ATCP 10.61 Note Note: Records of movement under s. ATCP 10.655 (2), must be kept to return the fish or fish eggs to the same waters of the state from which they were collected.

ATCP 10.61(3) (3) Registration type.

ATCP 10.61(3)(a) (a) A fish farm registration certificate under sub. (1) shall specify whether the fish farm is registered as a type 1, type 2, or type 3 fish farm. Except as provided in par. (g), the registration type may vary from year to year.

ATCP 10.61(3)(b) (b) Except as provided in par. (d), a fish farm operator may not sell or distribute live fish or fish eggs from that fish farm unless the fish farm is registered as a type 2 or type 3 fish farm.

ATCP 10.61(3)(c) (c) Except as provided in par. (d), the operator of a fish farm that receives any fish or fish eggs obtained from a wild source of a species that the federal bureau has found to be susceptible to viral hemorrhagic septicemia may not sell or distribute any live fish or fish eggs from that fish farm unless the fish farm is registered as a type 3 fish farm.

ATCP 10.61(3)(d) (d) The operator of a registered fish farm may do any of the following, regardless of whether that fish farm is registered as a type 1, type 2, or type 3 fish farm:

ATCP 10.61(3)(d)1. 1. Allow public fishing at the fish farm, including public fishing for a fee.

ATCP 10.61(3)(d)2. 2. Ship live fish or fish eggs from the fish farm 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 10.61(3)(d)2.a. a. Hold any of the fish or fish eggs for more than 30 days prior to slaughter or direct sale to consumers.

ATCP 10.61(3)(d)2.b. b. Commingle the fish or fish eggs with fish or fish eggs that may be used for any other purpose.

ATCP 10.61(3)(d)2.c. c. 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 10.61(3)(d)2.d. d. Discharge to waters of the state any untreated water used to hold or process any of the fish or fish eggs.

ATCP 10.61(3)(d)2.e. e. 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 10.61(3)(d)3. 3. Ship live fish or fish eggs to a specific location for direct sale to consumers as food provided that all of the following requirements are met:

ATCP 10.61(3)(d)3.a. a. Records are kept in compliance with sub. (10).

ATCP 10.61(3)(d)3.b. b. No fish leave the event alive, except to return to the farm of origin or directly to slaughter.

ATCP 10.61(3)(d)3.c. c. Fish are held in a self-contained enclosure.

ATCP 10.61(3)(d)3.d. d. Fish are not commingled with fish from any other source.

ATCP 10.61(3)(d)3.e. e. No untreated water used to hold the fish or fish eggs is discharged to waters of the state.

ATCP 10.61 Note Note: A fish farm registration holder may change the registration type during a registration year only pursuant to the process in sub. (6m).

ATCP 10.61(3)(g) (g) A fish farm operator may not register, as a type 1 or type 2 fish farm, a fish farm that was previously registered as a type 3 fish farm unless one of the following conditions is met:

ATCP 10.61(3)(g)1. 1. The fish farm operator first removes all fish and fish eggs from the fish farm and disinfects the fish farm.

ATCP 10.61(3)(g)2. 2. A qualified fish health inspector issues a fish health certificate under s. ATCP 10.65 that covers all of the fish and fish eggs on the fish farm. The fish health certificate shall further certify that all fish or fish eggs received onto the fish farm from a wild source in the immediately preceding 12 months were accompanied by a fish health certificate that included all of the certifications required under s. ATCP 10.65 (4) (b).

ATCP 10.61(4) (4) Annual expiration date. An annual fish farm registration certificate under sub. (1) expires on March 31 of each year.

ATCP 10.61(5) (5) Registering 2 or more fish farms. A separate annual registration certificate is required for each fish farm registered under sub. (1). A person may obtain annual registration certificates for 2 or more fish farms by filing a single annual application under sub. (6) and paying for each registration certificate the applicable annual fee under sub. (7). A registration certificate is not transferable between persons or locations.

ATCP 10.61 Note Note: See s. ATCP 10.60 (1) and (1m). A fish farm operator may register, as a single fish farm, all fish farm facilities that are located on the same land parcel or on contiguous land parcels. Fish farm facilities located on non-contiguous land parcels must be registered as separate fish farms. A fish farm operator may choose to register fish farm facilities as separate fish farms, even though the facilities are located on the same land parcel or contiguous land parcels, if the facilities comply with sub. (5m).

ATCP 10.61(5m) (5m) Registering 2 or more fish farms at a single location.

ATCP 10.61(5m)(a) (a) A person may obtain separate registration certificates for 2 or more fish farms located on the same or contiguous land parcels. The fish farms shall be medically separated if at least one of the fish farms is a type 3 fish farm. Fish farms are considered to be medically separated if all of the following apply:

ATCP 10.61(5m)(a)1. 1. Fish and fish eggs in each fish farm are effectively separated from fish and fish eggs in every other fish farm.