WSR 01-11-146

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 23, 2001, 10:49 a.m. , effective June 30, 2001 ]

Date of Adoption: May 23, 2001.

Purpose: To repeal and amend sections of chapter 16-602 WAC, rules relating to apiaries, to comply with amendments to chapter 15.60 RCW, Apiaries Act.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-602-005, 16-602-010, 16-602-020, 16-602-027, 16-602-030, 16-602-040, and 16-602-045; and amending WAC 16-602-025, 16-602-026, and 16-602-050.

Statutory Authority for Adoption: Chapter 15.60 RCW.

Adopted under notice filed as WSR 01-08-087 on April 4, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 7.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: June 30, 2001.

May 23, 2001

Jim Jesernig

Director

OTS-4677.1


AMENDATORY SECTION(Amending Order 5030, filed 2/10/94, effective 3/13/94)

WAC 16-602-025   Apiarist registration fees, schedule.   (1) Beekeepers in the following two categories shall pay a fee for owning or operating colonies of bees in Washington:

(a) Resident beekeepers of Washington;

(b) Nonresident beekeepers operating colonies in Washington for the purpose of producing honey or other products, or their use or rental for pollination of agricultural crops.

(2) Both categories of beekeepers shall pay a fee based upon the number of colonies they own or will operate during the calendar year in Washington. The fee schedule shall be as follows:

1 - 5 colonies $ 5.00
6 - 25 colonies $ 10.00
26 - 100 colonies $ 25.00
101 - 300 colonies $ 50.00
301 - 500 colonies $ 100.00
501 - 1,000 colonies $ 200.00
1,001 or more colonies $ 300.00

((This fee schedule shall remain in effect unless changed upon the advice of the apiary advisory committee and pursuant to the Administrative Procedure Act, chapter 34.05 RCW.))

(3) The registration fee shall be paid, on or before April first, on the number of colonies of bees:

(a) Owned by resident beekeepers;

(b) Operated and or rented for pollination by nonresident beekeepers during the calendar year in Washington.

((A late charge of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears.))

[Statutory Authority: Chapter 15.60 RCW. 94-05-049 (Order 5030), 16-602-025, filed 2/10/94, effective 3/13/94.]


AMENDATORY SECTION(Amending WSR 97-24-066, filed 12/2/97, effective 1/2/98)

WAC 16-602-026   Broker registration fees.   In accordance with RCW ((15.60.050)) 15.60.021, there is assessed an annual broker registration fee of $100 due and payable to the department on April 1 of each year. If a person registers as both a broker and an apiarist, only one of the registration fees shall be owed. The lesser of the two registration fees shall be waived.

[Statutory Authority: RCW 15.60.025 and 15.60.170(2). 97-24-066, 16-602-026, filed 12/2/97, effective 1/2/98.]


AMENDATORY SECTION(Amending WSR 97-24-066, filed 12/2/97, effective 1/2/98)

WAC 16-602-050   Types of offenses and level of civil penalty assessment.   (1) Violations of the Apiaries Act include, but are not limited to:

(a) Failure to register as a resident or non-resident apiarist (((reference WAC 16-602-025 and RCW 15.60.050):));

(b) Failure to register as a broker (((reference WAC 16-602-026 and RCW 15.60.050)));

(c) Failure to remit apiary registration fees (((reference WAC 16-602-025 and RCW 15.60.050)));

(d) Failure to remit broker registration fees (((reference WAC 16-602-026 and RCW 15.60.050);

(e) Failure to remit pollination service fees (reference WAC 16-602-027 and RCW 15.60.040);

(f) Failure to mark apiaries in accordance with WAC 16-602-040 (reference RCW 15.60.020);

(g) Altering an official certificate or other official inspection document or misrepresenting a document, as described in RCW 15.60.150(2))).

(2) The level of civil penalty assessed for each individual violation shall be as follows:


First violation . . . . . . . . . . . . $100

Second violation . . . . . . . . . . . . $500

Third and each subsequent violation . . . . . . . . . . . . $1,000

[Statutory Authority: RCW 15.60.025 and 15.60.170(2). 97-24-066, 16-602-050, filed 12/2/97, effective 1/2/98.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-602-005 Definitions.
WAC 16-602-010 Apiary board, area boundaries.
WAC 16-602-020 Apiary inspection fees.
WAC 16-602-027 Grower pollination service fee, collection, remittance.
WAC 16-602-030 Colony strength.
WAC 16-602-040 Apiary marking.
WAC 16-602-045 Civil penalty authority and application.

Washington State Code Reviser's Office