Contents december 2010 I. Emergency rules
Part VII. Fish and Other Aquatic Life
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- FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Oyster Lease Relocation
- Committee Reports COMMITTEE REPORT Senate Committe on Health and Welfare
- Potpourri POTPOURRI Office of the Governor Office of Financial Institutions
- POTPOURRI Department of Health and Hospitals Board of Veterinary Medicine
- Test Window Date Deadline To Apply
- Test Date Deadline To Apply
- POTPOURRI Department of Insurance Office of the Commissioner
- POTPOURRI Department of Natural Resources Office of Conservation
- Operator Field District
- POTPOURRI Department of Natural Resources Office of the Secretary Fishermens Gear Compensation Fund
- CUMULATIVE INDEX (Volume 36, Number 12) 2010
- ADMINISTRATIVE CODE UPDATE Cumulative
- Agricultural and Environmental Sciences, Office of
- Agricultural Finance Authority
- Feed, Fertilizer and Agriculture Commission
- Seed Commission
- Economic Stability and Self-Sufficiency Section
| Part VII. Fish and Other Aquatic Life
Chapter 5. Oysters §531. Oyster Lease Relocation for Leases Not Available for Renewal Due To Those Leases Being Wholly Contained Within a Public Oyster Seed Ground A. Eligibility. Those leases which are currently located wholly within a public oyster seed ground, and any former leases which were determined by the Department of Wildlife and Fisheries to have been non-renewed since 1998 due to the fact that such leases were wholly contained within a public oyster seed ground, shall be eligible for relocation. B. Area of Relocation. An area as determined by the Department of Wildlife and Fisheries and approved by the Office of Coastal Protection and Restoration, in consultation with the Louisiana Oyster Task Force, shall be set aside from the Public Oyster Seed Grounds east of the Mississippi River, as described in LAC 76:VII.511. C. Amount Lease Acreage Available. Any new lease issued under this relocation program shall be for an amount of acreage not to exceed the acreage of the lease which is being relocated. D. Notification and Application Process. The Department of Wildlife and Fisheries shall notify the leaseholder of an affected existing lease, or the leaseholder of record for a lease that was previously not renewed, of the option to relocate the lease. The affected leaseholder or leaseholder of record shall have 60 days from the date of notification to appear in person at the LDWF Oyster Lease Survey Section office to apply for a relocation lease. Applications shall be on application forms provided by the department and shall be processed by the department in the order in which they are received by the department. E. Issuance of Relocated Leases. Relocated leases shall be issued pursuant to LAC 76:VII.501 and 503. F. Expiration Date. This Rule shall expire on January 1, 2013. AUTHORITY NOTE: Promulgated in accordance with Act 265 of the 2010 Regular Legislative Session. HISTORICAL NOTE: Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 37: The Secretary of the Department of Wildlife and Fisheries is authorized to take any and all necessary steps on behalf of the commission to promulgate and effectuate this Notice of Intent and the final Rule, including but not limited to, the filing of the Fiscal and Economic Impact Statement, the filing of the Notice of Intent and final Rule and the preparation of reports and correspondence to other agencies of government. Family Impact Statement In accordance with Act 1183 of 1999, the Department of Wildlife and Fisheries/Wildlife and Fisheries Commission hereby issues its Family Impact Statement in connection with the preceding Notice of Intent: This Notice of Intent will have no impact on the six criteria set out in R.S. 49:972(B). Public Comments Interested persons may submit written comments relative to the proposed rule until 4:30 p.m., February 4, 2011 to Patrick D. Banks, LDWF Fisheries Division, Box 98000, Baton Rouge, LA 70898-9000. Stephen W. Sagrera Vice-Chairman FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Oyster Lease Relocation I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) Implementation of the proposed rule will be carried out using existing staff and funding level. Due to the limited number of leases that are eligible to participate in this oyster lease relocation program, the increase in costs, workload and paperwork to the state associated with implementing the proposed rule is anticipated to be minimal. Local governmental units will not be impacted. II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) Revenue collections of state and local governmental units are not anticipated to be impacted by the proposed rule. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) Holders of oyster leases that are currently located within a public oyster seed ground and any former leases which were determined by the Department of Wildlife and Fisheries to have been non-renewed since 1998 due to the fact that such leases were located within a public oyster seed ground may benefit from the propose rule. They will be eligible to relocate or exchange their non-renewal lease acres with equal acres located in other designated areas of the state during the current lease moratorium. The economic benefit derived from the proposed rule cannot be determined at this time and will depend on the productivity of the new leased areas compared to the productivity of the non-renewal oyster lease areas. IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) The proposed rule is anticipated to have little or no effect on competition or employment in the public or private sectors.
