S-2198.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5351

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senate Committee on Natural Resources & Parks (originally sponsored by Senators Benton, Strannigan, Oke, Anderson, Swecker, Zarelli and Rossi)

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 is an important part of the heritage of the state.  The legislature further finds that small scale prospecting and mining provide economic benefits to the state, and help to meet the national security demand and industrial demand for minerals.  The legislature further finds that it is critical that small scale miners and prospectors be allowed access to open public lands in the state.  The legislature further finds that mineral prospecting and mining activities can be conducted in a manner that is consistent with fish habitat and fish-life population.  Now, therefore, the legislature declares that small scale prospecting and mining must not be unreasonably regulated.  The legislature further declares that all restrictions or regulations of small scale prospecting and mining activities must be based on sound scientific evidence and applicable documentation supporting the need for such restrictions.

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, 1997, the department shall adopt rules to regulate small scale  mineral prospecting activities subject to this chapter.  The department shall develop the rules in cooperation with the recreational mining community and other interested parties, including consideration of a general permit for motorized mining activities.

    (3) 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.

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