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.

ATCP 10.65(1) (1) General. A fish health certificate under s. ATCP 10.61 (3) (g) 2. and (5m) (b), 10.62 (1) (d) and (2) (f), 10.63 (1), 10.64 (1), or 10.645 shall comply with this section.

ATCP 10.65(2) (2) Issuing a health certificate. A qualified fish health inspector shall issue a fish health certificate on a form provided by the department, or on a form approved by the department, and shall file a copy of the health certificate with the department within 7 days after issuing the health certificate.

ATCP 10.65 Note Note: To obtain a health certificate form, contact the department at the following address:

ATCP 10.65 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 10.65(3) (3) Inspection required. A qualified fish health inspector shall issue a fish health certificate based on his or her personal inspection of one of the following, using appropriate inspection, sampling, and diagnostic methods specified in the certificate form:

ATCP 10.65(3)(a) (a) An individual shipment of live fish or fish eggs. The health certificate shall clearly identify the source and contents of the individual shipment. The description shall include the species of live fish or fish eggs, the quantity of live fish or fish eggs of each species, and the size of live fish of each species.

ATCP 10.65(3)(b) (b) A fish farm. The fish health certificate shall include the name and address of the fish farm operator, the name and address of the fish farm, and the fish farm’s livestock premises code if any.

ATCP 10.65 Note Note: A certificate form that specifies inspection, sampling, and diagnostic requirements under sub. (3) 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 fish health certificate does not comply with instructions on the certificate form, the health certificate is invalid.

ATCP 10.65(4) (4) Certificate contents.

ATCP 10.65(4)(a) (a) A fish health certificate under s. ATCP 10.62 (1) (d) or (2) (f) 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)(a)1. 1. Visible signs of contagious or infectious disease.

ATCP 10.65(4)(a)2. 2. Infectious hematopoietic necrosis, viral hemorrhagic septicemia (VHS), and whirling disease (Myxobolus cerebralis) if an import shipment covered by the health certificate includes salmonids.