WSR 03-18-093

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed September 2, 2003, 11:39 a.m. ]

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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


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

(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)
(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))) are as follows:


Harvester Fee
Department of natural resources (((leased)) quota tracts harvested by ((nontribal licensees)) DNR contract holders) $((17,178)) 9,987
Jamestown S'Klallam Tribe $((3,135)) 10,442
Lower Elwah Klallam Tribe $((3,423))

1,249

Lummi Nation $454
Nisqually Indian Tribe $((4,316))

2,497

Port Gamble S'Klallam Tribe $((5,312))

5,675

Puyallup Tribe of Indians $((3,862))

3,859

((Skagit System Cooperative $555))
Skokomish Indian Tribe $((2,490))

908

Squaxin Island Tribe $((5,153))

4,994

Suquamish Tribe $((11,595)) 7,832
Swinomish Tribe $568
Tulalip Tribe $((981))

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

(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.]

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.

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