Wisconsin - Aquaculture Contacts, Transport Regulations, and Approved Aquatic Species


Wisconsin

Last updated: 4/27/2010

! Important Notice !
Aquaculturists transporting or selling aquatic animals are responsible for following current regulations required by each state in which the activity occurs (selling or transporting) and are advised to contact state regulatory agencies responsible for permitting these activities.

State Aquaculture Regulatory Authorities  

 

Wisconsin Department of Agriculture, Trade and Consumer Protection:

Dr. Myron J. Kebus

Wisconsin Department of Agriculture,

Trade & Consumer Protection (WDATCP)

Division of Animal Health

2811 Agriculture Drive

Madison, Wisconsin 53708-8911

608-224-4876

608-224-4871 fax

myron.kebus@datcp.state.wi.us

Wisconsin Department of Natural Resources:                    

Mike Staggs

Wisconsin Department of Natural Resources

DNR Central Office – Madison

PO Box 7921

Madison WI 53707

(608) 267-0796


 

State Fish Health Authorities / Laboratories

 

Dr. Myron J. Kebus, WDATCP

State Aquaculture Veterinarian

608-224-4876

608-224-4871 fax

myron.kebus@datcp.state.wi.us

 

Wisconsin Veterinary Diagnostic Laboratory

445 Easterday Lane

Madison    WI    53706

Phone:  608/262-5432

Fax:  847/574-8085

Web: www.wvdl.wisc.edu/

Accredited by: AAVLD

 

Aquaculture Industry Contacts

 

Wisconsin Aquaculture Association

www.wisconsinaquaculture.com/

 

Wisconsin Aquaculture Extension:

North Central Aquaculture Regional Extension Facilitator:  www.ncaref.org/index.html

 

UW-Stevens Point - Northern Aquaculture Demonstration Facility:  www.uwsp.edu/cls/aquaculture/

 

Wisconsin Fish Importation Regulations Summary

Note:  the following summary is based on the author’s interpretation of the WDATCP regulations ATCP 10.60-10.67.  WDATCP has advised persons wishing to import fish go to their website at:  www.datcp.state.wi.us/ah/agriculture/animals/aqua/wynk/import.jsp

 

Fish importation into the State of Wisconsin is under authority of WDATCP, and is regulated through ATCP 10.62.  In addition, WDATCP issued a VHS Emergency Rule October 2008, which has been extended (to this current revision date). 

 

In summary: a fish import permit is required to bring live fish or fish eggs into Wisconsin for the following purposes:

Introducing the fish or eggs into waters of the state.

Using the fish or eggs as bait.

Holding the fish or hatching the eggs at a fish farm for which a registration certificate is required.

Selling or distributing the fish or eggs for any of the above three purposes.

Exemptions exist, in some cases, for live ornamental fish or the eggs of ornamental fish eggs, fish for slaughter, and fish for display and research (see ATCP 10.62(2)).   Imports of non-native species also require a permit from the Wisconsin Department of Natural Resources.

 

Import permit applications are available from WDATCP or available online at the website listed above.  The application must be submitted to WDATCP along with a signed original fish health certificate for the facility of origin (or copy if the applicant has previously filed original copies of the same certificates), and a fee.  Fish health certificates must be completed on a form provided by WDATCP. 

 

Upon receipt of a WDATCP import permit application for a non-native species, WDATCP will notify WDNR who will initiate the review process for the required permit.  Generally, an Environmental Assessment must be done for such imports and the process will likely take longer than the 30 days outlined in ATCP 10.62,

 

A list of Wisconsin qualified fish health inspectors, WDATCP contact information, a copy of the October Emergency Rule, and additional fish importation material can be obtained on the WDATCP website: www.datcp.state.wi.us/ah/agriculture/animals/movement/fish.jsp

 

Information regarding fish health certificates, inspector requirements and testing protocols are described below. 

