⋅The size, quantity and species of fish or fish eggs received or delivered.
A fish farm operator must make these records available to DATCP, upon request, for inspection and copying.
Denying, Suspending or Revoking a Registration
DATCP may deny, suspend or revoke a fish farm registration for cause, including any of the following:
⋅ Violating ch. 95, Stats., or applicable DATCP rules.
⋅ Violating the terms of the registration
⋅ Preventing a DATCP employee from performing his or her official duties, or interfering with the lawful performance of those duties.
⋅ Physically assaulting a DATCP employee performing his or her official duties.
⋅Refusing or failing, without just cause, to produce records or respond to a DATCP subpoena.
⋅ Paying registration fees with a worthless check.
Fish Imports
Import Permit Required
This rule prohibits any person from importing into this state, without a permit from DATCP, live fish or fish eggs for any of the following purposes:
⋅ ⋅Introducing them into the waters of the state.
⋅ ⋅Selling them as bait, or for resale as bait.
⋅ ⋅Rearing them at a fish farm, or selling them for rearing at a fish farm.
A copy of the import permit must accompany every import shipment. An import permit may authorize multiple import shipments. There is no fee for an import permit. A person importing a non-native species of fish or fish eggs must also obtain a permit from the department of natural resources.
Import Permit Contents
An import permit must specify all of the following:
⋅ ⋅The expiration date of the import permit. An import permit expires on December 31 of the year in which it is issued, unless DATCP specifies an earlier expiration date.
⋅ ⋅The name, address and telephone number of the permit holder who is authorized to import fish or fish eggs under the permit.
⋅ ⋅The number of each fish farm registration certificate, if any, held by the importer.
⋅ ⋅Each species of fish or fish eggs which the importer is authorized to import under the permit.
⋅ ⋅The number and size of fish of each species, and the number of fish eggs of each species, that the importer may import under the permit.
⋅ ⋅The purpose for which the fish or fish eggs are being imported.
⋅ ⋅The name, address and telephone number of every source from which the importer may import fish or fish eggs under the permit.
⋅ ⋅The name, address, telephone number, and fish farm registration number if applicable, of each person in this state who may receive an import shipment under the permit if the person receiving the import shipment is not the importer.
Applying for an Import Permit
A person seeking an import permit must apply on a form provided by DATCP. The application must include all of the following:
⋅ ⋅All of the information which must be included in the permit (see above).
⋅ ⋅A health certificate for each source from which the applicant proposes to import fish or fish eggs of the family salmonidae.
DATCP must grant or deny a permit application within 30 days after it receives a complete application and, in the case of non-native fish DNR approval.
Denying, Suspending or Revoking an Import Permit
DATCP may deny, suspend or revoke an import permit for cause, including any of the following:
⋅ ⋅Violating applicable statutes or rules.
⋅ ⋅Violating the terms of the import permit, or exceeding the import authorization granted by the permit.
⋅ ⋅Preventing a department employe from performing his or her official duties, or interfering with the lawful performance of his or her duties.
⋅ ⋅Physically assaulting a department employe while the employe is performing his or her official duties.
⋅ ⋅Refusing or failing, without just cause, to produce records or respond to a department subpoena.
Import Records
A person importing fish or fish eggs must keep all of the following records related to each import shipment, and must make the records available to the department for inspection and copying upon request:
⋅ ⋅The date of the import shipment.
⋅ ⋅The name, address and telephone number of the source from which the import shipment originated.
⋅ ⋅The name, address, telephone number, and fish farm registration number if applicable of the person receiving the import shipment, if the person receiving the import shipment is not the importer.
⋅ ⋅The location at which the import shipment was received in this state.
⋅ ⋅The size, quantity and species of fish or fish eggs included in the import shipment.
Salmonidae Import Sources; Health Certificates
DATCP may not issue a permit authorizing any person to import fish or fish eggs of the family salmonidae (including trout, salmon, grayling, char, Dolly Vardon, whitefish, cisco or inconnu) unless a fish inspector or an accredited veterinarian certifies, not earlier than January 1 of the year preceding the year in which the applicant applies for the permit, that the fish and fish eggs from the import source were determined to be free of all of the following diseases:
⋅ ⋅Infectious hematopoietic necrosis.
⋅ ⋅Viral hemorrhagic septicemia.
⋅ ⋅Whirling disease, except that eggs from wild stocks need not be certified free of whirling disease.
