(4) The department proposes to adopt rules restricting the use of clomazone herbicides. The proposed restrictions are reasonably designed to reduce or eliminate damage to non-target plants from clomazone applications. Without these restrictions, continued clomazone applications will likely result in continued incidents of off-target movement and nontarget damage during the 1998 planting and growing season.
(5) Clomazone herbicides are commonly applied during spring planting. The department must adopt restrictions by emergency rule in order for those restrictions to take effect prior to the 1998 spring planting and application period. The department finds that an emergency rule under s. 227.24, Stats., is imperatively required to preserve the public peace and welfare in 1998, pending completion of normal rulemaking procedures under ch. 227, Stats.
Publication Date:
March 15, 1998
Effective Date:
March 15, 1998
Expiration Date:
August 12, 1998
Hearing Date:
April 28, 1998
2. Rules adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish and fish eggs.
Exemption From Finding of Emergency
(1) The department of agriculture trade and consumer protection is adopting this emergency rule to implement s. 95.60, Stats., which was created by 1997 Wis. Act 27.
(2) Section 9104(3xr) of 1997 Wis Act 27 authorizes the department to adopt this emergency rule without the normal finding of emergency. It further provides that the emergency rule will remain in effect until January 1, 1999 or until a permanent rule takes effect, whichever comes first.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07(1), 95.60(4s)(e) and (5)
Statutes interpreted: s. 95.60
This emergency rule implements s. 95.60, Stats., by doing all of the following:
Establishing an interim procedure for registering fish farms in 1998. The department plans to adopt permanent rules, which may differ from this emergency rule, relating to registration of fish farms after 1998.
Establishing interim permit requirements for importing live fish or fish eggs into Wisconsin.
Requiring fish farm operators and fish importers to keep records.
Fish Farms
Registration
Under s. 95.60, Stats., as enacted by 1997 Wis. Act 27 effective October 14, 1997, the Department of Agriculture, Trade and Consumer Protection (DATCP) is responsible for registering fish farms in Wisconsin. The new annual registration program replaces an annual licensing program previously administered by the Department of Natural Resources (DNR).
DNR licensed more than 2000 fish farms for calendar year 1997. Fish farms previously licensed by DNR must now be registered with DATCP. DATCP's 1998 registration requirement takes effect immediately after DNR's 1997 license requirement expires.
Registration Procedures; General
This emergency rule establishes interim fish farm registration procedures. Under this emergency rule:
⋅ ⋅No person may operate a fish farm without a DATCP registration certificate. A registration certificate expires on December 31, 1998.
⋅ ⋅A registration certificate is effective on the day it is issued except that, if a fish farm operator licensed by DNR in 1997 files a renewal application with DATCP by April 10, 1998, the DATCP registration certificate is retroactive to January 1, 1998.
⋅ ⋅Fish farm registrations are not transferable between persons or locations. A person who operates 2 or more fish farms at non-contiguous locations must obtain a separate registration certificate for each location.
Registration Categories
A fish farm operator must hold a type A, B, C or D registration certificate for that fish farm:
⋅ ⋅A type A registration is normally required for a fish farm at which the operator does any of the following:
*Hatches fish or produces fish eggs at that fish farm for sale or trade to any person.
*Allows public fishing, for a fee, for fish hatched at that fish farm.
⋅ ⋅A type B registration is normally required if the fish farm operator does any of the following and does not hold a type A registration:
*Allows public fishing at the fish farm for a fee.
*Sells or trades fish, from the fish farm, to any person.
⋅⋅A type C registration authorizes the registrant to operate a fish farm. It does not authorize activities for which a type A or B registration is required, except that a type C registrant may do either of the following without a type A or B registration:
*Sell minnows to any person
*Sell fish or fish eggs to a type A registrant.
⋅ ⋅A type D registration authorizes the registrant to sell or trade fish from a fish farm without a type A or B registration if all of the following apply:
*The operator does not hatch fish, produce fish eggs or permit public fishing for a fee at that fish farm.
*The fish farm consists solely of ponds used to hold or grow fish.
*The operator holds a type A or B registration certificate for another fish farm located on a nonadjacent parcel of land.
Registration Fees
This emergency rule establishes the following registration fees:
⋅ ⋅Type A registration $50.00
⋅ ⋅Type B registration $25.00
⋅ ⋅Type C registration $ 5.00
⋅ ⋅Type D registration $ 5.00
School systems operating fish farms must register with DATCP but are exempt from fees. The operator of a fish farm registered for less than a full year must pay the full year's fee.
If an operator was licensed by DNR in 1997, but files a renewal application with DATCP after April 10, 1998, the operator must pay a late renewal fee equal to 20% of the registration fee or $5.00, whichever is greater.
Deadlines for DATCP Action on Registration Applications
If a person licensed by DNR to operate a fish farm in 1997 applies to register that fish farm with DATCP, DATCP must grant or deny the application within 30 days after the applicant files a complete application, including the correct fee, with DATCP. DATCP will deny the application, if the applicant has not filed a 1997 “private fish hatchery annual report” with the department of natural resources.
If a person applying to register a fish farm was not licensed by the department of natural resources to operate that fish farm in 1997, DATCP must grant or deny that person's registration application within 30 days after all of the following occur:
⋅The applicant files a complete application including the correct fee.
⋅DNR informs DATCP that DNR has approved the facility.
Recordkeeping
This emergency rule requires a fish farm operator to keep the following records for all fish and fish eggs which the operator receives from or delivers to another person:
⋅The name, address, and fish farm registration number if any, of the person from whom the operator received or to whom the operator delivered the fish or fish eggs.
⋅The date on which the operator received or delivered the fish or fish eggs.
⋅The location at which the operator received or delivered the fish or fish eggs.
⋅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
