Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Agriculture & Natural Resources Committee
HB 2737
Brief Description: Concerning commercial shellfish fees.
Sponsors: Representatives Bernbaum, Couture and Griffey.
Brief Summary of Bill
  • Establishes fee maximums for annual commercial shellfish operation, biotoxin testing, and export certificate fees.
  • Exempts the Department of Health's shellfish regulatory program from the requirement to be fully fee-supported.
  • Makes the fee maximums retroactive to February 1, 2026, and contains an emergency clause.
Hearing Date: 2/18/26
Staff: Rebecca Lewis (786-7339).
Background:

State law requires the Department of Health (DOH) to recover its full fee-eligible costs for licensing programs.  In 2023, the DOH initiated rulemaking to increase fees in the shellfish regulatory program.  In 2024, the Legislature passed a proviso that paused the DOH's rulemaking process to increase fees in the shellfish regulatory program and required the DOH to contract with an independent consultant to review the program.  The resulting Greene Report was published in 2025.

 

In July 2025, the DOH conducted new rulemaking and adopted new and increased fees that took effect on February 1, 2026.  Under this rulemaking, a second round of fee increases will occur in year two, after July 1, 2026.  The following table compares the licensing fees and biotoxin fees that were in effect in fiscal year 2025 with both the current and fully phased-in fees.

 

 

Licensing Fees

 

Biotoxin Fees

Operation

FY 2025

Adopted -

Effective Feb. 1, 2026

 

Adopted - FY 2027

FY 2025

Adopted - Effective Feb. 1, 2026

Adopted - FY 2027

Harvester, 2 harvest sites or less

$263

$876

$1,489

$353

$353

$710

Harvester, 3 sites or more

$263

$916

$1,569

$535

$535

$1,076

Shellstock Shipper (SS) 0-49 acres, 2 sites or less

$297

$1,954

$3,611

$393

$393

$790

SS 0-49 acres, 3 sites or more

$297

$2,100

$3,902

$610

$610

$1,226

SS 50 acres or more

$476

$2,188

$2,900

$961

$961

$1,933

SS Wholesaler

$297

$1,955

$3,613

$198

$198

$790

Shucker Packer (SP) <2000 sq ft plant, 2 sites or less

$542

$4,398

$8,252

$752

$752

$1,512

SP <2000 sq ft plant, 3 sites or more

$542

$4,816

$9,090

$1,076

$1,076

$2,164

SP 2000-5000 sq ft plant, 2 sites or less

$656

$5,512

$10,368

$882

$882

$1,773

SP 2000-5000 sq ft plant, 3 sites or more

$656

$5,405

$10,154

$1,297

$1,297

$2,607

SP >5000 sq ft plant

$1,210

$5,105

$9,000

$2,412

$2,412

$4,848

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following table compares the use fees that were in effect in fiscal year 2025 with both the current and fully phased-in fees.

 

 

FY 2025

Adopted - Effective Feb. 1, 2026

Adopted - FY 2027

Export Certificate

$55

$159

$159

PSP Geoduck Testing

Varies by harvester

$188

$297

Non-Compliance (Virtual)

None

$64

$64

Non-Compliance (In-Person)

None

$291

$291

New/Expired License Inspection

None

$323

$323

 

On December 31, 2025, the DOH initiated new rulemaking to explore alternative shellfish fee structures to minimize impacts on small businesses.

Summary of Bill:

The shellfish regulatory program is exempted from the statutory requirement that the Department of Health (DOH) licensing programs must be fully fee-supported.  Annual shellfish operation license fees and biotoxin testing fees for companies harvesting species other than geoduck intertidally may not exceed the following amounts:

 

 Operation

HB 2737 - License Fee Maximums

HB 2737 - Biotoxin Fee Maximums

Harvester, 2 harvest sites or less

$416

$484

Harvester, 3 sites or more

$416

$733

Shellstock Shipper (SS) 0-49 acres, 2 sites or less

$469

$538

SS 0-49 acres, 3 sites or more

$469

$836

SS 50 acres or more

$752

$1,317

SS Wholesaler

$469

$271

Shucker Packer (SP) <2000 sq ft plant, 2 sites or less

$856

$1,030

SP <2000 sq ft plant, 3 sites or more

$856

$1,474

SP 2000-5000 sq ft plant, 2 sites or less

$1,036

$1,208

SP 2000-5000 sq ft plant, 3 sites or more

$1,036

$1,777

SP >5000 sq ft plant

$1,912

$3,304

 

The fee for an export certificate may not exceed $75.  The fee maximums apply retroactively to all shellfish fees and surcharges established on or after February 1, 2026.

 

Definitions are provided for "export certificate," "harvester," "harvest site," "shellstock shipper," and "shucker-packer," that are consistent with how the terms are defined in rule.  "Wholesale shellstock shipper" means dealers who perform no harvesting, have no harvest sites, and are limited to purchasing and reshipping shellfish.

Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill contains an emergency clause and takes effect immediately.