WSR 15-11-053
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed May 15, 2015, 12:29 p.m., effective June 15, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 246-282-990, the purpose of the rule is to equitably assess the costs of commercial geoduck paralytic shellfish poison (PSP) testing. The cost assessment follows the annual redistribution formula and is based on the 2014 cost of service. 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.
Citation of Existing Rules Affected by this Order: Amending WAC 246-282-990.
Statutory Authority for Adoption: RCW 43.70.250.
Adopted under notice filed as WSR 15-07-025 on March 10, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: May 15, 2015.
Dennis E. Worsham
Deputy Secretary
for John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 14-12-082, filed 6/3/14, effective 7/4/14)
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)
$((9,140))
10,670
Discovery Bay Shellfish
$((2,226))
1,135
Jamestown S'Klallam Tribe
$((2,226))
1,589
Lower Elwha Klallam Tribe
$((3,515))
2,384
Lummi Nation
$((703))
227
Nisqually Tribe
$((2,461))
5,902
Port Gamble S'Klallam Tribe
$((3,749))
1,362
Puyallup Tribe of Indians
$((9,257))
8,286
Skokomish Indian Tribe
$114
Squaxin Island Tribe
$((2,109))
3,292
Suquamish Tribe
$((14,178))
15,093
Swinomish Tribe
$((820))
1,022
((Taylor Shellfish
$234))
Tulalip Tribe
$((7,382))
6,924
(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.