Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 10-19 - Animal Health › Chapter ATCP 10 - Animal Diseases And Movement › Subchapter VIII - Fish › Section ATCP 10.60 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Contiguous parcels" means land parcels
				  that are adjacent or that share a common boundary. "Contiguous parcels"
				  includes parcels that are separated only by a river, stream, section line,
				  public road, private road, or railroad or utility right of way.
(1m) "Fish farm" means a facility or group of
				  facilities, all located on a single parcel of land or on 2 or more contiguous
				  parcels, at which a person hatches fish eggs, rears live fish, or holds live
				  fish for the purpose of introduction into the waters of the state, human or
				  animal consumption, fishing, use as bait or fertilizer, or for sale to another
				  person to rear for one of those purposes.
(2) "Food processing plant" means a facility
				  that is required to be licensed under s.
				  97.29,
				  Stats.
(2m) "Listed species" means
				  the species of fish listed on the shipment documents or listed on the fish farm
				  registration application as hatched or kept at the fish farm. "Listed species"
				  does not include species that the department determines are incidentally
				  included in the shipment or located on the fish farm.
Note:
Although this exempts the incidental
					 fish in a shipment from fish health certificate and department import permit
					 requirements, it does not exempt a fish importer from the prohibitions or
					 restrictions on fish imports in ch. NR 40.
(3) "Operator" means a person who owns or
				  controls a fish farm. "Operator" includes the operator's employees and
				  agents.
(4) "Ornamental fish" means
				  goldfish, koi, tropical freshwater fish that cannot survive in temperatures
				  below 38°F, saltwater fish, and other fish that the department designates
				  in writing.
(5) "Qualified fish
				  health inspector" means an individual who qualifies under s.
				  ATCP
				  10.67(1).
(6) "Qualified laboratory" means a laboratory
				  that qualifies under s.
				  ATCP
				  10.67(2).
(7) "Retail food establishment" means a
				  facility that is required to be licensed under s.
				  97.30,
				  Stats.
(8) "Restaurant" means a
				  facility that is required to be licensed under s.
				  97.605,
				  Stats.
(9) "Salmonid" means fish or
				  fish eggs of the family that includes trout, salmon, grayling, char, Dolly
				  Vardon, whitefish, cisco, and inconnu.
(10) "Untreated water" means water that has
				  not been rendered free of pathogens.
(10m) "Waters of the state" includes those
				  portions of Lake Michigan and Lake Superior within the boundaries of this
				  state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding
				  reservoirs, marshes, watercourses, drainage systems, and other surface water or
				  groundwater, natural or artificial, public or private, within this state or its
				  jurisdiction. For this sub-chapter "waters of the state" do not include those
				  waters registered as a fish farm under s.
				  ATCP 10.61.
Note:
See
s.
					 281.01(18),
					 Stats.
(11) "Wild source"
				  means waters within or without this state that meet both of the following:
(a) The waters are not determined to be fish
				  farms under the laws of the state of location.
(b) The waters are not exempt from any
				  requirements of the state of location to be licensed or registered as a fish
				  farm. Waters that are exempt from licensing or registration in the state of
				  location are not "wild sources."