Section ATCP 10.61 - Fish farms(1) REGISTRATION CERTIFICATE REQUIRED. Except as provided in sub. (2), no person may operate a fish farm for any of the following purposes without a current annual registration certificate from the department that identifies that fish farm:(a) Hatching fish eggs or holding or rearing live fish for any of the following purposes: 2. Introduction into the waters of the state.4. Use as bait or fertilizer.5. Use as human food or animal feed.6. Education, demonstration or research.(b) Holding live fish or fish eggs owned by another person. Note: A Wisconsin department of natural resources (DNR) fish stocking permit is needed to stock fish into the waters of the state. However, a DNR fish stocking permit is not needed to stock fish into a fish farm registered under sub. (1). See s. 29.736, Stats.
A DNR sport fishing license is not required to fish at a registered fish farm. Persons fishing at a registered fish farm do not need to comply with season, size, or bag limits. See s. 29.001(27), Stats.
Toxicants required for fish farming operations may be used in self-contained fish rearing facilities (as defined in s. 29.001(76), Stats.) if there is no discharge from the facility, or if the discharge of the chemical is allowed under a Wisconsin pollutant discharge elimination system (WPDES) permit. A DNR aquatic pesticide use permit is required in other cases. See ss. 29.601(5) (b) and 283.31, Stats.
Pesticide applications must comply with ch. ATCP 29, administered by the department of agriculture, trade and consumer protection. Pesticide applications may also be subject to other federal, state, and local regulations.
(2) EXEMPTIONS. A person may do any of the following without a registration certificate under sub. (1): (a) Hold, rear, sell, or distribute live ornamental fish, or hatch the eggs of ornamental fish, unless the ornamental fish or fish eggs are commingled with non-ornamental fish or fish eggs or are reared for bait, human food, or animal feed.(b) Hold or rear live fish, or hatch fish eggs, in a fully enclosed building solely for purposes of education, display, or research where the fish spend the remainder of their lives within that building, provided that all of the following apply: 1. The live fish and eggs are not commingled with fish or fish eggs that will be used for any other purposes.2. The facility does not discharge to waters of the state any untreated water used to hold those fish or fish eggs.3. All of the dead fish and offal from the building are disposed of by rendering, composting, municipal solid waste disposal, or other means approved by the department.(c) Exhibit live fish in a public forum for not more than 15 days in a calendar year, or for a longer period of time that the department authorizes in writing for a specific exhibit.(d) Hold live fish or fish eggs for not more than 30 days at a food processing plant, retail food establishment, or restaurant pending slaughter or sale to consumers at that facility, provided that all of the following apply: 1. The live fish and fish eggs are not commingled with fish or fish eggs that will be used for other purposes.2. The facility does not discharge to waters of the state any untreated water used to hold or process those fish or fish eggs.3. All of the dead fish and offal from the buildings are disposed of by means of rendering, composting, municipal solid waste disposal, or other means approved by the department.(e) Transport live fish or fish eggs to or from a fish farm.(f) Operate as a bait dealer licensed under s. 29.509, Stats., provided that the person does not hatch fish eggs or rear fish for any purpose other than for retail sale as bait.(g) Hold live fish at a temporary public fishing event if all of the following requirements are met: 1. No fish leave the event alive, except to return to the registered fish farm of origin or directly to slaughter.2. Fish are not commingled with fish from another source.3. Fish are held in a self-contained enclosure.4. No untreated water used to hold the fish or fish eggs is discharged to waters of the state.5. The event lasts no more than 15 days.(h) Hold or rear live fish solely for the purpose of sale as pet fish for personal home aquaria, provided that the facility does not discharge to waters of the state any untreated water used to hold or process those fish or fish eggs and the fish are not commingled with fish or fish eggs that will be used for other purposes. Note: The Wisconsin department of natural resources wild harvest laws under s. 29.509, Stats., and s. NR 19.057, may apply.
(i) Temporarily hold live fish in a Wisconsin department of natural resources fish egg collection station located in waters of the state, solely for the purpose of collecting eggs, if all of the following requirements are met: 1. Fish in the fish egg collection station are obtained from the waters in which the egg collection station is located.2. Fish are not retained at the egg collection station after egg collection. The fish are returned to the waters from which they were obtained.3. The fish eggs collected are not hatched at the egg collection station, but are taken to a registered fish farm for hatching. 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.
