16-04-041

WSR 16-04-041

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed January 27, 2016, 9:41 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(5), Sanitary control of shellfish-Fees, commercial geoduck paralytic shellfish poisoning testing.

Hearing Location(s): Department of Health, Town Center 3, Room 229, 243 Israel Road S.E., Tumwater, WA 98511, on March 8, 2016, at 10:30 a.m.

Date of Intended Adoption: March 9, 2016.

Submit Written Comments to: Laura Johnson, Department of Health, P.O. Box 7824, Olympia, WA 98504-7824, e-mail http://www3.doh.wa.gov/policyreview/, fax [phone], by March 8, 2016.

Assistance for Persons with Disabilities: Contact Theresa McGuire by March 4, 2016, TTY [phone] or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to equitably assess the costs of commercial geoduck paralytic shellfish poison (PSP) testing. The cost assessment will follow the annual redistribution formula which is based on the number of tests done in the previous year. The testing is essential to public health as it is the only way to determine if dangerous levels of PSP exist in commercial geoduck and ensure toxic shellfish do not reach consumers.

Reasons Supporting Proposal: The proposed geoduck PSP fee redistribution is based on the 2015 total cost of service for the entities that submitted geoduck tests and the number of tests done for each entity.

Statutory Authority for Adoption: RCW 43.70.250.

Statute Being Implemented: RCW 43.70.250 and 60.30.005.

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 Johnson, 243 Israel Road S.E., Tumwater, WA 98501, [phone].

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.

January 27, 2016

Maryanne Guichard

Assistant Secretary

AMENDATORY SECTION (Amending WSR 16-01-041, filed 12/9/15, effective 1/9/16)

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 $55.00.

(4) 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 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)) 11,305
Discovery Bay Shellfish	$((1,135)) 492
Jamestown S'Klallam Tribe	$((1,589)) 1,802
Lower Elwha Klallam Tribe	$((2,384)) 3,932
Lummi Nation	$((227)) 492
Nisqually Tribe	$((5,902)) 328
Port Gamble S'Klallam Tribe	$((1,362)) 1,802
Puyallup Tribe of Indians	$((8,286)) 7,537
Skokomish Indian Tribe	$((114)) 2,294
Squaxin Island Tribe	$((3,292)) 328
Suquamish Tribe	$((15,093)) 20,644
Swinomish Tribe	$((1,022)) 819
Thorndyke Bay	$655
Tulalip Tribe	$((6,924)) 5,571

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

(7) 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.