WSR 14-12-082
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed June 3, 2014, 11:12 a.m., effective July 4, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 246-282-990(5), Sanitary control of shellfish—Fees—Commercial geoduck paralytic shellfish poisoning (PSP) testing. The rule equitably assesses the costs of commercial geoduck PSP testing based on the number of tests done the previous year. The testing is essential to public health. It is the only way to know if dangerous levels of PSP exist in commercial geoduck and ensure toxic shellfish do not reach consumers.
Citation of Existing Rules Affected by this Order: Amending WAC 246-282-990.
Statutory Authority for Adoption: RCW 43.70.250.
Adopted under notice filed as WSR 14-06-102 on March 5, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 3, 2014.
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 13-11-038, filed 5/10/13, effective 6/10/13)
WAC 246-282-990 Fees.
(1) The required annual shellfish operation license fees for shellstock shippers and shucker-packers due October 1, 2011, shall be reduced by twenty-five percent of the annual shellfish operation license fees in subsection (2) of this section. Beginning July 1, 2012, and for every subsequent year, the full annual shellfish operation license fees in subsection (2) of this section shall be assessed.
(2) Annual shellfish operation license fees are:
Type of Operation
Annual Fee
 
Harvester
$263
 
Shellstock Shipper
 
 
 
0 - 49 Acres
$297
 
 
50 or greater Acres
$476
 
Scallop Shellstock Shipper
$297
 
Shucker-Packer
 
 
Plants with floor space < 2000 sq. ft.
$542
 
 
 
 
Plants with floor space 2000 sq. ft. to 5000 sq. ft.
$656
 
 
Plants with floor space ˃ 5000 sq. ft.
 
$1,210
(3) The fee for each export certificate is $20.00.
(4) 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.
(5) Annual PSP testing fees for companies harvesting geoduck are as follows:
Harvester
Fee
Department of natural resources (quota tracts harvested by DNR contract holders)
$((8,310)) 9,140
Discovery Bay Shellfish
$((166)) 2,226
Jamestown S'Klallam Tribe
$((3,158)) 2,226
Lower Elwha Klallam Tribe
$((2,991)) 3,515
Lummi Nation
$703
Nisqually Tribe
$((5,318)) 2,461
Port Gamble S'Klallam Tribe
$((4,653)) 3,749
Puyallup Tribe of Indians
$((10,470)) 9,257
((Skokomish Indian Tribe
$665))
Squaxin Island Tribe
$((997)) 2,109
Suquamish Tribe
$((11,135)) 14,178
Swinomish Tribe
$((332))
820
Taylor Shellfish
$((166))
234
Tulalip Tribe
$((9,639)) 7,382
(6) PSP fees must be paid in full to department of health before a commercial shellfish license is issued or renewed.
(7) 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.