Chapter ATCP 10

ATCP 10.64 Note Note: Species that the department has found to be susceptible to viral hemorrhagic septicemia are listed at: https://datcp.wi.gov/Pages/Homepage.aspx.

ATCP 10.64(2) (2) Diseased fish. No person may move any live fish or fish eggs between fish farms in this state, or from a fish farm to any other location in this state, if that person knows, or has reason to know, that those fish or fish eggs are infected with or show clinical signs of any reportable disease under s. ATCP 10.66.

ATCP 10.64(3) (3) Exemptions. Subsection (1) does not apply to any of the following:

ATCP 10.64(3)(a) (a) Live fish or fish eggs moved between type 3 fish farms registered under s. ATCP 10.61, if the operator keeps a complete record of the movement under s. ATCP 10.61 (10).

ATCP 10.64(3)(b) (b) Fish or fish eggs moved to a food processing plant, retail food establishment, or restaurant, for processing or direct sale to consumers, provided that the receiving entity does not do any of the following:

ATCP 10.64(3)(b)1. 1. Hold any of the fish or fish eggs for more than 30 days prior to slaughter or direct sale to consumers.

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.

ATCP 10.65(4)(a)3. 3. White sturgeon iridovirus if an import shipment covered by the health certificate includes sturgeon.

ATCP 10.65(4)(a)4. 4. Viral hemorrhagic septicemia (VHS) if an import shipment covered by the health certificate includes fish or fish eggs of a species that the department has identified as being susceptible to viral hemorrhagic septicemia and the fish or fish eggs are from a state or province where that disease is known to occur.

ATCP 10.65(4)(a)5. 5. Other diseases, if any, specified on the certificate form. The certificate form shall identify the species for which, and circumstances under which, the disease-free certification is required.

ATCP 10.65(4)(b) (b) A fish health certificate issued under s. ATCP 10.61 (3) (g) 2. or 10.63 (1) 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)(b)1. 1. Visible signs of contagious or infectious disease.

ATCP 10.65(4)(b)2. 2. Whirling disease (Myxobolus cerebralis) if a fish farm or shipment covered by the health certificate includes salmonids.

ATCP 10.65(4)(b)3. 3. Viral hemorrhagic septicemia (VHS) if the health certificate covers fish or fish eggs of a species that the department has identified as being susceptible to viral hemorrhagic septicemia (VHS) and the fish or fish eggs are from a wild source or a type 3 fish farm.

ATCP 10.65 Note Note: A “wild source” under subd. 3. 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. Subdivision 3. applies to additional species if and when the department finds that those species are susceptible.

ATCP 10.65(4)(b)4. 4. Other diseases, if any, specified on the certificate form. The certificate form shall identify the species for which, and circumstances under which, the disease-free certification is required.

ATCP 10.65(4)(c) (c) A fish health certificate issued under s. ATCP 10.61 (5m) (b) or 10.64 (1) 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)(c)1. 1. Visible signs of contagious or infectious disease.

ATCP 10.65(4)(c)2. 2. Viral hemorrhagic septicemia (VHS) if the health certificate covers fish or fish eggs of species that the department has identified as being susceptible to viral hemorrhagic septicemia (VHS).

ATCP 10.65 Note Note: A health certificate under s. ATCP 10.64 (1) is for species of fish or fish eggs that the department has identified as being susceptible to viral hemorrhagic septicemia (VHS) and are being moved from a type 3 fish farm.

ATCP 10.65(4)(c)3. 3. Other diseases, if any, specified on the certificate form. The certificate form shall identify the species for which, and circumstances under which, the disease-free certification is required.

ATCP 10.65(4)(d) (d) A fish health certificate issued under s. ATCP 10.645 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)(d)1. 1. Visible signs of contagious or infectious disease.

ATCP 10.65(4)(d)2. 2. Viral hemorrhagic septicemia (VHS).

ATCP 10.65(4)(d)3. 3. Other diseases, if any, specified on the certificate form. The certificate form shall identify the species for which, and circumstances under which, the disease-free certification is required.

ATCP 10.65 Note Note: A fish health certificate is required under s. ATCP 10.645 whenever a bait dealer distributes as bait any of the following fish or fish eggs of a species that the department has identified as being susceptible to VHS:

ATCP 10.65 Note •   Fish or fish eggs collected from a wild source (in Wisconsin or elsewhere) within the 12 month period immediately preceding the distribution date.

ATCP 10.65 Note •   Fish or fish eggs from a type 3 fish farm.

ATCP 10.65(4)(e) (e) A fish health certificate shall include test results from a qualified laboratory to confirm the statements under pars. (a) to (d) if those test results are required by the certificate form.

