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.

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.

   Note: To obtain a health certificate form, contact the department at the following address:

   Wisconsin Department of Agriculture, Trade and Consumer Protection
   Division of Animal Health
   P.O. Box 8911
   Madison, WI 53708-8911
   Phone: (608) 224-4872
   Email: datcpfishfarms@wisconsin.gov

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:

   1. (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.

   2. (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.

      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.

4. (4) Certificate contents.

   1. (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:

      1. 1. Visible signs of contagious or infectious disease.
      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.
      3. 3. White sturgeon iridovirus if an import shipment covered by the health certificate includes sturgeon.
      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.
      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.

   2. (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:

      1. 1. Visible signs of contagious or infectious disease.
      2. 2. Whirling disease (Myxobolus cerebralis) if a fish farm or shipment covered by the health certificate includes salmonids.

      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.

         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.

      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.

   3. (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:

      1. 1. Visible signs of contagious or infectious disease.

      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).

         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.

      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.

   4. (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:

      1. 1. Visible signs of contagious or infectious disease.
      2. 2. Viral hemorrhagic septicemia (VHS).

      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.

         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:

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

         •   Fish or fish eggs from a type 3 fish farm.

   5. (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.

   6. (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.

      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.

5. (4m) Expiration date.

   1. (a) Except as provided in par. (b):

      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.
      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.

   2. (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.

      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.

6. (5) Department action.

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

      1. 1. Invalidate the health certificate.
      2. 2. Change the expiration date of the health certificate.

      3. 3. Impose conditions or limitations on the health certificate.

         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.

   2. (b) Cause under par. (a) may include any of the following:

      1. 1. An apparent violation of this section.
      2. 2. Reasonable grounds to suspect that the health certificate may be inaccurate or unreliable.
      3. 3. New disease concerns that are not adequately addressed by the health certificate.
      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.

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.