WSR 13-06-016

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed February 25, 2013, 4:11 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-282-900(5), Sanitary control of shellfish -- Fees -- Commercial geoduck paralytic shellfish poisoning (PSP) testing.

Hearing Location(s): Department of Health, Town Center 3, Room 252, 243 Israel Road S.E., Tumwater, WA 98501, on April 15, 2013, at 10:00 a.m.

Date of Intended Adoption: May 1, 2013.

Submit Written Comments to: Brandy Brush, Department of Health, Office of Shellfish and Water Protection, 243 Israel Road S.E., Tumwater, WA 98501, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2257, by April 15, 2013.

Assistance for Persons with Disabilities: Contact Brandy Brush by April 11, 2013, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to equitably assess the costs of commercial geoduck PSP testing. The cost assessment will follow the annual redistribution formula which is based on the number of tests done in the previous year. The testing is essential to public health as it is the only way to determine if dangerous levels of PSP exist in commercial geoduck, and ensure toxic shellfish do not reach consumers.

Reasons Supporting Proposal: The proposed geoduck PSP fee redistribution is based on the 2012 total cost of service for the entities that submitted geoduck tests and the number of tests done for each entity. The annual redistribution of the fees assesses each entity their proportionate amount of the total fee based on the number of tests they submitted. The regulated community is aware of, participates in, and supports this annual change.

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: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Brandy Brush, 243 Israel Road S.E. Tumwater, WA 98501, (360) 236-3342; Implementation and Enforcement: Rick Porso, 243 Israel Road S.E. Tumwater, WA 98501, (360) 236-3302.

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.

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.

February 25, 2013

Mary C. Selecky

Secretary

OTS-5296.1


AMENDATORY SECTION(Amending WSR 12-14-073, filed 7/2/12, effective 8/2/12)

WAC 246-282-990   Fees.   (1) The required annual shellfish operation license fees for shellstock shippers and shucker-packers due October 1, 2011, shall be reduced by twenty-five percent of the annual shellfish operation license fees in subsection (2) of this section. Beginning July 1, 2012, and for every subsequent year, the full annual shellfish operation license fees in subsection (2) of this section shall be assessed.

(2) Annual shellfish operation license fees are:


Type of Operation Annual Fee
Harvester $263
Shellstock Shipper
0 - 49 Acres $297
50 or greater Acres $476
Scallop Shellstock Shipper $297
Shucker-Packer
Plants with floor space < 2000 sq. ft. $542

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

(3) The fee for each export certificate is $20.00.

(4) 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.

(5) Annual PSP testing fees for companies harvesting geoduck are as follows:


Harvester Fee
Department of natural resources (quota tracts harvested by DNR contract holders) $((9,433)) 8,310
Discovery Bay Shellfish $((401))

166

Jamestown S'Klallam Tribe $((3,412)) 3,158
Lower Elwha Klallam Tribe $((4,817)) 2,991
Nisqually Tribe $5,318
Port Gamble S'Klallam Tribe $((7,626)) 4,653
Puyallup Tribe of Indians $((6,221)) 10,470
((Seattle Shellfish $201))
Skokomish Indian Tribe $665
Squaxin Island Tribe $((1,605)) 997
Suquamish Tribe $((17,261)) 11,135
Swinomish Tribe $((1,003)) 332
Taylor Shellfish $((602))

166

Tulalip Tribe $((5,418)) 9,639

(6) PSP fees must be paid in full to department of health before a commercial shellfish license is issued or renewed.

(7) 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. 12-14-073, 246-282-990, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 69.30.030 and 43.20.030. 11-19-011, 246-282-990, filed 9/7/11, effective 10/8/11. Statutory Authority: RCW 43.70.250. 10-19-034, 246-282-990, filed 9/9/10, effective 10/10/10; 09-19-067, 246-282-990, filed 9/14/09, effective 10/15/09; 08-13-067, 246-282-990, filed 6/13/08, effective 7/14/08; 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.]