WSR 02-15-094

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed July 16, 2002, 3:23 p.m. ]

Date of Adoption: July 11, 2002.

Purpose: The proposed rule creates a fee assessed to commercial shellfish operations to pay for PSP testing of commercial shellfish product. This new fee is necessary to implement the 2002 supplemental operating budget, section 220, chapter 371, Laws of 2002, that transferred Department of Health funding authority for commercial paralytic shellfish poison (PSP) testing from general fund - state to general fund - local.

Citation of Existing Rules Affected by this Order: Amending WAC 246-282-990 Sanitary control of shellfish -- Fees.

Statutory Authority for Adoption: RCW 43.70.250.

Other Authority: Adoption of the proposed fee implements the 2002 supplemental operating budget that switched the funding for commercial PSP testing from the general fund - state account to the general fund - local account.

Adopted under notice filed as WSR 02-12-102 on June 5, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

July 16, 2002

M. C. Selecky

Secretary

OTS-5697.2


AMENDATORY SECTION(Amending WSR 01-14-047, filed 6/29/01, effective 7/30/01)

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


Type of Operation Annual Fee
Harvester $250.
Shellstock Shipper
0 - 49 Acres $282.
50 or greater Acres $452.
Scallop Shellstock Shipper $282
Shucker-Packer
Plants with floor space < 2000 sq. ft. $514.

Plants with floor space 2000 sq. ft. to 5000 sq. ft.

$622.

Plants with floor space > 5000 sq. ft.

$1,147.


(2) The fee for each export certificate is $10.

(3) ((The fee for a harvester shellfish operation license is $125 for the period of time between October 1, 2001, and March 31, 2002. This subsection expires on April 1, 2002.)) Annual PSP testing fees for companies harvesting intertidally (between the extremes of high and low tide):

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 subtidal geoduck (below extreme low tide):


Harvester Fee
Department of natural resources (leased tracts harvested by nontribal licensees) $17,178
Jamestown S'Klallam Tribe $3,135
Lower Elwah Klallam Tribe $3,423
Nisqually Indian Tribe $4,316
Port Gamble S'Klallam Tribe $5,312
Puyallup Tribe of Indians $3,862
Skagit System Cooperative $555
Skokomish Indian Tribe $2,490
Squaxin Island Tribe $5,153
Suquamish Tribe $11,595
Tulalip Tribe $981
(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, 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