WSR 97-08-025

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed March 26, 1997, 9:46 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 246-282-990 Shellfish program certification fees.

Purpose: The Office of Shellfish Programs of the Department of Health proposes an increase in shellfish certificate fees to address increased program costs.

Other Identifying Information: All proposed increases are at or below the fiscal growth factor for FY 1997, 4.45%.

Statutory Authority for Adoption: RCW 69.30.030 and 43.20B.020.

Summary: The proposed amendment increases the fee for each of the annual shellfish certificates issued by the Department of Health by approximately 4.45%.

Reasons Supporting Proposal: The increase is necessary to continue current levels of program activity.

Name of Agency Personnel Responsible for Drafting: Ned Therien, Airdustrial Center, Building 4, Olympia, (360) 664-4372; Implementation and Enforcement: Jennifer Tebaldi, Airdustrial Center, Building 4, Olympia, (360) 664-3257.

Name of Proponent: Department of Health, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendment will increase annual shellfish certificates in every category, affecting approximately three hundred fifty shellfish operations. Increasing program costs make it necessary to increase fees in order to maintain current program service levels.

Proposal Changes the Following Existing Rules: Proposed annual shellfish certificate fee increases: Shellstock shipper with less than 50 acres - from $250 to $260. Shellstock shipper with 50 or greater acres - from $400 to $415. Shucker packer (plant floor space less than 2,000 sq. ft.) - from $450 to $470. Shucker packer (plant floor space between 2,000 and 5,000 sq. ft.) - from $550 to $570. Shucker packer (plant floor space over 5,000 sq. ft.) - from $1,000 to $1,040.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(2), a small business economic impact statement is not required for rule making under categories listed in RCW 34.05.310(4), including rules that set or adjust fees pursuant to legislative standards. This proposal adjusts fees pursuant to legislative standards and therefore is exempt from the small business economic impact statement requirement.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This rule proposal only increases fees already established in WAC 246-282-990. Section 201, chapter 403, Laws of 1995, does not apply to rules that set or adjust fees.

Hearing Location: Department of Health, Airdustrial Center, Building 4, Conference Room, 7171 Cleanwater Lane, Olympia, WA 98504, on May 8, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Ned Therien by May 1, 1997, TDD (800) 833-6388, or FAX (360) 586-4499.

Submit Written Comments to: Ned Therien, Office of Shellfish Programs, P.O. Box 47824, Olympia, WA 98504-7824, FAX (360) 586-4499, by May 8, 1997.

Date of Intended Adoption: May 15, 1997.

March 25, 1997

Bruce Miyahara

Secretary

AMENDATORY SECTION (Amending WSR 96-16-073, filed 8/6/96, effective 10/1/96)

WAC 246-282-990 Shellfish program certification fees. (1) Annual certificate fees shall be:

Type of Operation Annual Fee

Shellstock Shipper

0 - 49 Acres (($250.)) $260.

50 or greater Acres (($400.)) $415.

Shucker-Packer

Plants with floor space < 2000 sq. ft. (($450.)) $470.

Plants with floor space > 2000 sq. ft.

and < 5000 sq. ft. (($550.)) $570.

Plants with floor space > 5000 sq. ft. (($1,000.)) $1,040.

(2) Type of operations are defined as follows:

(a) "Shellstock shipper" shall mean shippers growing, harvesting, buying, or selling shellstock. Shellstock shippers are not authorized to shuck shellfish or to repack shucked shellfish.

(b) "Shucker-packer" shall mean shippers shucking and packing shellfish. A shucker-packer may act as a shellstock dealer.

(3) "Export certificate" means a certificate issued by the department to a licensed shucker-packer or shellstock shipper for use in the foreign export of a lot or shipment of shellfish. The fee for each export certificate shall be $10.

[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.]