Rule-Making Notices (Hearing Notices)

Surrounding states regulation

Illinois: Adoption of the NAIC model regulation permitting the recognition of preferred mortality tables for use in determining minimum reserve liabilities of insurers is under consideration.

Iowa: Iowa Adm. Code 191-94.3, permits the use for purposes of reserve valuation, under prescribed conditions, of the 2001 CSO Preferred Class Structure Mortality Table, adopting the NAIC model regulation.

Michigan: Mich. Comp. Laws, s. 500.838a, permits the use for purposes of reserve valuation, under prescribed conditions, of the 2001 CSO Preferred Class Structure Mortality Table, adopting the NAIC model regulation.

Minnesota: Minn. Stat. Ch. 61A.257, effective August 1, 2007, adopts the NAIC model regulation permitting the recognition of preferred mortality tables for use in determining minimum reserve liabilities of insurers.

Factual data and analytical methodologies

The National Association of Insurance Commissioners (NAIC) adopted a model regulation permitting the recognition of preferred mortality tables for use in determining minimum reserve liabilities at the September, 2006, national meeting and published in the NAIC proceedings (Third Quarter 2206). The model allows insurers, meeting prescribed conditions, to use the 2001 CSO Preferred Class Structure Mortality Table to reflect differences in mortality between preferred and standard lives in determining reserves to more precisely fit the characteristics of outstanding policies, and enhance the ability of insurers and regulators to monitor financial status. The proposed rule has been recommended by the NAIC and has been, or is in the process of being adopted by a significant number of states.

Analysis and supporting documentation used to determine effect on small businesses

This rule relates to insurer determination of minimum reserves, and there is no significant effect on small business.

Effect on small business

This rule will have little or no effect on small businesses.

Agency contact person

A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the Web site at: http://oci.wi.gov/ocirules.htm or by contacting:

Inger Williams, OCI Services Section, at:

Phone:   [phone]

Email:   [e-mail]

Address:   125 South Webster St – 2nd Floor,
  Madison WI 53703-3474

Mail:   PO Box 7873
  Madison, WI 53707-7873

Initial Regulatory Flexibility Analysis

This rule does not impose any additional requirements on small businesses.

The OCI small business coordinator is Eileen Mallow and may be reached at phone number [phone] or at email address: [e-mail]

Fiscal Estimate

There will be no state or local government fiscal effect.

This rule change will have no significant effect on the private sector regulated by the OCI.

Copy of Rule and Contact Person

A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Public Information and Communications, OCI, at: [e-mail], [phone], 125 South Webster Street – 2nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 07-074]

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (intro.), 23.091, 23.11, 23.22 (2) (a) and (b) 6., 27.01 (2) (j), 29.014 (1), 29.041, 29.039 (1), 29.509 (4) and (5) and 227.11 (2) (a), Stats., interpreting ss. 23.09 (2) (intro.), 23.22 (2) (a), 29.014 (1), 29.039 (1), 29.041 and 227.11 (2) (a), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 19 and 20, Wis. Adm. Code, relating to control of fish diseases and invasive species. The proposed rule makes permanent and clarifies recent emergency measures for the control and prevention of viral hemorrhagic septicemia (VHS) in fish in waters of the state.

The proposed rule limits the transport of live fish away from specified waters and requires the immediate drainage of water from boats, boating equipment, fishing equipment and other containers upon removal from those specifies waters. Waters specified in the rule include Lake Michigan, Lake Superior, Mississippi River, Lake Winnebago and the Fox River downstream to Green Bay, and all connecting waters upstream to the first barrier impassable to fish. If VHS is found outside of the waters specified in the rule, than all waters of the state would be included.

The proposed rule also requires that bait dealers apply for and possess a department permit to harvest wild bait from any water and keep daily harvest and disposition records.

The proposed rule bans the use or possession of imported live bait (minnows, crayfish and frogs), with exceptions. It also prohibits any person from using dead fish, fish eggs, crayfish, frogs or any parts thereof as bait, with exceptions, and it limits the use of fish and fish parts as bait in crayfish traps and turtle traps, with exceptions.

Finally, the proposed rule adds a new criterion for the issuance of permits for licensed bait dealers to use nonstandard minor gear, allowing the permits to be denied if use of the gear could spread invasive species or diseases.