(3) REGISTRATION TYPE. (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.(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.(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.(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: 1. Allow public fishing at the fish farm, including public fishing for a fee.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:a. Hold any of the fish or fish eggs for more than 30 days prior to slaughter or direct sale to consumers.b. Commingle the fish or fish eggs with fish or fish eggs that may be used for any other purpose.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.d. Discharge to waters of the state any untreated water used to hold or process any of the fish or fish eggs.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.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: a. Records are kept in compliance with sub. (10).b. No fish leave the event alive, except to return to the farm of origin or directly to slaughter.c. Fish are held in a self-contained enclosure.d. Fish are not commingled with fish from any other source.e. No untreated water used to hold the fish or fish eggs is discharged to waters of the state. Note: A fish farm registration holder may change the registration type during a registration year only pursuant to the process in sub. (6m).
(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: 1. The fish farm operator first removes all fish and fish eggs from the fish farm and disinfects the fish farm.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).(4) ANNUAL EXPIRATION DATE. An annual fish farm registration certificate under sub. (1) expires on March 31 of each year. (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. 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).
(5m) REGISTERING 2 OR MORE FISH FARMS AT A SINGLE LOCATION.(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: 1. Fish and fish eggs in each fish farm are effectively separated from fish and fish eggs in every other fish farm.2. Bio-security procedures, including procedures to prevent the commingling of fish, fish eggs, or water that may bear disease organisms, effectively prevent disease transmission between the fish farms.3. The department finds that the fish farms comply with subds. 1. and 2., based on an inspection under par. (c).(b) Each registered fish farm under par. (a) is considered a separate fish farm for purposes of disease control and movement. Except as provided under s. ATCP 10.64(3) (a), fish and fish eggs, from species the department has identified as being susceptible to viral hemorrhagic septicemia (VHS), that are moved from a type 3 fish farm to any location in the state shall be accompanied by a valid health certificate under s. ATCP 10.65. The fish farm operator shall keep a record, under sub. (10) (a), related to each movement of fish or fish eggs between any of the registered fish farms.(c) Before the department issues separate registration certificates under par. (a) for fish farms located on the same land parcel or contiguous land parcels that include at least one type 3 fish farm, the department shall inspect the fish farms for compliance with par. (b). The fish farm operator shall pay a nonrefundable fee specified under s. ATCP 10.025. A single fee covers all of the inspected fish farms.(6) APPLYING FOR A REGISTRATION CERTIFICATE. Before applying for an initial fish farm registration certificate under sub. (1), an applicant shall contact the Wisconsin department of natural resources to determine whether a natural waterbody permit must be obtained. Once the applicant either receives the natural waterbody permit or a determination that the permit is not necessary from the Wisconsin department of natural resources, a fish farm operator shall submit an application to the department on a form provided by the department. The application shall include all of the following: (a) The operator's name, address, and telephone number.(b) The following information for each fish farm that the operator wishes to register: 1. The fish farm location, including all of the following: a. The county in which the fish farm is located.b. The city, village, or town in which the fish farm is located.c. The street name or road on which the fish farm access is located.d. The physical address number or fire number of the fish farm location, or driving directions to the fish farm access point.2. The livestock premises code assigned to the fish farm under s. ATCP 17.02(7).3. A statement indicating whether the operator wishes to register the fish farm as a type 1, type 2, or type 3 fish farm.4. Applicable fees required under sub. (7).5. The name, address, and telephone number of the individual responsible for administering the fish farm.6. The species of fish or fish eggs hatched or kept at the fish farm.7. A description of the fish farm facilities.8. A description of the fish farming activities conducted at the fish farm.9. A statement indicating whether wild source fish or fish eggs are received at or shipped from the fish farm facility.10. A statement indicating whether the operator is registering any other fish farms located on the same land parcel or a contiguous land parcel.(c) A statement indicating whether the fish farm operator engages in any of the following activities: 1. Buying, trading, or importing fish or fish eggs for resale, processing, or exchange within this state, other than solely for breeding, bait, or human consumption.2. Distributing fish or fish eggs, other than fish or fish eggs produced on the operator's fish farm, from any place in this state to any place outside this state.(d) Other relevant information required by the department. Note: A person may obtain an application form under sub. (6) by calling (608) 224-4872, by visiting the department website at: http://datcp.wi.gov, emailing to datcpfishfarms@wisconsin.gov, or by writing to the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53718
Note: An initial fish farm registration includes fish farm operators who let their fish farm registration certificates lapse for more than one year then apply for a new license.
