WSR 15-19-155
PROPOSED RULES
[Filed September 23, 2015, 9:13 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 Fees, the proposed rule increases the shellfish export certification fee; and establishes a new diarrhetic shellfish poisoning (DSP) fee, combines it with the existing paralytic shellfish poisoning fee and renames the combined fee to "biotoxin fee."
Hearing Location(s): Department of Health, Town Center 2, 111 Israel Road S.E., Tumwater, WA 98501, on October 27, 2015, at 2:00 p.m.
Date of Intended Adoption: October 28, 2015.
Submit Written Comments to: Vicki M. Bouvier, Department of Health, Division of Environmental Public Health, P.O. Box 47822, Olympia, WA 98504-7822, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-3011, by October 27, 2015.
Assistance for Persons with Disabilities: Contact Vicki M. Bouvier by October 20, 2015, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed export certification fee increase is to improve customer service and response times, provide for weekend issuance of certificates, ensure twenty-four hour turnaround for all requests, enhance the web based export system, and allow for better tracking of product. This funding request includes the costs for issuing certificates, conducting physical shellfish lot inspections, ensuring areas are cleared for arsenic, and ensuring screening is done for biotoxins.
The purpose of the proposed biotoxin fee is to reduce the risk to public health by increasing testing for shellfish biotoxins to include DSP. Testing for DSP will also allow the department to keep shellfish harvest areas open, allowing recreational and commercial shellfishers to continue harvesting shellfish.
Reasons Supporting Proposal: The export certificate fee proposal addresses requests from the commercial shellfish industry and benefits those who are currently exporting product and requesting export certificates. The shorter processing time provides an economic benefit for these companies while allowing the department to improve the export certificate process, signifying that the shellfish being exported is harvested from approved growing areas and is deemed safe for human consumption.
The proposed biotoxin fee addresses the need for a stable source of funding to provide increased testing for shellfish biotoxins.
Statutory Authority for Adoption: 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: Laura W. Johnson, 111 Israel Road S.E., Tumwater, WA 98511, (360) 236-3333.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW
19.85.025 and
34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.
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.
September 22, 2015
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 15-11-053, filed 5/15/15, effective 6/15/15)
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 $((20.00)) 55.00.
(4) Annual ((PSP)) 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 |
|
$((173)) 353 |
Harvester |
3 or more |
|
$((259)) 535 |
Shellstock Shipper |
|
|
$198 |
|
Wholesale |
|
Company |
|
|
|
Shellstock Shipper |
? 2 |
|
$((195)) 393 |
|
0 - 49 acres |
Shellstock Shipper |
3 or more |
|
$((292)) 610 |
|
0 - 49 acres |
|
|
|
Shellstock Shipper |
N/A |
|
$((468)) 961 |
|
50 or greater acres |
Shucker-Packer |
? 2 |
|
$((354)) 752 |
|
(plants < 2000 ft2) |
Shucker-Packer |
3 or more |
|
$((533)) 1,076 |
|
(plants < 2000 ft2) |
Shucker-Packer |
? 2 |
|
$((429)) 882 |
|
(plants 2000 - 5000 ft2) |
Shucker-Packer |
3 or more |
|
$((644)) 1,297 |
|
(plants 2000 - 5000 ft2) |
Shucker-Packer |
N/A |
|
$((1,189)) 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 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.
(5) Annual PSP testing fees for companies harvesting geoduck are as follows:
| |
Harvester |
Fee |
Department of natural resources (quota tracts harvested by DNR contract holders) |
$10,670 |
Discovery Bay Shellfish |
$1,135 |
Jamestown S'Klallam Tribe |
$1,589 |
Lower Elwha Klallam Tribe |
$2,384 |
Lummi Nation |
$227 |
Nisqually Tribe |
$5,902 |
Port Gamble S'Klallam Tribe |
$1,362 |
Puyallup Tribe of Indians |
$8,286 |
Skokomish Indian Tribe |
$114 |
Squaxin Island Tribe |
$3,292 |
Suquamish Tribe |
$15,093 |
Swinomish Tribe |
$1,022 |
Tulalip Tribe |
$6,924 |
(6) ((PSP)) Fees must be paid in full to department of health before a commercial shellfish license is issued or renewed.
(7) 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.
