BILL REQ. #:  H-4164.1 

READ FIRST TIME 02/06/12.   

     AN ACT Relating to permitting recreation rock collecting subject to certain restrictions; amending RCW 43.30.020; adding a new section to chapter 43.30 RCW; and creating a new section.

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.

NEW SECTION.  Sec. 3   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2012, in the omnibus appropriations act, this act is null and void.