Committee Reports COMMITTEE REPORT Senate Committe on Health and Welfare DHH Emergency Rules Adopted on November 22, 2010 Editor’s Note: These Emergency Rules may be viewed in their entirety in this edition of the Louisiana Register in the Emergency Rule Section. Pursuant to La. R.S. 49:49:953(B)(4), the Senate Committee on Health and Welfare, at a duly called meeting on December 10, 2010, has made a finding that the following Emergency Rules adopted by the Department of Health and Hospitals on November 22, 2010 and captioned accordingly, are unacceptable: 1. All Inclusive Care for the Elderly Reimbursement Rate Reduction (LAC 50:XXIII.1301) 2. Ambulatory Surgical Centers Reimbursement Rate Reduction (LAC 50:XI.7503) 3. Early and Periodic Screening, Diagnosis and TreatmentDental Program Reimbursement Rate Reduction (LAC 50:XV.6903) 4. Early and Periodic Screening, Diagnosis and TreatmentHealth ServicesEarlySteps Reimbursement Rate Reduction (LAC 50:XV.7107) 5. End Stage Renal Disease Facilities Reimbursement Rate Reduction (LAC 50:XI.6901 and 6903) 6. Home Health ProgramExtended Nursing Services Reimbursement Rate Reduction (LAC 50:XIII.701) 7. Inpatient Hospital ServicesNon-Rural, Non-State Hospitals Reimbursement Rate Reduction (LAC 50:V.953, 955, 959 and 967) 8. Inpatient Hospital ServicesNon-Rural, Non-State HospitalsOutlier Payment Methodology (LAC 50:V.954) 9. Outpatient Hospital ServicesNon-Rural, Non-State Hospitals and Children’s Specialty Hospitals Reimbursement Rate Reduction (LAC:V.5313, 5317, 5513, 5517, 5713, 5719, 6115 and 6119) 10. Laboratory and Radiology Services Reimbursement Rate Reduction (LAC 50:XIX.4329 and 4334-4337) 11. Mental Health Rehabilitation Program Reimbursement Rate Reduction (LAC 50:XV.901) 12. Multi-Systemic Therapy Reimbursement Rate Reduction (LAC 50:XV.25701) 13. Personal Care ServicesLong-Term Reimbursement Rate Reduction (LAC 50:XV.12917) 14. Pharmacy ProgramPrescription Limit Reduction (LAC 50:XXIX.113) 15. Pregnant Women Extended ServicesDental Services Reimbursement Rate Reduction (LAC 50:XV.16107) 16. Medical Transportation ProgramEmergency Ambulance Services Reimbursement Rate Reduction (LAC 50:XXVII.325 and 353) 17. Medical Transportation ProgramNon-Emergency Ambulance Services Reimbursement Rate Reduction (LAC 50:XXVII.571) 18. Medical Transportation ProgramNon-Emergency Medical Transportation Reimbursement Rate Reduction (LAC 50:XXVII.573) Pursuant to La. R.S. 49:953(B)(4)(c), upon receipt by the agency of this report (December 13, 2010), the rules shall be nullified and shall be without effect. Senator Willie L. Mount Chairperson 1012#000
POTPOURRI__Department_of_Natural_Resources__Office_of_Conservation'>POTPOURRI__Department_of_Insurance__Office_of_the_Commissioner'>POTPOURRI__Department_of_Health_and_Hospitals__Board_of_Veterinary_Medicine'>POTPOURRI__Office_of_the_Governor__Office_of_Financial_Institutions'>Potpourri POTPOURRI Office of the Governor Office of Financial Institutions Judicial Interest Rate Determination for 2011 R.S. 13:4202(B), as amended by Acts 2001, No. 841, requires the Louisiana Commissioner of Financial Institutions to determine the judicial interest rate for the calendar year following the calculation date. The commissioner has determined the judicial interest rate for the calendar year 2011 in accordance with R.S. 13:4202(B)(1). The commissioner ascertained that on October 1, 2010 the approved discount rate of the Federal Reserve Board of Governors was three-quarters .75 percent. R.S. 