6)(b)1.b. b. The city, village, or town in which the fish farm is located.

ATCP 10.61(6)(b)1.c. c. The street name or road on which the fish farm access is located.

ATCP 10.61(6)(b)1.d. d. The physical address number or fire number of the fish farm location, or driving directions to the fish farm access point.

ATCP 10.61(6)(b)2. 2. The livestock premises code assigned to the fish farm under s. ATCP 17.02 (7).

ATCP 10.61(6)(b)3. 3. A statement indicating whether the operator wishes to register the fish farm as a type 1, type 2, or type 3 fish farm.

ATCP 10.61(6)(b)4. 4. Applicable fees required under sub. (7).

ATCP 10.61(6)(b)5. 5. The name, address, and telephone number of the individual responsible for administering the fish farm.

ATCP 10.61(6)(b)6. 6. The species of fish or fish eggs hatched or kept at the fish farm.

ATCP 10.61(6)(b)7. 7. A description of the fish farm facilities.

ATCP 10.61(6)(b)8. 8. A description of the fish farming activities conducted at the fish farm.

ATCP 10.61(6)(b)9. 9. A statement indicating whether wild source fish or fish eggs are received at or shipped from the fish farm facility.

ATCP 10.61(6)(b)10. 10. A statement indicating whether the operator is registering any other fish farms located on the same land parcel or a contiguous land parcel.

ATCP 10.61(6)(c) (c) A statement indicating whether the fish farm operator engages in any of the following activities:

ATCP 10.61(6)(c)1. 1. Buying, trading, or importing fish or fish eggs for resale, processing, or exchange within this state, other than solely for breeding, bait, or human consumption.

ATCP 10.61(6)(c)2. 2. Distributing fish or fish eggs, other than fish or fish eggs produced on the operator’s fish farm, from any place in this state to any place outside this state.

ATCP 10.61(6)(d) (d) Other relevant information required by the department.

ATCP 10.61 Note Note: A person may obtain an application form under sub. (6) by calling [phone], by visiting the department website at: http://datcp.wi.gov, emailing to [e-mail], or by writing to the following address:

ATCP 10.61 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53718

ATCP 10.61 Note Note: An initial fish farm registration includes fish farm operators who let their fish farm registration certificates lapse for more than one year then apply for a new license.

ATCP 10.61(6m) (6m) Amending registration certificate.

ATCP 10.61(6m)(a) (a) A fish farm registration certificate under this section may be amended during a registration year to do any of the following:

ATCP 10.61(6m)(a)1. 1. Add or remove ponds in a registered facility.

ATCP 10.61(6m)(a)2. 2. Add or remove species of fish or fish eggs hatched or kept at the fish farm.

ATCP 10.61(6m)(a)3. 3. Change registration type.

ATCP 10.61(6m)(a)4. 4. Combine previously separate fish farms located on the same or contiguous parcels and operated by the same legal entity.

ATCP 10.61(6m)(b) (b) To amend a fish farm registration certificate, a fish farm operator shall submit a request to the department on a form provided by the department. The request for amendment shall include all of the following:

ATCP 10.61(6m)(b)1. 1. Current fish farm registration number for each fish farm registration to be amended.

ATCP 10.61(6m)(b)2. 2. The operator’s name, address, and telephone number.

ATCP 10.61(6m)(b)3. 3. Type of amendment requested.

ATCP 10.61(6m)(b)4. 4. A description of the fish farm facilities, identifying any changes made to the facilities since the last registration.

ATCP 10.61(6m)(b)5. 5. Documents demonstrating compliance with the requirements in sub. (3) (g), if amending a type 3 registration to a type 2 or type 1 registration.

ATCP 10.61(6m)(b)6. 6. The registration fee under sub. (7) (a) 2. and the medical separation fee, if required under sub. (5m), when amending a type 1 registration to a type 2 or type 3 fish farm registration. The previous type 1 registration fee payment is not credited toward payment of the type 2 or type 3 fish farm registration.

ATCP 10.61(6m)(b)7. 7. The registration fee under sub. (7) (a) 1. and the medical separation fee, if required under sub. (5m), when amending a type 2 or type 3 registration to a type 1 registration. The previous type 2 or type 3 registration fee payment is not credited toward payment of the type 1 fish farm registration.

ATCP 10.61(6m)(c) (c) Fees are nonrefundable and not prorated for partial year registrations. Registrations are nontransferable between locations or persons.

ATCP 10.61 Note Note: A person may obtain a fish farm registration certificate form by calling [phone], by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.61 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.61(7) (7) Registration fees.

ATCP 10.61(7)(a) (a) Except as provided in par. (c), a fish farm operator shall pay the following annual fish farm registration fees, as applicable:

ATCP 10.61(7)(a)1. 1. A nonrefundable fee of $37.50 for a type 1 fish farm, or a total nonrefundable fee of $50 for 2 or more type 1 fish farms.

ATCP 10.61(7)(a)2. 2. A total nonrefundable fee of $125 for up to 5 type 2 or type 3 fish farms, $150 for more than 5 but not more than 10 type 2 or type 3 fish farms, $200 for more than 10 but not more than 20 type 2 or type 3 fish farms, and $300 for more than 20 type 2 or type 3 fish farms.

ATCP 10.61(7)(b) (b) A medical separation fee specified under s. ATCP 10.025, if required under sub. (5m).

ATCP 10.61(7)(c) (c)

ATCP 10.61(7)(c)1. 1. Primary and secondary school districts are exempt from registration fees under par. (a).

ATCP 10.61(7)(c)2. 2. An individual who is eligible for the veteran’s fee waiver program under s. 45.44, Stats., is exempt from the registration fee under par. (a).

ATCP 10.61(7)(d) (d) A fish farm operator shall pay the full annual registration fee under par. (a) for a fish farm that is registered for any portion of a registration year.

ATCP 10.61(7)(e) (e) A fish farm operator shall pay, in addition to the annual registration fee under par. (a), a surcharge equal to the amount of the fee for the applicable registration fee category if the department determines that, within 365 days prior to submitting a registration application under sub. (6), the operator operated the fish farm without a registration certificate required under sub. (1) or (3). Payment of the surcharge does not relieve the operator of any other penalty or liability that may result from the violation, nor does it constitute evidence of a violation. In addition to the surcharge, the applicant shall pay the fee due for the year in which the applicant failed to obtain the required registration certificate.

ATCP 10.61(7)(f) (f) A fish farm operator who applies for a fish farm registration certificate after that certificate has expired shall pay, in addition to all other fees required under this subsection, a late fee equal to 20% of the registration fees.

ATCP 10.61(8) (8) Action on registration application. The department shall grant or deny a registration application within 30 business days after the department receives a complete application under sub. (6), except that the department shall grant or deny the application within 60 calendar days if the department is required to perform an inspection under sub. (5m) (c).

ATCP 10.61(9) (9) Denying, suspending, or revoking a registration certificate. The department may deny, suspend, or revoke a fish farm registration certificate for cause, including any of the following:

ATCP 10.61(9)(a) (a) Filing an incomplete or fraudulent application, or misrepresenting any information on an application.

ATCP 10.61(9)(b) (b) Violating applicable provisions of ch. 95, Stats., or this chapter.

ATCP 10.61(9)(c) (c) Violating the terms of the registration certificate.

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) (10) Records.

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)2. 2. The date on which the operator received the live fish or fish eggs.