DEPARTMENT OF HEALTH

[Filed April 20, 2026, 5:02 p.m.]

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Commercial shellfish fees. The department of health (department) is proposing amendments to the fees in WAC 246-282-990 to align with the 2026 supplemental operating budget, ESSB 5998 (chapter 268, Laws of 2026), that establishes limits on commercial shellfish fees for fiscal years 2026 and 2027.

Hearing Location(s): On May 27, 2026, at 9:00 a.m. Register in advance for this Zoom webinar at https://us02web.zoom.us/webinar/register/WN_sfyo9T--QSGHavfYha6d-Q. After registering, you will receive a confirmation email containing information about joining the webinar.

Date of Intended Adoption: June 3, 2026.

Submit Written Comments to: Zehra Siddiqui, P.O. Box 47820, Olympia, WA 98504-7820, email zehra.siddiqui@doh.wa.gov, web https://fortress.wa.gov/doh/policyreview/, beginning the date and time of this filing, by May 27, 2026, at 11:59 p.m.

Assistance for Persons with Disabilities: Contact Zehra Siddiqui, phone 360-236-3010, TTY 711, email zehra.siddiqui@doh.wa.gov, by May 13, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to amend existing commercial shellfish fee amounts to reflect the amounts in the 2026 supplemental operating budget, ESSB 5998.

Reasons Supporting Proposal: The proposed amendments are necessary to align existing fees with the 2026 supplemental operating budget proviso.

Statutory Authority for Adoption: RCW 43.70.110, 43.70.250, and 69.30.050.

Statute Being Implemented: RCW 43.70.110, 43.70.250, 69.30.050, and 2026 supplemental operating budget, ESSB 5998 (chapter 268, Laws of 2026).

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: Zehra Siddiqui, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-3010; Implementation and Enforcement: Dani Toepelt, 111 Israel Road S.E., Tumwater, WA 98501, 360-890-6054.

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 proposed rule amends existing fees pursuant to the 2026 supplemental operating budget, ESSB 5998. Rules that 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, are exempt from the cost-benefit analysis under RCW 34.05.328 (5)(b)(vi).

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.

Explanation of exemptions: The proposed rule amends existing fees pursuant to the 2026 supplemental operating budget, ESSB 5998.

Scope of exemption for rule proposal:

Kristin Peterson, JD

for Dennis E. Worsham

AMENDATORY SECTION(Amending WSR 26-01-159, filed 12/19/25, effective 2/1/26)

WAC 246-282-990Fees.

(1) The department shall collect the following fees:

(a) Annual shellfish operation license:

Operation	Acres	Harvest Sites	Fee effective until June 30, 2026	Fee effective starting July 1, 2026
Harvester		2 or less	(($876)) $263	(($1,489)) $518
Harvester		3 or more	(($916)) $523	(($1,569))$1,046
Shellstock Shipper	0-49 Acres	2 or less	(($1,954)) $297	(($3,611))$1,191
	0-49 Acres	3 or more	(($2,100))$1,280	(($3,902))$2,561
	50 or greater Acres		(($2,188))$1,280	(($3,900))$2,560
	Wholesale Only	Wholesale Only	(($1,955))$1,280	(($3,613))$2,396
	Wholesale Only DNR Tracts	Wholesale Only DNR Tracts	(($1,811))$1,089	(($3,322))$2,178
Shucker Packer	Plants < 2,000 sq. ft.	2 or less	(($4,398)) $542	(($8,252))$2,698
	Plants < 2,000 sq. ft.	3 or more	(($4,816))$3,354	(($9,090))$6,709
	Plants 2,000-5,000 sq. ft.	2 or less	(($5,512))$2,868	(($10,368))$5,737
	Plants 2,000-5,000 sq. ft.	3 or more	(($5,405))$3,387	(($10,154))$6,775
	Plants ˃ 5,000 sq. ft.	N/A	(($5,105))$2,868	(($9,000))$5,737

(b) $159 for each export certificate.

(c) Annual biotoxin testing for companies harvesting species other than geoduck intertidally (between the extremes of high and low tide):

Operation	Acres	Harvest Sites	Fee effective until June 30, 2026	((Fee effective starting July 1, 2026))
Harvester		2 or less	$353	(($710))
Harvester		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 for companies harvesting geoduck:

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

(3) Fees must be paid in full to the department before a commercial shellfish license is issued or renewed.

(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.