WSR 08-09-081

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed April 16, 2008, 7:25 p.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): Department of Health, Town Center 2, Room 158, 111 Israel Road S.E., Tumwater, WA 98501, on May 28, 2008, at 10:00 a.m.

Date of Intended Adoption: May 28, 2008.

Submit Written Comments to: Jan Jacobs, Department of Health, Shellfish and Water Protection, P.O. Box 47824, Olympia, WA 98504-7824, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2257, by May 28, 2008.

Assistance for Persons with Disabilities: Contact Jan Jacobs by May 21, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule will increase fees for shellfish licensees by the fiscal growth factor of 5.53%. Shellfish license fees were last increased in 2001 by the fiscal growth factor for that year. This proposed rule will also 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. The 5.53% fee increase does not apply to geoduck PSP cost redistribution.

Reasons Supporting Proposal: The department of health is required under RCW 43.70.250 to charge fees at a level sufficient to defray the cost of administering the program. The proposed fees will help offset the effects of inflation. It will also redistribute geoduck PSP fees based on the 2007 total cost of service for the entities that submitted geoduck tests and the number of tests done for each entity. The 5.53% fee increase does not apply to geoduck PSP cost redistribution. This proposed fee increase is authorized under SHB 2687 consistent with the requirements of Initiative 960.

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.

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 and 34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates 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 43.70.250 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. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.

April 16, 2008

Mary C. Selecky

Secretary

OTS-1411.2


AMENDATORY SECTION(Amending WSR 07-17-159, filed 8/21/07, effective 9/21/07)

WAC 246-282-990   Fees.   (1) Annual shellfish operation license fees are:


Type of Operation Annual Fee
Harvester $((250)) 263
Shellstock Shipper
0 - 49 Acres $((282)) 297
50 or greater Acres $((452)) 476
Scallop Shellstock Shipper $((282))

297

Shucker-Packer
Plants with floor space < 2000 sq. ft. $((514)) 542

Plants with floor space 2000 sq. ft. to 5000 sq. ft. $((622)) 656
Plants with floor space > 5000 sq. ft. $((1,147)) 1,210

(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) $((13,201)) 12,094
Jamestown S'Klallam Tribe $((3,030)) 4,682
Lower Elwah Klallam Tribe $((7,358)) 2,991
Lummi Nation $((216)) 390
Nisqually Indian Tribe $((3,463)) 3,121
Port Gamble S'Klallam Tribe $((4,978)) 3,121
Puyallup Tribe of Indians $((5,194)) 8,453
Skokomish Indian Tribe $((0)) 260
Squaxin Island Tribe $((6,276)) 4,151
Suquamish Tribe $((10,604)) 13,665
Swinomish Tribe $((1,299)) 390
Tulalip Tribe $((1,299)) 4,552
Discovery Bay Shellfish $((1,082)) 130

(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. 07-17-159, 246-282-990, filed 8/21/07, effective 9/21/07; 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