WSR 21-09-066
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed April 19, 2021, 1:45 p.m., effective May 20, 2021]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The Washington department of fish and wildlife's purpose for this rule making is to implement elements of ESHB 1261 (chapter 10, Laws of 2020), passed by the legislature in 2020. Rule changes will:
Add a definition for "gravity siphon aquatic mining" and "motorized or gravity siphon equipment";
Specify that a standard hydraulic project approval (HPA) permit is required to conduct mineral prospecting involving motorized or gravity siphon equipment and require proof of compliance with the federal Clean Water Act for this activity as part of a complete application for a standard HPA;
Specify that the department may reject an incomplete application for mineral prospecting involving motorized or gravity siphon equipment if the proposed project location or locations occur where they are prohibited under RCW 90.48.615;
Remove authorization for motorized and gravity siphon mining activities from the Gold and Fish pamphlet rules;
Specify that all activities under WAC 200-660-305 Mineral prospecting involving motorized or gravity siphon equipment, must employ aquatic invasive species prevention;
Eliminate the annual reporting requirement for suction dredging HPAs; and
Other minor changes are to clarify or avoid conflict with statute.
Citation of Rules Affected by this Order: Amending WAC 220-660-030 Definitions, 220-660-050 Procedures, 220-660-300 Mineral prospecting, and 220-660-305 Suction dredging.
Statutory Authority for Adoption: RCW 77.04.012, 77.12.047, 77.55.021, 77.55.091, 77.135.100, 77.135.110, and 34.05.328.
Adopted under notice filed as WSR 20-24-121 on December 2, 2020.
Changes Other than Editing from Proposed to Adopted Version: There are two minor changes between the rules proposed in the CR-102 (filed as WSR 20-24-121 on December 2, 2020) and the version adopted by the fish and wildlife commission on April 9, 2021. The table presents changes between versions.
WAC Section
Proposed change from CR-102
Reason for change
220-660-030(72)
"Hand-held mineral prospecting tools" means tools used for mineral prospecting that are held by hand,and do not have moving parts, and are not powered, in whole or in part, by internal combustion, electricity, hydraulics, or pneumatics. Examples include, but are not necessarily limited to, metal detectors, shovels, picks, trowels, hammers, and pry bars
Clarification. To eliminate confusion about moving parts on hand-held mineral prospecting tools. Clarifies that they may not have moving parts powered by internal combustion, electricity, hydraulics, or pneumatics. Reference to metal detectors is also removed. The change is in response to public comments.
220-660-305 (5)(c)
Motorized or gravity siphon equipment listed in the previous provision may be used ONLY in waters in Adams, Benton, Clallam, Franklin, Grant, Grays Harbor, Lincoln, Spokane, Whitman, and Yakima counties that are NOT designated under the Endangered Species Act as critical habitat for salmon, steelhead, or bull trout or have a freshwater designated use of salmonid spawning, rearing, and migration. A map identifying waters where motorized methods are allowed is available from Washington department of ecology.The Washington department of ecology determines where motorized or gravity siphon equipment listed in the previous provision may be used. Contact the Washington department of ecology water quality program for information about the locations where the use of motorized or gravity siphon equipment is allowed.
Clarification. Rather than listing those specific areas where the Washington department of ecology (ecology) prohibits motorized or gravity siphon equipment, this change more generally refers to ecology's authority under RCW 90.48.615. This revision clarifies that it is ecology that is responsible for designating these areas, and it also prevents this provision from becoming obsolete in the event that ecology amends its designations.
A final cost-benefit analysis is available by contacting Theresa Nation, P.O. Box 43200, Olympia, WA 98504-3200, phone 360-688-4745, fax 360-902-2946 Attn: Theresa Nation, TTY 360-902-2207, email HPARules@dfw.wa.gov, website https://wdfw.wa.gov/licenses/environmental/hpa/rulemaking.
The final cost-benefit analysis is contained in the final hydraulic code rules, chapter 220-660 WAC, incorporating elements of ESHB 1261 into HPA rules regulatory analyses document that also contains the least burdensome alternative analysis and significant legislative rule determinations. The final small business economic impact statement, concise explanatory statement, and implementation plan are also available at the HPA rule-making web page noted above.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 9, 2021.
Larry Carpenter, Chair
Fish and Wildlife Commission
OTS-2754.4
AMENDATORY SECTION(Amending WSR 19-12-126, filed 6/5/19, effective 11/1/19)
WAC 220-660-030Definitions.
The following are definitions for terms used in this chapter.
(1) "Abandoning an excavation site" means not working an excavation site for forty-eight hours or longer.
(2) "Aggregate" means a mixture of minerals separable by mechanical or physical means.
(3) "Aquatic beneficial plant" means all native and nonnative aquatic plants except those on the state noxious weed lists in WAC 16-750-005, 16-750-011, and 16-750-015.
(4) "Aquatic invasive species" means an invasive species of the animal kingdom with a life cycle that is at least partly dependent upon fresh, brackish, or marine waters. Examples include certain species of waterfowl, amphibians, fish, shellfish, and nutria.
(5) "Aquatic noxious weed" means an aquatic plant on the state noxious weed lists in WAC 16-750-005, 16-750-011, and 16-750-015.
(6) "Aquatic plant" means a native or nonnative emergent, submersed, partially submersed, free-floating, or floating-leaved plant species that is dependent upon fresh, brackish, or marine water ecosystems and includes all stages of development and parts.
(7) "Aquatic Plants and Fish pamphlet" means a document that details the rules for aquatic noxious weed and aquatic beneficial plant removal and control activities and that serves as the hydraulic project approval for certain plant removal and control activities in Washington state.
(8) "Artificial materials" means clean, inert materials used to construct diversion structures for mineral prospecting.
(9) "Associated human-made agricultural drainage facilities" means dikes, drains, pumps, drainage tiles, and drainage pipe made by humans that protect agricultural land.
(10) "Authorized agent" means someone who is authorized by the applicant to act on behalf of the applicant.
(11) "Bank" means any land surface landward of the ordinary high water line next to a body of water and constrains the water except during floods. The term "bank" also includes all land surfaces of islands within a body of water that are below the flood elevation of the surrounding body of water.
(12) "Bankfull width" means the width of the surface of the water at the point where water just begins to overflow into the active flood plain. In streams where there is no flood plain it is often the width of a stream or river at the dominant channel forming flow that reoccurs every one to two years.
(13) "Beach area" means the beds between the ordinary high water line and extreme low water.
(14) "Bed" means the land below (waterward of) the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, stormwater runoff devices, or other artificial watercourses except where they exist in a natural watercourse that has been artificially altered.
(15) "Bed materials" means naturally occurring materials such as gravel, cobble, rock, rubble, sand, mud, and aquatic plants that form the beds of state waters. Bed materials are also found in deposits or bars above the wetted perimeter of water bodies.
(16) "Board" means the pollution control hearings board created in chapter 43.21B RCW.
(17) "Bottom barrier or screen" means sheets of synthetic or natural fiber material used to cover and kill plants growing on the bottom of a watercourse.
(18) "Boulder" means a stream substrate particle larger than ten inches in diameter.
(19) "Bridge shadow" means the area under a bridge defined by the shadow cast by the sun. This area may not receive enough light and rain to support the plant growth needed for biotechnical bank stabilization.
(20) "Channel bed width" means the width of the bankfull channel, although bankfull may not be well defined in some channels. For those streams which are nonalluvial or do not have flood plains, the channel width must be determined using features that do not depend on a flood plain.
(21) "Chronic danger" means a condition declared by the county legislative authority in which any property, except for property located on a marine shoreline, has experienced at least two consecutive years of flooding or erosion that has damaged or has threatened to damage a major structure, water supply system, septic system, or access to any road or highway.
(22) "Chronic danger HPA" means a written hydraulic project approval issued in response to a chronic danger declaration made by a county legislative authority.
(23) "Classify" means to sort aggregate by hand or through a screen, grizzly, or similar device to remove the larger material and concentrate the remaining aggregate.
(24) "Commission" means the Washington state fish and wildlife commission.
(25) "Compensatory mitigation" means the restoration, creation, enhancement, or preservation of aquatic resources to compensate for adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved.
(26) "Concentrator" means a device used to physically or mechanically separate the valuable mineral content from aggregate.
(27) "Control" of an aquatic plant means to prevent all seed production and to prevent the dispersal of all propagative parts capable of forming new plants.
(28) "County legislative authority" means a county commission, council, or other legislative body.
(29) "Crevicing" means removing aggregate from cracks and crevices using hand-held mineral prospecting tools ((or water pressure)).
(30) "Critical food fish or shellfish habitats" means those habitats that are essential to fish life. These habitats include habitats of special concern listed in WAC 220-660-100 and 220-660-320.
(31) "Department" means the department of fish and wildlife.
(32) "Design flood" means a stream discharge of a specific rate and probability best suited to ensure the project design creates and shapes habitat or protects property and structures to a given level of risk (e.g., the 100-year design flood).
(33) "Director" means the director of the department of fish and wildlife.
(34) "Ditch" means a wholly artificial watercourse or a natural watercourse (waters of the state) altered by humans.
(35) "Diver-operated dredging" means the use of portable suction or hydraulic dredges held by SCUBA divers to remove aquatic plants.
(36) "Dredging" means removal of bed material using other than hand-held tools. This does not include metals mining and milling operations as defined in chapter 78.56 RCW.
(37) "Dryland dredge" means a suction dredge with a nozzle capable of introducing water under pressure from the suction dredge pump to the tip of the nozzle.
(38) "Early infestation" of an aquatic noxious weed means a stage of development, life history, or area of coverage that makes one hundred percent control and eradication likely to occur.
(39) "Emergency" means an immediate threat to life, the public, property, or of environmental degradation.
(40) "Emergency HPA" means a verbal or written hydraulic project approval issued in response to a declaration of emergency.
(41) "Entrained" means the entrapment of fish into a watercourse diversion that has no screen, into high velocity water along the face of an improperly designed screen, or into the vegetation cut by a mechanical harvester.
(42) "Equipment" means any device powered by internal combustion; hydraulics; electricity, except less than one horsepower; or livestock used as draft animals, except saddle horses; and the lines, cables, arms, or extensions associated with the device.
(43) "Eradication" of an aquatic noxious weed means to eliminate it within an area of infestation.
(44) "Established ford" means a crossing place in a watercourse that was in existence and used annually before 1986 or permitted by the department in or after 1986, and has identifiable approaches on the banks.
(45) "Excavation line" means a line on the dry bed at or parallel to the water's edge. The department determines the distance from the water's edge for each project site. The excavation line may change with water level fluctuations.
(46) "Excavation site" means the pit, furrow, or hole from which aggregate is removed to process and recover minerals, or into which wastewater is discharged to settle out sediments.
(47) "Excavation zone" means the area between the excavation line and the bank or the center of the gravel bar.
(48) "Expedited HPA" means a written hydraulic project approval issued in those instances where when normal permit processing would result in a significant hardship for the applicant or unacceptable damage to the environment.
(49) "Farm and agricultural land" means those lands identified in RCW 84.34.020.
(50) "Filter blanket" means one or more layers of pervious materials (organic, mineral, or synthetic) designed and installed to provide drainage, yet prevent the movement of soil particles by flowing water.
(51) "Fish conservation bank" means a habitat creation, restoration, or enhancement project intended to provide a bank of credits to compensate for unavoidable impacts to habitat that supports fish life from future development projects. Fish conservation banks are managed to optimize desired habitat for ESA-listed and at-risk fish species.
(52) "Fish habitat" or "habitat that supports fish life" means habitat, which is used by fish life at any life stage at any time of the year including potential habitat likely to be used by fish life, which could reasonably be recovered by restoration or management and includes off-channel habitat.
(53) "Fish habitat enhancement project" means a hydraulic project that meets criteria in RCW 77.55.181 (1)(a).
(54) "Fish habitat improvement structures" or "stream channel improvements" means natural materials such as large wood, rock, or synthetic materials such as chain or rope placed in or next to bodies of water to improve existing conditions for fish life. Examples are engineered logjams, large woody material, and boulders.
(55) "Fish guard" means a device installed at or near a surface water diversion head gate, or on the intake of any device used for ((pumping))removing water from fish-bearing waters, to prevent entrainment, injury, or death of fish life. Fish guards physically keep fish from entering the diversion or ((pump)) intake and do not rely on avoidance behavior.
(56) "Fish life" means all fish species, including food fish, shellfish, game fish, unclassified fish and shellfish species, and all stages of development of those species.
(57) "Fish passage improvement structure" means artificial structures that are used to provide passage through, over, and/or around artificial barriers. They provide a graduated change in gradient with refuge areas allowing fish to pass barriers.
(58) "Fish screen" means "fish guard."
(59) "Flood gate" means a structure to control flooding through which water flows freely in one direction but is prevented from flowing in the other direction.
(60) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that must not be fished for except as authorized by rule of the commission.
(61) "Forest practices hydraulic project" means a hydraulic project that requires a forest practices application or notification under chapter 76.09 RCW.
(62) "Frequent scour zone" means the area between the wetted perimeter and the toe of the slope. The frequent scour zone is comprised of aggregate, boulders, or bedrock. Organic soils are not present in the frequent scour zone.
(63) "Freshwater area" means those state waters and associated beds waterward of the ordinary high water line that are upstream of stream and river mouths. Freshwater areas also include all lakes, ponds, and tributary streams and surface-water-connected wetlands that provide or maintain habitat that supports life. This definition does not include irrigation ditches, canals, stormwater treatment, and conveyance systems, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.
(64) "Functional grating" means the percent open area of the grating that is not covered or blocked by any objects such as structural components, framing wood, flotation tubs, or objects placed on the surface of the grating.
(65) "Ganged equipment" means two or more pieces of mineral prospecting equipment coupled together to increase efficiency. An example is adding a second sluice to a high-banker.
(66) "General provisions" means those provisions that are in every HPA.
(67) "Gold and Fish pamphlet" means a document that details the rules for conducting small-scale and other prospecting and mining activities and that serves as the hydraulic project approval for certain mineral prospecting and mining activities in Washington state.
(68) "Gravity siphon aquatic mining" means any prospecting or mining activity that uses water drawn into a hose, pipe, or tube via the effects of gravity or siphon to excavate, concentrate, or process aggregate.
(69) "Habitat function" means the natural attributes of a given habitat that support the fish life that rely upon that habitat.
(((69)))(70) "Habitat value" means an estimate of habitat quality, ecologically important functions and the relative value of the hydraulic project site within the watershed.
(((70)))(71) "Hand-held equipment" means equipment held by hand and powered by internal combustion, hydraulics, pneumatics, or electricity. Examples are chainsaws, drills, and grinders.
(((71)))(72) "Hand-held mineral prospecting tools" means((:
(a)))tools used for mineral prospecting that are held by hand and ((are not))do not have moving parts powered, in whole or in part, by internal combustion, electricity, hydraulics, or pneumatics. Examples ((are metal detectors))include, but are not necessarily limited to, shovels, picks, trowels, hammers, and pry bars((, hand-operated winches, and battery-operated pumps specific to prospecting; and
(b) Vac-pacs)).
(((72)))(73) "Hand-held tools" means tools held by hand and are not powered by internal combustion, hydraulics, pneumatics, or electricity. Examples are shovels, rakes, hammers, pry bars, and cable winches. This definition does not apply to hand-held tools used for mineral prospecting. See "hand-held mineral prospecting tools."
(((73)))(74) "Hatchery" means any water impoundment or facility used for the captive spawning, hatching, or rearing of fish life.
(((74)))(75) "High-banker" means a stationary concentrator operated outside the wetted perimeter of the body of water from which the water is removed and that uses water supplied by hand or by pumping. A high-banker consists of a sluice box, hopper, and water supply. Aggregate is supplied to the high-banker by means other than suction dredging. This definition excludes rocker boxes. See Figure 1.
Figure 1: High-banker
(((75)))(76) "High-banking" means using a high-banker to recover minerals.
(((76)))(77) "Hydraulic drop" means an abrupt drop in water surface elevation.
(((77)))(78) "Hydraulic project" means the construction or performance of work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or freshwaters of the state.
(((78)))(79) "Hydraulic project approval" or "HPA" means:
(a) A written approval for a hydraulic project issued under this chapter and signed by the director of the department or the director's designee; or
(b) A verbal approval for an emergency hydraulic project issued under this chapter by the director of the department or the director's designee; or
(c) The following printed pamphlet approvals:
(i) A "Gold and Fish" pamphlet issued under this chapter by the department, which identifies and authorizes specific ((minor hydraulic project activities for))small scale mineral prospecting and placer mining activities; or
(ii) An "Aquatic Plants and Fish" pamphlet issued under this chapter by the department, which identifies and authorizes specific aquatic plant removal and control activities.
(((79)))(80) "Imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application.
(((80)))(81) "In-lieu fee (ILF) program" means a state or federal certified program authorizing a person pay a fee to a third party instead of conducting project-specific mitigation or buying credits from a mitigation or fish conservation bank.
(((81)))(82) "In-water blasting" means the use of explosives on, under, or in waters of the state, or in any location adjacent to the waters of the state, where blasting could impact fish life or habitat that supports fish life.
(((82)))(83) "Job site" means the area of ground including and immediately adjacent to the area where work is conducted under an HPA. For mineral prospecting and placer mining projects, the job site includes the excavation site.
(((83)))(84) "Joint aquatic resources permit application" or "JARPA" means a form provided by the department and other agencies that a person may submit to request a written HPA for a hydraulic project.
(((84)))(85) "Lake" means any natural standing fresh waters or artificially impounded natural fresh waters of the state, except impoundments of the Columbia and Snake rivers.
(((85)))(86) "Large woody material" means trees or tree parts larger than four inches in diameter and longer than six feet, or rootwads, wholly or partially waterward of the ordinary high water line.
(((86)))(87) "Macroalgae" means any of the nonvascular aquatic plant species (the red, green, or brown seaweeds) that can be seen without using a microscope. They may be attached to the substrate or other macroalgae by a holdfast, or found drifting individually or in mats.
(((87)))(88) "Maintenance" means repairing, remodeling, or making minor alterations to a facility or project to keep the facility or project in properly functioning and safe condition.
(((88)))(89) "Major modification" means any change to a hydraulic project approval that is not a minor modification.
(((89)))(90) "Marina" means a public or private facility providing boat moorage space, fuel, or commercial services. Commercial services include overnight or live-aboard boating accommodations.
(((90)))(91) "Marine terminal" means a public or private commercial wharf located in navigable waters of the state and used, or intended to be used, as a port or facility for storing, handling, transferring, or transporting goods to and from vessels.
(((91)))(92) "Mean annual flood" means the average of all the annual peak floods of record.
(((92)))(93) "Mean higher high water" or "MHHW" means the tidal elevation obtained by averaging each day's highest tide at a particular location over a period of nineteen years, as determined by National Oceanic and Atmospheric Administration (NOAA). It is measured from mean lower low water, which is a reference datum used to delineate waters of the state in saltwater areas.
(((93)))(94) "Mean lower low water" or "MLLW" means the 0.0 feet tidal elevation, as determined by NOAA. It is determined by averaging each day's lowest tide at a particular location over a period of nineteen years. MLLW is a reference datum used to delineate waters of the state in saltwater areas. NOAA provides detailed information on their "Tides, Currents, and Predictions" website.
(((94)))(95) "Mechanical harvesting and cutting" means partially removing or controlling aquatic plants by using aquatic mechanical harvesters, which cut and collect aquatic plants, and mechanical cutters, which only cut aquatic plants.
(((95)))(96) "Mineral prospect" or "mineral prospecting" means to excavate, process, or classify aggregate using hand-held mineral prospecting tools and mineral prospecting equipment.
(((96)))(97) "Mineral prospecting equipment" means any natural or manufactured device, implement, or animal (other than the human body) used in any aspect of prospecting for or recovering minerals.
(((97)))(98) "Mini high-banker" means a high-banker with a riffle area of three square feet or less. See Figure 2.
Figure 2: Mini high-banker
(((98)))(99) "Mini rocker box" means a rocker box with a riffle area of three square feet or less. See Figure 3.
Figure 3: Mini rocker box (top view and bottom view)
(((99)))(100) "Mining" means the production activity that follows mineral prospecting.
(((100)))(101) "Minor modification" means a small change in work timing or plans and specifications of a hydraulic project.
(((101)))(102) "Mitigation" means sequentially avoiding impacts, minimizing impacts, and compensating for remaining unavoidable impacts to fish life or habitat that supports fish life.
(((102)))(103) "Mitigation bank" means a site where wetlands or other aquatic resources are restored, created, enhanced, or preserved. The bank exists expressly to provide compensatory mitigation before unavoidable impacts to wetlands or other aquatic resources occur.
(((103)))(104) "Mitigation sequence" means the successive steps that the department and the applicant must consider and implement to protect fish life when constructing or performing work. These steps must be considered and implemented in the order listed:
(a) Avoid the impact altogether by not taking a certain action or parts of an action.
(b) Minimize unavoidable impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking steps to reduce impacts.
(c) Rectify the impact by repairing, rehabilitating, or restoring the affected environment.
(d) Reduce or eliminate the impact over time.
(e) Compensate for remaining unmitigated impacts by replacing, enhancing, or providing substitute resources or environments.
(f) Monitor the impact and take appropriate corrective measures to reach the identified goal.
(((104)))(105) "Motorized or gravity siphon equipment" means any form of motorized equipment including, but not limited to, a motorized suction dredge or a gravity siphon suction dredge, for the purpose of extracting gold, silver, or other precious metals, but does not include metals mining and milling operations as defined in RCW 78.56.020.
(106) "Multiple site permit" means a hydraulic project approval issued to a person under RCW 77.55.021 for hydraulic projects occurring at more than one specific location and which includes site-specific requirements.
(((105)))(107) "Natural conditions" means environmental situations that occur or are found in nature. This does not include artificial or manufactured conditions.
(((106)))(108) "Nearshore" means shallow waters where sunlight reaching the bed is sufficient to support the growth of submerged aquatic vegetation.
(((107)))(109) "Nearshore zone" means the three critical "edge" habitats as follows: The edge between upland and aquatic environments, the edge between the shallow productive zone and deep water, and the edge between fresh and marine waters.
