Chapter ATCP 10

ATCP 10.65(4)(c)3. 3. Other diseases, if any, specified on the certificate form. The certificate form shall identify the species for which, and circumstances under which, the disease-free certification is required.

ATCP 10.65(4)(d) (d) A fish health certificate issued under s. ATCP 10.645 shall certify that the listed species of fish and fish eggs in the inspected shipment, or at the inspected fish farm, are free of all of the following:

ATCP 10.65(4)(d)1. 1. Visible signs of contagious or infectious disease.

ATCP 10.65(4)(d)2. 2. Viral hemorrhagic septicemia (VHS).

ATCP 10.65(4)(d)3. 3. Other diseases, if any, specified on the certificate form. The certificate form shall identify the species for which, and circumstances under which, the disease-free certification is required.

ATCP 10.65 Note Note: A fish health certificate is required under s. ATCP 10.645 whenever a bait dealer distributes as bait any of the following fish or fish eggs of a species that the department has identified as being susceptible to VHS:

ATCP 10.65 Note •   Fish or fish eggs collected from a wild source (in Wisconsin or elsewhere) within the 12 month period immediately preceding the distribution date.

ATCP 10.65 Note •   Fish or fish eggs from a type 3 fish farm.

ATCP 10.65(4)(e) (e) A fish health certificate shall include test results from a qualified laboratory to confirm the statements under pars. (a) to (d) if those test results are required by the certificate form.

ATCP 10.65(4)(f) (f) Fish egg inspection under this subsection may be based on brood stock inspection or an egg disinfection method approved by the federal bureau and listed on the certificate form. If testing is required by the certificate form, testing of the brood stock shall also be performed.

ATCP 10.65 Note Note: A certificate form that includes requirements under par. (a) 5., (b) 4., (c) 3., (d) 3., (e), or (f) constitutes an order under s. 93.07 (10), Stats., which is subject to review in a contested case hearing under ch. 227, Stats., and ch. ATCP 1, unless the department adopts those requirements by rule. If a health certificate does not comply with instructions on the certificate form, the health certificate is invalid.

ATCP 10.65(4m) (4m) Expiration date.

ATCP 10.65(4m)(a) (a) Except as provided in par. (b):

ATCP 10.65(4m)(a)1. 1. A health certificate based on an inspection under sub. (3) (a) expires 30 days after it is issued unless the department by written notice specifies a different expiration date.

ATCP 10.65(4m)(a)2. 2. A health certificate based on an inspection under sub. (3) (b) expires one year after it is issued unless the department by written notice specifies a different expiration date.

ATCP 10.65(4m)(b) (b) A health certificate covering a fish farm, or covering a shipment of fish or fish eggs, is automatically voided if any fish or fish eggs not covered by a valid health certificate are added to that fish farm or shipment.

ATCP 10.65 Note Note: A shipment of fish or fish eggs that is covered by more than one fish health certificate must be delivered prior to the expiration of ANY of the fish health certificates covering fish or fish eggs in that shipment.

ATCP 10.65(5) (5) Department action.

ATCP 10.65(5)(a) (a) The department may, for cause, do any of the following by issuing written notice to the person who issued a fish health certificate:

ATCP 10.65(5)(a)1. 1. Invalidate the health certificate.

ATCP 10.65(5)(a)2. 2. Change the expiration date of the health certificate.

ATCP 10.65(5)(a)3. 3. Impose conditions or limitations on the health certificate.

ATCP 10.65 Note Note: In addition to giving the required notice under par. (a), the department will also attempt to notify other persons identified on the health certificate.

ATCP 10.65(5)(b) (b) Cause under par. (a) may include any of the following:

ATCP 10.65(5)(b)1. 1. An apparent violation of this section.

ATCP 10.65(5)(b)2. 2. Reasonable grounds to suspect that the health certificate may be inaccurate or unreliable.

ATCP 10.65(5)(b)3. 3. New disease concerns that are not adequately addressed by the health certificate.

ATCP 10.65(5)(b)4. 4. Special disease concerns that are not adequately addressed by the health certificate. These may include special disease concerns related to the species of fish or fish eggs, or the source from which the fish or fish eggs originate.

ATCP 10.65 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; EmR0822: emerg. am. (1), r. and recr. (4), (4m) and (5) (b) 4., eff. 7-9-08; CR 07-107: am. (1), r. and recr. (4), (4m) and (5) (b) 4. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1), (2), (3) (a), (4) (a) (intro.), 4., (b) (intro.), (c) (intro.), 2., (d), (f) Register July 2012 No. 679, eff. 8-1-12; CR 18-085: am. (1) , (4) (a) (intro.), 4., (b) (intro.), 3., (c) (intro.), 2. Register May 2020 No. 773, eff. 6-1-20; correction in (4) (c) (intro.) made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.655 ATCP 10.655 Fish reintroduced into their original wild source.

