Date of Adoption: May 29, 2002.

     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.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-695-070.

     Statutory Authority for Adoption: Chapter 15.19 RCW.

      Adopted under notice filed as WSR 02-07-122 on March 20, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: These fee increases are within the appropriate fiscal growth factor.
     Effective Date of Rule: Thirty-one days after filing.

May 29, 2002

William E. Brookreson

Acting 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.]

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