⋅ ⋅Enteric redmouth.
⋅ ⋅Ceratomyxosis.
A fish inspector issuing a health certificate must be a fish biologist who is certified, by the American Fisheries Society or the state of origin as being competent to perform health inspections of fish.
The accredited veterinarian or fish inspector must issue a health certificate in the state of origin, based on a personal inspection of the fish farm from which the import shipment originates. In the inspection, an accredited veterinarian or a fish inspector must examine a random statistical sample of fish drawn from each lot on the fish farm. From each lot, the veterinarian or inspector must examine a number of fish which is adequate to discover, at the 95% confidence level, any disease that has infected 5% of the lot.
Publication Date:
March 16, 1998
Effective Date:
March 16, 1998
Expiration Date:
See section 9104 (3xr) 1997 Wis. Act 27
EMERGENCY RULES NOW IN EFFECT
Department of Commerce
(Building & Heating, etc., Chs. Comm/ILHR 50-64)
(Uniform Multifamily Dwellings, Ch. ILHR 66)
Rules adopted revising chs. Comm 51, ILHR 57 and 66, relating to commercial buildings and multifamily dwellings.
Finding of Emergency and Rule Analysis
The Department of Commerce finds that an emergency exists and that adoption of the rule is necessary for the immediate preservation of public health, safety, and welfare.
The facts constituting the emergency are as follows. Under ss. 101.02 (15), 101.12, and 101.971 to 101.978, Stats., the Department protects public health, safety, and welfare by promulgating construction requirements for commercial and public buildings, including multifamily dwellings. Present requirements include methods for stopping fire in one area of a building from spreading to another area through service openings in walls, floors, and ceilings, such as penetrations for plumbing and electrical components. The methods that were specified have been shown to fail under fire testing conditions.
The proposed rule impacts all public buildings, which includes multifamily dwellings, and replaces the failed firestopping methods with techniques, materials, and methods that have been tested and nationally recognized. The rule essentially mandates use of tested and listed fire-stop systems for nearly all penetrations of every wall, floor, and ceiling that is required to provide area-separation protection consisting of either a fire-protective membrane or fire-resistive rated construction. The rule also clarifies some problematic, technical provisions that have resulted in confusion and unnecessary costs. Without the proposed rule revisions, firestopping methods that have been proven to be ineffective would still be allowed to be utilized, thereby putting public safety and health at risk.
Pursuant to s. 227.24, Stats., this rules is adopted as an emergency rule to take effect upon publication in the official state newspaper and filing with the Secretary of State and Revisor of Statutes.
Publication Date:
January 28, 1998
Effective Date:
January 28, 1998
Expiration Date:
June 27, 1998
Hearing Date:
March 11, 1998
EMERGENCY RULES NOW IN EFFECT (2)
Department of Commerce
(Financial Resources for Businesses and Communities, Chs. Comm 105 to 128)
1. Rule adopted amending s. Comm 108.21 (1) (f), relating to the emergency grants under the Community Development Block Grant (CDBG) program.
Finding of Emergency
The Department of Commerce (Commerce) finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
A closer examination of the revised rules to take effect on November 1, 1997 will not allow Commerce to award emergency grants to local governments experiencing a natural disaster or catastrophic event using other state or federal grant funds as match. Those rules do not specify a source for the match funds, and up to the present time, many of the emergency grants did use state and/or federal grants as match. The most recent example of an emergency is the tornado that devastated the Village of Oakfield. In that case, the Federal Emergency Management Administration (FEMA) and state Division of Emergency Management (DEM) funds were used as match for a CDBG emergency grant.
The floods that occurred in June 1997 in the Milwaukee area may generate some emergency requests for repair and remediation activities. Under the rules that take effect November 1, 1997, Commerce would not be able to use the FEMA and DEM grants as match for these emergency projects.
The nature of the emergency program makes it impossible to anticipate future applications for obvious reasons. Commerce must have a program in place and ready to respond on short notice when an emergency occurs. The emergency rule will allow the use of other grant funds as match. It is very important that Commerce be ready to respond in a timely manner to the needs of the citizens of this state in times of emergency.
Publication Date:
October 30, 1997
Effective Date:
November 1, 1997
Expiration Date:
March 31, 1998
Hearing Date:
January 13, 1998
2. Rule adopted creating ch. Comm 110, relating to the Brownfields Grant Program.
Exemption From Finding of Emergency