(((108)))(110) "No net loss" means:
(a) Sequentially for avoiding impacts, minimizing unavoidable impacts, and compensating for remaining adverse impacts to fish life.
(b) Sequentially avoiding impacts, minimizing unavoidable impacts, and compensating for net loss of habitat functions necessary to sustain fish life.
(c) Sequentially avoiding impacts, minimizing unavoidable impacts, and compensating for loss of area by habitat type.
(d) Mitigation required to achieve no net loss should benefit the fish life being impacted.
(((109)))(111) "Ordinary high water line" or "OHWL" means the mark on the shores of all water that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years as to mark upon the soil or vegetation a character distinct from the abutting upland. Provided, that in any area where the ordinary high water line cannot be found, the ordinary high water line adjoining saltwater is the line of mean higher high water and the ordinary high water line adjoining freshwater is the elevation of the mean annual flood.
(((110)))(112) "Pan" means an open metal or plastic dish operated by hand to separate gold or other minerals from aggregate by washing the aggregate. See Figure 4.
Figure 4: Pan
(((111)))(113) "Panning" means the use of a pan to wash aggregate.
(((112)))(114) "Permanent ford" means a ford approved by the department that is in place for more than one operating season.
(((113)))(115) "Person" means an applicant, authorized agent, permittee, or contractor. The term person includes an individual, a public or private entity, or organization.
(((114)))(116) "Placer" means a glacial or alluvial deposit of gravel or sand containing eroded particles of minerals.
(((115)))(117) "Pool" means a portion of the stream with reduced current velocity, often with water deeper than the surrounding areas.
(((116)))(118) "Power sluice" means "high-banker."
(((117)))(119) "Power sluice/suction dredge combination" means a machine that can be used as a power sluice, or with minor modifications, as a suction dredge. See Figure 5.
Figure 5: Power sluices/suction dredge combination
(((118)))(120) "Process aggregate" or "processing aggregate" means the physical or mechanical separation of the valuable mineral content within aggregate.
(((119)))(121) "Protection of fish life" means avoiding, minimizing unavoidable impacts, and compensating for remaining impacts to fish life and the habitat that supports fish life through mitigation sequencing.
(((120)))(122) "Purple loosestrife" means Lythrum salicaria and Lythrum virgatum as classified in RCW 17.10.010(10) and defined in RCW 17.26.020 (5)(b).
(((121)))(123) "Qualified professional" means a scientist, engineer, or technologist specializing in a relevant applied science or technology including fisheries or wildlife biology, engineering, geomorphology, geology, hydrology, or hydrogeology. This person may be certified with an appropriate professional organization, and acting under that association's code of ethics and subject to disciplinary action by that association. A qualified professional can also be someone who, through demonstrated education, experience, accreditation, and knowledge relevant to the particular matter, may be reasonably relied on to provide advice within that person's area of expertise. This definition does not supersede other state laws that govern the qualifications of professionals that perform hydraulic projects.
(((122)))(124) "Redd" means a nest made in gravel, consisting of a depression dug by a fish for egg deposition, and associated gravel mounds. See Figure 6.
Figure 6: Cross-section of a typical redd
(((123)))(125) "Rehabilitation" means major work required to restore the integrity of a structurally deficient or functionally obsolete structure. This can include partial replacement of a structure.
(((124)))(126) "Replacement" means the complete removal of an existing structure and construction of a substitute structure in the same general location.
(((125)))(127) "Riffle" means:
(a) The bottom of a concentrator containing a series of interstices or grooves to catch and retain a mineral such as gold; or
(b) A short, relatively shallow and coarse-bedded length of stream over which the stream flows at higher velocity and higher turbulence than it normally does in comparison to a pool.
(((126)))(128) "River" means "watercourse."
(((127)))(129) "Riparian zones" means the land adjacent to streams, rivers, ponds, lakes, and those wetlands whose soils and vegetation are influenced by ponded or channelized water. They are the transition areas between aquatic and upland habitats often with elements of both ecosystems.
(((128)))(130) "Rocker box" means a nonmotorized concentrator consisting of a hopper attached to a cradle and a sluice box operated with a rocking motion. See Figure 7.
Figure 7: Rocker box
(((129)))(131) "Rotovation" means the use of aquatic rotovators, machines that have underwater rototiller-like blades, to uproot aquatic plants as a means of control.
(((130)))(132) "Roughened channel" means to construct a channel of a graded mix of sediment with enough roughness and hydraulic diversity to achieve fish passage. Roughened channels are designed to resist erosion and are often built at a steeper gradient than the prevailing channel.
(((131)))(133) "Saltwater area" means those state waters and associated beds waterward of the ordinary high water line in Puget Sound, the Strait of Juan de Fuca and the open coast. Saltwater areas include estuaries and other surface-water-connected wetlands that provide or maintain habitat that support fish life. This definition does not include irrigation ditches, canals, stormwater treatment and conveyance systems, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.
(((132)))(134) "Scientific measurement devices" means devices that measure and/or record environmental data, such as staff gauges, tide gauges, water recording devices, water quality testing and improvement devices, and similar instruments.
(((133)))(135) "Seagrass" means native Zostera species, Ruppia maritima, and Phyllospadix species.
(((134)))(136) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that must not be taken except as authorized by rule of the commission. The term shellfish includes all stages of development and the bodily parts of shellfish species.
(((135)))(137) "Sluice" means a trough equipped with riffles across its bottom used to recover gold and other minerals with the use of flowing water. See Figure 8.
Figure 8: Sluice
(((136)))(138) "Spartina" means Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens as classified in RCW 17.10.010(10) and defined in RCW 17.26.020 (5)(a).
(((137)))(139) "Special provisions" means those requirements that are part of a HPA, are site- or project-specific, and supplement or amend the technical provisions.
(((138)))(140) "Spiral wheel" means a hand-operated or battery-powered rotating pan used to recover gold and minerals with the use of water. See Figure 9.
Figure 9: Spiral wheel
(((139)))(141) "Stable slope" means a slope without measurable evidence of slumping, sloughing, or other movement. Stable slopes will not show evidence of landslides, uprooted or tilted trees, exposed soils, water-saturated soils, and mud, or the recent erosion of soils and sediment. Woody vegetation is typically present on stable slopes.
(((140)))(142) "Suction dredge" means any motorized or nonmotorized device that removes aggregate from the bed, banks, or uplands by means of vacuum created by water flowing through a tube or hose. Bulb snifters are not considered suction dredges. See Figure 10.
Figure 10: Suction dredge
(((141)))(143) "Suction dredging" means using a suction dredge to recover gold and other minerals.
(((142)))(144) "Tailings" means the waste material that remains after processing aggregate to remove valuable mineral content.
(((143)))(145) "Temporary ford" means a ford that is in place for no more than one operating season or less.
(((144)))(146) "Tide gate" means a one-way check valve that prevents the backflow of tidal water.
(((145)))(147) "Toe of the bank" means the distinct break in slope between the stream bank or shoreline and the stream bottom or marine beach or bed, excluding areas of sloughing. For steep banks that extend into the water, the toe may be submerged waterward of the ordinary high water line. For artificial structures, such as jetties or bulkheads, the toe refers to the base of the structure where it meets the stream bed or marine beach or bed.
(((146)))(148) "Toe of the slope" means the base or bottom of a slope at the point where the ground surface abruptly changes to a significantly flatter grade.
(((147)))(149) "Unimpeded fish passage" means the free movement of all fish species at any mobile life stage around or through a human-made or natural structure.
(((148)))(150) "Unstable slope" means a slope with visible or measurable evidence of slumping, sloughing, or other movement. Evidence of unstable slopes includes landslides, uprooted or tilted trees, exposed soils, water-saturated soils, and mud, or the recent erosion of soils and sediment. Woody vegetation is typically not present on unstable slopes.
(((149) "Vac-pac" means a motorized, portable vacuum that you use for prospecting. See Figure 11.
Figure 11: Vac-pac
(150)))(151) "Water crossing structures" means structures that span over, through, or under a watercourse. Examples are bridges, culverts, conduits, and fords.
(((151)))(152) "Water right" means a certificate of water right, a vested water right or a claim to a valid vested water right, or a water permit, under Title 90 RCW.
(((152)))(153) "Water body" means "waters of the state."
(((153)))(154) "Watercourse," "river" or "stream" means any portion of a stream or river channel, bed, bank, or bottom waterward of the ordinary high water line of waters of the state. Watercourse also means areas in which fish may spawn, reside, or pass, and tributary waters with defined bed or banks that influence the quality of habitat downstream. Watercourse also means waters that flow intermittently or that fluctuate in level during the year, and the term applies to the entire bed of such waters whether or not the water is at peak level. A watercourse includes all surface-water-connected wetlands that provide or maintain habitat that supports fish life. This definition does not include irrigation ditches, canals, stormwater treatment and conveyance systems, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.
(((154)))(155) "Waters of the state" or "state waters" means all salt and freshwaters waterward of the ordinary high water line and within the territorial boundary of the state.
(((155)))(156) "Weed rolling" means the use of a mechanical roller designed to control aquatic plant growth.
(((156)))(157) "Wetland(s)" is as defined in RCW 90.58.030.
(((157)))(158) "Wetted perimeter" means the areas of a watercourse covered with water. The wetted perimeter varies with flow, discharge, and tides.
(((158)))(159) "Woody vegetation" means perennial trees and shrubs having stiff stems and bark. Woody vegetation does not include grasses, forbs, or annual plants.
(((159)))(160) "Written notice" or "written notification" means a communication through U.S. mail or email.
AMENDATORY SECTION(Amending WSR 20-11-019, filed 5/12/20, effective 6/12/20)
WAC 220-660-050ProceduresHydraulic project approvals.
(1) Description:
(a) There are six categories of HPAs: Standard, emergency, imminent danger, chronic danger, expedited, and pamphlet. These categories are discussed in more detail throughout this section. Most HPAs issued by the department are standard HPAs. Guidance for applying for an HPA is provided on the department's website.
(b) HPAs do not exempt a person from obtaining other necessary permits and following the rules and regulations of local, federal, and other Washington state agencies.
(2) Fish life concerns: Construction and other work activities in or near water bodies can kill or injure fish life directly and can damage or destroy habitat that supports fish life. Damaged or destroyed habitat can continue to cause lost fish life production for as long as the habitat remains altered. HPAs help ensure construction and other work is done in a manner that protects fish life.
(3) Standard HPA:
(a) The department issues a standard HPA when a hydraulic project does not qualify for an emergency, imminent danger, chronic danger, expedited or pamphlet HPA. An individual standard HPA is limited to a single project site. Some special types of standard HPAs may cover multiple project sites.
(b) Special types of standard HPAs:
(i) Fish habitat enhancement project (FHEP) HPA.
(A) Projects must satisfy the requirements in RCW 77.55.181(1) to be processed as a fish habitat enhancement project.
(B) Projects that are compensatory mitigation for a development or other impacting project are not eligible. This includes proposals for mitigation banks or in-lieu fee mitigation proposals. The sole purpose of the project must be for fish habitat enhancement.
(C) The department may reject an FHEP proposed under RCW 77.55.181 if the local government raises concerns during the comment period that impacts from the project cannot be mitigated by conditioning the HPA. The department will reject an FHEP if the department determines that the size and the scale of the project raises public health or safety concerns. If the department rejects a project for streamlined processing, the department must provide written notice to the applicant and local government within forty-five days of receiving the application.
(D) An applicant whose fish habitat enhancement project is rejected may submit a new complete written application with project modifications or additional information required for streamlined processing. An applicant may request that the department consider the project under standard HPA processing procedures by submitting a new complete written application for standard processing.
(ii) Multisite HPA.
(A) A standard HPA may authorize work at multiple project sites if:
(I) All project sites are within the same water resource inventory area (WRIA) or tidal reference area;
(II) The primary hydraulic project is the same at each site so there is little variability in HPA provisions across all sites; and
(III) Work will be conducted at no more than five project sites to ensure department staff has sufficient time to conduct site reviews.
(B) The department may make an exception for projects the department has scoped prior to application submittal or when no prepermit issuance site visits are needed.
(iii) General HPA.
(A) The department may issue general HPAs to government agencies, organizations, or companies to perform the same work in multiple water bodies across a large geographic area.
(B) To qualify for a general HPA, projects must protect fish life:
(I) Technical provisions in the HPA must fully mitigate impacts to fish life;
(II) The projects must be relatively simple so that the HPA provisions are the same across all sites, and can therefore be permitted without site-specific provisions; and
(III) The projects must have little or no variability over time in site conditions or work performed.
(C) The general HPA will include a requirement that notice be given to the department when activities utilizing heavy equipment begin. The department may waive this requirement if the permittee and department meet annually to review scheduled activities for the upcoming year.
(D) The department and the applicant may negotiate the scope and scale of the project types covered. The department and the applicant must agree on the fish protection provisions required before the application is submitted.
(E) The department may reject applications for a general HPA if:
(I) The proposed project does not meet the eligibility requirements described in subsection (3)(b)(iii)(B) of this section; or
(II) The department and the applicant cannot agree on the fish protection provisions.
(F) The department must provide written notice of rejection of a general HPA application to the applicant. The applicant may submit a new complete written application with project modifications or additional information required for department consideration under standard HPA processing procedures.
(iv) "Model" HPA.
(A) The department will establish a "model" HPA application and permitting process for qualifying hydraulic projects. To qualify, an individual project must comply with the technical provisions established in the application. Hydraulic projects that qualify for the model process must:
(I) Fully mitigate impacts to fish life in the technical provisions of the HPA;
(II) Be a low complexity project that minimizes misinterpretation of the HPA provisions allowing the HPA to be permitted without site-specific provisions; and
(III) Meet all of the eligibility requirements described in the model application.
(B) If needed to confirm project eligibility, the department may conduct a site visit before approving or rejecting a model application.
(C) The department may reject applications for model HPAs if:
(I) The plans and specifications for the project are insufficient to show that fish life will be protected; or
(II) The applicant or authorized agent does not fill out the application completely or correctly.
(D) The department must provide written notice of rejection of an application to the applicant. The applicant may submit a new complete written application with project modifications or additional information required for department consideration under standard HPA processing procedures under this section, or may submit a new model application if the department rejected the application because the person did not fill out the original application correctly.
(4) Emergency HPA:
(a) Declaring an emergency.
(i) Authority to declare an emergency, or continue an existing declaration of emergency, is conveyed to the governor, the department, or to a county legislative authority by statute. An emergency declaration may be made when there is an immediate threat to life, the public, property, or of environmental degradation;
(ii) The county legislative authority must notify the department, in writing, if it declares an emergency;
(iii) Emergency declarations made by the department must be documented in writing;
(iv) When an emergency is declared, the department must immediately grant verbal approval upon request for work to protect life or property threatened by waters of the state because of the emergency, including repairing or replacing a stream crossing, removing obstructions, or protecting stream banks. The department may also grant written approval if the applicant agrees.
(b) If the department issues a verbal HPA, the department must follow up with a written HPA documenting the exact provisions of the verbal HPA within thirty days of issuing the verbal HPA.
(c) Compliance with the provisions of chapter 43.21C RCW (State Environmental Policy Act) is not required for emergency HPAs.
(d) The department may require a person to submit an as-built drawing within thirty days after the hydraulic project authorized in the emergency HPA is completed.
(e) Within ninety days after a hydraulic project authorized in an emergency HPA is completed, any remaining impacts must be mitigated or a mitigation plan must be submitted to the department for approval.
(5) Imminent danger HPA:
(a) Authority to declare imminent danger is conveyed to the department or county legislative authority by statute. The county legislative authority must notify the department in writing if it determines that an imminent danger exists.
(b) Imminent danger declarations made by the department must be documented in writing.
(c) When imminent danger exists, the department must issue an expedited HPA upon request for work to remove obstructions, repair existing structures, restore banks, and to protect fish life or property.
(d) When imminent danger exists, and before starting work, a person must submit a complete written application to the department to obtain an imminent danger HPA. Compliance with the provisions of chapter 43.21C RCW (State Environmental Policy Act) is not required for imminent danger HPAs.
(e) Imminent danger HPAs must be issued by the department within fifteen calendar days after receiving a complete written application. Work under an imminent danger HPA must be completed within sixty calendar days of the date the HPA is issued.
(f) Within ninety days after a hydraulic project authorized in an imminent danger HPA is completed, any remaining impacts must be mitigated or a mitigation plan must be submitted to the department for approval.
(6) Chronic danger HPA:
(a) The department must issue a chronic danger HPA upon request for work required to abate the chronic danger. This work may include removing obstructions, repairing existing structures, restoring banks, restoring road or highway access, protecting fish life, or protecting property.
(b) Authority to declare when a chronic danger exists is conveyed to a county legislative authority by statute. A chronic danger is a condition in which any property, except for property located on a marine shoreline, has experienced at least two consecutive years of flooding or erosion that has damaged or has threatened to damage a major structure, water supply system, septic system, or access to any road or highway.
(c) The county legislative authority must notify the department in writing when it determines a chronic danger exists.
(d) When chronic danger is declared, and before starting work, a person must submit a complete written application to the department to obtain a chronic danger HPA. Unless the project also satisfies the requirements for fish habitat enhancement projects identified in RCW 77.55.181 (1)(a)(ii), compliance with the provisions of chapter 43.21C RCW (State Environmental Policy Act) is required. Projects that meet the requirements in RCW 77.55.181 (1)(a)(ii), will be processed under RCW 77.55.181(3), and the provisions of chapter 43.21C RCW will not be required.
(7) Expedited HPA:
(a) The department may issue an expedited HPA when normal processing would result in significant hardship for the applicant or unacceptable environmental damage would occur.
(b) Before starting work, a person must submit a complete written application to the department to obtain an HPA.
(c) Compliance with the provisions of chapter 43.21C RCW (State Environmental Policy Act) is not required for expedited HPAs. The department must issue expedited HPAs within fifteen calendar days after receipt of a complete written application. Work under an expedited HPA must be completed within sixty calendar days of the date the HPA is issued.
(d) Within ninety days after a hydraulic project authorized in an expedited HPA is completed, any remaining impacts must be mitigated or a mitigation plan must be submitted to the department for approval.
(8) Pamphlet HPA:
(a) There are two pamphlet HPAs, Gold and Fish and Aquatic Plants and Fish, that cover the most common types of small scale mineral prospecting and removing or controlling aquatic plants, respectively. A person must follow the provisions in the pamphlet. If a person cannot follow the provisions, or disagrees with any provision, the permittee must apply for a standard HPA before starting the hydraulic project.
(b) A person must review a pamphlet HPA before conducting the authorized hydraulic project.
(c) When a pamphlet HPA is used, the permittee must have the pamphlet HPA on the job site when conducting work and the pamphlet must be immediately available for inspection by the department upon request.
(d) All persons conducting the project must follow all provisions of the pamphlet HPA.
(e) The department may grant exceptions to a pamphlet HPA only if a person applies for a standard individual HPA for the project.
(f) Pamphlet HPAs do not exempt a person from obtaining other appropriate permits and following the rules and regulations of local, federal, and other Washington state agencies.
(9) How to get an HPA:
(a) How to get a pamphlet HPA: A person can download and save or print a pamphlet HPA from the department's website. A person may also request a pamphlet HPA from the department either verbally or in writing.
(b) How to get an emergency HPA: Upon an emergency declaration, and before starting emergency work, a person must obtain a verbal or written HPA from the department. A complete written application is not required. However, a person must provide adequate information describing the proposed action. Compliance with the provisions of chapter 43.21C RCW (State Environmental Policy Act), is not required for emergency HPAs. A person may request a verbal or written emergency HPA from the biologist who issues HPAs for the geographic area where the emergency is located Monday through Friday from 8:00 a.m. to 5:00 p.m. If the biologist cannot be contacted or it is after business hours, a person must contact the emergency hotline at 360-902-2537 to request an emergency HPA.
(c) How to get a standard, expedited, or chronic danger HPA:
(i) A person must submit a complete written application to the department to obtain an HPA unless the project qualifies for one of the following:
(A) A pamphlet HPA, subsection (3) of this section; or
(B) An emergency HPA, subsection (5) of this section.
(ii) When applying for an HPA, a person must submit one of the following application forms to the department:
(A) The electronic online application developed by the department;
(B) The current version of the JARPA;
(C) The current version of the JARPA including the most recent version of the application for streamlined processing of fish habitat enhancement projects when applying for streamlined processing under RCW 77.55.181. These may be submitted to the department as attachments to the online application form;
(D) The most recent version of the model HPA application or other department-approved alternative applications available from the department's public website; or
(E) The current version of the JARPA if applying for approval of a watershed restoration project under RCW 77.55.171. This may be submitted to the department as an attachment to the online application form.
(iii) A complete application package for an HPA must contain:
(A) A completed application form signed and dated by the applicant, landowner(s) or landowner representative(s) of any project site or off-site mitigation location, and the authorized agent, if any. Completing and submitting the application forms through the department's online permitting system is the same as providing signature and date, if all documents required during the online application process are submitted to the department. The property owner, if different than the applicant, or easement holder must consent to the department staff entering the property where the project is located to inspect the project site or any work;
(B) Plans for the overall project;
(C) Complete plans and specifications for all aspects of the proposed construction or work waterward of the mean higher high water line in salt water, or waterward of the ordinary high water line in fresh water;
(D) A description of the measures that will be implemented for the protection of fish life, including any reports assessing impacts from the hydraulic project to fish life and their habitat, and plans to mitigate those impacts to ensure the project results in no net loss;
(E) For a standard or chronic danger HPA application, a copy of the written notice from the lead agency demonstrating compliance with any applicable requirements of the State Environmental Policy Act under chapter 43.21C RCW, unless otherwise provided for in chapter 77.55 RCW; or the project qualifies for a specific categorical exemption under chapter 197-11 WAC;
(F) Written approval by one of the entities specified in RCW 77.55.181 if the applicant is proposing a fish enhancement project;
(G) For an expedited HPA application, an explanation of why normal processing would result in significant hardship for the applicant or unacceptable environmental damage.
