WSR 19-10-026
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed April 23, 2019, 12:34 p.m., effective May 24, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 246-282-990(4), Sanitary control of shellfishFees, annual paralytic shellfish poisoning (PSP) testing fee redistribution. The adopted rule equitably assesses the cost of PSP testing by following the annual redistribution formula, which is based on the number of PSP tests done in the previous year. PSP testing is essential to public health as it is the only means available to determine if dangerous levels of PSP exist in commercial geoduck so that toxic shellfish do not reach consumers.
Citation of Rules Affected by this Order: Amending WAC 246-282-990.
Statutory Authority for Adoption: RCW 43.70.250.
Other Authority: RCW 69.30.050.
Adopted under notice filed as WSR 19-06-010 on February 22, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: April 23, 2019.
Clark Halvorson
Assistant Secretary
AMENDATORY SECTION(Amending WSR 18-09-067, filed 4/16/18, effective 5/17/18)
WAC 246-282-990Fees.
(1) 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
(2) The fee for each export certificate is $55.00.
(3) Annual biotoxin 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
 
$353
Harvester
3 or more
 
$535
Shellstock Shipper
 
 
$198
 
Wholesale
 
Company
 
 
 
Shellstock Shipper
≤ 2
 
$393
 
0 - 49 acres
Shellstock Shipper
3 or more
 
$610
 
0 - 49 acres
Shellstock Shipper
N/A
 
$961
 
50 or greater acres
Shucker-Packer
≤ 2
 
$752
 
(plants < 2000 ft2)
Shucker-Packer
3 or more
 
$1,076
 
(plants < 2000 ft2)
Shucker-Packer
≤ 2
 
$882
 
(plants 2000 - 5000 ft2)
Shucker-Packer
3 or more
 
$1,297
 
(plants 2000 - 5000 ft2)
Shucker-Packer
N/A
 
$2,412
 
(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 1st of each year for companies licensed as harvesters; or
(iii) July 1st 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
Cert #
Fee
Department of Natural Resources
NA
$((11,725))
11,268
Jamestown S'Klallam Tribe
WA-0588-SS
$((2,189))
1,662
Lower Elwha Klallam Tribe
WA-0587-HA
$((2,970))
2,217
Lummi Indian Business Council
WA-0098-SS
$((313))
185
((Nisqually Indian Tribe
WA-1268-HA
$313))
Port Gamble S'Klallam Tribe
WA-0859-HA
$((2,658))
3,140
Puyallup Tribe of Indians
WA-1137-HA
$((9,693))
10,898
((Skokomish Indian Tribe
WA-0577-HA
$156
Squaxin Island Tribe
WA-0737-HA
$156))
Suquamish Tribe
WA-0694-SS
$((18,135))
20,318
Swinomish Indian Tribal Community
WA-1420-SS
$1,108
The Tulalip Tribes
WA-0997-HA
$((4,846))
3,510
Taylor Shellfish Company, Inc.
WA-0046-SP
$((4,846))
3,694
(5) Fees must be paid in full to department of health before a commercial shellfish license is issued or renewed.
(6) Refunds for 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.