WSR 03-10-043

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed May 1, 2003, 10:20 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 246-282-990 Sanitary control of shellfish -- Fees.

Purpose: The proposed rule increases fees for shellfish export certificates within the 3.29% fiscal growth factor for fiscal year 2003 in order to cover inflationary increases in program costs.

Other Identifying Information: These fees will increase from $10 to $10.30 per export certificate.

Statutory Authority for Adoption: RCW 43.70.250.

Statute Being Implemented: RCW 34.70.250 [43.70.250].

Summary: The Department of Health finds the proposed fee increase necessary to cover the costs of issuing export certificates. This service is done at the request of the affected industry, and is necessary to enable Washington shellfish dealers to ship product to Asian countries. The fee charged for export certificates has remained unchanged since its implementation in 1996.

Reasons Supporting Proposal: The inflationary costs associated with this service can no longer be absorbed by the program. Initial feedback received from exporting companies indicates that this increase could be easily absorbed into business costs.

Name of Agency Personnel Responsible for Drafting: Jan Jacobs, New Market Center, Building 4, Tumwater, (360) 236-3316; Implementation and Enforcement: Jennifer Tebaldi, New Market Center, Building 4, Tumwater, (360) 236-3325.

Name of Proponent: Washington State Department of Health, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Food Safety and Shellfish Programs (FSSP) has issued export certificates to dealers shipping Washington product to Asian countries since 1993. In 1996 a $10.00 fee was implemented for each certificate issued to cover the cost of administering this service. The $10.00 fee has not been changed since that time. However, FSSP can no longer absorb inflationary costs associated with issuing and administering export certificates. This proposed rule revision would raise the fee for an individual export certificate within the 3.29% fiscal growth factor for fiscal year 2003. The fee would increase from $10.00 to $10.30.

Proposal Changes the Following Existing Rules: The proposed rule increases fees for shellfish export certificates within the 3.29% fiscal growth factor for fiscal year 2003.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025, a small business economic impact statement is not required for rules that set or adjust fees pursuant to legislative standards.

RCW 34.05.328 does not apply to this rule adoption. Under RCW 34.05.328 (5)(b)(vi), rules that set or adjust fees pursuant to legislative standards, as this proposal does are exempt from the requirements of RCW 34.05.328.

Hearing Location: Department of Health, Food and Safety Shellfish Programs, 7171 Cleanwater Lane, Building 6, Olympia, WA 98504-7824, on June 11, 2003, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Jan Jacobs by June 4, 2003, TDD (800) 833-6388 or (360) 236-3327.

Submit Written Comments to: Jan Jacobs, Food Safety and Shellfish Programs, P.O. Box 47824, Olympia, WA 98504-7824, fax (360) 236-3327, by June 11, 2003.

Date of Intended Adoption: June 12, 2003.

April 28, 2003

Mary C. Selecky

Secretary

OTS-6289.1


AMENDATORY SECTION(Amending WSR 02-15-094, filed 7/16/02, effective 8/16/02)

WAC 246-282-990   Fees.   (1) Annual shellfish operation license fees are:


Type of Operation Annual Fee
Harvester $250.
Shellstock Shipper
0 - 49 Acres $282.
50 or greater Acres $452.
Scallop Shellstock Shipper $282
Shucker-Packer
Plants with floor space < 2000 sq. ft. $514.

Plants with floor space 2000 sq. ft. to 5000 sq. ft.

$622.

Plants with floor space > 5000 sq. ft. $1,147.

(2) The fee for each export certificate is $((10))10.30.

(3) Annual PSP testing fees for companies harvesting intertidally (between the extremes of high and low tide):

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)

(a) The number of harvest sites will be the total number of harvest sites on the licensed company's harvest site certificate:

(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.

(4) Annual PSP testing fees for companies harvesting subtidal geoduck (below extreme low tide):


Harvester Fee
Department of natural resources (leased tracts harvested by nontribal licensees) $17,178
Jamestown S'Klallam Tribe $3,135
Lower Elwah Klallam Tribe $3,423
Nisqually Indian Tribe $4,316
Port Gamble S'Klallam Tribe $5,312
Puyallup Tribe of Indians $3,862
Skagit System Cooperative $555
Skokomish Indian Tribe $2,490
Squaxin Island Tribe $5,153
Suquamish Tribe $11,595
Tulalip Tribe $981

(5) PSP fees must be paid in full to department of health before a commercial shellfish license is issued or renewed.

(6) 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 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.]

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