SENATE BILL REPORT

SB 5705

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.

Background: Advisory Groups. The Washington Department of Fish and Wildlife (WDFW) has advisory groups who provide input on a variety of topics, including game management, enforcement, and hatcheries. Committee members communicate the opinions and needs of stakeholders to the agency. Advisory group meetings are open to the public.

WDFW also works with management boards on topics like removing fish passage barriers. These boards coordinate with other agencies and interested parties on statewide approaches to resource conservation.

Hydraulic Project Approvals (HPAs), Generally. An HPA is required 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.

Summary of Bill: The Fish and Wildlife Commission must establish and maintain an advisory committee of five to seven members to represent the interests of mineral prospectors and miners on issues such as individual HPA permit processing, relevant proposed rule changes, and the gold and fish pamphlet. The commission must consult with and consider membership nominations from appropriate mineral prospecting and mining groups. Each member of the advisory committee will serve without compensation but may be reimbursed for travel expenses. The committee must meet at least quarterly, and at other appropriate times to address emergent issues or proposed rule changes relevant to mineral prospecting and mining.

Staff Summary of Public Testimony: PRO: We have cooperated with WDFW before and have had success in negotiated satisfactory regulations. We have been left out of rulemaking and our lack of involvement might lead to more litigation. There are negative impacts when WDFW attempts to regulate an industry it is not familiar with. This bill gives mineral prospectors more of a voice. We want to work with the fish stakeholders because we are fishermen too and want to protect fish.

OTHER: We would like to have clarification as to whether this bill applies to larger or smaller-scale mining operations.

Persons Testifying: PRO: Mark Erickson, Resources Coalition; Jams Franklin, WA Prospectors Mining Assn.; William Thomas, Robert Cunningham, Harley Edwards, citizens.

OTHER: Bruce Chattin, WA Aggregates and Concrete Assn.