HOUSE BILL REPORT

                 SHB 1565

                    As Passed Legislature

Title:  An act relating to small scale prospecting and mining.

Brief Description:  Exempting small scale mining from the requirement of obtaining a hydraulic permit.

Sponsors:  By House Committee on Natural Resources (originally sponsored by  Representatives Mielke, Pennington, Carrell, Mulliken, Thompson and Cairnes).

Brief History:

  Committee Activity:

Natural Resources:  2/18/97, 3/4/97 [DPS].

Floor Activity:

Passed House:  3/12/97, 97‑0.

Senate Amended.

House Refuses to Concur.

     Conference Committee Report Adopted.

Passed Legislature.

HOUSE COMMITTEE ON NATURAL RESOURCES

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 11 members:  Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Hatfield; Pennington and Sheldon.

Staff:  Rick Anderson (786-7114).

Background:  The Department of Fish and Wildlife is authorized to regulate mining activities within the high watermark of streams, rivers, and other water bodies of the state through the hydraulic permit approval (HPA) process.  The Department publishes a AGold and Fish@ pamphlet that describes when, where, and how gold mining can take place.  A written HPA permit is not required for persons who pan for gold using hand tools, including panning, mini-rocker boxes, and certain non-motorized sluice boxes if the provisions in the Gold and Fish pamphlet are followed.  Gold mining using motorized sluice boxes and dredging do require a written HPA permit.

Summary of Bill:  By December 31, 1998, the Department of Fish and Wildlife is directed to adopt a rule, in conjunction with the small scale prospecting community and other interested parties, to regulate small scale prospecting activities.  Within two months of rule adoption, the department must update and distribute a revised gold and fish pamphlet.   ASmall scale mineral prospecting@ is defined as activities that uses pans, sluice boxes, concentrators, concentrators, or mini-rocker boxes.  Small-scale mineral prospecting activities do not require a written HPA permit if the provisions established by the department are followed.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The small-scale prospecting community has too little access to rivers and streams.  Small-scale prospecting does not harm fish habitat and can improve fish habitat.  Gold does not drop out of the current in slow-moving water; fish spawn in areas where there is current.  Dredging equipment moves very little material as compared to natural events.  This bill will improve access.  Small scale prospecting is a family activity that should be encouraged, not discouraged.  Current regulations are not based on sound science.  A 1995 proposal by the department would have further restricted the prospecting community's access to rivers and streams.

Testimony Against:  Current regulations allow many prospecting activities to occur without requiring notice to the department or a written permit.  Regulations are based on science and are necessary to protect fish life and fish habitat.  The gold and fish pamphlet can be revised to improve access by small scale prospecting community while still protecting fish life and habitat.  The bill would not require any notice to the department and as a consequence will very likely endanger fish habitat.

Testified:  Representative Thomas Mielke, prime sponsor; Mike Alberg, Kittitas County Planning Commission; Michael G. Dunican, Boeing Employees Prospecting Society, Washington Prospectors, and Washington Alliance of Miners and Prospectors, GPAA; David L. Rutan, Northwest Mining Prospectors and Washington Prospecting &Mining Adhoc Committee; Dan H. Johnson, Charles Cox, and David Hoff,  Washington Prospectors; Joe Williams, Northwest Gold & Gem Prospectors (all in favor); Millard S. Deusen, Washington Department of Fish and Wildlife; Greg Stewart, Rivers Council of Washington (both against); and Dawn Vyvyan, Yakama Indian Nation (con w/concerns).