The Order makes permanent and clarifies the emergency measures put into effect April 8, 2007 by Order No. FH-22-07(E), May 2, 2007 by Order No. FH-25-07(E) and May 27, 2007 by Order No. FH-28-07(E) for the control and prevention of viral hemorrhagic septicemia (VHS) in fish in waters of the state.

SECTION 1 of this Order creates definitions of “live fish" and “live fish eggs" for purposes of the rule created by SECTION 3 that prohibits the transport of live fish and fish eggs taken from or possessed on any inland or outlying water or its bank or shore.

SECTION 2 revises the title of s. NR 19.05.

SECTION 3 adds a new subsection (3) to s. NR 19.05, that prohibits the transport of live fish or fish eggs that were taken from or possessed on the Great Lakes, the Mississippi River, Lake Winnebago, the lower Fox River from Lake Winnebago to Green Bay, or any connected waters upstream to the first fish barrier, or from the bank or shore of any of those waters.

SECTION 4 of the Order creates a new rule in ch. NR 19 that requires any person who removes a boat, boat trailer, boating equipment or fishing equipment from the Great Lakes, the Mississippi River, Lake Winnebago, the lower Fox River from Lake Winnebago to Green Bay, or any connected waters upstream to the first fish barrier, or from the bank or shore of any of those waters, to immediately drain all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container, unless it has been exempted in writing by the department after determining that it will not allow VHS virus to be transported to other waters. In addition, if the department formally determines that any other water body is infected with Viral Hemorrhagic Septicemia virus, SECTION 4 makes the immediate drainage requirement apply to all waters of Wisconsin. The drainage requirement also applies to containers and fishing equipment used by bank or shore anglers. Finally, it exempts tanks or containers of potable drinking water and other beverages intended for human consumption.

SECTION 5 of the Order establishes a procedure for the department to formally notify the public if it determines that any water body other than the Great Lakes, the Mississippi River, Lake Winnebago, the lower Fox River from Lake Winnebago to Green Bay, or any connected water upstream to the first fish barrier, is infected with Viral Hemorrhagic Septicemia virus, based on test results or other empirical evidence that the virus is present. Public notice must be given by issuing a press release, by publication of a notice in the official state newspaper, and by any other means that is reasonably likely to inform the public. Following such a determination and public notice, the provisions of s. NR 19.03 (3) restricting the transport of live fish and eggs from these waters, and of s. NR 19.056 requiring immediate drainage of boats, boat trailers, boating equipment and fishing equipment upon removal from the water, bank or shore of these waters, thereafter apply state-wide to all waters.

SECTION 6 of the Order requires that bait dealers apply for and possess a department permit in order to harvest wild bait from any water, that they keep records of their harvest and of its disposition, except for retail sales to consumers, and that they not possess farm-raised fish while transporting wild harvested minnows, crayfish or frogs back to their business or to the point of sale.

SECTION 7 of the Order eliminates the current requirement that only fish or fish parts and meal may be used as bait for trapping crayfish. It then adds a requirement that if fish (or fish parts) are used as crayfish bait, they must come from the same water where they will be used as bait, except with written approval of the department.

SECTION 8 of the Order bans the use of fish (and fish parts) as bait to trap turtles unless the fish came from the same body of water where they will be used as bait, or with written approval of the department.

SECTION 9 of this Order creates definitions of “live fish" and “live fish eggs" for purposes of the rules created by SECTION 10 that restrict the use of improperly imported live bait and the use of dead bait that has not been preserved by a means that will kill the VHS virus.

SECTION 10 of the Order bans the use or possession of imported live bait (minnows, crayfish and frogs) except bait imported in compliance with DATCP's import and health requirements in ch. ATCP 10, Wis. Adm. Code, and live bait from Iowa or Minnesota used or possessed on boundary waters with those states (the Mississippi River “between the tracks", Lake St. Croix, and the St. Croix river and the St. Louis river as defined in s. NR 21.02 (16)). It also prohibits any person from possessing or using dead fish, dead fish eggs, dead crayfish, dead frogs, or any parts thereof as bait, with 3 exceptions: dead fish, dead fish eggs, dead crayfish, dead frogs, or any parts thereof may be used as bait on Lake Michigan, Green Bay and their tributaries upstream to the first dam or other obstruction impassible to fish; they may be used on the same water body from which they were obtained; and they may be used on any waters of the state if they have been preserved by means other than refrigeration or freezing. The rules also allow dead minnows to still be used as bait, as if they were alive, if certain conditions are met, even though the dead minnows are not preserved by any particular method.