ATCP 10.655(1) (1) Health certificate exemption. Section ATCP 10.65 does not apply to the reintroduction of fish or fish eggs to the same lake from which they, or the eggs from which they were hatched, were collected, or to the same point or a downstream point in the same river system from which they, or the eggs from which they were hatched, were collected, if all of the following apply:

ATCP 10.655(1)(b) (b) The collection and reintroduction are approved, in writing, and records of the movement are kept under sub. (2), by the Wisconsin department of natural resources.

ATCP 10.655(1)(c) (c) The reintroduction is designed to increase or rehabilitate a population of desirable sport fish species.

ATCP 10.655(1)(d) (d) The fish or fish eggs are reintroduced within 30 days after they are collected, or within 30 days after the fish are hatched, whichever is later.

ATCP 10.655(1)(e) (e) The fish or fish eggs are not commingled with fish or fish eggs from any other source.

ATCP 10.655(2) (2) Records. The records of movement required under sub. (1) (b) shall be maintained for at least 5 years and shall include all of the following:

ATCP 10.655(2)(a) (a) The correct legal name and address of the applicant.

ATCP 10.655(2)(b) (b) The location from which the fish or fish eggs will be collected.

ATCP 10.655(2)(c) (c) The location at which the fish or fish eggs will be reintroduced.

ATCP 10.655(2)(d) (d) The purpose for the reintroduction.

ATCP 10.655(2)(e) (e) Documentation showing that the department of natural resources has approved the collection and reintroduction under sub. (1) (b).

ATCP 10.655(2)(f) (f) Documentation indicating that the reintroduction will comply with other requirements under sub. (1) (c) to (e).

ATCP 10.655(2)(g) (g) Other relevant information required by the department.

ATCP 10.655 History History: EmR0822: emerg. cr. eff. 7-9-08; CR 07-107: cr. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (title), (intro.) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: r. (1) (a), am. (1) (b), r. and recr. (2), r. (3), (4) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (intro.) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.66 ATCP 10.66 Fish diseases; reporting.

ATCP 10.66(1) (1) Report required. Except as provided in sub. (2), a person who tests for or obtains credible diagnostic evidence of any of the following diseases in this state shall report that diagnosis or evidence to the department in writing, by mail, e-mail, or fax, within 10 days after making the diagnosis or obtaining the evidence:

ATCP 10.66(1)(a) (a) Any aquatic animal disease that is foreign or exotic to Wisconsin.

ATCP 10.66(1)(b) (b) Any fish disease identified in ch. ATCP 10 Appendix B.

ATCP 10.66(2) (2) Exemptions.

ATCP 10.66(2)(a) (a) Subsection (1) does not require a person to report a diagnosis made by, or a diagnostic evidence received from, the department, the Wisconsin veterinary diagnostic laboratory, or the Wisconsin department of health services.

ATCP 10.66(2)(b) (b) A person is not required to make a report under sub. (1) if another person reports the same information under sub. (1) or (2).

ATCP 10.66 Note Note: For example, if a qualified fish health inspector submits a test sample to a laboratory and receives a positive test result for a disease identified under sub. (1), the inspector is not required to report the test result to the department if the laboratory does so.

ATCP 10.66(3) (3) Notice to the department of natural resources. If the department determines that a disease reported under sub. (1) may present a threat to fish or other aquatic animals in waters of the state, the department shall notify the department of natural resources of the report contents.

ATCP 10.66 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: r. and recr. (1) (b), r. (1) (c) to (L) Register November 2008 No. 635, eff. 12-1-08; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register May 2011 No. 665; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688.

ATCP 10.67 ATCP 10.67 Fish health inspectors and laboratories.

ATCP 10.67(1) (1) Qualified fish health inspectors.

ATCP 10.67(1)(a) (a) The following individuals are qualified fish health inspectors, for purposes of this subchapter, unless disqualified under par. (b):

ATCP 10.67(1)(a)1. 1. A Wisconsin certified veterinarian who has completed a fish health inspection training program approved by the department.

ATCP 10.67(1)(a)2. 2. For purposes of an action taken under this chapter outside this state, any accredited veterinarian.

ATCP 10.67(1)(a)3. 3. An individual who is currently certified by the American fisheries society as a fish health inspector or fish pathologist, and who has completed fish health inspection training approved by the department.

ATCP 10.67(1)(a)4. 4. An individual who is currently authorized by a state to conduct official fish health inspections in that state, and who has completed a fish health inspection training program approved by the department.