 

Wisconsin Department of Agriculture Oversight

 

WDATCP provides aquaculture facility registration information on their website at: www.datcp.state.wi.us/mktg/business/marketing/val-add/aqua/wynk/index.jsp

Aquaculture facility registration
ATCP 10.61(1) (Excerpt):

No person may operate a fish farm for any of the following purposes without an annual registration certificate from the department for that fish farm:

(a) Hatching fish eggs or holding live fish for any of the following purposes:

  1. Sale or distribution.
  2. Introduction into the waters of the state.
  3. Fishing.
  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.  Exemptions exist, in some cases, for live ornamental fish or the eggs of ornamental fish eggs, fish for slaughter, and fish or fish eggs for display and research, transport live fish or fish eggs to or from a fish farm, exhibit live fish in a public forum for not more than 15 days, or operate as a bait dealer retail establishment (see ATCP 10.61 in ATCP 10):  www.legis.state.wi.us/rsb/code/atcp/atcp010.pdf

 


WI aquaculture facilities are registered as either Type 1, Type 2 or Type 3 depending on activities undertaken.  WDATCP has a Fish Farm Registration Packet available containing pertinent sections of laws, check lists and a registration application: www.datcp.state.wi.us/ah/agriculture/animals/aqua/wynk/pdf/2009FishFarmRegistrationPacket.pdf

-       or call the Aquaculture Program Associate at 608-224-4887.


Live fish import permits

Laws pertaining to live fish importation are found primarily in ATCP 10.62.  Fish Import Permits are required to bring live fish or fish eggs into Wisconsin for the following purposes:

Introducing the fish or eggs into waters of the state.

Using the fish or eggs as bait.

Holding the fish or hatching the eggs at a fish farm for which a registration certificate is required.

Selling or distributing the fish or eggs.

Exemptions exist, in some cases, for live ornamental fish or the eggs of ornamental fish eggs, fish for slaughter, and fish for display and research (see ATCP 10.62(2)). 

 

Fish Import Permit applications are available from WDATCP.  The application must be submitted to WDATCP along with a signed original fish health certificate for the facility of origin (or copy if the applicant has previously filed original copies of the same certificates), and a fee.  Fish health certificates must be completed on a form provided by WDATCP. Import permit applications are available online at:  www.datcp.state.wi.us/ah/agriculture/animals/aqua/wynk/import.jsp

 

Accompanying each shipment must be:

  1. Fish Import Permit from WDATCP
  2. copy or original valid fish health certificate from the facility of origin.

 

For ATCP 10.62 in entirety see:

www.datcp.state.wi.us/ah/agriculture/animals/movement/pdf/FishImportsATCP1062.pdf

 

Fish Health Certificates.

Fish health certification falls under ATCP 10.65 and the WDATCP VHS Emergency Rule October, 2007.

 

ATCP 10.65 (excerpts)

A fish health certificate ... shall certify that the fish and fish eggs in the inspected shipment, or at the inspected fish farm, are free of all of the following:

  1. Visible signs of contagious or infectious disease.
  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. White sturgeon iridovirus if an import shipment covered by the health certificate includes sturgeon.
  4. Viral hemorrhagic septicemia (VHS) if an import shipment covered by the health certificate includes fish or fish eggs from a state or province where that disease is known to occur.
  5. Other diseases, if any, specified on the certificate form.

 

A qualified fish health inspector shall issue a fish health certificate on a form provided by the department, and shall file a copy of the health certificate with the department within 7 days after issuing the health certificate. 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

 

Fish health certificates can be issued for either a) an individual shipment of fish or fish eggs, or b) the entire fish farm.  Acceptable protocols include AFS Blue Book or OIE.  Protocols may depend on the type of facility, rearing programs within the facility, and movement of fish into and out of the facility.

 

Certification expiration dates. ATCP 10.65 (4m)(a) A health certificate based on an inspection under sub. (3) (a) (individual shipment of fish or fish eggs) expires 30 days after it is issued unless the department by written notice specifies a different expiration date.  A health certificate based on an inspection under sub. (3) (b) (fish farm) expires one year after it is issued unless the department by written notice specifies a different expiration date.

 

WDATCP VHS Emergency Rule

For WDATCP Animal Health and Emergency Rules see:
http://datcp.state.wi.us/ah/agriculture/animals/movement/pdf/VHSEmergencyRule.pdf
 


Fish health inspectors and laboratories.

