Section 10.60. Definitions.

  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.

(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 subchapter "waters of the state" do not include those waters registered as a fish farm under s. ATCP 10.61 .

(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."

CR 06-009 : cr. Register September 2006 No. 609 , eff. 10-1-06; CR 07-107 : renum. (1) to be (1m) and am., cr. (1) Register November 2008 No. 635 , eff. 12-1-08; CR 11-048 : am. (1m), cr. (2m), am. (10), cr. (10m), am. (11) Register July 2012 No. 679 , eff. 8-1-12; correction in (8) made under s. 13.92 (4) (b) 7. , Stats., Register July 2016 No. 727 .

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 . Microsoft Windows NT 6.1.7601 Service Pack 1 See s. 281.01 (18) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 The Wisconsin department of natural resources is considered a "person" for purposes of this subchapter. See s. ATCP 10.01 (77) . Microsoft Windows NT 6.1.7601 Service Pack 1