(6m) AMENDING REGISTRATION CERTIFICATE. (a) A fish farm registration certificate under this section may be amended during a registration year to do any of the following: 1. Add or remove ponds in a registered facility.2. Add or remove species of fish or fish eggs hatched or kept at the fish farm.3. Change registration type.4. Combine previously separate fish farms located on the same or contiguous parcels and operated by the same legal entity.(b) To amend a fish farm registration certificate, a fish farm operator shall submit a request to the department on a form provided by the department. The request for amendment shall include all of the following: 1. Current fish farm registration number for each fish farm registration to be amended.2. The operator's name, address, and telephone number.3. Type of amendment requested.4. A description of the fish farm facilities, identifying any changes made to the facilities since the last registration.5. Documents demonstrating compliance with the requirements in sub. (3) (g), if amending a type 3 registration to a type 2 or type 1 registration.6. The registration fee under sub. (7) (a) 2. and the medical separation fee, if required under sub. (5m), when amending a type 1 registration to a type 2 or type 3 fish farm registration. The previous type 1 registration fee payment is not credited toward payment of the type 2 or type 3 fish farm registration.7. The registration fee under sub. (7) (a) 1. and the medical separation fee, if required under sub. (5m), when amending a type 2 or type 3 registration to a type 1 registration. The previous type 2 or type 3 registration fee payment is not credited toward payment of the type 1 fish farm registration.(c) Fees are nonrefundable and not prorated for partial year registrations. Registrations are nontransferable between locations or persons. Note: A person may obtain a fish farm registration certificate form by calling (608) 224-4872, by visiting the department website at http://datcp.wi.gov, or by writing to the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
(7) REGISTRATION FEES. (a) Except as provided in par. (c), a fish farm operator shall pay the following annual fish farm registration fees, as applicable:1. A nonrefundable fee of $37.50 for a type 1 fish farm, or a total nonrefundable fee of $50 for 2 or more type 1 fish farms.2. A total nonrefundable fee of $125 for up to 5 type 2 or type 3 fish farms, $150 for more than 5 but not more than 10 type 2 or type 3 fish farms, $200 for more than 10 but not more than 20 type 2 or type 3 fish farms, and $300 for more than 20 type 2 or type 3 fish farms.(b) A medical separation fee specified under s. ATCP 10.025, if required under sub. (5m).(c)1. Primary and secondary school districts are exempt from registration fees under par. (a).2. An individual who is eligible for the veteran's fee waiver program under s. 45.44, Stats., is exempt from the registration fee under par. (a).(d) A fish farm operator shall pay the full annual registration fee under par. (a) for a fish farm that is registered for any portion of a registration year.(e) A fish farm operator shall pay, in addition to the annual registration fee under par. (a), a surcharge equal to the amount of the fee for the applicable registration fee category if the department determines that, within 365 days prior to submitting a registration application under sub. (6), the operator operated the fish farm without a registration certificate required under sub. (1) or (3). Payment of the surcharge does not relieve the operator of any other penalty or liability that may result from the violation, nor does it constitute evidence of a violation. In addition to the surcharge, the applicant shall pay the fee due for the year in which the applicant failed to obtain the required registration certificate. (f) A fish farm operator who applies for a fish farm registration certificate after that certificate has expired shall pay, in addition to all other fees required under this subsection, a late fee equal to 20% of the registration fees.(8) ACTION ON REGISTRATION APPLICATION. The department shall grant or deny a registration application within 30 business days after the department receives a complete application under sub. (6), except that the department shall grant or deny the application within 60 calendar days if the department is required to perform an inspection under sub. (5m) (c).(9) DENYING, SUSPENDING, OR REVOKING A REGISTRATION CERTIFICATE. The department may deny, suspend, or revoke a fish farm registration certificate for cause, including any of the following:(a) Filing an incomplete or fraudulent application, or misrepresenting any information on an application.(b) Violating applicable provisions of ch. 95, Stats., or this chapter.(c) Violating the terms of the registration certificate. Note: A fish farm operator adversely affected by the denial, suspension, or revocation of a fish farm registration certificate may request a hearing under s. 227.42, Stats., and ch. ATCP 1. The department will not deny registration to a new owner of a fish farm merely because ownership has changed.