ATCP 10.67 (excerpt)

Qualified fish health inspectors:

  1. A Wisconsin certified veterinarian who has completed a fish health inspection training program approved by the department.
  2. For purposes of an action taken under this chapter outside this state, any accredited veterinarian.
  3. An individual who is currently certified by the American fisheries society as a fish health inspector or fish pathologist, and who has completed fish health inspection training approved by the department.
  4. An individual who is currently authorized by a state to conduct official fish health inspections in that state, and who has completed a fish health inspection training program approved by the department.

Qualified laboratories:

  1. A laboratory approved by the federal bureau for purposes of disease testing related to interstate movement of fish or fish eggs.
  2. A laboratory approved by the department for purposes of disease testing related to compliance with this subchapter, including imports of fish or fish eggs.
  3. A federal or state veterinary diagnostic laboratory.

 

Wisconsin Department of Natural Resources Oversight

Bait dealers license

s. 29.509 (excerpts)

It shall be unlawful for any person, except licensed bait dealers to have in possession or under control more than 600 minnows at any time.  This section does not apply to bait produced in a state or municipal fish hatchery or to bait that is farm-raised fish. For baitfish dealers regulations, fees and license applications see: www.dnr.state.wi.us/org/caer/cs/specialpermiting/baitdealers.html

 

Wild baitfish harvests from State of Wisconsin waters

Wisconsin administrative code (Chapter NR 19.057) requires that all bait dealers that harvest minnows from waters of the State of Wisconsin also obtain a wild harvest permit prior to any harvest.  That permit is specific for a 30 day time period and a specific body of water.  All fish harvested under these permits must be receive a Fish Health Certificate before they are used or distributed.  A person holding a Wisconsin fishing license may harvest non-commercial quantities of minnows for personal use on waters that are not currently posted as being infected with or connected to waters with Viral Hemorrhagic Septicemia.  However minnows may not be transported away from those waters.  No minnow harvest is allowed on any waters posted as being infected with or connected to waters with Viral Hemorrhagic Septicemia.  More information on these regulations can be found at:  http://dnr.wi.gov/fish/vhs/vhs_wildbait.html

 

Wisconsin Invasive Species Regulations, restricted and prohibited species

See WI, NR40.

http://dnr.wi.gov/invasives/classification/

In addition, a permit from the Department of Natural Resources (DNR) is required to import non-native species of fish or fish eggs, under Section 29.735, Wisconsin Statutes.

No person may bring into this state any fish or fish eggs, of a species that is non-native to this state, for the purpose of introduction into the waters of the state: for use as bait,
or for rearing in a fish farm without having a permit issued by the DNR.
 



Aquaculture Facility Regulations

WDNR regulation of aquaculture facilities in Wisconsin is related to environmental protection.  Generally all aquaculture facilities must follow the same environmental protection laws as any other business or person using or modifying public waters.  Examples of the kinds of permits that might be required for an aquaculture facility from the WiDNR include:

 

High capacity wells

Wastewater discharge

Pond construction

Dam construction

Wetland fills

Construction or habitat modifications affecting waters of the state

Use of waters of the state as a fish farm (natural water body permit)

Diversions of water from waters of the state

 

More detailed information about these kinds of permits can be found at:  http://dnr.wi.gov/fish/aquaculture/envper.htm

 

Fish Stocking permits

Wisconsin statutes (Wis. Statute Chapter 29.736) require that a fish stocking permit be obtained from the WIDNR before any fish are stocked into a water of the state (generally all rivers, streams, lakes, springs, wetlands, and ponds – even artificially dug ponds – regardless of who owns the land around the water).  Generally the only waters not requiring a fish stocking permit are facilities legally registered with WDATCP as fish farms.  Fish being stocked under these permits must also receive a fish health certificate as specified under WDATCP regulations.  More information and stocking permit applications forms can be found at: http://dnr.wi.gov/fish/faq/stock.htm.

 

Other States Information:

North Central Region States:     Adjacent States:
Illinois Arkansas
Indiana Colorado
Iowa Kentucky
Kansas Montana
Michigan Oklahoma
Minnesota Pennsylvania
Missouri Tennessee
Nebraska West Virginia
North Dakota Wyoming
Ohio
South Dakota
Wisconsin


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