Shellfish Program Fees Rule Revision

Affected and Interested Parties

Owners and employees of shellfish operations such as shuckers, packers, harvesters, and growers, and other interested parties.

Reason Why Rule Change Considered 

The Department of Health (Department) has completed an initial assessment of the commercial shellfish program fiscal resources and determined the program is not generating sufficient revenue to cover the cost of the program. The program filed a CR101, Preproposal Statement of Inquiry for WAC 246-282-990. Rulemaking is needed to create or update fees for operator licenses, export certificates, biotoxin testing and paralytic shellfish poisoning testing. The department is proposing cost recovery mechanisms consistently across operator license categories for harvesters, shippers and shucker-packers such as adding a late license renewal fee, reinspection fee, or a non-compliance driven inspection fee.

Commercial Shellfish Licensing Fees Fact Sheet (PDF)

Commercial Shellfish Fees Summary Fact Sheet (PDF)

Commercial Shellfish Fee Analysis Proposal Stakeholder Question & Answer (PDF)

Commercial Shellfish Testing Fees Fact Sheet (PDF)

Commercial Shellfish Fees Export Certificates Fact Sheet (PDF)

Shellfish Funding Summary Estimates (PDF)

Shellfish Fee Economic Impact Analysis Fee Adjustment Report (PDF)

Rule Development Timeline 

The department filed a CR-102 for WAC 246-282-990 (PDF) on November 22, 2023 as WSR#23-23-186. The public comment period is now open through January 4, 2024.

A CR-101 was filed on January 27, 2023 as WSR#23-04-060. View the CR-101 for WAC 246-282-990 (PDF).

The department intends to have rules become effective in July 2024.

How to Get Involved 

The proposed rules are ready for review and comments. The Department of Health will use a collaborative rule-making approach. The Department will keep interested parties informed of the rule development through email correspondence and regular posting of information on department rule-making website. The department will share status and findings with its standings group Shellfish Rulemaking Advisory Committee during its already planned meeting dates. The department will share drafts rules on this website when the draft rules are ready for review. The public hearing is your opportunity to provide formal comments before the department adopts the rule.

The rules hearing will be hybrid, you may attend in person or virtually.

Date:  January 4, 2024
Time: 1:00 p.m.
Location: Department of Health, Town Center 2, Conference Room 166 & 167
1
11 Israel Road Southeast
Tumwater, Washington 98504

Virtual: 
Register in advance for this Zoom webinar

After registering, you will receive a confirmation email containing information about joining the webinar. If you need a disability accommodation or language services, email Peter Beaton, Rule Coordinator, at Peter Beaton, by December 27, 2023.

You can also share your comments with us if you are not able to attend the hearing:

U.S. Mail: 
Peter Beaton, Department of Health, PO Box 47822, Olympia, WA  98504-7822

Email: Peter.Beaton@doh.wa.gov

Fax: 360-236-2253

Web: Department of Health Rules Comment Web page

We will accept formal comments through January 4, 2024.

For More Information 

Peter Beaton, Rules Coordinator, 360-236-4031

Dani Toepelt, Shellfish Program, 360-236-3347