WSR 21-11-080
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed May 18, 2021, 9:31 a.m., effective June 18, 2021]
Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 246-282-990(4), sanitary control of shellfish—Fees, 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.
Adopted under notice filed as WSR 21-07-027 on March 8, 2021.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: May 13, 2021.
Lauren Jenks
Assistant Secretary
OTS-2918.1
AMENDATORY SECTION(Amending WSR 20-22-001, filed 10/21/20, effective 11/21/20)
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 |
Chuckanut Shellfish, Inc. | WA-1350-HA | $626 |
Department of Natural Resources | NA | (($10,584)) $11,266 |
Jamestown S'Klallam Tribe | WA-0588-SS | (($2,964)) $4,590 |
Lower Elwha Klallam Tribe | WA-0587-HA | (($3,810)) $6,468 |
Lummi Indian Business Council | WA-0098-SS | (($635)) $209 |
Nisqually Indian Tribe | WA-1268-HA | $209 |
Port Gamble S'Klallam Tribe | WA-0859-HA | (($2,540)) $2,295 |
Puyallup Tribe of Indians | WA-1137-HA | (($9,949)) $7,302 |
Seaproducts, Inc. | WA-1416-SS | $417 |
Skokomish Indian Tribe | WA-0577-HA | (($1,270)) $1,878 |
Suquamish Tribe | WA-0694-SS | (($13,971)) $7,719 |
Swinomish Indian Tribal Community | WA-1420-SS | (($423)) $1,043 |
Taylor Shellfish Company, Inc. | WA-0046-SP | (($7,409)) $6,468 |
The Tulalip Tribes | WA-0997-HA | (($4,445)) $7,511 |
(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.