H-2371.3  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1565

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

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

Read first time 03/05/97.

Limiting the regulations of small scale mining.

    AN ACT Relating to small scale prospecting and mining; adding a new section to chapter 75.20 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that small scale prospecting and mining:  (1) Is an important part of the heritage of the state; (2) provides economic benefits to the state, and helps to meet the national security demand and industrial demand for minerals; and (3) can be conducted in a manner that is beneficial to fish habitat and fish propagation.  Now, therefore, the legislature declares that small scale prospecting shall be regulated in the least burdensome manner that is consistent with the state's fish management objectives.

NEW SECTION. Sec. 2.  A new section is added to chapter 75.20 RCW to read as follows:

    (1) Small scale mineral prospecting using gold pans, mini-rocker boxes, and nonmotorized sluice boxes shall not require written approval under this chapter if the prospecting is conducted in accordance with provisions established in the department's most recent gold and fish pamphlet.

    (2) By December 31, 1998, the department shall adopt rules to regulate small scale  mineral prospecting activities subject to this section.  The department shall develop the rules in cooperation with the recreational mining community and other interested parties.

    (3) Rules adopted for small scale prospecting activities shall not require an environmental analysis under chapter 43.21C RCW as a condition for obtaining a written approval.  Small scale prospecting activities requiring a written approval under this section shall complete a written application as provided by the department.  The department shall specify by rule the maximum length of time for the department to make a decision on a permit application.  In no event shall the department take more than thirty days to make a decision on a permit issued under this section.

    (4) Within two months of adoption of the rules, the department shall distribute an updated gold and fish pamphlet that describes methods of mineral prospecting that are consistent with the department's rule.  The pamphlet shall be written to clearly indicate the prospecting methods that require written approval under this chapter and the prospecting methods that require compliance with the pamphlet.  To the extent possible, the department shall use the provisions of the gold and fish pamphlet to minimize the number of specific provisions of a written approval issued under this section.

    (5) For the purposes of this section, "small scale prospecting" means prospecting activities to pan, sluice, or dredge for minerals, except that motorized dredging devices with a suction nozzle greater than four inches in diameter are not considered small scale prospecting.

    (6) Motorized dredging devices with a suction nozzle greater than four inches in diameter are subject to a standard written approval under RCW 75.20.100.

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