PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule will equitably assess the costs associated with commercial geoduck paralytic shellfish poison (PSP) testing. The cost assessment will follow the annual redistribution formula which is based on the number of tests done in the previous year. 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.
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 07-12-052 on June 1, 2007.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: August 21, 2007.
Mary C. Selecky
Secretary
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 | |||
(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 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 | $216 |
| 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 | $(( |
(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.]