WSR 06-11-165

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed May 24, 2006, 9:11 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-282-990 Sanitary control of shellfish -- Fees.

Hearing Location(s): DOH Town Center 2, 111 Israel Road, Room 158, Tumwater, WA, on July 6, 2006, at 1:00 p.m.

Date of Intended Adoption: July 10, 2006.

Submit Written Comments to: Jan Jacobs, P.O. Box 47824, Olympia, WA 98504-7824, phone (360) 236-3316, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2257, by July 5, 2006.

Assistance for Persons with Disabilities: Contact Jan Jacobs by June 22, 2006, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule restructures the commercial shellfish operations fee schedule for paralytic shellfish poison (PSP) testing of commercially harvested geoduck. PSP fees are set for the purpose of recovering 100% of the cost of PSP testing performed at the State Public Health Lab in Seattle. The restructure is revenue neutral, but will increase fees over the fiscal growth factor for some operators. The 2005 legislature authorized the department to increase fees beyond the fiscal growth factor in ESSB 6090 (section 221(1), chapter 518, Laws of 2005).

Reasons Supporting Proposal: The proposed fees provide the revenue necessary for the department of health to conduct testing for PSP in commercial shellfish. This testing is essential to public health as it is the only means available to determine if dangerous levels of PSP exist in commercial shellfish and ensures toxic shellfish do not reach consumers.

Statutory Authority for Adoption: RCW 43.70.250.

Statute Being Implemented: RCW 43.70.250, chapter 518, Laws of 2006.

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

Name of Proponent: Washington state department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Jan Jacobs, 111 Israel Road S.E., Tumwater, WA, (360) 236-3316; Implementation and Enforcement: Nancy Napolilli, 111 Israel Road S.E., Tumwater, WA, (360) 236-3325.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), a small business economic impact statement is not required for rules that set or adjust fees pursuant to legislative standards. This rule proposes to revise a fee necessary to defray the costs of administering the commercial shellfish license program. The department is directed under RCW 43.70.250 to set fees so that the cost of a business license program is fully borne by members of that business. During the 2006 legislative session, the legislature authorized the department to increase fees beyond the fiscal growth factor under chapter 518, Laws of 2006.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi), "significant rule analysis" does not apply to rules that set or adjust fees pursuant to legislative standards, as this proposal does.

May 19, 2006

Mary C. Selecky

Secretary

OTS-8808.1


AMENDATORY SECTION(Amending WSR 05-17-120, filed 8/17/05, effective 9/17/05)

WAC 246-282-990   Fees.   (1) Annual shellfish operation license fees are:


Type of Operation Annual Fee
Harvester $250((.))
Shellstock Shipper
0 - 49 Acres $282((.))
50 or greater Acres $452((.))
Scallop Shellstock Shipper $282
Shucker-Packer
Plants with floor space < 2000 sq. ft. $514((.))

Plants with floor space 2000 sq. ft. to 5000 sq. ft. $622((.))
Plants with floor space > 5000 sq. ft. $1,147((.))

(2) The fee for each export certificate is $10.30.

(3) Annual PSP 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 $173
Harvester 3 or more $259
Shellstock Shipper ≤ 2 $195
0 - 49 acres
Shellstock Shipper 3 or more $292
0 - 49 acres
Shellstock Shipper N/A $468
50 or greater acres
Shucker-Packer ≤ 2 $354
(plants < 2000 ft2)
Shucker-Packer 3 or more $533
(plants < 2000 ft2)
Shucker-Packer ≤ 2 $429
(plants 2000 - 5000 ft2)
Shucker-Packer 3 or more $644
(plants 2000 - 5000 ft2)
Shucker-Packer N/A $1,189
(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 1 of each year for companies licensed as harvesters; or

(iii) July 1 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 Fee
Department of natural resources (quota tracts harvested by DNR contract holders) $((13,216)) 10,132
Jamestown S'Klallam Tribe $((3,377)) 4,193
Lower Elwah Klallam Tribe $((5,139)) 5,241
((Lummi Nation $0))
Nisqually Indian Tribe $((1,762)) 3,494
Port Gamble S'Klallam Tribe $((11,306)) 6,639
Puyallup Tribe of Indians $((4,992)) 5,940
Skokomish Indian Tribe $((441)) 524
Squaxin Island Tribe $((5,286)) 5,416
Suquamish Tribe $((8,663)) 11,880
Swinomish Tribe $((294)) 873
Tulalip Tribe $((1,615)) 2,620
Discovery Bay Shellfish $((1,175)) 1,048
((Seattle Shellfish $734
Taylor Shellfish Company, Inc. (Shelton) $0
Washington Shell Fish, Inc. $0))

(5) PSP fees must be paid in full to department of health before a commercial shellfish license is issued or renewed.

(6) Refunds for PSP 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.

[Statutory Authority: RCW 43.70.250. 05-17-120, 246-282-990, filed 8/17/05, effective 9/17/05; 04-15-154, 246-282-990, filed 7/21/04, effective 8/21/04; 03-18-093, 246-282-990, filed 9/2/03, effective 10/3/03. Statutory Authority: RCW 43.70.250 and 34.70.250 [43.70.250]. 03-14-037, 246-282-990, filed 6/23/03, effective 7/24/03. Statutory Authority: RCW 43.70.250 and the 2002 supplemental operating budget. 02-15-094, 246-282-990, filed 7/16/02, effective 8/16/02. Statutory Authority: RCW 43.70.250, 70.90.150, and 43.20B.250. 01-14-047, 246-282-990, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 69.30.030 and 43.20.030. 01-04-054, 246-282-990, filed 2/5/01, effective 3/8/01. Statutory Authority: RCW 43.70.250. 00-02-016, 246-282-990, filed 12/27/99, effective 1/27/00; 99-12-022, 246-282-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.20B.020 and 69.30.030. 98-12-068, 246-282-990, filed 6/1/98, effective 7/2/98. Statutory Authority: RCW 43.203.020 [43.20B.020]. 97-12-031, 246-282-990, filed 5/30/97, effective 6/30/97. 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.]

Washington State Code Reviser's Office