⋅ ⋅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
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
Hearing Date:
April 27, 1998
EMERGENCY RULES NOW IN EFFECT
Commerce
(Petroleum Environmental Cleanup Fund,
Ch. ILHR 47)
Rules adopted revising ch. ILHR 47, relating to the petroleum environmental cleanup fund.
Finding of Emergency and Rule Analysis
The Department of Commerce finds that an emergency exists and that adoption of a rule is necessary for the immediate preservation of public health, safety and welfare.
The facts constituting the emergency are as follows. Under ss. 101.143 and 101.144, Stats., the Department protects public health, safety, and welfare by promulgating rules for and administering the Petroleum Environmental Cleanup Fund (PECFA fund). The purpose of the fund is to reimburse property owners for eligible costs incurred because of a petroleum product discharge from a storage system or home oil tank system. Claims made against the PECFA fund are currently averaging over $15,000,000 per month. Approximately $7,500,000 per month is allotted to the fund for the payment of claims. The fund currently has a backlog of $250,000,000 representing almost a 30-month backlog of payments to be made to claimants. linmediate cost saving measures must be implemented to mitigate this problem.
The rules make the following changes to manage and reduce remediation costs:
Administrative Elements.
These changes include updating the scope and coverage of the rules to match current statutes, clarifying decision making for remedial action approvals and providing new direction to owners, operators and consulting firms.
Progress Payments.
Progress payments are proposed to be reduced for some owners and sites. The criteria that trigger payments will now also be based on outcomes. The timing of payments from the fund is designed to benefit those that get sites successfully remediated and to create incentives for the use of the flexible closure tools and natural attenuation tools that were created by the Department of Natural Resources. Applications submitted before the effective date of the new rules would still be subject to the current rules.
Remedial Alternative Selection.
