WSR 18-05-046
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed February 14, 2018, 9:58 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-282-990(5), sanitary control of shellfish, fees, annual paralytic shellfish poisoning testing fee redistribution.
Hearing Location(s): On March 29, 2018, at 10:30, at the Department of Health, Town Center 2, Room 145, 111 Israel Road S.E., Tumwater, WA 98511.
Date of Intended Adoption: April 16, 2018.
Submit Written Comments to: Peter Beaton, Washington State Department of Health, Division of Environmental Public Health, P.O. Box 47820, Olympia, WA 98504-7820, email https://fortress.wa.gov/doh/policyreview, by March 29, 2018.
Assistance for Persons with Disabilities: Contact Theresa McGuire, phone 360-236-3301, TTY 360-833-6388 or 711, email Theresa.McGuire@doh.wa.gov, by March 27, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to equitably assess the costs of commercial geoduck paralytic shellfish poison (PSP) testing. The cost assessment will follow the annual redistribution formula which is based on the number of tests done in the previous year. The testing is essential to public health as it is the only way to determine if dangerous levels of PSP exist in commercial geoduck and ensure toxic shellfish do not reach the public.
Reasons Supporting Proposal: The proposed geoduck PSP fee redistribution is based on the 2017 total cost of service for the harvesters that submitted geoduck tests and the number of tests done for each harvester.
Statutory Authority for Adoption: RCW 43.70.250.
Statute Being Implemented: RCW 43.70.250.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Darin Klein, 243 Israel Road S.E., Tumwater, WA 98501, 360-236-3341.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
February 14, 2018
Clark Halvorson
Assistant Secretary
AMENDATORY SECTION (Amending WSR 17-06-062, filed 2/28/17, effective 3/31/17)
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 $55.00.
(4) Annual biotoxin 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
 
$353
Harvester
3 or more
 
$535
Shellstock Shipper
 
 
$198
 
Wholesale
 
Company
 
 
 
Shellstock Shipper
≤ 2
 
$393
 
0 - 49 acres
Shellstock Shipper
3 or more
 
$610
 
0 - 49 acres
Shellstock Shipper
N/A
 
$961
 
50 or greater acres
Shucker-Packer
≤ 2
 
$752
 
(plants < 2000 ft2)
Shucker-Packer
3 or more
 
$1,076
 
(plants < 2000 ft2)
Shucker-Packer
≤ 2
 
$882
 
(plants 2000 - 5000 ft2)
Shucker-Packer
3 or more
 
$1,297
 
(plants 2000 - 5000 ft2)
Shucker-Packer
N/A
 
$2,412
 
(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 1st of each year for companies licensed as harvesters; or
(iii) July 1st 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
Cert #
Fee
Department of Natural Resources
NA
$((10,163))
11,725
Jamestown S'Klallam Tribe
WA-0588-SS
$((2,278))
2,189
Lower Elwha Klallam Tribe
WA-0587-HA
$((4,556))
2,970
Lummi Indian Business Council
WA-0098-SS
$((350))
313
Nisqually Indian Tribe
WA-1268-HA
$((350))
313
Port Gamble S'Klallam Tribe
WA-0859-HA
$((2,278))
2,658
Puyallup Tribe of Indians
WA-1137-HA
$((6,483))
9,693
Skokomish Indian Tribe
WA-0577-HA
$((175))
156
Squaxin Island Tribe
WA-0737-HA
$((175))
156
Suquamish Tribe
WA-0694-SS
$((18,924))
18,135
((Swinomish Indian Tribal Community
WA-1420-SS
$1,227))
The Tulalip Tribes
WA-0997-HA
$((8,060))
4,846
Taylor Shellfish Company, Inc.
WA-0046-SP
$((2,979))
4,846
(6) Fees must be paid in full to department of health before a commercial shellfish license is issued or renewed.
(7) Refunds for 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.