(H) For a standard HPA application for mineral prospecting involving motorized or gravity siphon equipment, a copy of a permit issued under the federal Clean Water Act by Washington department of ecology that authorizes the use of that equipment at the location proposed, or written notice from Washington department of ecology declaring that a federal Clean Water Act permit is not required.
(I) When applying for a standard written HPA for mineral prospecting work within the wetted perimeter outside of the allowable work times authorized in WAC 220-660-300 and 220-660-305, a person must identify the upstream and downstream extent of each project location within a stream. The location of each site can be no greater than the length contained within a registered mining claim, if the project occurs on a claim, or one thousand three hundred linear feet of stream, if the project does not occur on a claim.
(iv) HPA application submission:
(A) A person must submit the complete application package by:
(I) Using the department's online permitting system;
(II) Sending the package via mail to:
Department of Fish and Wildlife
P.O. Box 43234
Olympia, WA 98504-3234;
(III) Sending the package via email to: HPAapplications@dfw.wa.gov;
(IV) Sending the package via fax to: 360-902-2946;
(V) Uploading the package to a file transfer protocol site acceptable to the department; or
(VI) Hand delivering the package to the department at 1111 Washington Street S.E., Olympia, WA 98504, Habitat Program, Fifth Floor. The department will not accept applications submitted elsewhere or by other than the applicant or authorized agent.
(B) Dimensions of printed documents submitted with the application package may not be larger than eleven inches by seventeen inches. Pages of documents submitted may not be bound except by paper clips or other temporary fastening.
(C) A person must submit applications and supporting documents with a combined total of thirty or more pages as digital files rather than printed documents. All digital files must be in formats compatible with Microsoft Word, Microsoft Excel, or Microsoft Access programs, or in PDF, TIFF, JPEG, or GIF formats.
(D) Applications submitted to the habitat program during normal business hours (8:00 a.m. to 5:00 p.m. Pacific Standard Time) are deemed received on the date the habitat program receives the application. The department may declare applications received by the habitat program after normal business hours as received on the next business day.
(10) Incomplete applications:
(a) Within ten days of receipt of the application, the department must determine whether an application meets the requirements of this section. If the department determines the application does not meet the requirements, the department will provide written or emailed notification of an incomplete application to the applicant or authorized agent. This written or emailed notification must include a description of information needed to make the application complete. The department may return the incomplete application to the applicant or authorized agent or hold the application on file until it receives the missing information. The department will not begin to process the application until it receives all information needed to complete the application.
(b) The applicant or authorized agent must submit additional information in response to a written notification of incomplete application through the department's online permitting system or to the department's habitat program, Olympia headquarters office. The department will not accept additional information submitted elsewhere or by other than the applicant or authorized agent.
(c) The department may close any application that has been incomplete for more than twelve months. The department must provide the applicant or authorized agent with written notification at least one week before closing the application and must provide the option for the applicant or authorized agent to postpone the closure for up to one year. The department must provide the applicant with written notification at the time it closes the application. After an application is closed, the applicant or authorized agent must submit a new complete application to receive further consideration of the project.
(d) The department may reject a standard HPA application for mineral prospecting involving motorized or gravity siphon equipment if the proposed project location or locations are in an area in which Washington department of ecology is prohibited under RCW 90.48.615 from issuing a permit under the federal Clean Water Act.
(11) Application review period:
(a) Once the department determines an application is complete, the department will provide to tribes and local, state, and federal permitting or authorizing agencies a seven-calendar-day review and comment period. The department will not issue the HPA before the end of the review period to allow all interested tribes and agencies to provide comments to the department. The department may consider all written comments received when issuing or provisioning the HPA. The review period is concurrent with the department's overall review period. Emergency, imminent danger, expedited, and modified HPAs are exempt from the review period requirement.
(b) Except for emergency, imminent danger, and expedited HPAs, the department will grant or deny approval within forty-five calendar days of the receipt of a complete written application. The department will grant approval of imminent danger and expedited HPAs within fifteen days of the receipt of a complete written application. The department will grant approval of emergency HPAs immediately upon request if an emergency declaration has been made.
(c) If the department declares an imminent danger, applicant hardship, or immediate threat regarding an application for expedited or emergency HPA, the department must place written documentation of that declaration and justification for it in the application record within three days of issuing the written HPA.
(12) Suspending the review period:
(a) An applicant or authorized agent may request a delay in processing a standard HPA. The applicant or authorized agent must submit a written request for the delay through the department's online permitting system or to the habitat program's Olympia headquarters office. The department may not accept delay requests submitted elsewhere or by a person other than the applicant or authorized agent.
(b) If the department suspends the review period, the department must immediately notify the applicant in writing of the reasons for the delay. The department may suspend the review period (with or without the applicant's concurrence) if:
(i) The site is physically inaccessible for inspection or not in a condition to be evaluated (i.e., snow cover, frozen);
(ii) The applicant or authorized agent remains unavailable or unable to arrange for a field evaluation of the proposed project within ten working days of the department's receipt of the application;
(iii) The applicant or authorized agent submits a written request for a delay;
(iv) The department is issuing an HPA for a stormwater discharge and is complying with the requirements of RCW 77.55.161 (3)(b); or
(v) The department is reviewing the application as part of a multiagency permit streamlining effort, and all participating permitting and authorizing agencies and the permit applicant agree to an extended timeline longer than forty-five calendar days.
(c) The department may close any application if the application has been delayed for processing more than twelve months for any of the reasons identified in subsection (12)(a) or (b) of this section. The department must provide the applicant or authorized agent with written notification at least one week before closing the application and must provide the option for the applicant or authorized agent to postpone the closure for up to one year. The department must provide the applicant with written notification at the time it closes the application. After an application is closed, the applicant or authorized agent must submit a new complete application to receive further consideration of the project.
(13) Issuing or denying a hydraulic project approval:
(a) Protection of fish life is the only grounds upon which the department may deny or provision an HPA, as provided in RCW 77.55.021. The department may not unreasonably withhold or condition approval of an HPA. The HPA provisions must reasonably relate to the project and must ensure that the project provides proper protection for fish life. The department may not impose provisions that attempt to optimize conditions for fish life that are out of proportion to the impact of the proposed project.
(b) The department may not deny an emergency, imminent danger, chronic danger, or an expedited HPA, as provided in RCW 77.55.021. However, these projects must comply with the provisions in this chapter that are included in an HPA. The department will deny any other type of HPA or request to change an existing HPA when the project will not protect fish life, unless enough mitigation can be assured by provisioning the HPA or modifying the proposal. If the department denies approval, the department must provide the applicant with a written statement of the specific reasons why and how the proposed project would adversely affect fish life, as provided in RCW 77.55.021.
(c) The department may place specific time limitations on project activities in an HPA to protect fish life.
(d) The department may require a person to notify the department before hydraulic project construction or other hydraulic project work starts, upon project completion, or at other times that the department deems necessary while the HPA is in effect. The department may also require a person to provide periodic written reports to assess HPA compliance.
(e) The HPA must contain provisions that allow for minor modifications to the work timing, plans, and specifications of the project without requiring the reissuance of the HPA, as long as the modifications do not adversely affect fish life or the habitat that supports fish life. The permittee should contact the habitat program's Olympia headquarters office through email or the department's online permit application system to request a minor modification.
(f) A person may propose or conduct a hydraulic project under an environmental excellence program agreement authorized under chapter 43.21K RCW. These projects must be applied for and permitted under the requirements of chapter 43.21K RCW.
(14) Hydraulic project approval expiration time periods:
(a) Except for emergency, imminent danger, expedited, and pamphlet HPAs, the department may grant standard HPAs that are valid for up to five years. The permittee must demonstrate substantial progress on construction of the portion of the project authorized in the HPA within two years of the date of issuance.
(b) Imminent danger and expedited HPAs are valid for up to sixty days, and emergency HPAs are valid for the expected duration of the emergency hydraulic project.
(c) Pamphlet HPAs remain in effect indefinitely until modified or rescinded by the department.
(d) The following types of agricultural hydraulic project HPAs remain in effect without the need for periodic renewal; however, a person must notify the department before starting work each year:
(i) Seasonal work that diverts water for irrigation or stock watering; and
(ii) Stream bank stabilization projects to protect farm and agricultural land if the applicant can show that the problem causing the erosion occurs annually or more frequently. Evidence of erosion may include history of permit application, approval, or photographs. Periodic floodwaters alone do not constitute a problem that requires an HPA.
(15) Requesting a time extension, renewal, modification, or transfer of a hydraulic project approval:
(a) The permittee may request a time extension, renewal, modification, or transfer of an active HPA. Before the HPA expires, the permittee or authorized agent must submit a written request through the department's online permitting system or to the habitat program's Olympia headquarters office. The department may not accept requests for delay, renewal, modification, or transfer of an HPA submitted elsewhere or by a person other than the permittee or authorized agent. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the permit number or application identification number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA if requesting a time extension, renewal, or modification, the reason for the requested change, the date of the request, and the requestor's signature. Requests for transfer of an HPA to a new permittee or authorized agent must additionally include a signed, written statement that the new permittee or authorized agent agrees to the conditions of the HPA, that they agree to allow the department access to the project location to inspect the project site, mitigation site, or any work related to the project, and that they will not conduct any project activities until the department has issued approval.
(b) Requests for time extensions, renewals, or modifications of HPAs are deemed received on the date received by the department. The department may declare applications submitted to habitat program after normal business hours as received on the next business day.
(c) Within forty-five days of the requested change, the department must approve or deny the request for a time extension, renewal, modification, or transfer of an approved HPA.
(d) Unless the new permittee or authorized agent requests a time extension, renewal, or modification of an approved HPA, the department may change only the name and contact information of the permittee or authorized agent and must not alter any provisions of the HPA except the project or location start dates when granting a transfer.
(e) A permittee may request a modification or renewal of an emergency HPA until the emergency declaration expires or is rescinded. Requests for changes to emergency HPAs may be verbal, but must contain all of the information in (a) of this subsection.
(f) The department must not modify or renew an HPA beyond the applicable five-year or sixty-day periods. A person must submit a new complete application for a project needing further authorization beyond these time periods.
(g) The department will issue a letter documenting an approved minor modification(s) and a written HPA documenting an approved major modification(s) or transfer.
(16) Modifications of a hydraulic project approval initiated by the department:
(a) After consulting with the permittee, the department may modify an HPA because of changed conditions. The modification becomes effective immediately upon issuance of a new HPA.
(b) For hydraulic projects that divert water for agricultural irrigation or stock watering, or when the hydraulic project or other work is associated with stream bank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, the department must show that changed conditions warrant the modification in order to protect fish life.
(17) Revoking an HPA.
(a) The department may revoke an HPA under the following conditions:
(i) At the written request of the permittee or authorized agent;
(ii) As the result of an informal or formal appeal decision;
(iii) As the result of a court ruling finding that the department issued the HPA in error;
(iv) Following change of a determination of nonsignificance or mitigated determination of nonsignificance to a determination of significance by a lead agency under chapter 43.21C RCW that applies to the hydraulic project approved by the HPA;
(v) The applicant did not correctly identify compliance with the requirements of chapter 43.21C RCW in the HPA application and the department was unaware of the error until after the HPA was issued;
(vi) Changed physical or biological conditions at the site of the hydraulic project have occurred before project initiation such that fish life cannot be protected if the project proceeds under the requirements of the existing HPA;
(vii) The permittee has not demonstrated substantial progress on construction of the hydraulic project within two years of the date of issuance as required in RCW 77.55.021 (9)(a). Substantial progress means initiation of work at any of the project locations identified in the HPA;
(viii) Duplicate HPAs have been issued for the same hydraulic project.
(b) The department must provide the permittee or authorized agent with written notification before revoking the HPA.
(c) The department must notify the permittee or authorized agent in writing immediately upon revoking the HPA.
(18) Requesting a preapplication determination:
(a) A person may request information or a technical assistance site visit from the department prior to submitting an HPA application or at any other time. The department will provide the requested information either verbally or in writing.
(b) If a person is unsure about whether proposed construction or other work landward of (above) the ordinary high water line requires an HPA, they may request a preapplication determination from the department under RCW 77.55.400. The department must evaluate the proposed project and determine if it is a hydraulic project and, if so, whether an HPA from the department is required to ensure proper protection of fish life.
(c) The preapplication determination request must be submitted through the department's online permitting system and must contain:
(i) A description of the proposed project, which must include the location of the ordinary high water line;
(ii) A map showing the location of the project site, which must include the location of the ordinary high water line; and
(iii) Preliminary plans and specifications of the proposed project, if available, which include the location of the ordinary high water line.
(d) The department must provide tribes and local governments a seven calendar day review and comment period. The department must consider all applicable written comments that it receives before it issues a determination as described in this subsection.
(e) The department must issue a written determination, including its rationale for the decision, within twenty-one calendar days of receiving the request.
(f) Chapter 43.21C RCW (state environmental policy) does not apply to preapplication determinations issued under this subsection.
(g) The department's preapplication determination decision may be appealed as provided in WAC 220-660-460 (Informal appeal of administrative action) or WAC 220-660-470 (Formal appeal of administrative action).
(19) Notice of intent to disapprove HPA applications:
(a) The department may disapprove HPA applications submitted by a project proponent who has failed to comply with a stop work order or notice to comply issued under WAC 220-660-480, or who has failed to pay civil penalties issued under WAC 220-660-480. The term "project proponent" has the same definition as in RCW 77.55.410.
(b) The department may disapprove HPA applications submitted by such project proponents for up to one year after the date on which the department issues a notice of intent to disapprove HPA applications, or until such project proponent pays all outstanding civil penalties and complies with all notices to comply and stop work orders issued under WAC 220-660-480, whichever is longer (disapproval period).
(c) The department must provide written notice of its intent to disapprove HPA applications to the project proponent and to any authorized agent or landowner identified in the application, in person or via United States mail, to the mailing address(es) listed on the project proponent's HPA application.
(d) The disapproval period begins on the date the department's notice of intent to disapprove HPA applications becomes final. The notice of intent to disapprove HPA applications becomes final thirty calendar days after the department issues it, or upon exhaustion of all applicable administrative and/or judicial remedies.
(e) Any project proponent issued a notice of intent to disapprove HPA applications may, within thirty days of the date of the notice, initiate a formal appeal of the notice as provided in WAC 220-660-470 (Formal appeal of administrative actions).
(f) The department will provide notice and waiver of fines, civil penalties, and administrative sanctions consistent with RCW 34.05.110 and WAC 220-660-480(12).
AMENDATORY SECTION(Amending WSR 19-12-126, filed 6/5/19, effective 11/1/19)
WAC 220-660-300Mineral prospecting.
(1) Description: Mineral prospecting projects excavate, process, or classify aggregate using hand-held mineral prospecting tools and mineral prospecting equipment. When prospectors locate valuable minerals through prospecting, they may attempt to recover larger quantities of the minerals using a variety of equipment, including suction dredges, high bankers, and heavy equipment. The rules in this section apply to ((using))the use of pans; nonmotorized sluice boxes; nonmotorized concentrators; minirocker boxes; and hand-held mineral prospecting tools ((and a variety of small mineral prospecting equipment)). This section does not apply to metals mining and milling operations as defined in chapter 78.56 RCW. Motorized mineral prospecting methods including, but not limited to, suction dredging ((is)), are not authorized in this section. See WAC 220-660-305 for ((suction dredging)) rules for motorized and gravity siphon methods.
(2) Fish life concerns: Mineral prospecting and mining activities can harm fish life and habitat that supports fish life.
(a) Direct impacts from mineral prospecting and mining activities can include:
(i) Mortality from the physical effects of disturbing eggs or fry incubating within the bed; and
(ii) Lower environmental productivity resulting from habitat modifications such as altered stream beds or lowered water quality.
(b) Indirect impacts can include changes in food resources and human disturbances.
(c) The department minimizes impacts of mineral prospecting by restricting the type of mining equipment allowed, limiting excavation zones within streams, and setting allowable timing windows.
(3) General requirements:
(a) A copy of the current Gold and Fish pamphlet is available from the department, and it contains the rules that a person must follow when using the pamphlet as the HPA for the mineral prospecting project.
(b) Alternatively, a person may request exceptions to the Gold and Fish pamphlet by applying for a standard written HPA as described in WAC 220-660-050. The department must deny an HPA when, in the judgment of the department, the project will result in direct or indirect harm to fish life, unless enough mitigation can be assured by provisioning the HPA or modifying the proposal. The department may apply saltwater provisions to written HPAs for tidally influenced areas upstream of river mouths and the mainstem Columbia River downstream of Bonneville Dam.
(c) Nothing in chapter 220-660 WAC relieves a person of the duty to obtain landowner permission and any other required permits before conducting any mineral prospecting activity.
(4) Mineral prospecting in freshwater without timing restrictions:
(a) A person may mineral prospect year-round in all fresh waters of the state, except lakes. A person must follow the rules listed below, but does not need to have the Gold and Fish pamphlet on the job site when working in fresh waters of the state.
(b) When mineral prospecting without timing restrictions, a person may use only hand-held mineral prospecting tools and the following nonmotorized mineral prospecting equipment:
(i) Pans((;
(ii) Spiral wheels)); and
(((iii)))(ii) Sluices, nonmotorized concentrators, mini rocker boxes, and nonmotorized mini high-bankers, with riffle areas totaling three square feet or less, including ganged equipment.
(iii) No other types of mineral prospecting tools or equipment are authorized under this subsection.
(c) A person may not use vehicle-mounted winches. A person may use one nonmotorized hand-operated winch to move boulders or large woody material that is not embedded or located within the wetted perimeter. A person may use additional cables, chains, or ropes to stabilize boulders, or large woody material that is not embedded.
(d) A person may work within the wetted perimeter only from one-half hour before official sunrise to one-half hour after official sunset.
(e) A person may not disturb fish life or redds within the bed. If a person observes or encounters fish life or redds within the bed, or actively spawning fish when collecting or processing aggregate, a person must relocate their operation. A person must avoid areas containing live freshwater mussels. If a person encounters live mussels during excavation, a person must relocate the operation.
(f) Aggregate excavation, collection, and removal:
(i) A person may excavate only by hand or with hand-held mineral prospecting tools.
(ii) A person may not excavate, collect, or remove aggregate from within the wetted perimeter. See Figures 1 and 2.
Figure 1: Cross section of a typical body of water, showing areas where excavation is not permitted under rules for mineral prospecting without timing restrictions. Dashed lines indicate areas where excavation is not permitted.
(iii) A person may work in only one excavation site at a time. However, a person may use a second excavation site as a settling pond. Multiple persons may work within a single excavation site.
(iv) When collecting or excavating aggregate, a person may not stand within, or allow aggregate to enter, the wetted perimeter.
(v) A person must fill all excavation sites and level all tailing piles before moving to another excavation site or abandoning an excavation site. If a person moves boulders, a person must return them, as well as possible, to their original location.
(vi) A person may not undermine, move, or disturb large woody material embedded in the slopes or located wholly or partially within the wetted perimeter. A person may move large woody material and boulders located entirely within the frequent scour zone, but a person must keep them within the frequent scour zone. A person may not cut large woody material. See Figure 2.
Figure 2: Permitted and prohibited excavation sites in a typical body of water under rules for mineral prospecting without timing restrictions. Dashed lines indicate areas where excavation is not permitted.
(vii) A person may not undermine, cut, or disturb live, rooted woody vegetation of any kind.
(viii) A person may not excavate, collect, or remove aggregate from the toe of the slope. A person also may not excavate, collect, or remove aggregate from an unstable slope or any slope that delivers, or might deliver sediment to the wetted perimeter or frequent scour zone. See Figures 3 and 4.
Figure 3: Limits on excavating, collecting, and removing aggregate on stream banks.
Figure 4: Excavating, collecting and removing aggregate within the wetted perimeter is not permitted.
(g) Processing aggregate:
(i) A person may stand within the wetted perimeter when processing aggregate with pans((, spiral wheels,)) and sluices.
(ii) A person may not stand on or process directly on redds, or disturb incubating fish life. A person may not allow tailings or visible sediment plumes (visibly muddy water) to enter redds or areas where fish life are located within the bed.
(iii) A person may not level or disturb tailing piles that remain within the wetted perimeter after processing aggregate.
(iv) If a person collected or excavated aggregate outside of the frequent scour zone, a person must classify it at the collection or excavation site before processing.
(v) When using a sluice, a person may process only classified aggregate within the wetted perimeter.
(vi) The maximum width of a sluice, measured at its widest point, including attachments, must not exceed twenty-five percent of the width of the wetted perimeter at the point of placement.
(vii) A person may process with a sluice only in areas within the wetted perimeter that are composed mainly of boulders and bedrock. A person must separate sluice locations by at least fifty feet. A person may not place structures within the wetted perimeter to check or divert the water flow.
(viii) A person may operate nonmotorized mini high-bankers or other concentrators only outside the wetted perimeter. Water may be supplied to the mini high-banker or concentrator only from natural stream flow or from hand-held buckets or containers and may not be supplied through a gravity siphon. A person may not allow visible sediment or muddy water to enter the wetted perimeter. A second excavation site may be used as a settling pond.
(ix) ((As provided in RCW 77.57.010 and 77.57.070, any device a person uses for pumping water from fish-bearing waters must be equipped with a fish guard to prevent fish from entering the pump intake. A person must screen the pump intake with material that has openings no larger than five sixty-fourths inch for square openings, measured side to side, or three thirty-seconds inch diameter for round openings, and the screen must have at least one square inch of functional screen area for every gallon per minute (gpm) of water drawn through it. For example, a one hundred gpm-rated pump would require a screen with a surface area of at least one hundred square inches.
(x))) A person may not excavate, collect, remove, or process aggregate within four hundred feet of any fishway, dam, or hatchery water intake.
(((xi)))(x) A person may not disturb existing fish habitat improvement structures or stream channel improvements.
(((xii) All equipment fueling and servicing must be done so that petroleum products do not enter the wetted perimeter or frequent scour zone. If a petroleum sheen or spill is observed, a person must immediately stop work, remove the equipment from the body of water, and contact the Washington military department emergency management division. A person may not return the equipment to the water until the problem is corrected. A person must store fuel and lubricants outside the frequent scour zone, and in the shade when possible.
