Chapter ATCP 10

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 Note Note: Species that the department has found to be susceptible to viral hemorrhagic septicemia are listed at: https://datcp.wi.gov/Pages/Homepage.aspx.

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)(b)1. 1. The name and address of the fish farm operator.

ATCP 10.62(3)(b)2. 2. The address of the fish farm.

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) (4) Applying for a permit.

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(4)(a)2. 2. A nonrefundable fee of $90.

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: [phone]
Email: [e-mail]

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)(b) (b) The state of Wisconsin department of natural resources.

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(6)(e) (e) A person hosting a temporary public fishing event meeting the requirements of s. ATCP 10.61 (2) (g).

ATCP 10.62(6)(f) (f) Other persons identified by the department in the permit.

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)(a) (a) The import permit under sub. (1), if required.

ATCP 10.62(7)(b) (b) The date of the import shipment.

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:

ATCP 10.62(7)(c)1. 1. The name and address of the fish farm operator.

ATCP 10.62(7)(c)2. 2. The address of the fish farm.

ATCP 10.62(7)(d) (d) The listed species, quantity, and size or class of fish or fish eggs included in the import shipment.

ATCP 10.62(7)(e) (e) The following information related to the person who received the import shipment in this state:

ATCP 10.62(7)(e)1. 1. The recipient’s name and address.

ATCP 10.62(7)(e)2. 2. The address of the premises in this state at which the recipient took delivery of the import shipment.

ATCP 10.62(7)(e)3. 3. The recipient’s fish farm registration number under s. ATCP 10.61, stocking permit number under s. 29.736, Stats., or a bait dealer license number under s. 29.509, Stats., if relevant to the recipient’s qualification under sub. (6).

ATCP 10.62(7)(f) (f) The name and address of the fish hauler, if different from the importer.

ATCP 10.62 Note Note: An importer must keep records under sub. (7), regardless of whether the importer is located in this state or another state. The department may deny, suspend, or revoke an import permit under sub. (1) if the importer fails to keep records, or fails to make them available to the department for inspection and copying upon request.

ATCP 10.62(7)(g) (g) The fish health certificates that cover all of the listed species of fish or fish eggs imported under the permit.

ATCP 10.62(8) (8) Import records; retention and availability. A person who is required to keep import records under sub. (7) shall retain those records for at least 5 years, and shall make them available to the department for inspection and copying upon request.

ATCP 10.62(9) (9) Importing diseased fish. No person may import any live fish or fish eggs into this state if that person knows, or has reason to know, that those fish or fish eggs are infected or show clinical signs of any reportable disease under s. ATCP 10.66.

ATCP 10.62(10) (10) Suspending or revoking an import permit.

ATCP 10.62(10)(a) (a) The department may by written notice, without prior notice or hearing, suspend or revoke an import permit under sub. (1) for cause, including any of the following:

ATCP 10.62(10)(a)1. 1. Filing an incomplete or fraudulent permit application, or misrepresenting any information on a permit application.

ATCP 10.62(10)(a)2. 2. Violating applicable provisions of ch. 95, Stats., or this chapter.

ATCP 10.62(10)(a)3. 3. Violating the terms of the import permit, or exceeding the import authorization granted by the permit.

ATCP 10.62(10)(b) (b) The state veterinarian may issue a notice under par. (a) on behalf of the department. A notice under par. (a) shall state the reasons for the suspension or revocation.

ATCP 10.62 Note Note: A permit holder may request a hearing on the suspension or revocation of an import permit, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay a summary suspension or revocation under par. (a).

ATCP 10.62 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (4) (c) Register June 2008 No. 630, eff. 7-1-08; CR 07-107: cr. (2) (b) 3. and (c) 3., am. (3) (c) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am (1) (a) 3., (b) (intro.), 2., (c), cr. (1) (e), am. (2) (b) (intro.), 3., (c) 3., cr. (2) (e), am. (3) (b) 2., (c), r. (3) (d) to (f), (4) (b), renum. (6) (e) to be (f), cr. (6) (e), am. (7) (intro.), (c) 2., (d), (e) 2., cr. (7) (g) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1) (a) 4., (2) (d),cr. (2) (f), renum. (4) (intro.) to (4) (a) (intro.) and am., renum. (4) (a) and (c) to (4) (a) 1. and 2., cr. (b) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (7) (intro.), (a) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (a) 3., (2) (e) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.63 ATCP 10.63 Fish introduced into waters of the state.

ATCP 10.63(1) (1) Valid health certificate required.

ATCP 10.63(1)(a) (a) Except as provided under par. (b), no person may introduce any fish or fish eggs into waters of the state unless those fish or fish eggs are covered by a valid health certificate under s. ATCP 10.65. A qualified fish health inspector shall issue the health certificate based on an inspection of the fish or fish eggs, or of the farm from which they originate. A health certificate does not cover an introduction that occurs after the health certificate expires.

ATCP 10.63 Note Note: See also fish stocking regulations under s. 29.736, Stats.

