PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 246-282-990 Sanitary control of shellfish -- Fees.
Hearing Location(s): Department of Health, Point Plaza East, 101 Israel Road, Rooms 152 and 153, Tumwater, WA, on August 9, 2005, at 11:00 a.m.
Date of Intended Adoption: August 12, 2005.
Submit Written Comments to: Office of Food Safety and Shellfish, Attn: Jan Jacobs, P.O. Box 47824, Olympia, WA 95804 [98504]-7824, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2257, by August 5, 2005.
Assistance for Persons with Disabilities: Contact Jan Jacobs by July 26, 2005, TTY (800) 833-6388.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule restructures the commercial shellfish operations fee schedule, which was originally implemented August 16, 2002, under the 2002 supplemental operating budget, section 220, chapter 371, Laws of 2002. The fees within the schedule are paid by commercial shellfish operations for paralytic shellfish poison (PSP) testing of commercially harvested shellfish. Both the geoduck PSP fees and intertidal PSP fees are set for the purpose of recovering 100% of the cost of PSP testing performed at the Washington State Public Health Lab in Seattle. The lab requires $126,000 per year to cover the costs of commercial PSP testing. The proposed rule has two elements: (1) It reinstates fees to the revenue target level of $126,000 that was originally implemented in 2002, and (2) it realigns geoduck PSP fees to reflect each operations use of PSP testing for the previous year. The proposed rule will increase fees over the 2006 fiscal growth factor for some operators. During the 2005 legislative session, the legislature authorized the department to increase fees beyond the fiscal growth factor in ESSB 6090 (chapter 518, Laws of 2005).
Reasons Supporting Proposal: The proposed fees provide the revenue necessary for DOH to conduct testing for PSP in commercial shellfish. This testing is essential to public health as it is the only means available to determine if dangerous levels of PSP exist in commercial shellfish and ensures toxic shellfish do not reach consumers.
Statutory Authority for Adoption: RCW 43.70.250.
Statute Being Implemented: RCW 43.70.250, chapter 518, Laws of 2005.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington State Department of Health, governmental.
Name of Agency Personnel Responsible for Drafting: Jan Jacobs, 111 Israel Road S.E., Tumwater, WA, (360) 236-3316; Implementation and Enforcement: Nancy Napolilli, 111 Israel Road S.E., Tumwater, WA, (360) 236-3325.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), a small business economic impact statement is not required for rules that set or adjust fees pursuant to legislative standards. This rule proposes to revise a fee necessary to defray the costs of administering the commercial shellfish license program. The department is directed under RCW 43.27.250 to set fees so that the cost of a business license program is fully borne by members of that business. During the 2005 legislative session, the legislature authorized the department to increase fees beyond the fiscal growth factor under chapter 518, Laws of 2005.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi), "significant rule analysis" does not apply to rules that set or adjust fees pursuant to legislative standards, as this proposal does.
July 5, 2005
B. White
for Mary C. Selecky
Secretary
OTS-8172.1
AMENDATORY SECTION(Amending WSR 04-15-154, filed 7/21/04,
effective 8/21/04)
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 | $(( |
|
| Harvester | 3 or more | $(( |
|
| Shellstock Shipper | ≤ 2 | $(( |
|
| 0 - 49 acres | |||
| Shellstock Shipper | 3 or more | $(( |
|
| 0 - 49 acres | |||
| Shellstock Shipper | N/A | $(( |
|
| 50 or greater acres | |||
| Shucker-Packer | ≤ 2 | $(( |
|
| (plants < 2000 ft2) | |||
| Shucker-Packer | 3 or more | $(( |
|
| (plants < 2000 ft2) | |||
| Shucker-Packer | ≤ 2 | $(( |
|
| (plants 2000-5000 ft2) | |||
| Shucker-Packer | 3 or more | $(( |
|
| (plants 2000-5000 ft2) | |||
| Shucker-Packer | N/A | $(( |
|
| (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 geoduck are as follows:
| Harvester | Fee |
| Department of natural resources (quota tracts harvested by DNR contract holders) | $(( |
| Jamestown S'Klallam Tribe | $(( |
| Lower Elwah Klallam Tribe | $(( |
| Lummi Nation | $(( |
| Nisqually Indian Tribe | $(( |
| Port Gamble S'Klallam Tribe | $(( |
| Puyallup Tribe of Indians | $(( |
| Skokomish Indian Tribe | $(( |
| Squaxin Island Tribe | $(( |
| Suquamish Tribe | $(( |
| Swinomish Tribe | $(( |
| Tulalip Tribe | $(( |
| Discovery Bay Shellfish | $(( |
| Seattle Shellfish | $(( |
| Taylor Shellfish Company, Inc. (Shelton) | $(( |
| Washington Shell Fish, Inc. | $(( |
(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. 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.]