(xiii)))(xi) If at any time, as a result of project activities, a person observes a fish kill or fish life in distress, a person must immediately cease operations and notify the department and the Washington military department emergency management division of the problem. A person may not resume work until the department gives approval. The department will require additional measures to mitigate the prospecting impacts.
(5) Mineral prospecting in fresh waters with timing restrictions:
(a) A person may mineral prospect in fresh waters of the state only during the times ((and with the mineral prospecting equipment limitations)) identified in subsection (7) of this section. A person must have the Gold and Fish pamphlet on the job site and comply with the provisions listed below.
(b) When mineral prospecting with timing restrictions, a person may use only nonmotorized hand-held mineral prospecting tools and the following mineral prospecting equipment:
(i) Pans; and
(ii) ((Spiral wheels;
(iii))) Sluices, nonmotorized concentrators, rocker boxes, and nonmotorized high-bankers, with riffle areas totaling ten square feet or less, including ganged equipment((;
(iv) Power sluice/suction dredge combinations, when configured and used as high-bankers or power sluices, that have riffle areas totaling ten square feet or less, including ganged equipment; and pump intake hoses with inside diameters of four inches or less; and
(v) High-bankers and power sluices that have riffle areas totaling ten square feet or less, including ganged equipment, and pump intake hoses with inside diameters of four inches or less)). Water may be supplied to the high-banker or concentrator only from natural stream flow or from hand-held buckets or containers and may not be supplied through a gravity siphon;
(iii) No other types of mineral prospecting tools or equipment are authorized under this subsection.
(c) The widest point of a sluice, including attachments, must not exceed twenty-five percent of the width of the wetted perimeter at the point of placement.
(d) ((The suction intake nozzle and hose of power sluice/suction dredge combinations may not be attached to the equipment or stored on the job site.
(e))) A person may not use vehicle-mounted winches. A person may use ((one motorized winch and)) one nonmotorized hand-operated winch to move boulders and large woody material that is not embedded, and additional cables, chains, or ropes to stabilize them.
(((f)))(e) Equipment separation:
(i) A person may use hand-held mineral prospecting tools; pans((; spiral wheels)); or sluices, mini rocker boxes, or nonmotorized mini high-bankers with riffle areas totaling three square feet or less, including ganged equipment, as close to other mineral prospecting equipment as desired.
(ii) When operating any sluice or rocker box with a riffle area larger than three square feet (including ganged equipment), ((power sluice/suction dredge combination,))or nonmotorized high-banker, ((or power sluice within the wetted perimeter,)) a person's equipment must be at least two hundred feet from all others also operating ((this type of equipment or a suction dredge))mineral prospecting equipment. This separation is measured as a radius from the center of the equipment the person is operating. A person may locate this equipment closer than two hundred feet if only one piece of equipment is ((actually operating))being used within that two hundred foot radius.
(iii) When operating any sluice or rocker box with a riffle area larger than three square feet (including ganged equipment), ((power sluice/suction dredge combination, high-banker, or power sluice))or nonmotorized high-banker outside of the wetted perimeter that discharges tailings or wastewater to the wetted perimeter, a person's equipment must be at least two hundred feet from all others also operating ((this type of equipment or a suction dredge))mineral prospecting equipment. This separation is measured as a radius from the center of the equipment the person is operating. A person may locate this equipment closer than two hundred feet if only one piece of equipment is ((actually operating))being used within that two hundred-foot radius.
(((g) As provided in RCW 77.57.010 and 77.57.070, any device a person uses for pumping water from fish-bearing waters must be equipped with a fish guard to prevent fish from entering the pump intake. A person must screen the pump intake with material that has openings no larger than five sixty-fourths inch for square openings, measured side to side, or three thirty-seconds inch diameter for round openings, and the screen must have at least one square inch of functional screen area for every gallon per minute (gpm) of water drawn through it. For example, a one hundred gpm-rated pump would require a screen with a surface area of at least one hundred square inches.
(h) All equipment fueling and servicing must be done so that petroleum products do not enter the wetted perimeter or frequent scour zone. If a petroleum sheen or spill is observed, a person must immediately stop work, remove the equipment from the body of water, and contact the Washington military department emergency management division. A person may not return the equipment to the water until the problem is corrected. A person must store fuel and lubricants outside the frequent scour zone, and in the shade when possible.
(i)))(f) A person may work within the wetted perimeter or frequent scour zone only from one-half hour before official sunrise to one-half hour after official sunset. If a person's mineral prospecting equipment exceeds one-half the width of the wetted perimeter of the stream, a person must remove the equipment from the wetted perimeter or move it so that at least fifty percent of the wetted perimeter is free of equipment from one-half hour after official sunset to one-half hour before official sunrise.
(((j)))(g) A person may not excavate, collect, remove, or process aggregate within four hundred feet of any fishway, dam, or hatchery water intake.
(((k)))(h) A person must not disturb existing fish habitat improvement structures or stream channel improvements.
(((l)))(i) A person may not undermine, move, or disturb large woody material embedded in the slopes or located wholly or partially within the wetted perimeter. A person may move large woody material and boulders located entirely within the frequent scour zone, but a person must keep them within the frequent scour zone. A person may not cut large woody material.
(((m)))(j) A person may not undermine, cut, or disturb live, rooted woody vegetation of any kind.
(((n)))(k) A person may work in only one excavation site at a time. However, a person may use a second excavation site as a settling pond. Multiple individuals may work within a single excavation site.
(((o)))(l) A person must fill all excavation sites and level all tailing piles before moving to another excavation site or abandoning an excavation site.
(((p)))(m) A person may not excavate, collect, or remove aggregate from the toe of the slope. A person also may not excavate, collect, or remove aggregate from an unstable slope or any slope that delivers, or might deliver, sediment to the wetted perimeter or frequent scour zone. See Figures 5 and 6.
Figure 5: Cross section of a typical body of water showing unstable slopes, stable areas, and permitted or prohibited excavation sites under rules for mineral prospecting with timing restrictions. Dashed line indicates areas where excavation is not permitted.
Figure 6: Permitted and prohibited excavation sites in a typical body of water under rules for mineral prospecting with timing restrictions. Dashed lines indicates areas where excavation is not permitted.
(((q)))(n) A person may partially divert a body of water into mineral prospecting equipment. However, at no time may the diversion structure be greater than fifty percent of the width of the wetted perimeter, including the width of the equipment. A person may not divert the body of water outside of the wetted perimeter.
(((r)))(o) A person may use materials only from within the wetted perimeter, or artificial materials from outside the wetted perimeter, to construct the diversion structure by hand. Before abandoning the site, a person must remove artificial materials used to construct a diversion structure and restore the site to its approximate original condition.
(((s)))(p) A person may process aggregate collected from the frequent scour zone:
(i) At any location if a person uses pans; ((spiral wheels;)) mini rocker boxes; nonmotorized mini high-bankers; or sluices or other nonmotorized concentrators with riffle areas three square feet or less, including ganged equipment.
(ii) Only in the frequent scour zone or upland areas landward of the frequent scour zone if a person uses ((power sluice/suction dredge combinations,))nonmotorized high-bankers((, or power sluices)) with riffle areas totaling ten square feet or less, including ganged equipment; or sluices or rocker boxes that have riffle areas larger than three, but less than ten square feet, including ganged equipment. A person may not discharge tailings to the wetted perimeter when using this equipment. However, a person may discharge wastewater to the wetted perimeter if its entry point into the wetted perimeter is at least two hundred feet from any other wastewater discharge entry point.
(((t)))(q) A person may process aggregate collected from upland areas landward of the frequent scour zone:
(i) At any location if a person uses pans; ((spiral wheels;)) or sluices, nonmotorized concentrators, mini rocker boxes, and nonmotorized mini high-bankers with riffle areas totaling three square feet or less, including ganged equipment. A person must classify the aggregate at the excavation site before processing with this equipment within the wetted perimeter or frequent scour zone.
(ii) Only at an upland location landward of the frequent scour zone if a person uses ((power sluice/suction dredge combinations;))nonmotorized high-bankers((; power sluices;)) or rocker boxes. A person may not allow tailings or wastewater to enter the wetted perimeter or frequent scour zone.
(iii) Within the wetted perimeter or frequent scour zone if a person uses a sluice with a riffle area greater than three square feet. A person must classify the aggregate at the excavation site prior to processing with a sluice with a riffle area exceeding three square feet.
(((u) A person may use pressurized water only for crevicing or for redistributing dredge tailings within the wetted perimeter. No other use of pressurized water is permitted.
(v) A person may conduct crevicing in the wetted perimeter, in the frequent scour zone, or landward of the frequent scour zone. The hose connecting fittings of pressurized water tools used for crevicing may not have an inside diameter larger than three-quarters of an inch. If a person crevices landward of the frequent scour zone, no sediment or wastewater may be discharged into the wetted perimeter or the frequent scour zone.
(w)))(r) A person must avoid areas containing live freshwater mussels. If a person encounters live mussels during excavation, a person must relocate the operation.
(((x)))(s) A person may not disturb redds. If a person observes or encounters redds or actively spawning fish when collecting or processing aggregate, a person must relocate the operation.
(((y)))(t) If at any time, as a result of project activities, a person observes a fish kill or fish life in distress, a person must immediately stop operations and notify the department and the Washington military department emergency management division of the problem. A person may not resume work until the department gives approval. The department will require additional measures to mitigate the prospecting impacts.
(6) Mineral prospecting on ocean beaches:
(a) A person may mineral prospect year-round on ocean beaches of the state. A person must follow the rules listed below, and must have the Gold and Fish pamphlet on the job site when working on ocean beaches of the state, except as noted in this subsection.
(b) A person may mineral prospect only between the line of ordinary high tide and the line of extreme low tide on beaches within the Seashore Conservation Area set under RCW 79A.05.605 and managed by Washington state parks and recreation commission.
(c) No written or pamphlet HPA is required to mineral prospect south of the Copalis River, if a person operates landward of the upper limit of ghost shrimp burrowing in the beach; waterward of the ordinary high tide line; and a person does not use fresh water from fish-bearing streams during operations. See Figure 7.
Figure 7. Beach area where no written or pamphlet HPA is required.
(d) A person may use only nonmotorized hand-held mineral prospecting tools and the following nonmotorized mineral prospecting equipment:
(i) Pans; and
(ii) ((Spiral wheels;
(iii))) Sluices, nonmotorized concentrators, rocker boxes, and nonmotorized high-bankers with riffle areas totaling ten square feet or less, including ganged equipment((;
(iv) Power sluice/suction dredge combinations, when configured and used as high-bankers or power sluices, that have riffle areas totaling ten square feet or less, including ganged equipment; and
(v) High-bankers and power sluices that have riffle areas totaling ten square feet or less, including ganged equipment, and pump intake hoses with inside diameters of four inches or less.
(e) The suction dredge intake nozzle and hose of power sluice/suction dredge combinations may not be attached to the equipment or stored on the job site)).
(((f)))(e) When operated in fish-bearing freshwater streams, the widest point of a sluice, including attachments, must not exceed twenty-five percent of the width of the wetted perimeter at the point of placement.
(f) Water may be supplied to a high-banker or concentrator only from natural stream flow or from hand-held buckets or containers and may not be supplied through a gravity siphon.
(g) A person may not use vehicle-mounted winches. A person may use ((one motorized winch and)) one nonmotorized hand-operated winch to move boulders and large woody material that is not embedded, and additional cables, chains, or ropes to stabilize them.
(h) ((Under RCW 77.57.010 and 77.57.070, any device a person uses for pumping water from fish-bearing waters must be equipped with a fish guard to prevent fish from entering the pump intake. A person must screen the pump intake with material that has openings no larger than five sixty-fourths inch for square openings, measured side to side, or three thirty-seconds inch diameter for round openings, and the screen must have at least one square inch of functional screen area for every gallon per minute (gpm) of water drawn through it. For example, a one hundred gpm-rated pump would require a screen with a surface area of at least one hundred square inches.
(i) All equipment fueling and servicing must be done so that petroleum products do not enter the wetted perimeter. If a petroleum sheen or spill is observed, a person must immediately stop work, remove the equipment from the body of water and beach, and contact the Washington military department emergency management division. A person may not return the equipment to the water or beach until the problem is corrected. A person must store fuel and lubricants away from the water inside a vehicle or landward of the beach, and in the shade when possible.
(j))) A person may work only from one-half hour before official sunrise to one-half hour after official sunset. If a person uses mineral prospecting equipment in a fish-bearing freshwater stream and the equipment exceeds one-half the width of the wetted perimeter of the stream, a person must remove the equipment from the wetted perimeter or move it so that at least fifty percent of the wetted perimeter is free of equipment from one-half hour after official sunset to one-half hour before official sunrise.
(((k)))(i) A person may not undermine, cut, disturb, or move embedded large woody material or woody debris jams.
(((l)))(j) A person may work in only one excavation site at a time. However, a person may use a second excavation site as a settling pond. Multiple persons may work within a single excavation site.
(((m)))(k) A person must backfill all trenches, depressions, or holes created in the beach during project activities before moving to another excavation site (except during use as a settling pond) or leaving an excavation site.
(((n)))(l) A person may partially divert a body of water into mineral prospecting equipment. However, at no time may the diversion structure be greater than fifty percent of the width of the wetted perimeter of a fish-bearing freshwater stream, including the width of the equipment. A person may not divert the body of water outside of the wetted perimeter.
(((o)))(m) A person may use materials only from within the wetted perimeter, or artificial materials from outside the wetted perimeter, to construct the diversion structure by hand. Before abandoning the site, a person must remove artificial materials used to construct a diversion structure and restore the site to its approximate original condition.
(((p) A person may use pressurized water only for redistributing dredge tailings within the wetted perimeter. No other use of pressurized water is permitted.
(q)))(n) A person may not disturb live razor clams or other shellfish within the bed. If a person observes or encounters live razor clams or other shellfish during excavation, the person must relocate the operation.
(((r)))(o) If at any time, as a result of project activities, a person observes a fish kill or fish life in distress, a person must immediately stop operations and notify the department, and the Washington military department emergency management division of the problem. A person may not resume work until the department gives approval. The department will require additional measures to mitigate the prospecting impacts.
(7) Authorized work times by specific state waters for mineral prospecting and placer mining projects:
(a) A person may conduct mineral prospecting and placer mining under subsections (5) and (6) of this section only in the state waters and during the times specified in the following table of authorized work times.
(b) The general work time for a county applies to all state waters within that county unless otherwise indicated in the table.
(c) The work time for state waters identified in the table of authorized work times applies to all its tributaries, unless otherwise indicated. Some state waters occur in multiple counties. Check the table for the county in which mineral prospecting or placer mining is to be conducted to determine the work time for that water body.
(d) Where a tributary is identified as a boundary, that boundary is the line perpendicular to the receiving stream that is projected from the most upstream point of the tributary mouth to the opposite bank of the receiving stream. See Figure 8.
(e) Mineral prospecting and placer mining within water bodies identified in the table of authorized work times as "submit application" are not authorized under the Gold and Fish pamphlet. A person must obtain a standard written HPA to work in these water bodies.
Figure 8: Where the boundary is located if a tributary listed as a boundary.
Table 1
Authorized Work Times by Specific State Waters for Mineral Prospecting and Placer Mining Projects
Washington Counties and State Waters (Water Resource Inventory Area (WRIA) in parentheses)
Mineral Prospecting is Allowed Only Between These Dates
Adams County
July 1 - October 31
Crab Creek (41.0002)
July 16 - February 28
Esquatzel Creek (36.MISC)
June 1 - February 28
Palouse River (34.0003)
July 16 - February 28
Asotin County
July 16 - September 15
Snake River (35.0002)
See Below
Alpowa Creek (35.1440)
July 16 - December 15
Asotin Creek (35.1716)
July 16 - August 15
Couse Creek (35.2147)
July 16 - December 15
Grande Ronde River (35.2192)
July 16 - September 15
Ten Mile Creek (35.2100)
July 16 - December 15
Benton County
June 1 - September 30
Columbia River
See Below
Glade Creek (31.0851)
August 1 - September 30
Yakima River (37.0002)
June 1 - September 15
Amon Wasteway (37.0009)
June 1 - September 30
Corral Creek (37.0002)
June 1 - September 30
Spring Creek (37.0205)
June 1 - September 30
Chelan County
July 16 - August 15
Columbia River
See Below
Antoine Creek (49.0294) - Mouth to falls at river mile 1.0
July 1 - February 28
Antoine Creek (49.0294) - Upstream of falls at river mile 1.0
July 1 - March 31
Chelan River (47.0052) - Mouth to Chelan Dam
July 16 - September 30
Colockum Creek (40.0760)
July 1 - October 31
Entiat River (46.0042) - Mouth to Entiat Falls
July 16 - July 31
Entiat River (46.0042) - Upstream of Entiat Falls
July 16 - March 31
Crum Canyon (46.0107)
July 16 - March 31
Mad River (46.0125)
July 16 - July 31
Indian Creek (46.0128)
July 16 - February 28
Lake Chelan (47.0052)
Submit Application
Railroad Creek (47.0410)
July 16 - September 30
Stehekin River (47.0508)
Submit Application
Twenty-Five Mile Creek (47.0195)
July 16 - September 30
Other Lake Chelan tributaries outside of North Cascades National Park
July 1 - August 15
Other Lake Chelan tributaries within North Cascades National Park
Submit Application
Number 1 Canyon (45.0011)
July 1 - February 28
Number 2 Canyon (45.0012)
July 1 - February 28
Squilchuck Creek (40.0836) - Mouth to South Wenatchee Avenue
July 1 - September 30
Squilchuck Creek (40.0836) - Upstream of South Wenatchee Avenue
July 1 - February 28
Stemilt Creek (40.0808) - Mouth to falls
July 1 - September 30
Stemilt Creek (40.0808) - Upstream of falls
July 1 - February 28
Wenatchee River (45.0030) - Mouth to Hwy 2 Bridge in Leavenworth
July 15 - September 30
Wenatchee River (45.0030) - Hwy 2 Bridge in Leavenworth to Lake Wenatchee
