The Office of the Commissioner of Insurance is considering revisions to s.
Ins 4.10, Wis. Adm. Code, as proposed by the WIP governing committee. The revisions would provide WIP with the ability to respond in a more timely fashion to changing market conditions.
Policy Analysis
The current rule has many provisions relating to specific procedures that limit WIP's ability to provide Wisconsin insureds with needed coverages and to respond to other market conditions. The revisions being proposed, include but are not limited to, removing underwriting guidelines and procedures from the rule, but requiring that they be filed with and approved by the office prior to being implemented by WIP, changing the number and/or composition of the governing committee and changing the time period for an insured to request a hearing of a decision by the Plan.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation that addresses the activities to be regulated by this proposed rule change.
Entities Affected by the Rule
WIP will be affected by this rule.
Estimate of Time Needed to Develop the Rule
100 hours and no other resources are necessary.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Subject
Revises section NR 45.04 (1) (g), relating to governing firewood allowed into state lands.
Objective of the rule
The DNR's Division of Forestry recommends amending NR 45.04 (1) (g) to: 1) decrease the distance from which firewood may be brought onto state lands from 50 to 25 miles, 2) allow properties outside areas quarantined for specific firewood transmitted pests and diseases to exclude wood from these areas within the state, 3) include all raw wood in the definition of firewood and 4) allow wood certified by other states if treatment is similar to criteria used by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) in its dealer certification.
Policy Analysis
DNR currently limits wood entering state lands to that wood originating from within 50 miles and within the state or from dealers that are certified by the state as treating their wood to prevent transmission of pests or diseases. A recently completed model suggests, however, that once an invasive is established at several sites within the state, this 50 mile radius may be too large to meaningfully reduce the risk of introduction of the invasive onto state lands. One of the most damaging invasives moving on firewood, the emerald ash borer (EAB), has been found at three sites in Wisconsin and may be present, undetected, at others. To improve protection for state lands from invasives that move in wood, such as EAB, it is necessary to reduce the distance from which wood is allowed into state lands. We propose the distance for allowable wood be reduced to 25 miles. This distance will increase protection while ensuring adequate firewood supplies for state campgrounds.
In addition to changing the allowable distance for firewood, we will also address three issues that have arisen in the implementation of the rule in the past three years. We propose adding a statement to allow properties in un-quarantined areas to exclude wood from areas within Wisconsin that are quarantined for EAB or other invasives that otherwise would be allowable. We want to clarify the definition of firewood to include all raw wood even if it is not intended for use in a fire, for example, logs used as wheel chocks. Finally, we would like to allow wood certified by other states if the criteria for treatment is similar to those used by the Wisconsin DATCP and at their approval.
Statutory Authority
Comparison with Federal Regulations
The Apostle Islands National Park has prohibited all firewood into the park since 2006. The Chequamegon- Nicolet National Forest prohibits firewood from south of Route 29 or from outside Wisconsin. The Huron-Manistee National Forest in Michigan prohibits bringing ash firewood onto the forest. The Army Corps of Engineers regulates firewood they allow onto their lands in Wisconsin.
Entities Affected by the Rule
We expect campers and firewood dealers would be impacted or interested in this rule.
Estimate of Time Needed to Develop the Rule
Approximately 108 hours will be needed by the Department to develop the rule prior to and following the hearings.
Contact Person
Andrea Diss-Torrance, Gypsy Moth and Invasive Forests Insects Program Coordinator, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, (608) 264-9247,
Andrea.DissTorrance@wisconsin.gov
