WSR 20-16-114
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed July 31, 2020, 2:15 p.m.]
Continuance of WSR 20-07-122.
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 September 8, 2020, at 3:00 p.m.
In response to the coronavirus disease 2019 (COVID-19) public health emergency, the department of health (DOH) will not provide a physical location for this hearing to promote social distancing and the safety of the citizens of Washington state. A virtual public hearing, without a physical meeting space, will be held instead.
Please register for the public hearing for WAC 246-282-990(4), geoduck PSP testing fee redistribution on September 8, 2020, 3:00 p.m. PDT at https://attendee.gotowebinar.com/register/1398523124051843855.
After registering, you will receive a confirmation email containing information about joining the webinar.
Date of Intended Adoption: September 16, 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 September 8, 2020.
Assistance for Persons with Disabilities: Contact Peter Beaton, phone 360-236-4031, TTY 711, email Peter.Beaton@doh.wa.gov, by September 2, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Due to the coronavirus disease (COVID-19) pandemic DOH will not be holding an in-person hearing at a physical location. The department is changing the hearing date and time and will hold the hearing as a virtual hearing.
July 31, 2020
Lauren Jenks
Assistant 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.