July 15 - August 15
Beaver Creek (45.0751)
July 1 - September 30
Chiwaukum Creek (45.0700)
July 1 - July 31
Chiwawa River (45.0759) - Mouth to Phelps Creek
July 1 - July 31
Chiwawa River (45.0759) - Upstream of Phelps Creek
July 1 - July 31
Deep Creek (45.0764)
July 1 - February 28
Phelps Creek (45.0875)
July 16 - August 15
Icicle Creek (45.0474) - Mouth to Johnny Creek
July 1 - July 31
Icicle Creek (45.0474) - Upstream of Johnny Creek
July 1 - July 31
Fourth of July Creek (45.0525)
July 1 - February 28
Lake Wenatchee (45.0030)
Submit Application
Little Wenatchee (45.0985) - Mouth to Wilderness Boundary
July 1 - July 31
Little Wenatchee (45.0985) - Upstream of Wilderness Boundary
Submit Application
White River (45.1116) - Mouth to White River Falls
July 1 - July 31
White River (45.1116) - Upstream of White River Falls
July 1 - February 28
Nason Creek (45.0888)
July 1 - July 31
Peshastin Creek (45.0232) - Mouth to Etienne Creek
July 16 - August 15
Peshastin Creek (45.0232) - Upstream of Etienne Creek
August 1 - February 28
Ingalls Creek (45.0273) - Mouth to Cascade Creek
Submit Application
Ingalls Creek (45.0273) - Upstream of Cascade Creek
July 16 - February 28
Etienne Creek (45.0323) - Mouth to falls at stream mile 2.9
Submit Application
Etienne Creek (45.0323) - Upstream of falls at stream mile 2.9
July 16 - February 28
Ruby Creek (45.0318)
July 16 - February 28
Tronson Creek (45.0346)
August 1 - February 28
Scotty Creek (45.0376)
August 1 - February 28
Shaser Creek (45.0365)
August 1 - February 28
Clallam County
July 16 - September 15
Clallam River (19.0129)
August 1 - August 15
Dungeness River (18.0018)
Submit Application
Independent Creek (18.MISC)
August 1 - August 31
Elwha River (18.0272)
August 1 - August 15
Hoko River (19.0148)
August 1 - September 15
Jimmycomelately Creek (17.0285)
August 1 - August 31
Lake Ozette (20.0046)
Submit Application
Little Quilcene River (17.0076)
July 16 - August 31
Lake Ozette tributaries
July 16 - September 15
Lyre River (19.0031)
August 1 - September 15
McDonald Creek (18.0160)
August 1 - September 15
Morse Creek (18.0185)
August 1 - August 15
Ozette River (20.0046)
July 16 - September 15
Pysht River (19.0113)
August 1 - September 15
Quillayute River (20.0096, 20.0162, 20.0175)
August 1 - August 15
Bogachiel River (20.0162)
Submit Application
Calawah River (20.0175)
August 1 - August 15
Salmon Creek (17.0245)
July 16 - August 31
Sekiu River (19.0203)
August 1 - September 15
Snow Creek (17.0219)
July 16 - August 31
Sol Duc River (20.0096)
Submit Application
Lake Pleasant (20.0313)
Submit Application
Lake Pleasant tributaries
July 16 - September 15
Sooes River (20.0015)
July 16 - September 15
Clark County
July 16 - September 30
Columbia River
See Below
Lacamas Creek (28.0160) - Mouth to dam
August 1 - August 31
Lacamas Creek (28.0160) - Upstream of dam
August 1 - September 30
Lewis River (27.0168)
August 1 - August 15
East Fork Lewis River (27.0173) - Mouth to Lucia Falls
August 1 - August 15
East Fork Lewis River (27.0173) - Lucia Falls to Sunset Falls
August 1 - February 28
East Fork Lewis River (27.0173) - Upstream of Sunset Falls
August 1 - February 28
Lake River (28.0020)
January 1 - December 31
Burnt Bridge Creek (28.0143)
August 1 - August 31
Salmon Creek (28.0059)
August 1 - August 31
Whipple Creek (28.0038)
August 1 - September 30
North Fork Lewis River (27.0334) - Confluence of East Fork to Merwin Dam
August 1 - August 15
Cedar Creek (27.0339)
August 1 - September 15
North Fork Lewis River (27.0334) - Merwin Dam to Lower Falls
July 16 - August 15
Canyon Creek (27.0442)
July 16 - February 28
North Fork Lewis River (27.0168) - Upstream of Lower Falls
July 16 - August 15
Washougal River (28.0159) - Mouth to headwaters
August 1 - August 31
Columbia County
July 16 - September 30
Touchet River (32.0097)
August 1 - August 15
Grande Ronde River tributaries (35.2192)
July 16 - August 15
North Fork Touchet/Wolf Fork (32.0761)
Submit Application
South Fork Touchet (32.0708)
Submit Application
Tucannon River (35.0009)
July 16 - August 15
Walla Walla River (32.0008) - Mouth to Oregon state line
July 16 - September 15
Mill Creek (32.1436) - Mouth to Oregon state line
August 1 - August 15
Cowlitz County
July 16 - September 30
Chehalis River (22.0190/23.0190) - South Fork Chehalis River - Mouth to Fisk Falls
August 1 - August 31
Chehalis River (22.0190/23.0190) - South Fork Chehalis River - Upstream of Fisk Falls
August 1 - August 31
Columbia River
See Below
Abernathy Creek (25.0297)
July 16 - September 15
Burke Creek (27.0148)
August 1 - August 31
Burris Creek (27.0151)
August 1 - August 31
Bybee Creek (27.0142)
August 1 - August 31
Canyon Creek (27.0147)
August 1 - August 31
Coal Creek (25.0340)
July 16 - September 15
Clark Creek (25.0371)
August 1 - August 31
Cowlitz River (26.0002) - Mouth to barrier dam at river mile 49.5
July 16 - August 15
Coweeman River (26.0003) - Mouth to Baird Creek
August 1 - August 31
Coweeman River (26.0003) - Upstream of Baird Creek
August 1 - August 31
Cowlitz River (26.0002) - Tributaries below barrier dam to mouth
July 16 - September 30
Owl Creek (26.1441)
July 16 - September 15
Toutle River (26.0227)
July 16 - August 15
North Fork Toutle River (26.0314) - Mouth to Debris Dam
July 16 - August 15
North Fork Toutle River (26.0314) - Upstream of Debris Dam
July 16 - August 15
Green River (26.0323) - Mouth to Shultz Creek
July 16 - September 30
Green River (26.0323) - Upstream of Shultz Creek
July 16 - September 30
South Fork Toutle (26.0248) - Mouth to Bear Creek
July 16 - September 15
South Fork Toutle (26.0248) - Upstream of Bear Creek
July 16 - September 15
Tributaries to Silver Lake
July 16 - September 30
Germany Creek (25.0313)
July 16 - September 15
Kalama River (27.0002) - Mouth to Kalama Falls
August 1 - August 15
Kalama River (27.0002) - Upstream of Kalama Falls
August 1 - August 15
Lewis River (27.0168) - Mouth to East Fork Lewis River
August 1 - August 15
North Fork Lewis River (27.0334) - Confluence of East Fork to Merwin Dam
August 1 - August 15
North Fork Lewis River (27.0334) - Merwin Dam to Lower Falls
July 16 - August 15
Mill Creek (25.0284)
July 16 - September 15
Schoolhouse Creek (27.0139)
August 1 - August 31
Douglas County
July 1 - September 30
Columbia River
See Below
Douglas Creek Canyon (44.0146)
May 16 - January 31
Foster Creek (50.0065)
August 1 - April 15
McCarteney Creek (44.0002)
July 1 - February 28
Pine/Corbaley Canyon Creek (44.0779)
September 16 - April 15
Rock Island Creek (44.0630)
July 1 - September 30
Ferry County
July 1 - August 31
Columbia River
See Below
Kettle River (60.0002)
June 16 - August 31
Boulder Creek (60.0130) - Mouth to Hodgson Road Bridge
Submit Application
Boulder Creek (60.0130) - Upstream of Hodgson Road Bridge
June 16 - February 28
Deadman Creek (60.0008) - Mouth to SR395 Crossing
Submit Application
Deadman Creek (60.0008) - Upstream of SR395
June 16 - February 28
Goosmus Creek (60.0254)
June 16 - February 28
Toroda Creek (60.0410)
July 1 - September 30
San Poil River (52.0004)
June 16 - September 30
Granite Creek (52.0099) - Mouth to Powerhouse Dam
June 16 - September 30
Granite Creek (52.0099) - Upstream of Powerhouse Dam
June 16 - February 28
West Fork San Poil River (52.0192) - Mouth to Deep Creek
June 16 - September 30
West Fork San Poil River (52.0192) - Upstream of Deep Creek
June 16 - September 30
Gold Creek (52.0197)
June 16 - February 28
Franklin County
June 1 - September 30
Columbia River
See Below
Snake River
See Below
Palouse River (34.0003)
July 16 - February 28
North bank tributaries of the lower Snake River between Palouse River and the mouth of the Snake River
June 16 - October 31
Garfield County
July 16 - September 30
Snake River (35.0003)
See Below
Alpowa Creek (35.1440)
July 16 - December 15
Asotin Creek (35.1716)
July 16 - August 15
Deadman Creek (35.0688)
July 16 - December 15
Grande Ronde River tributaries (35.2192)
July 16 - August 15
Meadow Creek (35.0689)
July 16 - December 15
Tucannon River (35.0009) - Mouth to Panjab Creek
July 16 - August 15
Tucannon River (35.0009) - Upstream of Panjab Creek
July 16 - August 15
Pataha Creek (35.0123) - Mouth to Pataha Creek
January 1 - December 31
Pataha Creek (35.0123) - Upstream of Pataha Creek
July 16 - December 31
Grant County
July 1 - October 31
Columbia River
See Below
Crab Creek (41.0002)
July 16 - September 15
Grays Harbor County
July 16 - October 15
Chehalis River (22.0190/23.0190) - Mouth to Porter Creek
August 1 - August 31
Chehalis River (22.0190/23.0190) - Porter Creek to Fisk Falls
August 1 - August 15
Chehalis River (22.0190/23.0190) - Upstream of Fisk Falls
August 1 - August 15
Cedar Creek (23.0570)
August 1 - September 30
Cloquallum Creek (22.0501)
August 1 - September 30
Porter Creek (23.0543)
August 1 - September 30
Satsop River (22.0360)
August 1 - August 31
Wishkah River (22.0191)
August 1 - October 15
Wynoochee River (22.0260)
August 1 - September 30
Copalis River (21.0767)
August 1 - October 15
Elk River (22.1333)
July 1 - October 31
Hoquiam River (22.0137)
August 1 - October 15
Humptulips River (22.0004) - Mouth to Forks
August 1 - September 30
Humptulips River (22.0004) - Upstream of Forks
August 1 - September 30
Johns River (22.1270)
August 1 - September 30
Moclips River (21.0731)
August 1 - October 15
North River (24.0034)
August 1 - September 30
Queets River (21.0001)
August 1 - August 15
Quinault River (21.0398)
August 1 - August 15
Raft River (21.0337)
August 1 - October 15
Island County
June 16 - October 15
Cavalero Creek (06.0065)
June 16 - December 15
Chapman Creek (06.0070)
June 16 - December 15
Crescent Creek (06.0002)
June 16 - December 15
Cultus Creek (06.0026)
June 16 - March 15
Deer Creek (06.0024)
June 16 - March 15
Dugualla Creek (06.0001)
June 16 - March 15
Glendale Creek (06.0025)
June 16 - December 15
Kristoferson Creek (06.0062-06.0063)
May 1 - December 15
Maxwelton Creek (06.0029)
June 16 - December 15
North Bluff Creek (06.0006)
June 16 - March 15
Old Clinton Creek (06.0023)
June 16 - March 15
Jefferson County
July 16 - October 31
Big Quilcene River (17.0012) - Mouth to falls
July 16 - August 31
Big Quilcene River (17.0012) - Falls to Forks
August 1 - February 28
Big Quilcene River (17.0012) - Upstream of Forks
August 1 - February 28
Bogachiel River (20.0162)
Submit Application
Chimacum Creek (17.0203)
July 16 - September 15
Donovan Creek (17.0115)
July 1 - October 15
Dosewallips River (16.0442)
July 16 - August 15
Duckabush River (16.0351)
July 16 - August 15
Dungeness River (18.0018)
August 1 - August 15
Elwha River (18.0272)
August 1 - August 15
Goodman Creek (20.0406)
August 1 - September 15
Hoh River (20.0422)
August 1 - August 15
Little Quilcene River (17.0076)
July 16 - August 31
Queets River (21.0001)
August 1 - August 15
Matheny Creek (21.0165)
August 1 - August 15
Sams River (21.0205)
August 1 - August 15
Quinault River (21.0398)
August 1 - August 15
Salmon Creek (17.0245)
July 16 - August 31
Skokomish River (16.0001)
August 1 - August 31
Snow Creek (17.0219)
July 16 - August 31
Tarboo Creek (17.0129)
August 1 - September 30
Thorndyke Creek (17.0170)
August 1 - October 15
King County
July 16 - September 30
Cedar River (08.0299) - Mouth to Forks
August 1 - August 31
Cedar River (08.0299) - Upstream of Forks
August 1 - August 31
Issaquah Creek (08.0178)
August 1 - August 31
Sammamish River (08.0057)
August 1 - August 31
Steele Creek (08.0379)
July 16 - February 28
Green River (Duwamish River) (09.0001) - Mouth to Sawmill Creek
August 1 - August 31
Green River (Duwamish River) (09.0001) - Upstream of Sawmill Creek
August 1 - August 31
Lake Washington tributaries (08.LKWA)
August 1 - August 31
Snoqualmie River (07.0219) - Mouth to Snoqualmie Falls
August 1 - August 15
Snoqualmie River (07.0219) - Snoqualmie Falls to mouth of South Fork
July 16 - February 28
Patterson Creek (07.0376)
July 16 - September 30
Middle Fork Snoqualmie River (07.0219) - Mouth to Taylor Creek
July 16 - February 28
Middle Fork Snoqualmie River (07.0219) - Upstream of Taylor Creek
July 16 - February 28
Goat Creek (07.0754)
July 16 - February 28
North Fork Snoqualmie River (07.0527) - Mouth to Lennox Creek
July 16 - February 28
North Fork Snoqualmie River (07.0527) - Upstream of Lennox Creek
July 16 - February 28
Deep Creek (07.0562)
July 16 - February 28
Illinois Creek (07.0624)
July 16 - February 28
Lennox Creek (07.0596)
July 16 - February 28
Bear Creek (07.0606)
July 16 - February 28
Raging River (07.0384)
August 1 - September 15
South Fork Skykomish River (07.0012) - Mouth to Sunset Falls
August 1 - August 15
South Fork Skykomish River (07.0012) - Upstream of Sunset Falls
August 1 - August 15
Beckler River (07.1413) - Mouth to Boulder Creek
August 1 - August 15
Beckler River (07.1413) - Upstream of Boulder Creek
July 16 - February 28
Rapid River (07.1461) - Mouth to Meadow Creek
August 1 - August 31
Rapid River (07.1461) - Upstream of Meadow Creek
August 1 - February 28
Index Creek (07.1264) - Mouth to Mud Lake Creek
August 1 - August 31
Index Creek (07.1264) - Upstream of Mud Lake Creek including Salmon Creek
July 16 - February 28
Miller River (07.1329) - Mouth to Forks
August 1 - August 15
Miller River (07.1329) - Upstream of Forks
August 1 - August 15
Coney Creek (07.1347)
July 16 - February 28
East Fork Miller River (07.1329) - Mouth to Great Falls Creek
July 16 - August 15
East Fork Miller River (07.1329) - Upstream of Great Falls Creek
July 16 - February 28
Foss River (07.1562) - Mouth to Forks
July 16 - August 31
East Fork Foss River (07.1562) - Mouth to Burn Creek
July 16 - August 15
East Fork Foss River (07.1562) - Upstream of Burn Creek
July 16 - February 28
West Fork Foss River (07.1573) - Mouth to falls at river mile 2.0
July 16 - August 31
West Fork Foss River (07.1573) - Upstream of falls at river mile 2.0
July 16 - February 28
West Fork Miller River (07.1335)
July 16 - February 28
Money Creek (07.1300) - Mouth to 0.5 mile upstream of Kimball Creek
August 1 - August 31
Money Creek (07.1300) - Upstream of 0.5 mile upstream of Kimball Creek
August 1 - February 28
Kimball Creek (07.1301)
August 1 - August 31
Tye River (07.0012) - Mouth to Alpine Falls
August 1 - August 31
Tye River (07.0012) - Upstream of Alpine Falls
July 16 - February 28
South Fork Snoqualmie River (07.0467)
July 16 - February 28
Denny Creek (07.0517)
July 16 - February 28
Tolt River (07.0291) - Mouth to Forks
August 1 - August 31
North Fork Tolt River (07.0291) - Mouth to Yellow Creek
July 16 - September 15
North Fork Tolt River (07.0291) - Upstream of Yellow Creek
July 16 - February 28
South Fork Tolt River (07.0302) - Mouth to dam
July 16 - September 15
South Fork Tolt River (07.0302) - Upstream of Tolt Reservoir
July 16 - February 28
Yellow Creek (07.0337)
July 16 - February 28
White River (10.0031)
July 16 - August 15
Greenwater River (10.0122)
July 16 - August 15
Kittitas County
July 1 - September 30
Brushy Creek (40.0612)
July 1 - February 28
Colockum Creek (40.0760)
July 1 - October 31
Quilomene Creek (40.0613)
July 1 - October 31
Stemilt Creek (40.0808) - Upstream of falls
July 1 - February 28
Tarpiscan Creek (40.0723)
July 1 - February 28
Tekiason Creek (40.0686)
July 1 - February 28
Whiskey Dick Creek (40.0591)
July 1 - February 28
Yakima River (39.0002) - Roza Dam to Teanaway River
August 1 - August 31
Naches River (38.0003) - Tieton River to Bumping River
July 1 - August 15
Little Naches River (38.0852) - Mouth to Matthew Creek
July 16 - August 15
Little Naches River (38.0852) - Upstream of Matthew Creek
July 16 - August 15
Pileup Creek (38.0932)
July 16 - August 31
Gold Creek (38.MISC)
July 16 - February 28
Swauk Creek (39.1157)
July 16 - September 30
Baker Creek (39.1157)
July 16 - September 30
First Creek (39.1157)
July 16 - September 30
Iron Creek (39.1157)
July 16 - September 30
Williams Creek (39.1157)
July 16 - September 30
Boulder Creek (39.1157)
July 16 - February 28
Cougar Gulch (39.1157)
July 16 - February 28
Lion Gulch (39.1157)
July 16 - February 28
Yakima River (39.0002) - Teanaway River to Easton Dam
August 1 - August 31
Yakima River (39.0002) - Upstream of Easton Dam
August 1 - August 31
Cle Elum River (39.1434) - Mouth to dam
July 16 - August 31
Cle Elum River (39.1434) - Upstream of Cle Elum Dam
Submit Application
Big Boulder Creek (39.1434MISC)
August 1 - February 28
Camp Creek (39.1434MISC)
August 1 - February 28
Fortune Creek (39.1434MISC)
August 1 - August 15
South Fork Fortune Creek (39.1434MISC)
August 1 - February 28
Howson Creek (39.1434)
July 16 - February 28
Little Salmon Le Sac Creek (39.1482)
August 1 - August 15
Paris Creek (39.1434MISC)
August 1 - February 28
Salmon Le Sac Creek (39.1520)
August 1 - February 28
Kachess River (39.1739) - Upstream of Lake Kachess
Submit Application
Kachess River (39.1739) - Below dam
July 16 - August 15
Box Canyon Creek (39.1765)
Submit Application
Mineral Creek (39.1792)
August 1 - August 15
Lake Keechelus (39.1842) tributaries
July 16 - August 15
Gold Creek (Lake Keechelus) (39.1842)
Submit Application
Manastash Creek (39.0988)
July 16 - September 30
Naneum Creek (39.0821)
July 16 - September 30
Taneum Creek (39.1081) - Mouth to I-90
July 16 - August 31
Taneum Creek (39.1157) - Upstream of I-90
July 16 - September 30
Teanaway River (39.1236)
July 16 - August 31
NF Teanaway River (39.1260)
Submit Application
Umtanum Creek (39.0553)
July 16 - September 30
Wenas Creek, Below dam (39.0032)
July 16 - October 15
Wenas Creek, Upstream of Wenas Lake (39.0032)
July 16 - February 28
Other Yakima River tributaries not listed
July 16 - August 31
Kitsap County
July 16 - October 15
Anderson Creek (15.0211)
August 1 - November 15
Barker Creek (15.0255)
August 1 - September 30
Big Beef Creek (15.0389)
August 1 - August 15
Big Scandia Creek (15.0280)
August 1 - September 30
Blackjack Creek (15.0203)
August 1 - September 30
Burley Creek (15.0056)
August 1 - September 30
Chico Creek (15.0229)
August 1 - October 15
Clear Creek (15.0249)
August 1 - September 30
Curley Creek (15.0185)
August 1 - September 30
Dewatto River (15.0420)
August 1 - August 15
Dogfish Creek (15.0285)
August 1 - August 15
Gorst Creek (15.0216)
August 1 - August 15
Grovers Creek (15.0299)
August 1 - August 31
Johnson Creek (15.0387)
August 1 - October 31
Ollala Creek (15.0107)
August 1 - September 30
Ross Creek (15.0209)
August 1 - November 15
Salmonberry Creek (15.0188)
August 1 - November 30
Seabeck Creek (15.0400)
August 1 - August 15
Steele Creek (15.0273)
August 1 - September 30
Tahuya River (15.0446)
August 1 - August 31
Union River (15.0503)
August 1 - August 31
Klickitat County
July 15 - September 30
Alder Creek (31.0459)
August 1 - September 30
Chapman Creek (31.0192)
August 1 - September 30
Glade Creek (31.0851)
August 1 - September 30
Juniper Canyon Creek (31.0378)
August 1 - September 30
Klickitat River (30.0002) - Mouth to Klickitat hatchery
Submit Application
Klickitat River (30.0002) - Upstream of Klickitat hatchery
Submit Application
Little White Salmon River (29.0131) - Mouth to Cabbage Creek
July 16 - January 31
Little White Salmon River (29.0131) - Upstream of Cabbage Creek
July 16 - January 31
Pine Creek (31.0354)
August 1 - September 30
Rock Creek (31.0014)
August 1 - September 30
Six Prong Creek (31.0465)
August 1 - September 30
White Salmon River (29.0160) - Mouth to Cascade Creek
July 16 - August 15
White Salmon River (29.0160) - Upstream of Cascade Creek
July 16 - August 15
Wood Gulch Creek (31.0263)
August 1 - September 30
Lewis County
August 1 - September 30
Chehalis River (22.0190/23.0190) - Mouth to South Fork Chehalis River
August 1 - August 15
Chehalis River (22.0190/23.0190) - Upstream of South Fork Chehalis River
August 1 - August 31
Newaukum River (23.0882) - Mouth to South Fork
August 1 - August 31
Newaukum River (23.0882) - Upstream of South Fork
August 1 - August 31
Skookumchuck River (23.0761)
August 1 - August 31
Cowlitz River (26.0002)
August 1 - August 15
Cispus River (26.0668) - Mouth to Squaw Creek (26.1010)
August 1 - August 15
Cispus River (26.0668) - Squaw Creek to Chambers Creek
July 16 - February 28
Cispus River (26.0668) - Upstream of Chambers Creek
July 16 - February 28
Yellowjacket Creek (26.0757)
August 1 - August 15
McCoy Creek (26.0766) - Mouth to lower falls
August 1 - August 15
McCoy Creek (26.0766) - Upstream of lower falls
July 16 - February 28
Walupt Creek (26.1010)
Submit Application
Packwood Lake tributaries
August 16 - September 15
Tilton River (26.0560) - Mouth to North Fork
August 1 - September 30
Tilton River (26.0560) - Upstream of North Fork
August 1 - September 30
Toutle River (26.0227)
August 1 - August 31
North Fork Toutle River (26.0314)
July 16 - August 15
Green River (26.0323)
July 16 - September 30
Deschutes River (13.0028)
July 16 - August 31
Little Deschutes River (13.0110)
July 16 - February 28
Nisqually River (11.0008) - Upstream of Alder Lake
July 16 - September 30
Lincoln County
June 16 - February 28
Columbia River
See Below
Hawk Creek (53.0101) - Mouth to falls
June 16 - August 31
Hawk Creek (53.0101) - Upstream of falls
June 16 - February 28
Upper Crab Creek (42.0001)
June 16 - February 28
Wilson Creek (43.0020)
June 16 - February 28
Mason County
August 1 - October 15
Cloquallum Creek (22.0501)
August 1 - September 30
Coulter Creek (15.0002)
August 1 - August 31
Dewatto River (15.0420)
August 1 - August 31
Goldsborough Creek (14.0035)
August 1 - October 15
John Creek (16.0253)
August 1 - August 31
Hamma Hamma River (16.0251) - Mouth to falls
August 1 - August 31
Johns Creek (14.0049)
August 1 - August 15
Lilliwaup River (16.0230) - Mouth to falls
August 1 - August 31
Lilliwaup River (16.0230) - Upstream of falls
August 1 - February 28
Mill Creek (14.0029)
August 1 - August 15
Satsop River (22.0360)
August 1 - August 31
Schaerer Creek (16.0326)
August 1 - August 31
Sherwood Creek (14.0094)
August 1 - August 15
Skokomish River (16.0001) - Mouth to Forks
August 1 - August 31
Skokomish River (16.0001) - Upstream of Forks
August 1 - August 31
