Affected and Interested Parties
Owners and employees of shellfish operations such as shuckers, packers, harvesters, and growers, and other interested parties.
What's Happening
The Department of Health (Department) initially proposed to increase shellfish fees in early 2023. The Department withdrew the proposal in late 2023 because the 2024 Legislature passed a budget proviso that gave the Department funding to contract with an independent third-party consultant to study the commercial shellfish regulatory program and make recommendations on fees. The budget proviso prohibited the Department from increasing commercial shellfish fees during fiscal year 2025.
The third-party contractor developed two reports: Fee Assessment Final Report (PDF) and LEAN Assessment Final Report (PDF). The Fee Report is also available on the Washington State Legislature’s webpage.
Once the proviso work was completed, the Department filed a CR-101 and CR-102 to increase shellfish fees once again. The Department delayed the adoption of amendments for WAC 246-282-900 for Commercial Shellfish to further review the proposed fee adjustments that are intended to align with the Greene Economic Report. After further review and consideration, the Department adopted the amendments for WAC 246-282-900 on December 19, 2025. These fee rules will become effective February 1, 2026.
On December 31, 2025, the Department initiated rulemaking by filing WSR 26-02-037 Preproposal Statement of Inquiry (CR-101) (PDF) to consider exploring options and amending the fee structure in WAC 246-282-990 for annual shellfish operation license fees and annual biotoxin testing fees to minimize impacts on small businesses.
On April 17, 2026, the Department withdrew the CR-101 for Commercial Shellfish fees.
The CR-101 was withdrawn because the 2026 Legislature passed a budget proviso that gives the Department funding to implement recommendations from an independent analysis of the commercial shellfish program’s fee structure by Greene Economics, published in 2025. The budget proviso also limits the Department from increasing commercial shellfish license and biotoxin fees beyond the specified amounts listed in the proviso during fiscal years 2026 and 2027, and requires the Department to submit a report to the Legislature and Governor with alternative licensing and fee structures that alleviate the strain on small commercial shellfish businesses.
On April 20, 2026, the Department filed a CR-102 (PDF) to align with the 2026 Legislative budget proviso that establishes limits on commercial shellfish fees for fiscal years 2026 and 2027.
Get Involved
The Department invites you to comment on the proposal through May 27, 2026, at midnight. A public hearing will be held on May 27, 2026, beginning at 9:00 am to give you an opportunity to provide oral comments to the Department.
- If you wish to attend the public hearing virtually, please register in advance here. After registering, you will receive a confirmation email containing information about joining the webinar.
Written comments can be sent through e-mail to shellfishrule@doh.wa.gov or may be submitted online at the Department’s rules comment page.
Please note that all comments received, whether virtually, email, or online, will be given the same consideration. We encourage you to comment in a manner that is most convenient for you.
Adopted Rule Documents
Proposed Rule Documents
Current Rulemaking Files
| Document | What's This? | Date Filed |
|---|---|---|
| WSR 26-09-097, CR-101 Withdrawal Memo | Withdrawal of CR-101 | April 17, 2026 |
| CR-102 - Proposed Rulemaking (PDF) | Announces proposed permanent rulemaking | April 20, 2026 |
Previous Rulemaking Files
| Document | What's This? | Date Filed |
|---|---|---|
| Withdrawal of CR-101 and CR-102. | April 3, 2024 | |
|
Fee assessment final report done by Greene Economics. LEAN assessment final report done by Greene Economics |
June 30, 2025 June 16, 2025 |
|
| CR-101 – Preproposal Statement of Inquiry (PDF) | Announces intent of rulemaking. | July 7, 2025 |
| OEHS Fees Economic Impact Analysis Report (Word) | Explanation of fee adjustments. | |
| WAC 246-282-990 for Commercial Shellfish (Word) | Draft changes for informal public comment. Comments due by July 25, 2025. | |
| Fee Rulemaking Information Session | July 15, 2025 | |
| CR-102 - Proposed Rulemaking (PDF) | Announces proposed permanent rulemaking. | September 5, 2025 |
| CR-103P: Rulemaking Order (PDF) | Announces adopted permanent rulemaking for WAC 246-282-900. | December 19, 2025 |
| Concise Explanatory Statement (PDF) | Summary of comments received | December 19, 2025 |
| CR-101 – Preproposal Statement of Inquiry (PDF) |
Announces intent of rulemaking | December 31, 2025 |
| DOH and Shellfish Industry Meeting (PDF) | Slideshow from DOH and Shellfish Industry Meeting | April 17, 2026 |
Contacts
Zehra Siddiqui, Rules Coordinator
Jeanna Sieving, Fee Manager
Dani Toepelt, Shellfish Program, 360-236-3347