1. (1) Valid health certificate required. Except as provided in sub. (3), no person may move any live fish or fish eggs of a species that the department has identified as being susceptible to viral hemorrhagic septicemia (VHS) from a type 3 fish farm to any other location in this state, unless those fish or fish eggs are covered by a valid health certificate under s. ATCP 10.65. A qualified fish health inspector shall issue the health certificate based on an inspection of the fish or fish eggs, or of the farm from which they originate. A health certificate does not cover a movement that occurs after the health certificate expires.

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

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.

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

   1. (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).

   2. (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:

      1. 1. Hold any of the fish or fish eggs for more than 30 days prior to slaughter or direct sale to consumers.
      2. 2. Commingle the live fish or fish eggs with fish or fish eggs that may be used for any other purpose.
      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.
      4. 4. Discharge to waters of the state any untreated water used to hold or process any of the fish or fish eggs.
      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.

   3. (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:

      1. 1. Records are kept in compliance with s. ATCP 10.61 (10).
      2. 2. No fish leave the event live, except to return to the farm of origin or directly to slaughter.
      3. 3. Fish are held in a self-contained enclosure.
      4. 4. Fish are not commingled with fish from any other source.
      5. 5. No untreated water used to hold the fish or fish eggs is discharged to waters of the state.

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.