Tahuya River (15.0446)
August 1 - August 31
Twanoh Creek (14.0134)
August 1 - October 31
Union River (15.0503)
August 1 - August 31
Okanogan County
July 1 - August 15
Aneas Creek (49.0243) - Mouth to falls
July 16 - August 31
Aneas Creek (49.0243) - Upstream of falls
July 1 - March 31
Chewiliken Creek (49.0232) - Mouth to falls
July 16 - August 31
Chewiliken Creek (49.0232) - Upstream of falls
July 1 - March 31
Chiliwist Creek (49.0034) - Mouth to falls
July 16 - August 31
Chiliwist Creek (49.0034) - Upstream of falls
July 1 - March 31
Foster Creek (50.0065)
July 1 - February 28
Methow River (48.0007) - Columbia confluence to Twisp River
July 1 - July 31
Methow River tributaries between Black Canyon Creek and Gold Creek
July 1 - February 28
Black Canyon Creek (48.0015) - Mouth to Left Fork
Submit Application
Black Canyon Creek (48.0015) - Upstream of Left Fork
July 1 - February 28
Gold Creek (48.0104) - Mouth to Foggy Dew Creek
Submit Application
Foggy Dew Creek (48.0153) - Mouth to Foggy Dew Falls
Submit Application
Foggy Dew Creek (48.0153) - Upstream of Foggy Dew Falls
July 1 - February 28
Middle Fork Gold Creek (48.0139)
July 1 - February 28
North Fork Gold Creek (48.0104)
Submit Application
Crater Creek (48.0177) - Mouth to Martin Creek
Submit Application
Crater Creek (48.0177) - Upstream of Martin Creek
July 1 - February 28
Martin Creek (48.0177)
July 1 - February 28
South Fork Gold Creek (48.0105) - Mouth to Rainy Creek
Submit Application
South Fork Gold Creek (48.0105) - Upstream of Rainy Creek
July 1 - February 28
Rainy Creek (48.0105)
July 1 - February 28
McFarland Creek (48.0090) - Mouth to Vinegar Gulch
Submit Application
McFarland Creek (48.0090) - Upstream of Vinegar Gulch
July 1 - February 28
Methow River tributaries between Libby Creek and Beaver Creek
July 1 - February 28
Beaver Creek (48.0307)
Submit Application
Frazer Creek (48.0309)
July 1 - February 28
Lightning Creek (48.0361)
July 1 - February 28
Middle Fork Beaver Creek (48.0307)
July 1 - February 28
South Fork Beaver Creek (48.0342)
July 1 - February 28
Libby Creek (48.0203) - Mouth to Hornet Draw Creek
Submit Application
Libby Creek (48.0203) - Upstream of Hornet Draw
July 1 - February 28
Methow River (48.0007) - Twisp River to Goat Creek
July 1 - July 31
Methow River (48.0007) - Upstream of Goat Creek
July 1 - July 31
Chewuch River (48.0728) - Mouth to Meadow Creek
July 1 - July 31
Chewuch River (48.0728) - Upstream of Meadow Creek
July 1 - February 28
Early Winters Creek (48.1408) - Mouth to Silver Star Creek
Submit Application
Early Winters Creek (48.1408) - Upstream of Silver Star Creek
July 1 - February 28
Goat Creek (48.1364) - Mouth to 500 feet upstream of Montana Creek
Submit Application
Goat Creek (48.1364) - 500 feet Upstream of Montana Creek to Roundup Creek
July 1 - February 28
Goat Creek (48.1364) - Upstream of Roundup Creek
Submit Application
Lost River (48.0592)
July 16 - August 15
Twisp River (48.0374)
July 1 - July 31
Buttermilk Creek (48.0466)
Submit Application
North Creek (48.0674)
Submit Application
North Fork Twisp River (48.0691)
July 1 - February 28
South Creek (48.0641) - Upstream of Louis Creek
July 1 - February 28
South Creek (48.0641) - Mouth to Louis Creek
Submit Application
South Fork Twisp River (48.0698)
July 1 - February 28
Wolf Creek (48.1300)
Submit Application
Myers Creek (60.0517)
July 1 - February 28
Bolster Creek (60.0517)
July 1 - February 28
Ethel Creek (60.0517)
July 1 - February 28
Gold Creek (60.0517)
July 1 - February 28
Mary Ann Creek (60.0517)
July 1 - February 28
North Fork Mary Ann Creek (60.0517)
July 1 - February 28
Okanogan River (49.0019) - Mouth to Zosel Dam
July 1 - August 31
Antoine Creek (49.0294) - Mouth to velocity gradient at river mile 1.0
July 1 - February 28
Antoine Creek (49.0294) - Upstream of falls
July 1 - March 31
Bonaparte Creek (49.0246) - Upstream of falls
July 1 - March 31
Bonaparte Creek (49.0246) - Mouth to Bonaparte Falls at river mile 1.0
July 1 - February 28
Loup Loup Creek (49.0048) - Mouth to Loup Loup Falls at river mile 2.4
July 1 - February 28
Loup Loup Creek (49.0048) - Upstream of Loup Loup Falls at river mile 2.4
July 1 - March 31
Mosquito Creek (49.0321) - Mouth to falls
July 1 - August 31
Mosquito Creek (49.0321) - Upstream of falls
July 1 - March 31
Nine Mile Creek (49.0516)
July 1 - February 28
Omak Creek (49.0138) - Mouth to Mission Falls at river mile 5.4
July 1 - February 28
Omak Creek (49.0138) - Upstream of falls
July 1 - March 31
Salmon Creek (49.0079) - Mouth to diversion
July 1 - August 31
Salmon Creek (49.0079) - Upstream of diversion
July 1 - February 28
Similkameen River (49.0325) - Mouth to Enloe Dam
July 1 - August 31
Similkameen River (49.0325) - Enloe Dam to Palmer Creek
June 1 - October 31
Similkameen River (49.0325) - Upstream of Palmer Creek
July 1 - October 31
Sinlahekin Creek (49.0349) - Mouth to barrier dam at Connors Lake
July 1 - August 31
Cecile Creek (49.0447)
July 1 - February 28
Chopaka Creek (49.0357)
July 1 - February 28
Toats Coulee Creek (49.0368)
July 1 - February 28
Cougar Creek (49.0368)
July 1 - February 28
Siwash Creek (49.0284) - Falls to headwaters
July 1 - March 31
Siwash Creek (49.0284) - Mouth to falls at river mile 1.4
July 1 - February 28
Tonasket Creek (49.0501) - Mouth to Tonasket Falls at river mile 1.8
July 1 - February 28
Tonasket Creek (49.0501) - Upstream of Tonasket Falls at river mile 1.8
July 1 - March 31
Tunk Creek (49.0211) - Mouth to falls
July 1 - February 28
Tunk Creek (49.0211) - Upstream of falls
July 1 - March 31
San Poil River (52.0004)
June 16 - September 30
West Fork San Poil (52.0192)
June 16 - September 30
Gold Creek (52.0197)
June 16 - February 28
Toroda Creek (60.0410)
July 1 - September 30
Pacific County
August 1 - September 30
Bear River (24.0689)
August 1 - September 30
Bone River (24.0405)
August 1 - September 30
Chehalis River (22.0190/23.0190)
August 1 - August 15
Columbia River
See Below
Chinook River (24.MISC)
August 1 - September 30
Grays River (25.0093)
July 16 - September 15
Naselle River (24.0543)
August 1 - September 15
Nemah River (24.0460)
August 1 - September 30
Niawiakum River (24.0417)
August 1 - September 30
North River (24.0034)
August 1 - September 30
Palix River (24.0426)
August 1 - September 30
Willapa River (24.0251)
August 1 - September 30
Pend Oreille County
July 1 - August 31
Little Spokane River (55.0003)
August 1 - March 15
West Branch Little Spokane River (55.0439)
August 1 - March 15
Harvey Creek (62.0310) - Mouth to Rocky Fork of Harvey Creek
August 1 - August 31
Harvey Creek (62.0310) - Upstream of Rocky Fork of Harvey Creek
July 16 - February 28
Pend Oreille River (62.0002)
Submit Application
Big Muddy Creek (62.0279)
August 1 - March 15
Bracket Creek (62.0815)
August 1 - March 15
Calispel Creek (62.0628)
August 1 - August 31
Exposure Creek (62.0261)
August 1 - August 31
Kent Creek (62.0819)
August 1 - March 15
Le Clerc Creek (62.0415)
August 1 - August 31
Lime Creek (62.0014)
August 1 - March 15
Lodge Creek (62.0859)
August 1 - August 31
Lost Creek (62.0322)
August 1 - March 15
Marmust Creek (62.0842)
August 1 - March 15
Pee Wee Creek (62.0007) - Mouth to falls
August 1 - August 31
Pee Wee Creek (62.0007) - Upstream of falls
August 1 - March 15
Renshaw Creek (62.0310)
August 1 - March 15
Sullivan (O'Sullivan) Creek (62.0074)
August 1 - August 31
North Fork Sullivan Creek (62.0075)
August 1 - August 31
Tributaries of Deep Creek in Pend Oreille County (61.0195)
July 16 - August 15
Currant Creek (61.0249)
July 16 - August 15
Meadow Creek (61.0351)
July 16 - August 15
Rocky Creek (61.0364)
July 16 - August 15
Silver Creek (61.0195)
July 16 - August 15
Smackout Creek (61.0226)
July 16 - August 15
Pierce County
July 16 - August 31
Chambers/Clover Creek Watershed (12.MISC)
July 16 - September 30
Flett Creek (12.0009)
July 16 - October 31
Leach Creek (12.0008)
July 16 - September 30
Nisqually River (11.0008) - Mouth to Alder Lake
July 16 - August 31
Nisqually River (11.0008) - Upstream of Alder Lake
July 16 - September 30
Mashel River (11.0101) - Mouth to Busy Wild Creek
July 16 - September 30
Mashel River (11.0101) - Upstream of Busy Wild Creek
July 16 - September 30
Puyallup River (10.0021) - Mouth to PSE Electron Powerhouse Outfall
July 16 - August 31
Puyallup River (10.0021) - Upstream of PSE Electron Powerhouse Outfall
July 16 - August 15
Carbon River (10.0413)
July 16 - August 15
Cayada Creek (10.0525) - Mouth to falls about 800 feet upstream
July 16 - August 31
Cayada Creek (10.0525) - Upstream of the falls
January 1 - December 31
South Prairie Creek (10.0429)
July 16 - August 15
Voight Creek (10.0414) - Mouth to falls at river mile 4.0
July 16 - August 31
Voight Creek (10.0414) - Upstream of falls river mile 4.0
July 16 - February 28
White River (10.0031)
July 16 - August 15
Clearwater River (10.0080)
July 16 - August 15
Greenwater River (10.0122)
July 16 - August 15
Huckleberry Creek (10.0253)
July 16 - August 15
West Fork White River (10.0186)
July 16 - August 15
Sequalitchew Creek (12.0019)
July 16 - September 30
San Juan County
July 1 - August 31
Cascade Creek (02.0057), Orcas Island - Upstream of Lower Falls
July 1 - February 28
Cascade Creek (02.0057), Orcas Island, Buck Bay to falls located approximately 300 feet above mouth
July 1 - October 31
Doe Creek (02.MISC), San Juan Island, Westcott Bay to falls (approximately 250 feet from mouth)
June 16 - October 15
False Bay Creek (02.MISC) - San Juan Island; mouth to lake
July 1 - October 31
Glenwood Springs, Orcas Island; direct tributary to Eastsound Bay
July 1 - October 15
Moran Creek (02.MISC) - Orcas Island; from Cascade Lake delta upstream 1/4 mile
July 1 - October 15
Unnamed Creek (02.0041) - San Juan Island; mouth to lake
July 1 - October 15
Skagit County
August 1 - September 15
Granite Creek (04.2313) - Upstream of East Creek
July 16 - February 28
North Fork Stillaguamish River (05.0135) - Mouth to Squire Creek
August 1 - August 15
North Fork Stillaguamish River (05.0135) - Squire Creek to Cascade Creek
August 1 - August 15
North Fork Stillaguamish River (05.0135) - Upstream of Cascade Creek
July 16 - February 28
Samish River (03.0005)
August 1 - September 15
Skagit River (03.0176/04.0176)
Submit Application
Baker River (04.0435) - Mouth to Baker Dam
Submit Application
Cascade River (04.1411)
Submit Application
Day Creek (03.1435)
July 16 - February 28
Lookout Creek (04.1447)
July 16 - February 28
Sibley Creek (04.1481)
July 16 - February 28
Day Creek (03.0299) - Mouth to Rocky Creek
Submit Application
Day Creek (03.0299) - Upstream of Rocky Creek
August 1 - February 28
Finney Creek (04.0392) - Mouth to Big Fir Creek
Submit Application
Finney Creek (04.0392) - Upstream of Big Fir Creek
July 16 - February 28
Illabot Creek (04.1346)
Submit Application
Sauk River (04.0673) - Mouth to Forks
Submit Application
Sauk River (04.0673) - Upstream of Forks
August 1 - August 15
Suiattle River (04.0710)
Submit Application
Wiseman Creek (03.0280) - Mouth to SR20
Submit Application
Wiseman Creek (03.0280) - Upstream of SR20
July 16 - February 28
South Fork Nooksack River (01.0246) - Mouth to falls at river mile 30
Submit Application
South Fork Nooksack River (01.0246) - Falls at river mile 30 to Wanlick Creek
Submit Application
South Fork Nooksack River (01.0246) - Upstream of Wanlick Creek
Submit Application
Skamania County
July 15 - September 15
Columbia River
See Below
Cispus River (26.0668)
August 1 - August 15
Cispus River (26.0668) tributaries located in Skamania County
August 1 - October 31
East Fork Lewis River (27.0173) - Lucia Falls to Sunset Falls
August 1 - February 28
East Fork Lewis River (27.0173) - Upstream of Sunset Falls
August 1 - February 28
Green River (26.0323) (Tributary of North Fork Toutle River)
July 16 - September 30
Hamilton Creek (28.0303)
August 1 - August 31
Hardy Creek (28.0303)
August 1 - August 31
Little White Salmon River (29.0131) - Mouth to Hatchery
July 16 - August 15
Little White Salmon River (29.0131) - Hatchery to Cabbage Creek
July 16 - January 31
Little White Salmon River (29.0131) - Upstream of Cabbage Creek
July 16 - January 31
North Fork Lewis River (27.0168) - Merwin Dam to Lower Falls
July 16 - August 15
Canyon Creek (27.0442)
July 16 - February 28
North Fork Lewis River (27.0168) - Upstream of Lower Falls
July 16 - February 28
Washougal River (28.0159) - Mouth to Stebbins Creek
August 1 - August 31
Washougal River (28.0159) - Upstream of Stebbins Creek
August 1 - August 31
White Salmon River (29.0160) - Mouth to Cascade Creek
July 16 - August 15
White Salmon River (29.0160) - Upstream of Cascade Creek
July 16 - August 15
Wind River (29.0023)
August 1 - August 15
Woodward Creek (28.0298)
August 1 - August 31
Snohomish County
July 16 - September 15
Lake Washington tributaries
August 1 - August 15
Sauk River (04.0673) - Mouth to Forks
August 1 - August 15
Sauk River (04.0673) - Upstream of Forks
August 1 - August 15
Suiattle River (04.0710)
August 1 - August 15
Snohomish River (07.0012) - Mouth to Highway 9
August 1 - October 31
Snohomish River (07.0012) - Upstream of Highway 9
August 1 - August 15
Pilchuck River (07.0125) - Mouth to city of Snohomish Diversion Dam
August 1 - August 31
Pilchuck River (07.0125) - City of Snohomish Diversion Dam to Boulder Creek
August 1 - September 15
Pilchuck River (07.0125) - Upstream of Boulder Creek
August 1 - September 15
Skykomish River (07.0012) - Mouth to Forks
August 1 - August 15
Deer Creek (05.0173) - Mouth to stream mile 0.5
August 1 - August 31
Deer Creek (05.0173) - Upstream of stream mile 0.5
August 1 - February 28
North Fork Skykomish River (07.0982) - Mouth to Bear Creek Falls
August 1 - August 31
North Fork Skykomish River (07.0982) - Bear Creek Falls to Deer Falls
August 1 - August 31
North Fork Skykomish River (07.0982) - Deer Falls to West Cady Creek
August 1 - February 28
North Fork Skykomish River (07.0982) - Upstream of West Cady Creek
August 1 - February 28
Howard Creek (07.1042)
July 16 - February 28
Silver Creek (07.1053) - Mouth to Lake Gulch
August 1 - August 31
Silver Creek (07.1053) - Upstream of Lake Gulch
August 1 - February 28
Troublesome Creek (07.1085)
August 1 - February 28
West Fork Troublesome Creek (07.1092)
August 1 - August 31
South Fork Skykomish River (07.0012) - Mouth to Sunset Falls
August 1 - August 15
Beckler River (07.1413) - Mouth to Boulder Creek
August 1 - August 15
Beckler River (07.1413) - Upstream of Boulder Creek
July 16 - February 28
Rapid River (07.1461) - Mouth to Meadow Creek
August 1 - August 31
Rapid River (07.1461) - Upstream of Meadow Creek
August 1 - February 28
Sultan River (07.0881) - Mouth to Diversion Dam at river mile 9.4
August 1 - August 31
Sultan River (07.0881) - Diversion Dam to anadromous fish blockage at river mile 15.7 (0.7 river miles downstream from Culmback Dam)
August 1 - August 31
Sultan River (07.0881) anadromous fish blockage at river mile 15.7 (0.7 river miles downstream from Culmback Dam) to Elk Creek
July 16 - February 28
Sultan River (07.0881) - Upstream of Elk Creek
July 16 - February 28
Wallace River (07.0940) - Mouth to Wallace Falls
August 1 - August 31
Wallace River (07.0940) - Upstream of Wallace Falls
August 1 - February 28
Olney Creek (07.0946) - Mouth to Olney Falls
August 1 - August 31
Olney Creek (07.0946) - Upstream of Olney Falls
August 1 - February 28
Snoqualmie River Mouth to falls (07.0219)
August 1 - August 15
All other Snohomish River tributaries
August 1 - August 31
Stillaguamish River (05.0001) - Mouth to Forks
August 1 - August 31
North Fork Stillaguamish River (05.0135) - Mouth to Squire Creek
August 1 - August 15
North Fork Stillaguamish River (05.0135) - Squire Creek to Cascade Creek
August 1 - August 15
North Fork Stillaguamish River (05.0135) - Upstream of Cascade Creek
July 16 - February 28
South Fork Stillaguamish River (05.0001) - Mouth to Deer Creek
August 1 - August 15
South Fork Stillaguamish River (05.0001) - Upstream of Deer Creek
August 1 - August 15
Spokane County
June 16 - August 31
Latah Creek (56.0003)
June 16 - August 31
Little Spokane River (55.0600) - Mouth to Deer Creek
June 16 - August 31
Little Spokane River (55.0600) - Upstream of Deer Creek
June 16 - August 31
Spokane River (57.0001)
June 16 - August 31
Stevens County
July 16 - August 31
Columbia River
See Below
Big Sheep Creek (61.0150)
July 16 - August 15
Colville River (59.0002) - Mouth to the falls
July 16 - September 30
Colville River (59.0002) - Upstream of the falls
July 16 - September 30
Deep Creek (61.0195)
July 16 - August 15
Onion Creek (61.0098)
July 16 - August 15
Sheep Creek (59.0861)
July 16 - September 30
Lake Roosevelt tributaries from the mouth of the Spokane River to mouth of the Colville River
July 16 - February 28
Lake Roosevelt tributaries from the mouth of the Colville River north to the B.C. border
July 16 - February 28
Tributaries of Little Spokane River (55.0600)
June 16 - August 31
Calispel Creek (62.0628)
August 1 - August 31
Other tributaries to the Pend Oreille River in Stevens County
July 1 - August 31
Thurston County
July 16 - September 15
Cedar Creek (23.0570)
August 1 - September 30
Chehalis River (22.0190/23.0190) - Upstream of Porter Creek
August 1 - August 15
Skookumchuck River (23.0761) - Mouth to Skookumchuck Reservoir
August 1 - August 31
Skookumchuck River (23.0761) - Upstream of Skookumchuck Reservoir
August 1 - August 31
Deschutes River (13.0028) - Mouth to Deschutes Falls
July 16 - August 31
Deschutes River (13.0028) - Upstream of Deschutes Falls
July 16 - August 31
Ellis Creek (13.0022)
May 16 - September 30
Little Deschutes River (13.0110)
July 16 - February 28
McLane Creek (13.0138)
August 1 - October 31
Percival Creek (13.0029)
July 16 - August 31
Nisqually River (11.0008)
July 16 - August 31
Tributaries of Nisqually River (11.0008)
July 16 - August 31
Porter Creek (23.0543)
August 1 - September 30
Schneider Creek (14.0009)
August 1 - October 31
Waddell Creek (23.0677)
August 1 - September 30
Woodard Creek (13.0012)
July 16 - August 31
Woodland Creek (13.0006)
July 16 - September 30
Wahkiakum County
July 16 - September 15
Columbia River
See Below
Abernathy Creek (25.0297)
July 16 - September 15
Deep River (25.0011)
July 16 - September 15
Elochoman River (25.0236)
July 16 - September 15
Grays River (25.0093)
July 16 - September 15
Mill Creek (25.0284)
July 16 - September 15
Naselle River (24.0543)
July 16 - September 15
Skamokowa Creek (25.0194)
July 16 - September 15
Walla Walla County
July 16 - September 30
Walla Walla River (32.0008) - Mouth to Oregon state line
July 16 - September 15
Mill Creek (32.1436) - Mouth to Oregon state line
August 1 - August 15
Touchet River (32.0097) - Mouth to Forks
August 1 - August 15
North Fork Touchet/Wolf Fork (32.0761)
Submit Application
South Fork Touchet (32.0708)
Submit Application
Whatcom County
July 16 - August 15
Damfino Creek (00.0032)
July 16 - August 31
Nooksack River (01.0120)
Submit Application
Cascade Creek (02.0057) - Mouth to FR 37
Submit Application
Cascade Creek (02.0057) - Upstream of FR 37
July 16 - February 28
Middle Fork Nooksack River (01.0339) - Mouth to city of Bellingham Diversion Dam
Submit Application
Middle Fork Nooksack River (01.0339) - Upstream of city of Bellingham Diversion Dam
Submit Application
North Fork Nooksack River (01.0120) - Mouth to Nooksack Falls
Submit Application
North Fork Nooksack River (01.0120) - Upstream of Nooksack Falls
Submit Application
Barometer Creek (01.0513)
July 16 - February 28
Ruth Creek (01.0531)
July 16 - February 28
Swamp Creek (01.0518)
July 16 - February 28
Wells Creek (02.0057)
Submit Application
Bar Creek (01.0500)
July 16 - February 28
South Fork Nooksack (01.0246) - Mouth to Wanlick Creek
Submit Application
South Fork Nooksack (01.0246) - Upstream of Wanlick Creek
Submit Application
Samish River (03.0005)
July 16 - August 15
Skagit River (03.0176/04.0176)
Submit Application
Baker River (04.0435) - Mouth to Baker Lake Dam (04.0435)
Submit Application
Baker River (04.0435) - Baker Lake to National Park boundary
Submit Application
Boulder Creek (04.0499)
July 16 - February 28
Park Creek (04.0506) - Mouth to fish passage barrier at river mile 1.6
Submit Application
Park Creek (04.0506) - Upstream of river mile 1.6
July 16 - February 28
Swift Creek (04.0509) - Mouth to Rainbow Creek
Submit Application
Swift Creek (04.0509) - Upstream of Rainbow Creek
July 16 - February 28
Ross Lake tributaries (03.0176/04.0176)
Submit Application
Ruby Creek (04.2199)
Submit Application
Canyon Creek (04.2458) - Mouth to Barron Creek
Submit Application
Canyon Creek (04.2458) - Upstream of Barron Creek and tributaries
October 1 - February 28
Barron Creek (04.2591)
October 1 - February 28
Boulder Creek (04.2478) - Mouth to 300 feet upstream
Submit Application
Boulder Creek (04.2478) - 300 feet upstream of mouth to headwaters
October 1 - February 28
Friday Creek (04.2549) - Mouth to 300 feet upstream
Submit Application
Friday Creek (04.2549) - 300 feet upstream of mouth to headwaters
October 1 - February 28
Holmes Creek (04.2473) - Mouth to 300 feet upstream
Submit Application
Holmes Creek (04.2473) - 300 feet upstream of mouth to headwaters
October 1 - February 28
Mill Creek (04.2504) - Mouth to 300 feet upstream
Submit Application
Mill Creek (04.2504) - 300 feet upstream of mouth to headwaters
October 1 - February 28
Nickol Creek (04.2476) - Mouth to 300 feet upstream
Submit Application
Nickol Creek (04.2476) - 300 feet upstream of mouth to headwaters
October 1 - February 28
North Fork Canyon Creek (04.2583) - Mouth to Elk Creek
Submit Application
Cascade Creek (05.2584)
October 1 - February 28
North Fork Canyon Creek (04.2583) - Upstream of Elk Creek
October 1 - February 28
Slate Creek (04.2557) - Mouth to falls at river mile 0.6
Submit Application
Slate Creek (04.2557) - Upstream of falls at river mile 0.6
October 1 - February 28
Granite Creek (04.2313) - Mouth to East Creek
Submit Application
Granite Creek (04.2313) - Upstream of East Creek and tributaries
