WSR 26-01-159
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed December 19, 2025, 10:26 a.m., effective February 1, 2026]
Effective Date of Rule: February 1, 2026.
Purpose: Office of environmental health and safety programs fees. The department of health (department) is adopting amendments to fees for the office of environmental health and safety programs to cover operating costs for WAC 246-282-990 for commercial shellfish. This adoption includes making editorial updates, creating new fees, removing obsolete fees, clarifying existing fees, and aligning with the code reviser's 2025 Bill Drafting Guide.
Under notice filed as WSR 25-22-068 on October 31, 2025, the department adopted amendments to fees for the following office of environmental health and safety programs:
| |
| • | WAC 246-205-990 for decontamination of illegal drug manufacturing or storage sites. |
| • | WAC 246-260-9901 for water recreation facilities. |
| • | WAC 246-262-990 for recreational water contact facilities. |
| • | WAC 246-272-2000 through 246-272-6000 for onsite sewage systems. |
| • | WAC 246-272-3000 for large onsite sewage systems. |
| • | WAC 246-358-990 for temporary worker housing. |
| • | WAC 246-360-990 and 246-360-020 for transient accommodations. |
| • | WAC 246-380-990 for food service. |
This filing concludes the rule making for rules proposed under WSR 25-19-023 on September 5, 2025.
Citation of Rules Affected by this Order: Amending WAC 246-282-990.
Adopted under notice filed as WSR 25-19-023 on September 5, 2025.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: December 19, 2025.
Kristin Peterson, JD
Chief of Policy
for Dennis E. Worsham
Secretary of Health
RDS-6499.2
AMENDATORY SECTION(Amending WSR 23-17-073, filed 8/14/23, effective 9/14/23)
WAC 246-282-990Fees.
(1) The department shall collect the following fees:
(a) 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 |
(2) The fee for each export certificate is $55.00.
(3)))
Operation | Acres | Harvest Sites | Fee effective until June 30, 2026 | Fee effective starting July 1, 2026 |
Harvester | | 2 or less | $876 | $1,489 |
| 3 or more | $916 | $1,569 |
Shellstock Shipper | 0-49 Acres | 2 or less | $1,954 | $3,611 |
0-49 Acres | 3 or more | $2,100 | $3,902 |
50 or greater Acres | | $2,188 | $3,900 |
Wholesale Only | Wholesale Only | $1,955 | $3,613 |
Wholesale Only DNR Tracts | Wholesale Only DNR Tracts | $1,811 | $3,322 |
Shucker Packer | Plants < 2,000 sq. ft. | 2 or less | $4,398 | $8,252 |
Plants < 2,000 sq. ft. | 3 or more | $4,816 | $9,090 |
Plants 2,000-5,000 sq. ft. | 2 or less | $5,512 | $10,368 |
Plants 2,000-5,000 sq. ft. | 3 or more | $5,405 | $10,154 |
Plants ˃ 5,000 sq. ft. | N/A | $5,105 | $9,000 |
(b) $159 for each export certificate.
(c) 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.
(4)))
Operation | Acres | Harvest Sites | Fee effective until June 30, 2026 | Fee effective starting July 1, 2026 |
Harvester | | 2 or less | $353 | $710 |
| 3 or more | $535 | $1,076 |
Shellstock Shipper | Wholesale | Wholesale | $198 | $398 |
0-49 Acres | 2 or less | $393 | $790 |
0-49 Acres | 3 or more | $610 | $1,226 |
50 or greater | N/A | $961 | $1,933 |
Shucker Packer | Plants < 2,000 sq. ft. | 2 or less | $752 | $1,512 |
Plants < 2,000 sq. ft. | 3 or more | $1,076 | $2,164 |
Plants 2,000-5,000 sq. ft. | 2 or less | $882 | $1,773 |
Plants 2,000-5,000 sq. ft. | 3 or more | $1,297 | $2,607 |
Plants ˃ 5,000 sq. ft. | N/A | $2,412 | $4,848 |
(d) Annual PSP testing ((fees)) for companies harvesting geoduck ((are as follows)):
((Harvester | Cert # | Fee |
Chuckanut Shellfish Inc. | WA-1350-HA | $997 |
Department of Natural Resources | NA | $13,354 |
Jamestown S'Klallam Tribe | WA-0588-SS | $4,584 |
Lower Elwha Klallam Tribe | WA-0587-HA | $2,392 |
Lummi Indian Business Council | WA-0098-SS | $399 |
Nisqually Indian Tribe | WA-1268-HA | $199 |
Port Gamble S'Klallam Tribe | WA-0859-HA | $3,388 |
Puyallup Tribe of Indians | WA-1137-HA | $5,381 |
Rising Tide CE, LLC | WA-1951-HA | $199 |
Suquamish Tribe | WA-0694-SS | $7,175 |
Swinomish Indian Tribal Community | WA-1420-SS | $997 |
Taylor Shellfish Company, Inc. | WA-0046-SP | $9,168 |
The Tulalip Tribes | WA-0997-HA | $9,766 |
(5)))
Fee effective until June 30, 2026 | Fee effective starting July 1, 2026 |
$188 per test | $297 per test |
(e) $64 for a virtual correction inspection.
(f) $291 for an on-site follow up inspection.
(g) $323 for a preoperation inspection for a new or expired license. This is a nonrefundable fee and is in addition to an annual license fee as outlined in subsection (1)(a) of this section.
(2) The number of harvest sites will be the total listed sites on the licensed company's harvest site certificate:
(a) At the time of first licensure;
(b) January 1st of each year for companies licensed as harvesters; or
(c) April 1st of each year for companies licensed as shellstock shippers and shucker packers.
(3) Fees must be paid in full to the department ((of health)) before a commercial shellfish license is issued or renewed.
(((6)))(4) 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.