PERMANENT RULES
Date of Adoption: September 2, 2003.
Purpose: The proposed rule restructures a fee schedule, implemented August 16, 2002, pursuant to the 2002 Supplemental Operating Budget, Section 220, chapter 371, Laws of 2002, that is assessed to commercial shellfish operations to pay for PSP testing of commercially harvested geoduck. The proposed rule realigns fee assessment in relationship to the number of geoduck PSP tests performed for each entity in 2002. Although the restructure will result in revenue neutral fees, the new schedule will increase some fees over the I-601 limit while reducing others. Authority to exceed the I-601 limit was approved by the legislature for fiscal year 2004.
Citation of Existing Rules Affected by this Order: Amending WAC 246-282-990.
Statutory Authority for Adoption: RCW 43.70.250.
Adopted under notice filed as WSR 03-14-145 on July 2, 2003.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
September 2, 2003
Mary C. Selecky
Secretary
OTS-6485.3
AMENDATORY SECTION(Amending WSR 02-15-094 [03-14-037], filed
7/16/02 [6/23/03], effective 8/16/02 [7/24/03])
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. |
|||
(3) 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.
(4) Annual PSP testing fees for companies harvesting
((subtidal)) geoduck (((below extreme low tide))) are as
follows:
| Harvester | Fee | |
| Department of natural resources
((( |
$(( |
|
| Jamestown S'Klallam Tribe | $(( |
|
| Lower Elwah Klallam Tribe | $(( 1,249 |
|
| Lummi Nation | $454 | |
| Nisqually Indian Tribe | $(( 2,497 |
|
| Port Gamble S'Klallam Tribe | $(( 5,675 |
|
| Puyallup Tribe of Indians | $(( 3,859 |
|
| (( |
||
| Skokomish Indian Tribe | $(( 908 |
|
| Squaxin Island Tribe | $(( 4,994 |
|
| Suquamish Tribe | $(( |
|
| Swinomish Tribe | $568 | |
| Tulalip Tribe | $(( 2,724 |
|
| Chelsea Farms LLC DBA Duc's, Inc. | $227 | |
| Seattle Shellfish | $454 | |
| Taylor Shellfish Company, Inc. (Shelton) | $795 | |
| Washington Shell Fish, Inc. | $5,335 | |
(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.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.