WSR 03-06-006

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed February 20, 2003, 4:11 p.m. ]

Date of Adoption: February 19, 2003.

Purpose: Increase certification fees for forest reproductive material.

Citation of Existing Rules Affected by this Order: Amending WAC 16-319-041.

Statutory Authority for Adoption: RCW 15.49.995, 15.49.310, and 15.49.370(3).

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 03-02-094 on December 31, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Fee increase is within fiscal growth rate factor for 2003.
Effective Date of Rule: Thirty-one days after filing.

February 19, 2003

William E. Brookreson

for Valoria Loveland

Director

OTS-6122.1


AMENDATORY SECTION(Amending WSR 02-05-081, filed 2/20/02, effective 3/23/02)

WAC 16-319-041   Application for certification of forest reproductive material.   (1) The conditions of applicant's submittal and of certifying agency's acceptance of application are:

(a) The application should show all classes for which certification services are requested.

(b) All reproductive material acquired or distributed by applicant of a type for which certification is requested is subject to audit.

(c) Applicant shall be responsible for payment of fees for certification services.

(d) Applicant is responsible for developing a record keeping system and labels available and satisfactory to the certifying agency.

(e) Certifying agency reserves the right to refuse certification service to applicant.

(f) Application for audit certification reproductive material shall be filed with certifying agency of the state in which warehouse, nursery, etc., is located with a copy to the certifying agency in the state where the reproductive material is collected.

(2) Timing of application requests for certification services:

(a) Application requests for source identified subclass B and lower classes for the current year's production of reproductive material shall be received by certifying agency from applicant not later than three days prior to initiation of collection, production, or propagation of forest reproductive material.

(b) For source identified subclass A and higher certification class, the applicant shall make application for service, and present a written plan to the certifying agency two weeks prior to the beginning of the collection season. The written plan will include the following:

(i) For subzone collection, areas shall be defined by legal description.

(ii) Details of the collection organization including names of buyers and field supervisors, estimated harvest volume, receiving station location(s), and other pertinent information.

(c) Application requests for all other services shall be received by certifying agency from applicant not later than seven days before need.

(3) The certifying agency establishes the fee schedule for certification services. These may be adjusted at the beginning of a crop year if certifying agency determines that costs are significantly more or less than anticipated: Provided, That increases shall not exceed twenty-five percent.

(a) Cones and seed:

(i) Tested and selected - the service includes review of test plans, audit of pertinent records and field inspection at the hourly job time rate shown in current fee schedule.

(ii) Source identified classes - the fee includes field inspection at the per bushel rate shown in the current fee schedule and audit of conditioning at the hourly rate also shown in the current fee schedule.

The fee for each lot containing less than sixty bushels shall be a maximum of thirty-six dollars: Provided, That the certifying agency, due to specific circumstances, may waive this maximum fee or a part thereof.

(iii) Audit class - the fee includes audit of applicant's field and conditioning records at the hourly rate shown in the current fee schedule.

(b) Trees: The fee includes the verification of the source of the trees from the seed source, stratification, sowing, bed identification, lifting, sorting, package identification, storing and/or transplanting.

(c) Not entered for certification: The fee for audit of reproductive material not entered for certification service is performed as required by and satisfactory to certifying agency to exercise said audit simultaneously with audit of reproductive material which applicant has requested certification service.

(d) The fee for certification classes applied for shall be charged whether or not offered material qualifies.

(e) The certifying agency may provide other services, such as training to comply with these standards, advising on the development of recordkeeping systems directly connected with certification needs if requested by the applicant.

(4) Fee schedule:

(a) Tree cones and seed -


Certification Classes Field

Inspection

Audit Fee Due
Tested and Selected $((24.79)) 25.60/hr. $((24.79)) 25.60/hr. When billed
Source Identified Classes:
Lots 11 bu. and more $((0.82)) 0.84/bu. $((24.79)) 25.60/hr.
Lots 6-10 bu. $((19.95)) 20.60/lot $((24.79)) 25.60/hr.
Lots 0-5 bu. $((12.07)) 12.46/lot $((24.79)) 25.60/hr.
Audit None $((24.79)) 25.60/hr. When billed

(b) Tree certification - $((24.79)) 25.60/hr.

Seedling certification - experience has shown that seedling certification normally requires a minimum of five nursery visits totalling approximately thirty-two hours. Plantation certification procedures shall be billed at the hourly rate.

(c) Other services including education to comply with the standards, development of record system, verification of source of pollen, cuttings, audit of forest reproductive material not offered for certification by applicant or other services requested, etc. at $((24.79)) 25.60/hr. payable when billed.

(d) OECD certification (certificates of provenance) - $((0.58)) 0.59 per certificate plus the hourly audit rate. (Auditors shall issue certificates.)

[Statutory Authority: RCW 15.49.995, 15.49.310, 15.49.370(3), and chapter 34.05 RCW. 02-05-081, 16-319-041, filed 2/20/02, effective 3/23/02. Statutory Authority: RCW 15.49.370(3). 99-24-043, 16-319-041, filed 11/24/99, effective 12/25/99; 98-12-031, 16-319-041, filed 5/28/98, effective 6/28/98; 96-11-044 (Order 5097), 16-319-041, filed 5/8/96, effective 6/8/96. Statutory Authority: Chapter 15.49 RCW. 87-12-006 (Order 1930), 16-319-041, filed 5/22/87; 84-13-079 (Order 1834), 16-319-041, filed 6/21/84; 80-10-001 (Order 1704), 16-319-041, filed 7/24/80; 79-05-070 (Order 1625), 16-319-041, filed 4/30/79; Order 1506, 16-319-041, filed 4/11/77; Order 1369, 16-319-041, filed 6/12/74; Order 1189, 16-319-041, filed 4/16/71; Order 1151, 16-319-041, filed 4/16/70.]

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