ATCP 10.63(1)(b) (b) A health certificate is not required for 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 10.63 Note Note: Species that the department has found to be susceptible to viral hemorrhagic septicemia are listed at: https://datcp.wi.gov/Pages/Homepage.aspx.

ATCP 10.63(2) (2) Diseased fish. No person may introduce live fish or fish eggs into waters of the state, or distribute live fish or fish eggs for sale as bait, if that person knows, or has reason to know, that those fish or fish eggs are infected with or show clinical signs of any reportable disease under s. ATCP 10.66.

ATCP 10.63 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; EmR0822: emerg. am. (2), eff. 7-9-08; CR 07-107: am. (2) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: renum. (1) to be (1) (a) and am., cr. (1) (b) Register July 2012 No. 679, eff. 8-1-12; CR 18-085: am. (1) (b) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.64 ATCP 10.64 Fish moved within this state.

ATCP 10.64(1) (1) Valid health certificate required. Except as provided in sub. (3), no person may move any live fish or fish eggs of a species that the department has identified as being susceptible to viral hemorrhagic septicemia (VHS) from a type 3 fish farm to any other location in this state, unless those fish or fish eggs are covered by a valid health certificate under s. ATCP 10.65. A qualified fish health inspector shall issue the health certificate based on an inspection of the fish or fish eggs, or of the farm from which they originate. A health certificate does not cover a movement that occurs after the health certificate expires.

ATCP 10.64 Note Note: Species that the department has found to be susceptible to viral hemorrhagic septicemia are listed at: https://datcp.wi.gov/Pages/Homepage.aspx.

ATCP 10.64(2) (2) Diseased fish. No person may move any live fish or fish eggs between fish farms in this state, or from a fish farm to any other location in this state, if that person knows, or has reason to know, that those fish or fish eggs are infected with or show clinical signs of any reportable disease under s. ATCP 10.66.

ATCP 10.64(3) (3) Exemptions. Subsection (1) does not apply to any of the following:

ATCP 10.64(3)(a) (a) Live fish or fish eggs moved between type 3 fish farms registered under s. ATCP 10.61, if the operator keeps a complete record of the movement under s. ATCP 10.61 (10).

ATCP 10.64(3)(b) (b) Fish or fish eggs moved 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 10.64(3)(b)1. 1. Hold any of the fish or fish eggs for more than 30 days prior to slaughter or direct sale to consumers.

ATCP 10.64(3)(b)2. 2. Commingle the live fish or fish eggs with fish or fish eggs that may be used for any other purpose.

ATCP 10.64(3)(b)3. 3. 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 10.64(3)(b)4. 4. Discharge to waters of the state any untreated water used to hold or process any of the fish or fish eggs.

ATCP 10.64(3)(b)5. 5. 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 10.64(3)(c) (c) Live fish or fish eggs shipped to a specific location for direct sale to consumers as food, provided that all of the following requirements are met:

ATCP 10.64(3)(c)1. 1. Records are kept in compliance with s. ATCP 10.61 (10).

ATCP 10.64(3)(c)2. 2. No fish leave the event live, except to return to the farm of origin or directly to slaughter.

ATCP 10.64(3)(c)3. 3. Fish are held in a self-contained enclosure.

ATCP 10.64(3)(c)4. 4. Fish are not commingled with fish from any other source.

ATCP 10.64(3)(c)5. 5. No untreated water used to hold the fish or fish eggs is discharged to waters of the state.

ATCP 10.64 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; EmR0822: emerg. am. (1) and (2), cr. (3), eff. 7-9-08; CR 07-107: am. (1) and (2), cr. (3) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1), (3) (a), (b) (intro.), 2., cr. (3) (c) Register July 2012 no. 679, eff. 8-1-12; CR 18-085: am. (1), (3) (a) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.645 ATCP 10.645 Bait fish from wild sources. No bait dealer who is required to hold a license under s. 29.509, Stats., may distribute for use as bait any of the following fish or fish eggs, of a species that the department has identified as being susceptible to viral hemorrhagic septicemia (VHS), unless the fish or fish eggs are covered by a valid fish health certificate that complies with s. ATCP 10.65:

ATCP 10.645(1) (1) Fish or fish eggs collected from a wild source within the 12 month period immediately preceding the distribution date.

ATCP 10.645(2) (2) Fish or fish eggs from a type 3 fish farm.

ATCP 10.645 Note Note: A “wild source” under s. ATCP 10.645 includes a wild source in this state or outside this state. Fish and fish eggs imported from other states (including bait fish and fish eggs) must also comply with import requirements under s. ATCP 10.62. Species that the department has found to be susceptible to viral hemorrhagic septicemia are listed at: https://datcp.wi.gov/Pages/Homepage.aspx. Section ATCP 10.645 applies to additional species if and when the department finds that those species are susceptible.

ATCP 10.645 History History: EmR0822: emerg. cr. eff. 7-9-08; CR 07-107: cr. Register November 2008 No. 635, eff. 12-1-08; CR 18-085: am. (intro.) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.65 ATCP 10.65 Fish health certificates.