WSR 07-12-052

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed June 1, 2007, 11:18 a.m. ]

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): Washington State Department of Health, Town Center 2, Room 158, 111 Israel Road, Tumwater, WA 98501, on July 19, 2007, at 11:00 a.m.

Date of Intended Adoption: August 20, 2007.

Submit Written Comments to: Jan Jacobs, e-mail jan.jacobs@doh.wa.gov, Office of Shellfish and Water Protection, P.O. Box 47824, Olympia, WA 98502-7824, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2257, by July 18, 2007.

Assistance for Persons with Disabilities: Contact Jan Jacobs by July 2, 2007, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule will equitably assess the costs associated with commercial geoduck PSP testing. This testing is essential to public health as it is the only means available to determine if dangerous levels of PSP exist in commercial geoduck, and ensures toxic shellfish do not reach consumers. This fee will cover commercial geoduck PSP testing costs.

Reasons Supporting Proposal: Geoduck PSP fees are based on the total cost of service, the number of tests done for each entity, and the total number of tests performed in the prior year. The current geoduck PSP fees listed in WAC are based on 2005 data, i.e., the entities that submitted geoduck tests in 2005 and the total number of tests performed. This proposed revision seeks to redistribute the geoduck PSP fees based on 2006 data. It also allows the inclusion of companies that submitted samples in 2006 but not in 2005, and removes companies that submitted samples in 2005 but not in 2006.

Statutory Authority for Adoption: RCW 43.70.250.

Statute Being Implemented: RCW 43.70.250.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The revision is revenue neutral, but does increase fees for some commercial shellfish operators over I-601 (fiscal growth factor) limits. Authority to exceed I-601 limits was established in appropriations bill SHB 1128 passed in the 2007 legislative session.

Name of Proponent: Washington state department of health, office of shellfish and water protection, governmental.

Name of Agency Personnel Responsible for Drafting: Jan Jacobs, 111 Israel Road S.E., Tumwater, WA, (360) 236-3316; Implementation and Enforcement: Maryanne Guichard, 111 Israel Road S.E., Tumwater, WA, (360) 236-3391.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), rules that set or adjust fees pursuant to legislative standards are exempt from the requirement to prepare a small business [economic] impact statement. 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 43.70.250 to set fees so that the cost of a business license program is fully borne by members of that business. During the 2007 legislative session, the legislature authorized the department to increase fees beyond the fiscal growth factor under SHB 1128, Laws of 2007.

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b)(vi), rules that set or adjust fees pursuant to legislative standards are exempt from the requirement to prepare a cost-benefit analysis.

June 1, 2007

M. C. Selecky

Secretary of Health

OTS-9709.1


AMENDATORY SECTION(Amending WSR 06-15-131, filed 7/19/06, effective 8/19/06)

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 $10.30.

(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 geoduck are as follows:


Harvester Fee
Department of natural resources (quota tracts harvested by DNR contract holders) $((10,132)) 13,201
Jamestown S'Klallam Tribe $((4,193)) 3,030
Lower Elwah Klallam Tribe $((5,241)) 7,358
Lummi Nation $216
Nisqually Indian Tribe $((3,494)) 3,463
Port Gamble S'Klallam Tribe $((6,639)) 4,978
Puyallup Tribe of Indians $((5,940)) 5,194
Skokomish Indian Tribe $((524)) 0
Squaxin Island Tribe $((5,416)) 6,276
Suquamish Tribe $((11,880)) 10,604
Swinomish Tribe $((873)) 1,299
Tulalip Tribe $((2,620)) 1,299
Discovery Bay Shellfish $((1,048)) 1,082

(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. 06-15-131, 246-282-990, filed 7/19/06, effective 8/19/06; 05-17-120, 246-282-990, filed 8/17/05, effective 9/17/05; 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.]

Washington State Code Reviser's Office