ATCP 10.61(10)(c)4.4. The listed species, quantity, and size of live fish or fish eggs sold or delivered.
ATCP 10.61(10)(c)5.5. Any import permit required under s. ATCP 10.62 and any health certificate required under s. ATCP 10.65 (1).
ATCP 10.61(10)(d)(d) Records on sales to consumers for food. A fish farm operator who sells live fish or fish eggs directly to consumers for food is not required to keep records on those sales of fish or fish eggs directly to consumers for food.
ATCP 10.61 NoteNote: A fish farm operator who sells live fish or fish eggs directly to consumers for food is, however, still required to keep records of all other sales and deliveries of fish and fish eggs as specified in this subsection.
ATCP 10.61(10)(e)(e) Records on sales of bait. A fish farm operator who sells farm-raised fish or fish eggs from the fish farm in a retail sale directly to a consumer for bait is not required to keep records on those sales of fish or fish eggs directly to consumers for bait.
ATCP 10.61 NoteNote: A fish farm operator who sells live fish or fish eggs directly to consumers for bait is, however, still required to keep records of all other sales and deliveries of fish and fish eggs as specified in this subsection.
ATCP 10.61(11)(11)Fish source.
ATCP 10.61(11)(a)(a) No person selling or distributing fish or fish eggs may misrepresent, directly or by implication, the source or disposition of those fish or fish eggs.
ATCP 10.61(11)(b)(b) Except as provided in par. (c), a person transporting fish or fish eggs from a fish farm shall have documentary evidence showing that the person obtained those fish from that fish farm. Evidence may include a bill of sale, bill of lading, import permit, health certificate, certificate of veterinary inspection, or other document which identifies the fish farm.
ATCP 10.61(11)(c)(c) A person transporting fish or fish eggs, not required under this subchapter to be accompanied by any of the documents listed in par. (b), shall keep with the shipment a copy of the current fish farm registration certificate and a copy of the most recent fish farm registration application listing the species of fish held or reared by the fish farm.
ATCP 10.61(12)(12)Registrant responsibility. A person who registers a fish farm under sub. (1) shall ensure that fish farm operations comply with relevant provisions of this chapter. This subsection does not relieve other persons of liability for violations of this chapter.
ATCP 10.61 NoteNote: If the Wisconsin Department of Natural Resources (DNR) registers as the operator of a privately owned “cooperator” fish farm under sub. (1), DNR is responsible for ensuring that all operations of that fish farm comply with this chapter (the private operator may also be held responsible if that operator violates this chapter).
ATCP 10.61(13)(13)Reinspections.
ATCP 10.61(13)(a)(a) The department may charge, to the holder of a registration under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.
ATCP 10.61(13)(b)(b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a re-registration application form to the fish farm operator.
ATCP 10.61 HistoryHistory: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am.(4), (5), (6) (c) and (7) (a), r. and recr. (7) (b) Register June 2008 No. 630, eff. 7-1-08; EmR0822: emerg. cr. (12), eff. 7-9-08; CR 07-107: am. (1) (intro.), (2) (intro.) and (5), r. and recr. (3), (6) and (7), cr. (5m) and (12) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (a), (2) (b), cr. (2) (b) 3., am. (2) (d), cr. (2) (d) 3., (g), (h), (i), am. (3) (c), cr. (3) (d) 3., r. (3) (e), (f), am. (5m) (a) (intro.), (c), cr. (6m), am. (7) (b), (e), (10) (a), (b), cr. (10) (c), (d), (e), am. (11) (b), cr. (11) (c), (13) Register July 2012 No. 679, eff. 8-1-12; correction in (7) (b) under s. 13.92 (4) (b) 7. Register July 2012 No. 679; CR 13-058: am. (5m) (b), renum. (6) (b) 1. to (6) (b) 1. (intro.), a., b., d., cr. (6) (b) 1. c., renum. (7) (c) to (7) (c) 1., cr. (7) (c) 2., am. (8), renum. (10) (d) (intro.) to (10) (d) and am., r. (10) (d) 1. to 5., renum. (10) (e) (intro.) to (10) (e) and am., r. (10) (e) 1. to 3. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (7) (e), cr. (7) (f) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (5m) (b), (c), (6) (intro.), (6m) (b) 6., 7., r. and recr. (7) (b), am. (7) (f), (10) (a) 5., (c) 5., (13) (b) Register May 2020 No. 773, eff. 6-1-20.
ATCP 10.62ATCP 10.62Fish imports.
ATCP 10.62(1)(1)Import permit required.
ATCP 10.62(1)(a)(a) Except as provided in sub. (2), no person may import live fish or fish eggs into this state for any of the following purposes without a written import permit from the department that covers all of the imported fish or fish eggs:
ATCP 10.62(1)(a)1.1. Introducing the fish or fish eggs into waters of the state.
ATCP 10.62(1)(a)2.2. Using the fish or fish eggs as bait.
ATCP 10.62(1)(a)3.3. Holding or rearing the fish, or hatching the fish eggs, at a fish farm for which a registration certificate is required under s. ATCP 10.61 (1) if the imported fish or fish eggs are harvested from the wild.
ATCP 10.62(1)(a)4.4. Selling or distributing the fish or fish eggs for any of the purposes listed under subds. 1. or 2.
ATCP 10.62(1)(b)(b) An import permit under par. (a) expires on the next October 31, unless the department specifies an earlier expiration date in the permit. A permit is not transferable between importers. A permit does not authorize any of the following:
ATCP 10.62(1)(b)1.1. An import shipment that violates the terms of the permit.
ATCP 10.62(1)(b)2.2. An import shipment that is not covered by a valid health certificate under s. ATCP 10.65.
ATCP 10.62(1)(c)(c) An import permit under par. (a) shall include all of the information required under sub. (3).
ATCP 10.62(1)(d)(d) A complete copy of the import permit, and one or more valid health certificates under s. ATCP 10.65 that cover all of the listed species of fish or fish eggs imported in the shipment, shall accompany every import shipment under par. (a). A health certificate does not cover an import shipment that occurs after the health certificate expires.
ATCP 10.62(1)(e)(e) A single import permit under par. (a) may authorize imports from multiple sources.