WSR 20-07-122
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed March 18, 2020, 11:20 a.m.]
Continuance of WSR 20-05-057.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-282-990(4), sanitary control of shellfish fees, annual paralytic shellfish poisoning (PSP) testing fee redistribution.
Hearing Location(s): On August 4, 2020, at 1:00 p.m., at the Department of Health (DOH), Town Center 3, Room 224, 243 Israel Road S.E., Tumwater, WA 98501.
Date of Intended Adoption: August 11, 2020.
Submit Written Comments to: Peter Beaton, Washington State Department of Health, Division of Environmental Health, P.O. Box 47820, Olympia, WA 98504-7820, email https://fortress.wa.gov/doh/policyreview, by August 4, 2020.
Assistance for Persons with Disabilities: Contact Lisette Anson, phone 360-236-3301, TTY 711, email lisette.anson@doh.wa.gov, by July 28, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DOH is delaying this public hearing due to concerns with the COVID-19 outbreak.
Statutory Authority for Adoption: RCW 43.70.250, 43.20B.020.
Statute Being Implemented: RCW 43.70.250, 43.20B.020.
March 18, 2020
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION(Amending WSR 19-10-026, filed 4/23/19, effective 5/24/19)
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
$((11,268))10,584
Jamestown S'Klallam Tribe
WA-0588-SS
$((1,662))2,964
Lower Elwha Klallam Tribe
WA-0587-HA
$((2,217))3,810
Lummi Indian Business Council
WA-0098-SS
$((185))635
Port Gamble S'Klallam Tribe
WA-0859-HA
$((3,140))2,540
Puyallup Tribe of Indians
WA-1137-HA
$((10,898))9,949
Skokomish Indian Tribe
WA-0577-HA
$1,270
Suquamish Tribe
WA-0694-SS
$((20,318))13,971
Swinomish Indian Tribal Community
WA-1420-SS
$((1,108))423
Taylor Shellfish Company, Inc.
WA-0046-SP
$7,409
The Tulalip Tribes
WA-0997-HA
$((3,510))4,445
((Taylor Shellfish Company, Inc.
WA-0046-SP
$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.