WSR 02-07-122

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 20, 2002, 11:56 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-20-099.

Title of Rule: Chapter 16-695 WAC, rules related to ginseng management.

Purpose: These rules regulate the sales and export of domestically cultivated ginseng in compliance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The purpose of this proposal is to increase, within the fiscal growth factor for fiscal year 2002, the fees related to the sale and export of ginseng. This includes a certificate fee and an inspection fee.

Other Identifying Information: There are no additional changes to chapter 16-695 WAC in this proposal.

Statutory Authority for Adoption: Chapter 15.19 RCW.

Statute Being Implemented: Chapter 15.19 RCW.

Summary: This proposal would increase the fees for ginseng management less than 2.79%.

Reasons Supporting Proposal: The plant services program is supported entirely from user fees - nursery license fees and fees for requested services. Increased costs of furnishing services has made a fee increase necessary. This would be the first fee increase in the ginseng management activities of the program since 1997.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA, (360) 902-1984.

Name of Proponent: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: In a number of eastern states, wild ginseng is considered equivalent to an endangered species. Washington state is not within the wild range of the species, and all ginseng grown here is domestically cultivated. In order for state growers to export domestically cultivated ginseng, federal statute mandates that the state must have a ginseng management program in rule. The existing rule regulates the sales and export of domestically cultivated ginseng in compliance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Under this proposal the nursery inspection fee schedule would be applied to ginseng inspections, slightly increasing inspection fees. This would also allow for greater uniformity in fees and greater efficiency in billing. The effect of this proposal will increase the fees for ginseng management by an amount less that the fiscal growth factor of 2.79%.

Proposal Changes the Following Existing Rules: This proposal increases the fees for certificates and inspections by less than the fiscal growth factor of 2.79%.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Analysis shows the proposed increase will not have a significant economic impact on small businesses.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency.

Hearing Location: Natural Resources Building, 1111 Washington Street, 2nd Floor, Conference Room 259, Olympia, WA 98504, on May 22, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jodi Jones by May 16, 2002, TDD (360) 902-1996, or (360) 902-1806.

Submit Written Comments to: Mary Toohey, Assistant Director, P.O. Box 42560, Olympia, WA 98504-2560, e-mail mtoohey@agr.wa.gov, fax (360) 902-2094, by May 22, 2002.

Date of Intended Adoption: May 29, 2002.

March 20, 2002

Mary A. Martin Toohey

Assistant Director

OTS-5533.1


AMENDATORY SECTION(Amending WSR 97-23-059, filed 11/18/97, effective 12/19/97)

WAC 16-695-070   Schedule of fees and charges.   The following schedule for ginseng certification activities shall apply:

(1) Certificate of origin form, each . . . . . . . . . . . . (($25.00)) $25.65

(2) Hourly rate as established in chapter 16-401

WAC(( . . . . . . . . . . . . $28.00))

(3) Overtime rate as established in chapter 16-401

WAC(( . . . . . . . . . . . . $42.00))

(4) Travel time at the appropriate hourly or overtime rate shall be assessed.

(5) Mileage and per diem shall be charged at the rate established by the state office of financial management.

(6) Postage and other miscellaneous costs shall be charged back at actual cost.

(7) Certification activities shall include auditing records of the production, sales and storage of ginseng, and issuing certificates.

[Statutory Authority: Chapter 15.17 RCW. 97-23-059, 16-695-070, filed 11/18/97, effective 12/19/97.]

Washington State Code Reviser's Office