SECTION 11 adds a provision to the current rule governing minnow collection, reiterating the requirement that a bait dealer must obtain the wild bait harvest permit created by SECTION 6 of this Order; describes the permit issued under s. NR 20.39 as a “non-standard gear permit" to distinguish it from the wild harvest permit; and corrects the wording of the Note to NR 20.14 regarding transport of live minnows as affected by this Order. The current note incorrectly states that transportation of minnows is permitted throughout the state.

SECTION 12 of the Order adds a new criterion for the issuance of permits that allow licensed bait dealers to use non-standard minnow gear. The new rule stipulates that such permits may be denied if the department determines that use of the non-standard gear (minnow seines, minnow dip nets or minnow traps) is likely to result in the spread of invasive species or diseases. SECTION 12 also adds a Note to NR 20.39 regarding the need for a wild harvest permit issued under rules created by SECTION 6 of this Order.

Initial Regulatory Flexibility Analysis

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses as follows:

a. Types of small businesses affected: Bait dealers, wholesale fish dealers, commercial fishers, anglers, boaters and individuals involved in the harvest, rearing or use of fish bait.

b. Description of reporting and bookkeeping procedures required: No new procedures

c. Description of professional skills required: No new skills

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Analysis

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

August 14, 2007     South Central Region Hdqrs.
Tuesday     3911 Fish Hatchery Road
at 5:30 p.m.     Fitchburg

August 15, 2007     Room B19
Wednesday     La Crosse State Office Bldg.
at 5:30 p.m.     3550 Mormon Coulee Road
    La Crosse

August 16, 2007     Room 140
Thursday     DNR Southeast Region Hdqrs.
at 5:30 p.m.     2300 N. Dr. Martin Luther King
    Jr. Dr.
    Milwaukee

August 20, 2007     Wetland Room
Monday     Green Bay Wildlife Sanctuary
at 5:30 p.m.     1660 East Shore Drive
    Green Bay

August 23, 2007     Upstairs Meeting Room
Thursday     State Highway Patrol Hdqrs.
at 5:30 p.m.     2805 Martin Avenue
    Wausau

August 23, 2007     Classroom
Thursday     Superior Public Library
at 5:30 p.m.     1530 Tower Avenue
    Superior

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

It is indeterminate whether the proposed changes will have any fiscal impact on state or local governments.

Assumptions used in arriving at fiscal estimate

The fiscal impact that this rule will have on state and local government--namely the increased costs associated with addressing or containing the VHS problem--is difficult to estimate given the short amount of time that has elapsed since the discovery of the virus and the uncertainty about the extent to which the virus may or may not spread to other parts of the state. Consequently, the Department is characterizing the state and local fiscal impact as “indeterminate" until more detailed cost information becomes available.

Copies of Rule, Written Comments, Contact Person

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 23, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Horns.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 227.24 and 29.192 (3), Stats., interpreting ss. 23.09 (2) (intro.), 29.014 (1), 29.041, 227.11 (2) (a) and 227.24 (1) (a), Stats. The Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-29-07(E) pertaining to the hook and line harvest of lake sturgeon. The emergency rule amends s. NR 20.20 to increase the minimum length limit for lake sturgeon in inland waters from 50‶ to 60‶ and reduce the season length from 6 weeks to 4 weeks. This emergency order will take effect on July 23, 2007.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the public hearing will be held on:

August 13, 2007     Room G09
Monday     GEF #2 Office Building
at 1:00 p.m.     101 South Webster Street
    Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Karl Scheidegger at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The proposed changes have no fiscal impact on state or local government.

Assumptions used in arriving at fiscal estimate

This emergency rule makes the following changes to the harvest of inland populations of lake sturgeon:

1) It increases the minimum length limit of lake sturgeon from 50‶ to 60‶ in inland waters where lake sturgeon are now harvested by hook and line.

2) It reduces the season length from 6 weeks to 4 weeks. Currently the open season for hook and line lake sturgeon is the first Saturday in September to October 15. The proposed season length would run from the first Saturday in September to September 30.

Copies of Rule, Written Comments, Contact Person

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Karl Scheidegger, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 17, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Scheidegger.

Notice of Hearings

Natural Resources