(10) RECORDS. (a)Fish and fish eggs received. A fish farm operator shall keep all of the following records related to live fish or fish eggs that the operator receives at the fish farm: 1. The name, address, and fish farm registration number, if any, of the person from whom the operator received live fish or fish eggs.2. The date on which the operator received the live fish or fish eggs.3. The location at which the operator received the live fish or fish eggs.4. The listed species, quantity, and size of live fish or fish eggs received.5. Any import permit required under s. ATCP 10.62 and any health certificate required under s. ATCP 10.65(1).(b)Records retention. An operator required to keep records under this section shall retain those records for at least 5 years and shall make them available to the department, upon request, for inspection and copying.(c)Records on sales and delivery of fish and fish eggs. Except as provided under par. (d) or (e), a fish farm operator shall keep all of the following records related to live fish or fish eggs that the operator sells or ships from the fish farm: 1. The name, address, and fish farm registration number, if any, of the person to whom the operator sold or delivered live fish or fish eggs.2. The date on which the operator sold or delivered the live fish or fish eggs.3. The location at which the operator sold or delivered the live fish or fish eggs.4. The listed species, quantity, and size of live fish or fish eggs sold or delivered.5. Any import permit required under s. ATCP 10.62 and any health certificate required under s. ATCP 10.65(1).(d)Records on sales to consumers for food. A fish farm operator who sells live fish or fish eggs directly to consumers for food is not required to keep records on those sales of fish or fish eggs directly to consumers for food. Note: A fish farm operator who sells live fish or fish eggs directly to consumers for food is, however, still required to keep records of all other sales and deliveries of fish and fish eggs as specified in this subsection.
(e)Records on sales of bait. A fish farm operator who sells farm-raised fish or fish eggs from the fish farm in a retail sale directly to a consumer for bait is not required to keep records on those sales of fish or fish eggs directly to consumers for bait. Note: A fish farm operator who sells live fish or fish eggs directly to consumers for bait is, however, still required to keep records of all other sales and deliveries of fish and fish eggs as specified in this subsection.
(11) FISH SOURCE. (a) No person selling or distributing fish or fish eggs may misrepresent, directly or by implication, the source or disposition of those fish or fish eggs.(b) Except as provided in par. (c), a person transporting fish or fish eggs from a fish farm shall have documentary evidence showing that the person obtained those fish from that fish farm. Evidence may include a bill of sale, bill of lading, import permit, health certificate, certificate of veterinary inspection, or other document which identifies the fish farm.(c) A person transporting fish or fish eggs, not required under this subchapter to be accompanied by any of the documents listed in par. (b), shall keep with the shipment a copy of the current fish farm registration certificate and a copy of the most recent fish farm registration application listing the species of fish held or reared by the fish farm.(12) REGISTRANT RESPONSIBILITY. A person who registers a fish farm under sub. (1) shall ensure that fish farm operations comply with relevant provisions of this chapter. This subsection does not relieve other persons of liability for violations of this chapter. Note: If the Wisconsin Department of Natural Resources (DNR) registers as the operator of a privately owned "cooperator" fish farm under sub. (1), DNR is responsible for ensuring that all operations of that fish farm comply with this chapter (the private operator may also be held responsible if that operator violates this chapter).
(13) REINSPECTIONS. (a) The department may charge, to the holder of a registration under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.(b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a re-registration application form to the fish farm operator.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 10.61
CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (4), (5), (6) (c) and (7) (a), r. and recr. (7) (b) Register June 2008 No. 630, eff. 7-1-08; EmR0822: emerg. cr. (12), eff. 7-9-08; CR 07-107: am. (1) (intro.), (2) (intro.) and (5), r. and recr. (3), (6) and (7), cr. (5m) and (12) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (a), (2) (b), cr. (2) (b) 3., am. (2) (d), cr. (2) (d) 3., (g), (h), (i), am. (3) (c), cr. (3) (d) 3., r. (3) (e), (f), am. (5m) (a) (intro.), (c), cr. (6m), am. (7) (b), (e), (10) (a), (b), cr. (10) (c), (d), (e), am. (11) (b), cr. (11) (c), (13) Register July 2012 No. 679, eff. 8-1-12; correction in (7) (b) under s. 13.92(4) (b) 7 Register July 2012 No. 679; CR 13-058: am. (5m) (b), renum. (6) (b) 1. to (6) (b) 1. (intro.), a., b., d., cr. (6) (b) 1. c., renum. (7) (c) to (7) (c) 1., cr. (7) (c) 2., am. (8), renum. (10) (d) (intro.) to (10) (d) and am., r. (10) (d) 1. to 5., renum. (10) (e) (intro.) to (10) (e) and am., r. (10) (e) 1. to 3. Register March 2014 No. 699, eff. 6-1-14.Amended by, CR 15-092: am. (7) (e), cr. (7) (f) Register July 2016 No. 727, eff. 10/1/2016Amended by, CR 18-085: am. (5m) (b), (c), (6) (intro.), (6m) (b) 6., 7., r. and recr. (7) (b), am. (7) (f), (10) (a) 5., (c) 5., (13) (b) Register May 2020 No. 773, eff. 6/1/2020