PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 246-282-990 Sanitary control of shellfish -- Fees.
Purpose: The proposed rule creates a fee assessed to commercial shellfish operations to pay for PSP testing of commercial shellfish product. This new fee is necessary to implement the 2002 supplemental operating budget, section 220, chapter 371, Laws of 2002, that transferred the Department of Health (DOH) funding authority for commercial PSP testing from general fund - state to general fund - local.
Statutory Authority for Adoption: RCW 43.70.250.
Summary: Commercial shellfish PSP testing is an integral part of the shellfish operations licensing program. It is currently supported by general fund-state dollars and performed at the DOH public health laboratories. The proposed rule is necessary to implement a funding switch for commercial product testing, made in the 2002 legislative session, from general fund-state to general fund-local (fees). The dollars collected from this new fee will be used to fund the commercial PSP testing.
Reasons Supporting Proposal: Creating a fee assessed to commercial shellfish operations will allow PSP testing to continue as part of the shellfish licensing program. The purpose of this program is the protection of public health. By preventing contaminated commercial shellfish product from reaching consumers, PSP testing is essential to this purpose.
Name of Agency Personnel Responsible for Drafting: Jan Jacobs, New Market Center, Building 4, Tumwater, (360) 236-3316; Implementation and Enforcement: Jennifer Tebaldi, New Market Center, Building 4, Tumwater, (360) 236-3325.
Name of Proponent: Washington State Department of Health, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule creates a fee assessed to commercial shellfish operations to pay for PSP testing of commercial shellfish product. It implements the 2002 supplemental operating budget that switched the funding for this testing from the general fund-state account to the general fund-local account. The proposed fees vary depending on the type and size of shellfish operation.
The anticipated effect of the proposal is to generate enough revenue to allow PSP testing to continue at current levels. This testing is critical to protecting public health by preventing contaminated product from reaching consumers.
Proposal Changes the Following Existing Rules: The proposed rule creates a fee assessed to commercial shellfish operations to pay for PSP testing of commercial shellfish product.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025, a small business economic impact statement is not required for rules that set or adjust fees pursuant to legislative standards. This rule proposes to set a fee necessary to defray the costs of administering the commercial shellfish license program. The department is directed under RCW 43.27.250 to set fees so that the cost of a business license program is fully borne by members of that business. In addition, the 2002 supplemental operating budget changed the funding source for this activity from the general fund-state to general fund-local account.
RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328, "significant rule analysis" does not apply to rules that set or adjust fees pursuant to legislative standards, as this proposal does. See above.
Hearing Location: Department of Labor and Industries, Auditorium, 7273 Linderson Way, Tumwater, WA 98501, on July 9, 2002, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Jan Jacobs by July 2, 2002, TDD (800) 833-6388.
Submit Written Comments to: Jan Jacobs, Food Safety and Shellfish Programs, P.O. Box 47824, Olympia, WA 98504-7824, fax (360) 236-3316, by July 9, 2002.
Date of Intended Adoption: July 10, 2002.
May 31, 2002
M. C. Selecky
Secretary
OTS-5697.2
AMENDATORY SECTION(Amending WSR 01-14-047, filed 6/29/01,
effective 7/30/01)
WAC 246-282-990
Fees.
(1) Annual shellfish operation
license fees are:
| Type of Operation | Annual Fee | |||
| Harvester | $250. | |||
| Shellstock Shipper | ||||
| 0 - 49 Acres | $282. | |||
| 50 or greater Acres | $452. | |||
| Scallop Shellstock Shipper | $282 | |||
| Shucker-Packer | ||||
| Plants with floor space < 2000 sq. ft. | $514. | |||
| Plants with floor space 2000 sq. ft. to 5000 sq. ft. | $622. |
|||
| Plants with floor space > 5000 sq. ft. | $1,147. |
|||
(3) ((The fee for a harvester shellfish operation license is
$125 for the period of time between October 1, 2001, and March
31, 2002. This subsection expires on April 1, 2002.)) Annual PSP
testing fees for companies harvesting intertidally (between the
extremes of high and low tide):
| 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) | |||
(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.
(4) Annual PSP testing fees for companies harvesting subtidal geoduck (below extreme low tide):
| Harvester | Fee | |
| Department of natural resources (leased tracts harvested by nontribal licensees) | $17,178 | |
| Jamestown S'Klallam Tribe | $3,135 | |
| Lower Elwah Klallam Tribe | $3,423 | |
| Nisqually Indian Tribe | $4,316 | |
| Port Gamble S'Klallam Tribe | $5,312 | |
| Puyallup Tribe of Indians | $3,862 | |
| Skagit System Cooperative | $555 | |
| Skokomish Indian Tribe | $2,490 | |
| Squaxin Island Tribe | $5,153 | |
| Suquamish Tribe | $11,595 | |
| Tulalip Tribe | $981 | |
(6) 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.
[Statutory Authority: RCW 43.70.250, 70.90.150, and 43.20B.250. 01-14-047, § 246-282-990, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 69.30.030 and 43.20.030. 01-04-054, § 246-282-990, filed 2/5/01, effective 3/8/01. Statutory Authority: RCW 43.70.250. 00-02-016, § 246-282-990, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-282-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.20B.020 and 69.30.030. 98-12-068, § 246-282-990, filed 6/1/98, effective 7/2/98. Statutory Authority: RCW 43.203.020 [43.20B.020]. 97-12-031, § 246-282-990, filed 5/30/97, effective 6/30/97. Statutory Authority: RCW 43.20B.020 and 69.30.030. 96-16-073, § 246-282-990, filed 8/6/96, effective 10/1/96. Statutory Authority: RCW 43.70.040. 93-17-096 (Order 389), § 246-282-990, filed 8/17/93, effective 9/17/93; 91-02-049 (Order 121), recodified as § 246-282-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 85-12-029 (Order 2236), § 440-44-065, filed 5/31/85; 84-13-006 (Order 2109), § 440-44-065, filed 6/7/84; 83-15-021 (Order 1991), § 440-44-065, filed 7/14/83. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), § 440-44-065, filed 6/4/82.]