13:4202(B)(1) mandates that on and after January 1, 2002, the judicial interest rate shall be three and one-quarter percentage points above the Federal Reserve Board of Governors approved discount rate on October 1, 2010. Thus, the effective judicial interest rate for the calendar year 2011 shall be 4.0 percent per annum. R.S. 13:4202(B)(2) provides that the publication of the commissioner’s determination in the Louisiana Register “shall not be considered rulemaking within the intendment of the Administrative Procedure Act, R.S. 49:950 et seq., and particularly R.S. 49:953.” Therefore, (1) a Fiscal Economic Impact Statement, (2) a Family Impact Statement, and (3) a Notice of Intent are not required to be filed with the Louisiana Register. John P. Ducrest, C.P.A. Commissioner 1012#029
Spring/Summer Examination Dates; 2011 Board Meeting Dates; Board Nominations The Louisiana Board of Veterinary Medicine will administer the State Board Examination (SBE) for licensure to practice veterinary medicine on the first Tuesday of every month. Deadline to apply for the SBE is the third Friday prior to the examination date desired. SBE dates are subject to change due to office closure (i.e. holiday, weather). The board will accept applications to take the North American Veterinary Licensing Examination (NAVLE) which will be administered through the National Board of Veterinary Medical Examiners (NBVME), formerly the National Board Examination Committee (NBEC), as follows: Test Window Date Deadline To Apply April 11 through Monday, January 3, 2011 April 23, 2011
March 1 - 31, 2011 February 1, 2011 July 15 through June 15, 2011 August 15, 2011 November 15 through October 15, 2011 December 15, 2011 Applications for all examinations must be received on or before the deadline. No late application will be accepted. Requests for special accommodations must be made as early as possible for review and acceptance. Applications and information may be obtained from the board office at 263 Third Street, Suite 104, Baton Rouge, LA 70801 and by request via telephone at (225) 342-2176 or by e-mail at admin@lsbvm.org; application forms and information are also available on the website at www.lsbvm.org. Board Nominations The Louisiana Board of Veterinary Medicine announces that nominations for the position of board member will be taken by the Louisiana Veterinary Medical Association (LVMA) at the annual winter meeting to be held February 2011. Interested persons should submit the names of nominees directly to the LVMA as per R.S. 37:1515. It is not necessary to be a member of the LVMA to be nominated. The LVMA may be contacted at (225) 928-5862. Wendy D. Parrish Executive Director 1012#034
Regulation 47Actuarial Opinion and Memorandum The Department of Insurance published a Notice of Intent for its Actuarial Division in the October 20, 2010 edition of the Louisiana Register (Volume 36, Number 10, page 2427). The Notice of Intent inadvertently set the public hearing on a holiday. In order to give the public additional access a second public hearing has been scheduled for Wednesday, December 22, 2010 beginning at 9:00 a.m., in the Poydras Building’s Plaza Hearing Room located at 1702 North Third Street, Baton Rouge, LA 70802. James J. Donelon Commissioner 1012#077
Orphaned Oilfield Sites Office of Conservation records indicate that the Oilfield Sites listed in the table below have met the requirements as set forth by Section 91 of Act 404, R.S. 30:80 et seq., and as such are being declared Orphaned Oilfield Sites.