October 1 - February 28
Saar Creek (00.0003)
August 1 - September 30
Silesia Creek (00.0042) - Canadian border to Middle Fork
July 16 - August 15
Silesia Creek (00.0042) - Middle Fork to National Park boundary
July 16 - February 28
Rapid Creek (00.0048)
July 16 - February 28
West Fork Silesia Creek (00.0044)
July 16 - February 28
Winchester Creek (00.0045)
July 16 - February 28
Whitman County
July 16 - December 15
Snake River (35.0002)
See Below
Alkali Flats Creek (35.0570)
July 16 - December 15
Almota Creek (35.1017)
July 16 - December 15
Little Almota Creek (35.1018)
July 16 - December 15
Palouse River (34.0003) - Mouth to Palouse Falls
July 16 - September 30
Palouse River (34.0003) - Upstream of Palouse Falls
July 16 - February 28
Penewawa Creek (35.0916)
July 16 - December 15
Wawawi Canyon Creek (35.1165)
July 16 - December 15
Yakima County
June 1 - September 15
Glade Creek (31.0851)
August 1 - September 30
Klickitat River (30.0002)
Submit Application
Yakima River (37.0002/38.0002/39.0002) - Mouth to Roza Dam
June 1 - September 15
Ahtanum Creek (37.1382)
June 16 - September 30
North Fork Ahtanum Creek (37.1382)
Submit Application
South Fork Ahtanum Creek (37.1382)
Submit Application
Naches River (38.0003) - Mouth to Tieton River
July 1 - October 15
Naches River (38.0003) - Upstream of mouth of Tieton River to Bumping River
July 1 - August 15
Bumping River (38.0998)
July 16 - August 15
American River (38.1000)
Submit Application
Gold Creek (38.MISC)
July 16 - February 28
Kettle Creek (38.1033)
Submit Application
Miner Creek (38.1027)
July 16 - February 28
Morse Creek (38.1072) - Mouth to SR410 crossing
August 1 - August 15
Morse Creek (38.1072) - Upstream of SR410 crossing
August 1 - February 28
Rock Creek (38.MISC)
July 16 - February 28
Timber Creek (38.1062)
August 1 - August 15
Union Creek (38.1045) - Upstream of 500 feet above falls
August 1 - February 28
Union Creek (38.1045) - Mouth to 500 feet above falls
Submit Application
Other American River tributaries not listed
August 1 - February 28
Deep Creek (38.MISC)
Submit Application
Copper Creek (38.MISC)
August 1 - August 15
Cowiche Creek (38.0005) - Mouth to South Fork Cowiche Creek
July 1 - September 30
North Fork Cowiche Creek (38.0008)
July 1 - February 28
South Fork Cowiche Creek (38.0031) - Mouth to Reynolds Creek
July 1 - September 30
South Fork Cowiche Creek (38.0031) - Upstream of Reynolds Creek
July 16 - October 31
Granite Creek (38.MISC)
August 1 - August 15
Little Naches River (38.0852) - Mouth to Matthews Creek
July 16 - August 15
Little Naches River (38.0852) - Upstream of Matthews Creek
July 16 - August 15
Crow Creek (38.0858)
July 16 - August 15
Nile Creek (38.0692)
July 16 - October 15
Rattlesnake Creek (38.0518)
July 16 - August 15
Tieton River (38.0166) - Mouth to Rimrock Dam
July 1 - August 31
North Fork Tieton River (38.0291) - Below Clear Lake Dam
Submit Application
North Fork Tieton River (38.0291) - Upstream of Clear Lake
July 1 - August 15
Clear Creek (38.0317)
July 16 - February 28
South Fork Tieton River (38.0374) - Below South Fork Falls
Submit Application
South Fork Tieton River (38.0374) - Upstream of South Fork Falls
July 16 - February 28
Indian Creek (38.0302)
Submit Application
Tributaries of Tieton River below Rimrock Dam
July 16 - February 28
Umtanum Creek (39.0553)
July 16 - September 30
Wenas Creek (39.0032)
July 16 - October 15
Other Yakima River tributaries
July 16 - August 31
Columbia River
Mouth to the I-205 Bridge
August 1 - March 31
I-205 Bridge to Bonneville Dam
July 16 - September 15
Bonneville Dam to Snake River
July 16 - February 28
Snake River to Priest Rapids Dam
July 16 - September 30
Priest Rapids Dam to Mouth of Crab Creek
July 16 - February 28
Mouth of Crab Creek to Wanapum Dam
July 16 - September 30
Wanapum Dam to the SR 285 bridge in South Wenatchee
July 16 - February 28
SR 285 bridge in South Wenatchee to the SR 2 bridge
July 16 - September 30
SR 2 bridge to one mile downstream of the Chelan River
July 16 - February 28
From one mile downstream of the Chelan River to the SR 97 bridge
July 16 - September 30
From SR 97 bridge to Chief Joseph Dam
July 16 - February 28
Chief Joseph Dam to Grand Coulee Dam
June 16 - March 31
Grand Coulee Dam to Canadian border
Submit Application
All Columbia River tributaries
See County Listings
Snake River
Mouth to Ice Harbor Dam
July 16 - September 30
Ice Harbor Dam to Mouth of Clearwater River
July 16 - March 31
Mouth of Clearwater River to state line
August 1 - August 31
All Snake River tributaries
See County Listings
Lakes
Submit Application
Strait of Juan de Fuca, Puget Sound, Hood Canal
Submit Application
Ocean beaches within the Seashore Conservation Area established under RCW 79A.05.605
January 1 - December 31
All waters within Indian tribal reservation, National Park, state park, or wilderness boundaries, except those within the Seashore Conservation Area established under RCW 79A.05.605
Submit Application
AMENDATORY SECTION(Amending WSR 19-12-126, filed 6/5/19, effective 11/1/19)
WAC 220-660-305((Suction dredging.))Mineral prospecting involving motorized or gravity siphon equipment.
(1) Description:((Suction dredging))Mineral prospecting involving motorized or gravity siphon equipment are projects that excavate, process, ((and))or classify aggregate using small motorized ((or nonmotorized equipment that removes aggregate from the bed, banks, or uplands by means of vacuum created by water flowing through a tube or hose))equipment or pumps. Such methods include, but are not limited to, suction dredges, dryland dredges, power sluice/suction dredge combinations, motorized high-bankers or power sluices, trommels, and spiral wheels. These projects also include methods using gravity siphons that supply water for excavating, processing, or classifying aggregate by means of vacuum created by water flowing through a tube or hose, such as gravity dredges or nonmotorized high-bankers. Bulb snifters are not considered ((suction dredges))motorized or gravity siphon equipment. The rules in this section apply to using motorized ((and nonmotorized suction dredges))or gravity siphon equipment. See WAC 220-660-300 for mineral prospecting with other types of equipment ((other than suction dredges)).
(2) Fish life concerns:((Suction dredging))Mineral prospecting involving motorized or gravity siphon equipment can harm fish life and habitat that supports fish life.
(a) Direct impacts ((from suction dredging)) can include:
(i) Mortality from the physical effects of disturbing eggs or fry incubating within the bed;
(ii) Mortality from passing vulnerable fish through ((suction dredges))equipment; and
(iii) Lower environmental productivity resulting from habitat modifications such as altered stream beds or lowered water quality.
(b) Indirect impacts can include changes in food resources and human disturbances.
(c) The department minimizes impacts ((of suction dredging)) by restricting the type of mining equipment allowed, limiting excavation zones within streams, and setting allowable timing windows.
(d) Aquatic invasive species can be transported on or in ((suction dredges))motorized and gravity siphon equipment and spread between water bodies. This can harm all life stages of fish life and permanently harm, destroy, or alter ecosystems.
(3) General requirements:
(a) Before conducting any ((suction dredging activity))mineral prospecting involving motorized or gravity siphon equipment, a person must obtain the approval of the department through the issuance of a standard, single-site written HPA or standard, multisite written HPA as described in WAC 220-660-050. The department must deny an HPA when, in the judgment of the department, the project will result in direct or indirect harm to fish life, unless enough mitigation can be assured by provisioning the HPA or modifying the proposal. The department may apply saltwater provisions to written HPAs for tidally influenced areas upstream of river mouths and the mainstem Columbia River downstream of Bonneville Dam.
(b) ((When seeking a single site or multisite standard HPA, a person must identify the upstream and downstream extent of each suction dredging location within a stream. The location of each site can be no greater than the length contained within a registered mining claim, if the project occurs on a claim, or one thousand three hundred linear feet of stream, if the project does not occur on a claim.))The department will determine the authorized work time for mineral prospecting activities involving motorized or gravity siphon equipment that discharge water to surface or ground water per WAC 220-660-110.
(c) Nothing in this chapter ((220-660 WAC)) relieves a person of the duty to obtain landowner permission and any other required permits before conducting any mineral prospecting activity.
(4) Aquatic invasive species prevention:
(a) All ((suction dredge))motorized or gravity siphon equipment that has been used in waters outside of Washington state must be inspected for the presence of aquatic invasive species by an authorized department employee or agent before being used in waters of the state.
(b) All ((suction dredge))motorized or gravity siphon equipment used in any water of the state must be decontaminated according to department specification prior to use in a different water of the state.
(5) ((Suction dredging in fresh waters:))Mineral prospecting involving motorized or gravity siphon equipment:
(a) A person may ((suction dredge))operate motorized or gravity siphon equipment in ((fresh)) waters of the state only ((during the times and)) with the mineral prospecting equipment limitations identified in ((subsection (7) of)) this section and during the times identified in the written HPA.
(b) When ((suction dredging))mining using motorized or gravity siphon equipment, a person may use only hand-held mineral prospecting tools and the following mineral prospecting equipment:
(i) Pans;
(ii) Spiral wheels;
(iii) Concentrators and high-bankers with riffle areas totaling ten square feet or less, including ganged equipment;
(iv) Gravity siphons;
(v) Motorized or nonmotorized suction dredges that have suction intake nozzles with inside diameters that should be five inches or less, but must be no greater than five and one-quarter inches to account for manufacturing tolerances and possible deformation of the nozzle. The inside diameter of the dredge hose attached to the nozzle may be no greater than one inch larger than the nozzle size. See Figure 1((.));
Figure 1: Suction dredge intake nozzle
(((ii)))(vi) Power sluice/suction dredge combinations, when configured and operated as suction dredges, that have suction intake nozzles with inside diameters that should be five inches or less, but must be no greater than five and one-quarter inches to account for manufacturing tolerances and possible deformation of the nozzle. The inside diameter of the dredge hose attached to the suction intake nozzle may be no greater than one inch larger than the nozzle size. See Figure 1((.
(c) The suction intake nozzle and hose of suction dredges and power sluice/suction dredge combinations configured and operated as suction dredges must not exceed the diameters allowed in the listing for the stream or stream reach where a person is operating, as identified in subsection (7) of this section.
(d) Except when operating a dryland dredge, a person may not excavate aggregate outside of the wetted perimeter.));
(vii) Power sluice/suction dredge combinations, when configured and used as high-bankers or power sluices, that have riffle areas totaling ten square feet or less, including ganged equipment and pump hoses with inside diameters of four inches or less;
(viii) High-bankers and power sluices that have riffle areas totaling ten square feet or less, including ganged equipment, and pump intake hoses with inside diameters of four inches or less.
(c) The Washington department of ecology determines where motorized or gravity siphon equipment listed in the previous provision may be used. Contact the Washington department of ecology water quality program for information about the locations where the use of motorized or gravity siphon equipment is allowed.
(d) The suction intake nozzle and hose of suction dredges and power sluice/suction dredge combinations configured and operated as suction dredges must not exceed the diameters allowed in this subsection (5).
(e) When operating a dryland dredge:
(i) A person may not excavate, collect, or remove aggregate from the toe of the slope. A person also may not excavate, collect, or remove aggregate from an unstable slope or any slope that delivers, or might deliver, sediment to the wetted perimeter or frequent scour zone. See Figures 2 and 3.
Figure 2: Cross section of a typical body of water showing unstable slopes, stable areas, and permitted or prohibited excavation sites when operating a dryland dredge. Dashed lines indicate areas where excavation is not permitted.
Figure 3: Permitted and prohibited excavation sites in a typical body of water under rules for dryland dredging. Dashed lines indicate areas where excavation is not permitted.
(ii) A person must process aggregate collected from upland areas landward of the frequent scour zone only at an upland location landward of the frequent scour zone. A person may not allow tailings or wastewater to enter the wetted perimeter or frequent scour zone.
(f) A person may not use vehicle-mounted winches. A person may use one motorized winch and one nonmotorized hand-operated winch to move boulders and large woody material that is not embedded, and additional cables, chains, or ropes to stabilize them.
(g) Equipment separation:
(i) A person may use mini high-bankers with riffle areas totaling three square feet or less, including ganged equipment, as close to other mineral prospecting equipment as desired.
(ii) When operating ((a suction dredge or power sluice/suction dredge combination configured and operated as a suction dredge))motorized or gravity siphon equipment other than that identified in (g)(i) of this subsection, a person's equipment must be at least two hundred feet from all others also operating ((this type of equipment or any sluice or rocker box with a riffle area larger than three square feet (including ganged equipment), high-banker, or power sluice))any type of motorized or gravity siphon equipment. This separation is measured as a radius from the center of the equipment the person is operating. A person may locate this equipment closer than two hundred feet if only one piece of equipment is ((actually)) operating within that two hundred foot radius.
(h) ((As provided in RCW 77.57.010 and 77.57.070,))Any device a person uses for ((pumping))removing water from fish-bearing waters must be equipped with a fish guard to prevent fish from entering the ((pump)) intake. A person must screen the ((pump)) intake with material that has openings no larger than five sixty-fourths inch for square openings, measured side to side, or three thirty-seconds inch diameter for round openings, and the screen must have at least one square inch of functional screen area for every gallon per minute (gpm) of water drawn through it. For example, a one hundred gpm-rated pump would require a screen with a surface area of at least one hundred square inches.
(i) All equipment fueling and servicing must be done so that petroleum products do not enter the wetted perimeter or frequent scour zone. If a petroleum sheen or spill is observed, a person must immediately stop work, remove the equipment from the body of water, and contact the Washington military department emergency management division. A person may not return the equipment to the water until the problem is corrected. A person must store fuel and lubricants outside the frequent scour zone, and in the shade when possible.
(j) A person may work within the wetted perimeter or frequent scour zone only from one-half hour before official sunrise to one-half hour after official sunset. If a person's mineral prospecting equipment exceeds one-half the width of the wetted perimeter of the stream, a person must remove the equipment from the wetted perimeter or move it so that at least fifty percent of the wetted perimeter is free of equipment from one-half hour after official sunset to one-half hour before official sunrise.
(k) A person may not excavate, collect, remove, or process aggregate within four hundred feet of any fishway, dam, or hatchery water intake.
(l) A person must not disturb existing fish habitat improvement structures or stream channel improvements.
(m) A person may not undermine, move, or disturb large woody material embedded in the slopes or located wholly or partially within the wetted perimeter. A person may move large woody material and boulders located entirely within the frequent scour zone, but a person must keep them within the frequent scour zone. A person may not cut large woody material.
(n) A person may not undermine, cut, or disturb live, rooted woody vegetation of any kind.
(o) A person may work in only one excavation site at a time. However, you may use a second excavation site as a settling pond. Multiple individuals may work within a single excavation site.
(p) A person must fill all excavation sites and level all tailing piles before moving to another excavation site or abandoning an excavation site.
(((p)))(q) A person may not excavate, collect, or remove aggregate from the toe of the slope. A person also may not excavate, collect, or remove aggregate from an unstable slope or any slope that delivers, or has the potential to deliver, sediment to the wetted perimeter or frequent scour zone.
(((q)))(r) A person may partially divert a body of water into mineral prospecting equipment using natural or artificial materials provided the diversion is constructed by hand. However, at no time may the diversion structure be greater than fifty percent of the width of the wetted perimeter, including the width of the equipment. A person may not divert the body of water outside of the wetted perimeter. Before abandoning the site, a person must remove artificial materials used in the construction of a diversion structure and restore the site to its approximate original condition.
(s) A person may process aggregate collected from the frequent scour zone:
(i) At any location if a person uses pans; spiral wheels; mini high-bankers; or other concentrators with riffle areas totaling three square feet or less, including ganged equipment.
(ii) Only in the frequent scour zone or upland areas landward of the frequent scour zone if a person uses power sluice/suction dredge combinations, high-bankers, or power sluices with riffle areas totaling ten square feet or less, including ganged equipment; or sluices or rocker boxes that have riffle areas totaling more than three but less than ten square feet, including ganged equipment. A person may not discharge tailings to the wetted perimeter when using this equipment. However, you may discharge wastewater to the wetted perimeter if its entry point into the wetted perimeter is at least two hundred feet from any other wastewater discharge entry point.
(t) A person may process aggregate collected from the upland areas landward of the frequent scour zone:
(i) At any location if a person uses pans; spiral wheels; concentrators; or mini high-bankers with riffle areas totaling three square feet or less, including ganged equipment. A person must classify the aggregate at the collection or excavation site prior to processing with this equipment within the wetted perimeter or frequent scour zone;
(ii) Only at an upland location landward of the frequent scour zone if a person uses power sluice/suction dredge combinations, high-bankers, or power sluices. A person may not discharge tailings or wastewater into the wetted perimeter or frequent scour zone.
(((r)))(u) A person may use pressurized water only for redistributing dredge tailings within the wetted perimeter, for crevicing using a dryland dredge, or for introducing water under low pressure to an excavation site from the nozzle of a dryland dredge. No other use of pressurized water is permitted.
(((s)))(v) A person may conduct crevicing in the wetted perimeter, in the frequent scour zone, or landward of the frequent scour zone. The hose connecting fittings of pressurized water tools used for crevicing may not have an inside diameter larger than 3/4-inch. If a person crevices landward of the frequent scour zone, a person may not discharge sediment or wastewater to the wetted perimeter or the frequent scour zone.
(w) A person must avoid areas containing live freshwater mussels. If a person encounters live mussels during excavation, a person must relocate the operation.
(((t)))(x) A person may not disturb redds. If a person observes or encounters redds or actively spawning fish when collecting or processing aggregate, a person must relocate the operation.
(((u)))(y) If at any time, as a result of project activities, a person observes a fish kill or fish life in distress, a person must immediately stop operations and notify the department and the Washington military department emergency management division of the problem. A person may not resume work until the department gives approval. The department will require additional measures to mitigate the prospecting impacts.
(6) ((Suction dredging))Mineral prospecting involving motorized or gravity siphon equipment on ocean beaches: A person may ((suction dredge))operate motorized or gravity siphon equipment year-round on ocean beaches of the state. A person must follow the rules listed below:
(a) A person may ((suction dredge))operate only between the line of ordinary high tide and the line of extreme low tide on beaches within the seashore conservation area set under RCW 79A.05.605 and managed by Washington state parks and recreation commission.