ATCP 10.65(4)(f) (f) Fish egg inspection under this subsection may be based on brood stock inspection or an egg disinfection method approved by the federal bureau and listed on the certificate form. If testing is required by the certificate form, testing of the brood stock shall also be performed.

ATCP 10.65 Note Note: A certificate form that includes requirements under par. (a) 5., (b) 4., (c) 3., (d) 3., (e), or (f) 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 health certificate does not comply with instructions on the certificate form, the health certificate is invalid.

ATCP 10.65(4m) (4m) Expiration date.

ATCP 10.65(4m)(a) (a) Except as provided in par. (b):

ATCP 10.65(4m)(a)1. 1. A health certificate based on an inspection under sub. (3) (a) expires 30 days after it is issued unless the department by written notice specifies a different expiration date.

ATCP 10.65(4m)(a)2. 2. A health certificate based on an inspection under sub. (3) (b) expires one year after it is issued unless the department by written notice specifies a different expiration date.

ATCP 10.65(4m)(b) (b) A health certificate covering a fish farm, or covering a shipment of fish or fish eggs, is automatically voided if any fish or fish eggs not covered by a valid health certificate are added to that fish farm or shipment.

ATCP 10.65 Note Note: A shipment of fish or fish eggs that is covered by more than one fish health certificate must be delivered prior to the expiration of ANY of the fish health certificates covering fish or fish eggs in that shipment.

ATCP 10.65(5) (5) Department action.

ATCP 10.65(5)(a) (a) The department may, for cause, do any of the following by issuing written notice to the person who issued a fish health certificate:

ATCP 10.65(5)(a)1. 1. Invalidate the health certificate.

ATCP 10.65(5)(a)2. 2. Change the expiration date of the health certificate.

ATCP 10.65(5)(a)3. 3. Impose conditions or limitations on the health certificate.

ATCP 10.65 Note Note: In addition to giving the required notice under par. (a), the department will also attempt to notify other persons identified on the health certificate.

ATCP 10.65(5)(b) (b) Cause under par. (a) may include any of the following:

ATCP 10.65(5)(b)1. 1. An apparent violation of this section.

ATCP 10.65(5)(b)2. 2. Reasonable grounds to suspect that the health certificate may be inaccurate or unreliable.

ATCP 10.65(5)(b)3. 3. New disease concerns that are not adequately addressed by the health certificate.

ATCP 10.65(5)(b)4. 4. Special disease concerns that are not adequately addressed by the health certificate. These may include special disease concerns related to the species of fish or fish eggs, or the source from which the fish or fish eggs originate.

ATCP 10.65 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; EmR0822: emerg. am. (1), r. and recr. (4), (4m) and (5) (b) 4., eff. 7-9-08; CR 07-107: am. (1), r. and recr. (4), (4m) and (5) (b) 4. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1), (2), (3) (a), (4) (a) (intro.), 4., (b) (intro.), (c) (intro.), 2., (d), (f) Register July 2012 No. 679, eff. 8-1-12; CR 18-085: am. (1) , (4) (a) (intro.), 4., (b) (intro.), 3., (c) (intro.), 2. Register May 2020 No. 773, eff. 6-1-20; correction in (4) (c) (intro.) made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.655 ATCP 10.655 Fish reintroduced into their original wild source.

ATCP 10.655(1) (1) Health certificate exemption. Section ATCP 10.65 does not apply to the reintroduction of fish or fish eggs to the same lake from which they, or the eggs from which they were hatched, were collected, or to the same point or a downstream point in the same river system from which they, or the eggs from which they were hatched, were collected, if all of the following apply:

ATCP 10.655(1)(b) (b) The collection and reintroduction are approved, in writing, and records of the movement are kept under sub. (2), by the Wisconsin department of natural resources.

ATCP 10.655(1)(c) (c) The reintroduction is designed to increase or rehabilitate a population of desirable sport fish species.

ATCP 10.655(1)(d) (d) The fish or fish eggs are reintroduced within 30 days after they are collected, or within 30 days after the fish are hatched, whichever is later.

ATCP 10.655(1)(e) (e) The fish or fish eggs are not commingled with fish or fish eggs from any other source.

ATCP 10.655(2) (2) Records. The records of movement required under sub. (1) (b) shall be maintained for at least 5 years and shall include all of the following:

ATCP 10.655(2)(a) (a) The correct legal name and address of the applicant.

ATCP 10.655(2)(b) (b) The location from which the fish or fish eggs will be collected.

ATCP 10.655(2)(c) (c) The location at which the fish or fish eggs will be reintroduced.

ATCP 10.655(2)(d) (d) The purpose for the reintroduction.

ATCP 10.655(2)(e) (e) Documentation showing that the department of natural resources has approved the collection and reintroduction under sub. (1) (b).