PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 246-282-900(5), Sanitary control of shellfish -- Fees -- Commercial geoduck paralytic shellfish poisoning (PSP) testing.
Hearing Location(s): Department of Health, Town Center 3, Room 252, 243 Israel Road S.E., Tumwater, WA 98501, on April 15, 2013, at 10:00 a.m.
Date of Intended Adoption: May 1, 2013.
Submit Written Comments to: Brandy Brush, Department of Health, Office of Shellfish and Water Protection, 243 Israel Road S.E., Tumwater, WA 98501, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2257, by April 15, 2013.
Assistance for Persons with Disabilities: Contact Brandy Brush by April 11, 2013, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to equitably assess the costs of commercial geoduck PSP testing. The cost assessment will follow the annual redistribution formula which is based on the number of tests done in the previous year. The testing is essential to public health as it is the only way to determine if dangerous levels of PSP exist in commercial geoduck, and ensure toxic shellfish do not reach consumers.
Reasons Supporting Proposal: The proposed geoduck PSP fee redistribution is based on the 2012 total cost of service for the entities that submitted geoduck tests and the number of tests done for each entity. The annual redistribution of the fees assesses each entity their proportionate amount of the total fee based on the number of tests they submitted. The regulated community is aware of, participates in, and supports this annual change.
Statutory Authority for Adoption: RCW 43.70.250.
Statute Being Implemented: RCW 43.70.250.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Brandy Brush, 243 Israel Road S.E. Tumwater, WA 98501, (360) 236-3342; Implementation and Enforcement: Rick Porso, 243 Israel Road S.E. Tumwater, WA 98501, (360) 236-3302.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.
February 25, 2013
Mary C. Selecky
Secretary
OTS-5296.1
AMENDATORY SECTION(Amending WSR 12-14-073, filed 7/2/12,
effective 8/2/12)
WAC 246-282-990
Fees.
(1) The required annual shellfish
operation license fees for shellstock shippers and
shucker-packers due October 1, 2011, shall be reduced by
twenty-five percent of the annual shellfish operation license
fees in subsection (2) of this section. Beginning July 1,
2012, and for every subsequent year, the full annual shellfish
operation license fees in subsection (2) of this section shall
be assessed.
(2) Annual shellfish operation license fees are:
| Type of Operation | Annual Fee | |||
| Harvester | $263 | |||
| Shellstock Shipper | ||||
| 0 - 49 Acres | $297 | |||
| 50 or greater Acres | $476 | |||
| Scallop Shellstock Shipper | $297 | |||
| Shucker-Packer | ||||
| Plants with floor space < 2000 sq. ft. | $542 | |||
| Plants with floor space 2000 sq. ft. to 5000 sq. ft. | $656 | |||
| Plants with floor space > 5000 sq. ft. | $1,210 | |||
(4) Annual PSP testing fees for companies harvesting species other than geoduck intertidally (between the extremes of high and low tide) are as follows:
| Fee Category | ||||
| Type of Operation | Number of Harvest Sites |
Fee | ||
| Harvester | ≤ 2 | $173 | ||
| Harvester | 3 or more | $259 | ||
| Shellstock Shipper | ≤ 2 | $195 | ||
| 0 - 49 acres | ||||
| Shellstock Shipper | 3 or more | $292 | ||
| 0 - 49 acres | ||||
| Shellstock Shipper | N/A | $468 | ||
| 50 or greater acres | ||||
| Shucker-Packer | ≤ 2 | $354 | ||
| (plants < 2000 ft2) | ||||
| Shucker-Packer | 3 or more | $533 | ||
| (plants < 2000 ft2) | ||||
| Shucker-Packer | ≤ 2 | $429 | ||
| (plants 2000 - 5000 ft2) | ||||
| Shucker-Packer | 3 or more | $644 | ||
| (plants 2000 - 5000 ft2) | ||||
| Shucker-Packer | N/A | $1,189 | ||
| (plants > 5000 ft2) | ||||
(i) At the time of first licensure; or
(ii) January 1 of each year for companies licensed as harvesters; or
(iii) July 1 of each year for companies licensed as shellstock shippers and shucker packers.
(b) Two or more contiguous parcels with a total acreage of one acre or less is considered one harvest site.
(5) Annual PSP testing fees for companies harvesting geoduck are as follows:
| Harvester | Fee |
| Department of natural resources (quota tracts harvested by DNR contract holders) | $(( |
| Discovery Bay Shellfish | $(( 166 |
| Jamestown S'Klallam Tribe | $(( |
| Lower Elwha Klallam Tribe | $(( |
| Nisqually Tribe | $5,318 |
| Port Gamble S'Klallam Tribe | $(( |
| Puyallup Tribe of Indians | $(( |
| (( |
|
| Skokomish Indian Tribe | $665 |
| Squaxin Island Tribe | $(( |
| Suquamish Tribe | $(( |
| Swinomish Tribe | $(( |
| Taylor Shellfish | $(( 166 |
| Tulalip Tribe | $(( |
(7) Refunds for PSP fees will be given only if the applicant withdraws a new or renewal license application prior to the effective date of the new or renewed license.
[Statutory Authority: RCW 43.70.250. 12-14-073, § 246-282-990, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 69.30.030 and 43.20.030. 11-19-011, § 246-282-990, filed 9/7/11, effective 10/8/11. Statutory Authority: RCW 43.70.250. 10-19-034, § 246-282-990, filed 9/9/10, effective 10/10/10; 09-19-067, § 246-282-990, filed 9/14/09, effective 10/15/09; 08-13-067, § 246-282-990, filed 6/13/08, effective 7/14/08; 07-17-159, § 246-282-990, filed 8/21/07, effective 9/21/07; 06-15-131, § 246-282-990, filed 7/19/06, effective 8/19/06; 05-17-120, § 246-282-990, filed 8/17/05, effective 9/17/05; 04-15-154, § 246-282-990, filed 7/21/04, effective 8/21/04; 03-18-093, § 246-282-990, filed 9/2/03, effective 10/3/03. Statutory Authority: RCW 43.70.250 and 34.70.250 [43.70.250]. 03-14-037, § 246-282-990, filed 6/23/03, effective 7/24/03. Statutory Authority: RCW 43.70.250 and the 2002 supplemental operating budget. 02-15-094, § 246-282-990, filed 7/16/02, effective 8/16/02. Statutory Authority: RCW 43.70.250, 70.90.150, and 43.20B.250. 01-14-047, § 246-282-990, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 69.30.030 and 43.20.030. 01-04-054, § 246-282-990, filed 2/5/01, effective 3/8/01. Statutory Authority: RCW 43.70.250. 00-02-016, § 246-282-990, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-282-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.20B.020 and 69.30.030. 98-12-068, § 246-282-990, filed 6/1/98, effective 7/2/98. Statutory Authority: RCW 43.203.020 [43.20B.020]. 97-12-031, § 246-282-990, filed 5/30/97, effective 6/30/97. Statutory Authority: RCW 43.20B.020 and 69.30.030. 96-16-073, § 246-282-990, filed 8/6/96, effective 10/1/96. Statutory Authority: RCW 43.70.040. 93-17-096 (Order 389), § 246-282-990, filed 8/17/93, effective 9/17/93; 91-02-049 (Order 121), recodified as § 246-282-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 85-12-029 (Order 2236), § 440-44-065, filed 5/31/85; 84-13-006 (Order 2109), § 440-44-065, filed 6/7/84; 83-15-021 (Order 1991), § 440-44-065, filed 7/14/83. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), § 440-44-065, filed 6/4/82.]