BILL REQ. #: H-4027.1
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to permitting recreation rock collecting subject to certain restrictions; amending RCW 43.30.020; and adding a new section to chapter 43.30 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.30.020 and 2010 c 126 s 7 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Administrator" means the administrator of the department of
natural resources.
(2) "Agency" and "state agency" means any branch, department, or
unit of the state government, however designated or constituted.
(3) "Board" means the board of natural resources.
(4) "Commissioner" means the commissioner of public lands.
(5) "Department" means the department of natural resources.
(6) "Supervisor" means the supervisor of natural resources.
(7) "Mineral" means a naturally occurring solid substance with a
specific chemical composition and crystalline structure. "Mineral"
includes noncrystallized natural materials such as volcanic glass
(obsidian) and opal, as well as all metallic minerals.
(8) "Petrified wood" means a type of fossilized terrestrial
vegetation and should be distinguished from wood debris.
(9) "Rock" means a naturally occurring solid substance consisting
of an assemblage of minerals such as quartz, feldspar, mica, garnet,
and iron pyrite. "Rock" includes associated nonvertebrate fossils that
may be included in rocks.
NEW SECTION. Sec. 2 A new section is added to chapter 43.30 RCW
to read as follows:
(1) Recreational rock, mineral, and petrified wood collecting from
lands managed by the department is permitted under this chapter without
written authorization provided:
(a) The collection is for personal, noncommercial use;
(b) The collection does not exceed twenty-five pounds per day or
two hundred fifty pounds per year; and
(c) Only hand tools, such as shovels and picks, are used.
(2) Recreational rock, mineral, or petrified wood collecting that
is for commercial use, exceeds the daily or annual collection limits
established by this section, or uses explosives or power equipment
requires written authorization from the department and the payment of
any applicable fees.
(3) The department may prohibit recreational rock, mineral, or
petrified wood collecting in certain areas to prevent significant
damage to natural resources, to protect public health and safety, to
avoid conflict with other permitted uses, to avoid conflict with the
owners of the underlying mineral rights if the owner is not the
department, or to satisfy any trust management responsibilities.
(4) Pooling of rock, mineral, or petrified wood collection limits
among two or more people is prohibited.
(5) The authority to engage in rock, mineral, or petrified wood
collection provided by this section does not include the authority to
engage in the excavation, collection, or destruction of human remains,
artifacts, or vertebrate fossils including skeletal materials,
arrowheads, flakes, pottery or potsherds, mats, rock art, old bottles,
or pieces of equipment or buildings.
(6) Rock, mineral, or petrified wood collecting is prohibited in
the following circumstances:
(a) On active mining claims;
(b) In department managed rock quarries or stockpiles of crushed
rock for road maintenance; and
(c) In any way that satisfies the definition of "hydraulic project"
provided in RCW 77.55.011 without first obtaining permission to
undertake the project from the department of fish and wildlife
consistent with chapter 77.55 RCW.