WSR 14-06-102
PROPOSED RULES
[Filed March 5, 2014, 8:58 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 252, 243 Israel Road S.E., Tumwater, WA 98501, on April 15, 2014, at 9:00 a.m.
Date of Intended Adoption: April 22, 2014.
Submit Written Comments to: Brandy Brush, Department of Health, Office of Shellfish and Water Protection, P.O. Box 47824, Tumwater, WA 98501, http://www3.doh.wa.gov/policyreview/, fax (360) 236-2257, by April 15, 2014.
Assistance for Persons with Disabilities: Contact Brandy Brush by April 8, 2014, TTY (800) 833-6388 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 2013 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.
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: Brandy Brush, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-3342; Implementation and Enforcement: Rick Porso, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-3302.
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.
March 5, 2014
Jessica Todorovich
Deputy Secretary
for John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 13-11-038, filed 5/10/13, effective 6/10/13)
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.
(4) Annual PSP 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 |
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) |
(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) |
$((8,310)) 9,140 |
Discovery Bay Shellfish |
$((166)) 2,226 |
Jamestown S'Klallam Tribe |
$((3,158)) 2,226 |
Lower Elwha Klallam Tribe |
$((2,991)) 3,515 |
Lummi Nation |
$703 |
Nisqually Tribe |
$((5,318)) 2,461 |
Port Gamble S'Klallam Tribe |
$((4,653)) 3,749 |
Puyallup Tribe of Indians |
$((10,470)) 9,257 |
((Skokomish Indian Tribe |
$665)) |
Squaxin Island Tribe |
$((997)) 2,109 |
Suquamish Tribe |
$((11,135)) 14,178 |
Swinomish Tribe |
$((332)) 820 |
Taylor Shellfish |
$((166)) 234 |
Tulalip Tribe |
$((9,639)) 7,382 |
(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.