ATCP 10.67(1)(b) (b) The department may for cause, by written notice and without prior notice or hearing, disqualify an individual from acting as a qualified fish health inspector under this subchapter. Cause may include a violation of this subchapter, or the issuance of unreliable health certificates under this subchapter. The state veterinarian may issue a disqualification notice on behalf of the department. The notice shall specify the cause for which it is issued.

ATCP 10.67 Note Note: An individual disqualified under sub. (1) (b) may request a hearing on the disqualification, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay a summary disqualification.

ATCP 10.67(2) (2) Qualified laboratories.

ATCP 10.67(2)(a) (a) The following laboratories are qualified laboratories, for purposes of this subchapter, unless disqualified under par. (c):

ATCP 10.67(2)(a)1. 1. A laboratory approved by the federal bureau for purposes of disease testing related to interstate movement of fish or fish eggs.

ATCP 10.67(2)(a)2. 2. A laboratory approved by the department for purposes of disease testing related to compliance with this subchapter, including imports of fish or fish eggs.

ATCP 10.67(2)(a)3. 3. A federal or state veterinary diagnostic laboratory.

ATCP 10.67 Note Note: You may obtain information related to qualified laboratories by contacting the department at the following address:

ATCP 10.67 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 10.67(2)(b) (b) A laboratory operator may request department approval under par. (a) 2. The department may require documentation to show that the laboratory is qualified to test fish and fish eggs for relevant diseases. The department shall approve or disapprove a laboratory within 30 days after the department receives the approval request or, if the department requests documentation under this paragraph, within 30 days after the department receives all of the requested documentation.

ATCP 10.67(2)(c) (c) The department may for cause, by written notice and without prior notice or hearing, disqualify a laboratory from acting as a qualified laboratory under this subchapter. Cause may include a violation of this subchapter, a record of incorrect test results under this subchapter, or other material evidence that the laboratory is not qualified. The state veterinarian may issue a disqualification notice on behalf of the department. The notice shall specify the cause for disqualification.

ATCP 10.67 Note Note: The operator of a laboratory disqualified under sub. (1) (b) may request a hearing on the disqualification, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay a summary disqualification.

ATCP 10.67(3) (3) Misrepresentation. No person may misrepresent any of the following, directly or by implication:

ATCP 10.67(3)(a) (a) That an individual is a qualified fish health inspector.

ATCP 10.67(3)(b) (b) That a laboratory is a qualified laboratory.

ATCP 10.67(3)(c) (c) Any relevant matters related to a fish health inspection or laboratory test under this subchapter.

ATCP 10.67 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.

subch. IX of ch. ATCP 10 Subchapter IX — Sheep

ATCP 10.68 ATCP 10.68 Sheep; brucella ovis-free flock.

ATCP 10.68(1) (1) Initial certification. The department may certify a flock of sheep as a certified brucella ovis-free flock if the flock owner provides proof that all rams in the flock over 6 months old have tested negative for brucella ovis in 2 successive enzyme linked immune serum assay (elisa) tests, or other tests approved by the department. The tests shall be conducted at least 45 days but not more than 60 days apart.

ATCP 10.68(2) (2) Renewal. The department may re-issue a certification under sub. (1) if, within 14 months after the last certification date, the flock owner submits the results of another flock test showing that all rams in the flock have tested negative for brucella ovis. If a herd owner fails to meet the deadline under this subsection, certification expires and may not be reinstated except by the procedure under sub. (1).

ATCP 10.68(2m) (2m) Every application for certification under sub. (1) or certification re-issuance under sub. (2) shall include a nonrefundable fee of $50 for each year of certification.

ATCP 10.68(3) (3) Revocation. The department may by written notice to the flock owner, without prior notice or hearing, summarily revoke a flock certification under this section if any ram in the flock tests positive for brucella ovis. The state veterinarian may issue the revocation notice on behalf of the department.

ATCP 10.68 Note Note: A flock owner affected by a revocation notice under sub. (3) may request a hearing under s. 227.42, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.

ATCP 10.68(4) (4) Handling reactors. If a ram tests positive for brucella-ovis, the flock owner shall do one of the following:

ATCP 10.68(4)(a) (a) Segregate and castrate the ram, under department supervision.

ATCP 10.68(4)(b) (b) Ship the ram directly to a slaughtering establishment for slaughter, pursuant to a completed federal bureau form VS 1-27 or a department permit under s. ATCP 10.08 (3).

ATCP 10.68 Note Note: Federal bureau form VS 1-27 must be completed by an accredited veterinarian, an authorized state animal health official, or the federal bureau.