| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Agriculture & Natural Resources Committee | |
HB 2871
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Regarding penalties for small scale prospecting and mining violations.
Sponsors: Representatives Kretz and McCune.
Brief Summary of Bill |
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Hearing Date: 1/30/08
Staff: Colleen Kerr (786-7168).
Background:
Hydraulic Project Approvals
Before beginning a construction project, a person must obtain a hydraulic project approval (HPA)
for any project that will use, divert, obstruct, or change the natural flow or bed of any of the salt
or fresh waters of the state. HPAs are issued by the Department of Fish and Wildlife (WDFW) to
ensure the proper protection of fish life (RCW 77.55.021).
Small Scale Prospecting
Under the hydraulic code, the WDFW must develop rules for small scale prospecting and mining
without requiring a hydraulic permit. The rules, published in the "Gold and Fish Pamphlet",
describe allowable small scale prospecting and mining activities, as well as activities that would
require a hydraulic permit. Small scale prospecting is defined as discovering and recovering
minerals using pans, nonmotorized sluice boxes, concentrators, and mini-rocker boxes (RCW
77.55.270).
Enforcement
Small scale prospecting in violation of the standards established in the "Gold and Fish Pamphlet"
may be subject to civil and criminal enforcement. The unlawful undertaking of a hydraulics
activity is a gross misdemeanor (RCW 77.15.300). Civil penalties can be up to $100 per day
(RCW 77.55.140).
Natural Resources Infractions
The Legislature has decriminalized certain statutory violations of the natural resources code and
provided for a civil process. Natural resource infraction notices are brought before the district
court in the district in which the infraction occurred. A person who is found guilty of a natural
resources infraction is assessed a monetary penalty not to exceed $500 unless specifically
authorized by statute; alternatively, the court may order community restitution. Failure to pay or
to complete community restitution is a misdemeanor.
Summary of Bill:
Violations of the "Gold and Fish Pamphlet" involving of requirements for HPAs regarding small
scale prospecting and mining is punishable as a natural resources infraction and is no longer
subject to criminal penalty.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.