James H. Welsh Commissioner 1012#032
Department of Natural Resources Office of the Secretary Fishermen's Gear Compensation Fund Loran Coordinates In accordance with the provisions of R.S. 56:700.1 et seq., notice is given that 3 claims in the amount of $12,499.81 were received for payment during the period November 1, 2010 - November 30, 2010 There were 3 paid and 0 denied. Latitude/Longitude Coordinates of reported underwater obstructions are:
A list of claimants and amounts paid can be obtained from Gwendolyn Thomas, Administrator, Fishermen's Gear Compensation Fund, P.O. Box 44277, Baton Rouge, LA 70804 or you can call (225) 342-0122. Scott A. Angelle Secretary 1012#074
CUMULATIVE INDEX (Volume 36, Number 12) 2010 Pages Issue 1-157 January 158-439 February 440-713 March 714-911 April 912-1153 May 1154-1411 June 1412-1670 July 1671-1919 August 1920-2146 September 2147-2453 October 2454-2758 November 2759-3040 December EO―Executive Order PPM―Policy and Procedure Memoranda ER―Emergency Rule R―Rule N―Notice of Intent CR―Committee Report GR―Governor's Report L―Legislation P―Potpourri ADMINISTRATIVE CODE UPDATE Cumulative January 2009-December 2009, 146 January 2010-March 2010, 901 January 2010-June 2010, 1659 January 2010-September 2010, 2438
Agricultural commodity dealer and warehouse law, 2585N Agricultural and Environmental Sciences, Office of Agriculture chemistry lab fees, 2605N Giant salvinia, 1927ER, 2056N Labeling of coated seeds, 1587N Pesticide 2, 4-D, 914ER, 1036N, 1980R Seed certification standards and fees, 336N, 1220R ULV malathion/pyrethroid, 914ER, 1036N, 1980R
Farm and agribusiness recovery and loan program, 442ER, 464R Agro-Consumer Services Agriculture commodities commission, 2456ER Animal Health, Board of Trichomoniasis, 1156ER, 1580N, 1925ER, 2518R Commissioner, Office of the Agriculture commodities commission, 1416ER Family farm credit, 231R Fees: amount, time of payment, 446ER Louisiana strawberries, 2057N Sweet potato yield adjustment, 445ER Feed, Fertilizer and Agriculture Commission Small package, 2604N Horticulture Commission Landscape architect registration exam, 161P, 425P, 1906P, 2134P Landscape irrigation contractors insurance waiver, 1585N, 2520R Retail floristry examination, 425P, 1143P, 1402P Seed Commission Labeling of coated seeds, 1587N Seed certification standards and fees, 336N
Bait and baiting system requirements, 2456ER Rule revisions and technical corrections, 2060N
NOTE: Formerly Social Services. See Social Services section of this Index for prior subject listings of January through June. Child Welfare Section Daycare services—residential licensing, 1590N, 2521R Legal representation in child protection cases, 1587N, 2522R Residential licensing Disqualification, 2838R Notice of revocation action, 1462R Division of Programs Child placing agencies, 2149ER Child support enforcement Securing and enforcing medical auppoer obligation, 2878N Portability of criminal history, religious exemption, and sex offender rule, ER 2458, 2879N
Child care assistance program, 1794N, 2523R Discontinuance of job search, 1767R Daycare services—residential licensing, 1590N, 2521R Family independence temporary assistance program (FITAP), 1673ER, 1794N, 2523R Family violence prevention and intervention program, 1589N, 2236R Kinship care subsidy program (KCSP), 1673ER, 1794N, 2523R Residential licensing Disqualification, 2838R Supplemental Nutrition Assistance Program (SNAP), 1673ER, 1794N, 2523R Iraqi, Afghani Immigrant—Qualified Alien, 1674ER Temporary assistance for needy families (TANF) Initiatives, 1676ER Licensing Section Child placing agencies, 2605N Directory: osr -> reg reg -> Contents september 2009 I. Executive order reg -> Contents october 2013 I. Executive orders osr -> Table of Contents Title 7 agriculture and animals osr -> Table of Contents Title 46 Professional and Occupational Standards osr -> Table of Contents Title 46 Professional and Occupational Standards osr -> Part I. Wildlife and Fisheries Commission and Agencies Thereunder 1 reg -> Contents april 2009 I. Executive order osr -> Chapter Purpose 2 §101. Introduction 2 Download 3.89 Mb. Share with your friends:
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