(b) When ((suction dredging))operating motorized or gravity siphon equipment, a person may use only hand-held mineral prospecting tools and the ((following mineral prospecting equipment:
(i) Motorized or nonmotorized suction dredges that have suction intake nozzles with inside diameters that should be five inches or less, but must be no greater than five and one-quarter inches to account for manufacturing tolerances and possible deformation of the nozzle. The inside diameter of the dredge hose attached to the nozzle may be no greater than one inch larger than the nozzle size;
(ii) Power sluice/suction dredge combinations, when configured and operated as suction dredges, that have suction intake nozzles with inside diameters that should be five inches or less, but must be no greater than five and one-quarter inches to account for manufacturing tolerances and possible deformation of the nozzle. The inside diameter of the dredge hose attached to the suction intake nozzle may be no greater than one inch larger than the nozzle size))equipment authorized in subsection (5)(b) of this section.
(c) Motorized types of mineral prospecting equipment listed in the previous provision may be used ONLY in waters in Grays Harbor, and Pacific counties that are NOT designated under the Endangered Species Act as critical habitat for salmon, steelhead, or bull trout. A map identifying waters where motorized methods are allowed is available from Washington department of ecology.
(d) A person may not use vehicle-mounted winches. A person may use one ((motorized winch and one))nonmotorized hand-operated winch to move boulders and large woody material that is not embedded, and additional cables, chains, or ropes to stabilize them.
(((d) Under RCW 77.57.010 and 77.57.070,))(e) Any device a person uses for ((pumping))removing water from fish-bearing waters must be equipped with a fish guard to prevent fish from entering the ((pump)) intake. A person must screen the ((pump)) intake with material that has openings no larger than five sixty-fourths inch for square openings, measured side to side, or three thirty-seconds inch diameter for round openings, and the screen must have at least one square inch of functional screen area for every gallon per minute (gpm) of water drawn through it. For example, a one hundred gpm-rated pump would require a screen with a surface area of at least one hundred square inches.
(((e)))(f) All equipment fueling and servicing must be done so that petroleum products do not enter the wetted perimeter. If a petroleum sheen or spill is observed, a person must immediately stop work, remove the equipment from the body of water and beach, and contact the Washington military department emergency management division. A person may not return the equipment to the water or beach until the problem is corrected. A person must store fuel and lubricants away from the water inside a vehicle or landward of the beach, and in the shade when possible.
(((f)))(g) A person may work only from one-half hour before official sunrise to one-half hour after official sunset. ((If a person uses mineral prospecting equipment in a fish-bearing freshwater stream and the equipment exceeds one-half the width of the wetted perimeter of the stream, a person must remove the equipment from the wetted perimeter or move it so that at least fifty percent of the wetted perimeter is free of equipment from one-half hour after official sunset to one-half hour before official sunrise.
(g)))(h) A person may not undermine, cut, disturb, or move embedded large woody material or woody debris jams.
(((h)))(i) A person must backfill all trenches, depressions, or holes created in the beach during project activities before moving to another excavation site (except during use as a settling pond) or leaving an excavation site.
(((i) A person may partially divert a body of water into suction dredges. However, at no time may the diversion structure be greater than fifty percent of the width of the wetted perimeter of a fish-bearing stream, including the width of the equipment. A person may not divert the body of water outside of the wetted perimeter.
(j) A person may use materials only from within the wetted perimeter, or artificial materials from outside the wetted perimeter, to construct the diversion structure by hand. Before abandoning the site, a person must remove artificial materials used to construct a diversion structure and restore the site to its approximate original condition.
(k)))(j) A person may use pressurized water only for redistributing dredge tailings within the wetted perimeter((, for crevicing using a dryland dredge, or for introducing water under low pressure to an excavation site from the nozzle of a dryland dredge)). No other use of pressurized water is permitted.
(((l)))(k) A person may not disturb live razor clams or other shellfish within the bed. If a person observes or encounters live razor clams or other shellfish during excavation, the person must relocate the operation.
(((m)))(l) If at any time, as a result of project activities, a person observes a fish kill or fish life in distress, a person must immediately stop operations and notify the department, and the Washington military department emergency management division of the problem. A person may not resume work until the department gives approval. The department will require additional measures to mitigate the prospecting impacts.
(((7) Authorized work times and suction dredge restrictions by specific state waters for suction dredging projects:
(a) A person may suction dredge under subsection (5) of this section in any of the state waters, with the equipment restrictions, and during the times specified in the following table of authorized work times following issuance of a standard single site or multisite written HPA.
(b) The general work time for a county applies to all state waters within that county unless otherwise indicated in the table.
(c) The work time for state waters identified in the table of authorized work times applies to all its tributaries, unless otherwise indicated. Some state waters occur in multiple counties. Check the table for the county in which mineral prospecting or placer mining is to be conducted to determine the work time for that water body.
(d) Where a tributary is identified as a boundary, that boundary is the line perpendicular to the receiving stream that is projected from the most upstream point of the tributary mouth to the opposite bank of the receiving stream. See Figure 4.
(e) A person wishing to suction dredge within water bodies identified in the table of authorized work times as "submit application" or at different work times or using different equipment than listed in the following table of authorized work times must obtain a standard single site or multisite written HPA to work in these water bodies.
Figure 4: Where the boundary is located if a tributary listed as a boundary.
(f) Suction dredging using suction dredges that have suction intake nozzles with inside diameters that should be four inches or less, but must be no greater than four and one-quarter inches to account for manufacturing tolerances and possible deformation of the nozzle, is authorized only in the state waters identified in the table of authorized work times, and any tributaries to them, unless otherwise indicated in the table. The inside diameter of the dredge hose attached to the nozzle may be no greater than one inch larger than the nozzle size.
(g) Suction dredging using suction dredges that have suction intake nozzles with inside diameters that should be five inches or less, but must be no greater than five and one-quarter inches to account for manufacturing tolerances and possible deformation of the nozzle is authorized only in the state waters specifically identified in the table of authorized work times. The inside diameter of the dredge hose attached to the nozzle may be no greater than one inch larger than the nozzle size. A person may use only suction dredges with suction intake nozzle inside diameters of four and one-quarter inches or less in tributaries of these state waters. The inside diameter of the dredge hose attached to the nozzle may be no greater than one inch larger than the nozzle size.
Table 1
Authorized Work Times and Suction Dredge Restrictions by Specific State Waters for Mineral Suction Dredge Projects
Washington Counties and State Waters (Water Resource Inventory Area (WRIA) in parentheses)
Suction Dredging is Allowed Only Between These Dates
State Waters (and tributaries, unless otherwise indicated) in Which a Person May Use Suction Dredges With a Four and One-Quarter Inch Maximum Suction Intake Nozzle Inside Diameter
State Waters (NOTincluding tributaries) in Which a Person May Use Suction Dredges With a Five and One-Quarter Inch Maximum Suction Intake Nozzle Inside Diameter
Adams County
July 1 - October 31
X
Crab Creek (41.0002)
July 16 - February 28
X
X
Esquatzel Creek (36.MISC)
June 1 - February 28
X
X
Palouse River (34.0003)
July 16 - February 28
X
X
Asotin County
July 16 - September 15
X
Snake River (35.0002)
See Below
Alpowa Creek (35.1440)
July 16 - December 15
X
Asotin Creek (35.1716)
July 16 - August 15
X
Couse Creek (35.2147)
July 16 - December 15
X
Grande Ronde River (35.2192)
July 16 - September 15
X
X
Ten Mile Creek (35.2100)
July 16 - December 15
X
Benton County
June 1 - September 30
X
Columbia River
See Below
Glade Creek (31.0851)
August 1 - September 30
X
Yakima River (37.0002)
June 1 - September 15
X
X
Amon Wasteway (37.0009)
June 1 - September 30
X
Corral Creek (37.0002)
June 1 - September 30
X
Spring Creek (37.0205)
June 1 - September 30
X
Chelan County
July 16 - August 15
X
Columbia River
See Below
Antoine Creek (49.0294) - Mouth to falls at river mile 1.0
July 1 - February 28
X
Antoine Creek (49.0294) - Upstream of falls at river mile 1.0
July 1 - March 31
X
Chelan River (47.0052) - Mouth to Chelan Dam
July 16 - September 30
X
X
Colockum Creek (40.0760)
July 1 - October 31
X
Entiat River (46.0042) - Mouth to Entiat Falls
July 16 - July 31
X
X
Entiat River (46.0042) - Upstream of Entiat Falls
July 16 - March 31
X
Crum Canyon (46.0107)
July 16 - March 31
X
Mad River (46.0125)
July 16 - July 31
X
Indian Creek (46.0128)
July 16 - February 28
X
Lake Chelan (47.0052)
Submit Application
Railroad Creek (47.0410)
July 16 - September 30
X
Stehekin River (47.0508)
Submit Application
Twenty-Five Mile Creek (47.0195)
July 16 - September 30
X
Other Lake Chelan tributaries outside of North Cascades National Park
July 1 - August 15
X
Other Lake Chelan tributaries within North Cascades National Park
Submit Application
Number 1 Canyon (45.0011)
July 1 - February 28
X
Number 2 Canyon (45.0012)
July 1 - February 28
X
Squilchuck Creek (40.0836) - Mouth to South Wenatchee Avenue
July 1 - September 30
X
Squilchuck Creek (40.0836) - Upstream of South Wenatchee Avenue
July 1 - February 28
X
Stemilt Creek (40.0808) - Mouth to falls
July 1 - September 30
X
Stemilt Creek (40.0808) - Upstream of falls
July 1 - February 28
X
Wenatchee River (45.0030) - Mouth to Hwy 2 Bridge in Leavenworth
July 15 - September 30
X
X
Wenatchee River (45.0030) - Hwy 2 Bridge in Leavenworth to Lake Wenatchee
July 15 - August 15
X
X
Beaver Creek (45.0751)
July 1 - September 30
X
Chiwaukum Creek (45.0700)
July 1 - July 31
X
Chiwawa River (45.0759) - Mouth to Phelps Creek
July 1 - July 31
X
X
Chiwawa River (45.0759) - Upstream of Phelps Creek
July 1 - July 31
X
Deep Creek (45.0764)
July 1 - February 28
X
Phelps Creek (45.0875)
July 16 - August 15
X
Icicle Creek (45.0474) - Mouth to Johnny Creek
July 1 - July 31
X
X
Icicle Creek (45.0474) - Upstream of Johnny Creek
July 1 - July 31
X
Fourth of July Creek (45.0525)
July 1 - February 28
X
Lake Wenatchee (45.0030)
Submit Application
Little Wenatchee (45.0985) - Mouth to Wilderness Boundary
July 1 - July 31
X
X
Little Wenatchee (45.0985) - Upstream of Wilderness Boundary
Submit Application
White River (45.1116) - Mouth to White River Falls
July 1 - July 31
X
X
White River (45.1116) - Upstream of White River Falls
July 1 - February 28
X
Nason Creek (45.0888)
July 1 - July 31
X
Peshastin Creek (45.0232) - Mouth to Etienne Creek
July 16 - August 15
X
Peshastin Creek (45.0232) - Upstream of Etienne Creek
August 1 - February 28
X
Ingalls Creek (45.0273) - Mouth to Cascade Creek
Submit Application
Ingalls Creek (45.0273) - Upstream of Cascade Creek
July 16 - February 28
X
Etienne Creek (45.0323) - Mouth to falls at stream mile 2.9
Submit Application
Etienne Creek (45.0323) - Upstream of falls at stream mile 2.9
July 16 - February 28
X
Ruby Creek (45.0318)
July 16 - February 28
X
Tronson Creek (45.0346)
August 1 - February 28
X
Scotty Creek (45.0376)
August 1 - February 28
X
Shaser Creek (45.0365)
August 1 - February 28
X
Clallam County
July 16 - September 15
X
Clallam River (19.0129)
August 1 - August 15
X
Dungeness River (18.0018)
Submit Application
Independent Creek (18.MISC)
August 1 - August 31
X
Elwha River (18.0272)
August 1 - August 15
X
X
Hoko River (19.0148)
August 1 - September 15
X
Jimmycomelately Creek (17.0285)
August 1 - August 31
X
Lake Ozette (20.0046)
Submit Application
Little Quilcene River (17.0076)
July 16 - August 31
X
Lake Ozette tributaries
July 16 - September 15
X
Lyre River (19.0031)
August 1 - September 15
X
McDonald Creek (18.0160)
August 1 - September 15
X
Morse Creek (18.0185)
August 1 - August 15
X
Ozette River (20.0046)
July 16 - September 15
X
Pysht River (19.0113)
August 1 - September 15
X
Quillayute River (20.0096, 20.0162, 20.0175)
August 1 - August 15
X
X
Bogachiel River (20.0162)
Submit Application
Calawah River (20.0175)
August 1 - August 15
X
X
Salmon Creek (17.0245)
July 16 - August 31
X
Sekiu River (19.0203)
August 1 - September 15
X
Snow Creek (17.0219)
July 16 - August 31
X
Sol Duc River (20.0096)
Submit Application
Lake Pleasant (20.0313)
Submit Application
Lake Pleasant tributaries
July 16 - September 15
X
Sooes River (20.0015)
July 16 - September 15
X
Clark County
July 16 - September 30
Columbia River
See Below
Lacamas Creek (28.0160) - Mouth to dam
August 1 - August 31
X
Lacamas Creek (28.0160) - Upstream of dam
August 1 - September 30
X
Lewis River (27.0168)
August 1 - August 15
X
X
East Fork Lewis River (27.0173) - Mouth to Lucia Falls
August 1 - August 15
X
X
East Fork Lewis River (27.0173) - Lucia Falls to Sunset Falls
August 1 - February 28
X
X
East Fork Lewis River (27.0173) - Upstream of Sunset Falls
August 1 - February 28
X
Lake River (28.0020)
January 1 - December 31
X
X
Burnt Bridge Creek (28.0143)
August 1 - August 31
X
Salmon Creek (28.0059)
August 1 - August 31
X
Whipple Creek (28.0038)
August 1 - September 30
X
North Fork Lewis River (27.0334) - Confluence of East Fork to Merwin Dam
August 1 - August 15
X
X
Cedar Creek (27.0339)
August 1 - September 15
X
North Fork Lewis River (27.0334) - Merwin Dam to Lower Falls
July 16 - August 15
X
X
Canyon Creek (27.0442)
July 16 - February 28
X
North Fork Lewis River (27.0168) - Upstream of Lower Falls
July 16 - August 15
X
X
Washougal River (28.0159) - Mouth to headwaters
August 1 - August 31
X
X
Columbia County
July 16 - September 30
X
Touchet River (32.0097)
August 1 - August 15
X
X
Grande Ronde River tributaries (35.2192)
July 16 - August 15
X
North Fork Touchet/Wolf Fork (32.0761)
Submit Application
South Fork Touchet (32.0708)
Submit Application
Tucannon River (35.0009)
July 16 - August 15
X
X
Walla Walla River (32.0008) - Mouth to Oregon state line
July 16 - September 15
X
X
Mill Creek (32.1436) - Mouth to Oregon state line
August 1 - August 15
X
Cowlitz County
July 16 - September 30
X
Chehalis River (22.0190/23.0190) - South Fork Chehalis River - Mouth to Fisk Falls
August 1 - August 31
X
X
Chehalis River (22.0190/23.0190) - South Fork Chehalis River - Upstream of Fisk Falls
August 1 - August 31
X
Columbia River
See Below
Abernathy Creek (25.0297)
July 16 - September 15
X
Burke Creek (27.0148)
August 1 - August 31
X
Burris Creek (27.0151)
August 1 - August 31
X
Bybee Creek (27.0142)
August 1 - August 31
X
Canyon Creek (27.0147)
August 1 - August 31
X
Coal Creek (25.0340)
July 16 - September 15
X
Clark Creek (25.0371)
August 1 - August 31
X
Cowlitz River (26.0002) - Mouth to barrier dam at river mile 49.5
July 16 - August 15
X
X
Coweeman River (26.0003) - Mouth to Baird Creek
August 1 - August 31
X
X
Coweeman River (26.0003) - Upstream of Baird Creek
August 1 - August 31
X
Cowlitz River (26.0002) - Tributaries below barrier dam to mouth
July 16 - September 30
X
Owl Creek (26.1441)
July 16 - September 15
X
Toutle River (26.0227)
July 16 - August 15
X
X
North Fork Toutle River (26.0314) - Mouth to Debris Dam
July 16 - August 15
X
X
North Fork Toutle River (26.0314) - Upstream of Debris Dam
July 16 - August 15
X
Green River (26.0323) - Mouth to Shultz Creek
July 16 - September 30
X
X
Green River (26.0323) - Upstream of Shultz Creek
July 16 - September 30
X
South Fork Toutle (26.0248) - Mouth to Bear Creek
July 16 - September 15
X
X
South Fork Toutle (26.0248) - Upstream of Bear Creek
July 16 - September 15
X
Tributaries to Silver Lake
July 16 - September 30
X
Germany Creek (25.0313)
July 16 - September 15
X
Kalama River (27.0002) - Mouth to Kalama Falls
August 1 - August 15
X
X
Kalama River (27.0002) - Upstream of Kalama Falls
August 1 - August 15
X
Lewis River (27.0168) - Mouth to East Fork Lewis River
August 1 - August 15
X
X
North Fork Lewis River (27.0334) - Confluence of East Fork to Merwin Dam
August 1 - August 15
X
X
North Fork Lewis River (27.0334) - Merwin Dam to Lower Falls
July 16 - August 15
X
X
Mill Creek (25.0284)
July 16 - September 15
X
Schoolhouse Creek (27.0139)
August 1 - August 31
X
Douglas County
July 1 - September 30
X
Columbia River
See Below
Douglas Creek Canyon (44.0146)
May 16 - January 31
X
Foster Creek (50.0065)
August 1 - April 15
X
McCarteney Creek (44.0002)
July 1 - February 28
X
Pine/Corbaley Canyon Creek (44.0779)
September 16 - April 15
X
Rock Island Creek (44.0630)
July 1 - September 30
X
Ferry County
July 1 - August 31
X
Columbia River
See Below
Kettle River (60.0002)
June 16 - August 31
X
X
Boulder Creek (60.0130) - Mouth to Hodgson Road Bridge
Submit Application
Boulder Creek (60.0130) - Upstream of Hodgson Road Bridge
June 16 - February 28
X
Deadman Creek (60.0008) - Mouth to SR395 Crossing
Submit Application
Deadman Creek (60.0008) - Upstream of SR395
June 16 - February 28
X
Goosmus Creek (60.0254)
June 16 - February 28
X
Toroda Creek (60.0410)
July 1 - September 30
X
San Poil River (52.0004)
June 16 - September 30
X
X
Granite Creek (52.0099) - Mouth to Powerhouse Dam
June 16 - September 30
X
Granite Creek (52.0099) - Upstream of Powerhouse Dam
June 16 - February 28
X
West Fork San Poil River (52.0192) - Mouth to Deep Creek
June 16 - September 30
X
X
West Fork San Poil River (52.0192) - Upstream of Deep Creek
June 16 - September 30
X
Gold Creek (52.0197)
June 16 - February 28
X
Franklin County
June 1 - September 30
X
Columbia River
See Below
Snake River
See Below
Palouse River (34.0003)
July 16 - February 28
X
X
North bank tributaries of the lower Snake River between Palouse River and the mouth of the Snake River
June 16 - October 31
X
Garfield County
July 16 - September 30
X
Snake River (35.0003)
See Below
Alpowa Creek (35.1440)
July 16 - December 15
X
Asotin Creek (35.1716)
July 16 - August 15
X
Deadman Creek (35.0688)
July 16 - December 15
X
Grande Ronde River tributaries (35.2192)
July 16 - August 15
X
Meadow Creek (35.0689)
July 16 - December 15
X
Tucannon River (35.0009) - Mouth to Panjab Creek
July 16 - August 15
X
X
Tucannon River (35.0009) - Upstream of Panjab Creek
July 16 - August 15
X
Pataha Creek (35.0123) - Mouth to Pataha Creek
January 1 - December 31
X
Pataha Creek (35.0123) - Upstream of Pataha Creek
July 16 - December 31
X
Grant County
July 1 - October 31
X
Columbia River
See Below
Crab Creek (41.0002)
July 16 - September 15
X
X
Grays Harbor County
July 16 - October 15
X
Chehalis River (22.0190/23.0190) - Mouth to Porter Creek
August 1 - August 31
X
X
Chehalis River (22.0190/23.0190) - Porter Creek to Fisk Falls
August 1 - August 15
X
X
Chehalis River (22.0190/23.0190) - Upstream of Fisk Falls
August 1 - August 15
X
Cedar Creek (23.0570)
August 1 - September 30
X
Cloquallum Creek (22.0501)
August 1 - September 30
X
Porter Creek (23.0543)
August 1 - September 30
X
Satsop River (22.0360)
August 1 - August 31
X
X
Wishkah River (22.0191)
August 1 - October 15
X
X
Wynoochee River (22.0260)
August 1 - September 30
X
X
Copalis River (21.0767)
August 1 - October 15
X
X
Elk River (22.1333)
July 1 - October 31
X
X
Hoquiam River (22.0137)
August 1 - October 15
X
X
Humptulips River (22.0004) - Mouth to Forks
August 1 - September 30
X
X
Humptulips River (22.0004) - Upstream of Forks
August 1 - September 30
X
Johns River (22.1270)
August 1 - September 30
X
X
Moclips River (21.0731)
August 1 - October 15
X
X
North River (24.0034)
August 1 - September 30
X
X
Queets River (21.0001)
August 1 - August 15
X
X
Quinault River (21.0398)
August 1 - August 15
X
X
Raft River (21.0337)
August 1 - October 15
X
X
Island County
June 16 - October 15
X
Cavalero Creek (06.0065)
June 16 - December 15
X
Chapman Creek (06.0070)
June 16 - December 15
X
Crescent Creek (06.0002)
June 16 - December 15
X
Cultus Creek (06.0026)
June 16 - March 15
X
Deer Creek (06.0024)
June 16 - March 15
X
Dugualla Creek (06.0001)
June 16 - March 15
X
Glendale Creek (06.0025)
June 16 - December 15
X
Kristoferson Creek (06.0062-06.0063)
May 1 - December 15
X
Maxwelton Creek (06.0029)
June 16 - December 15
X
North Bluff Creek (06.0006)
June 16 - March 15
X
Old Clinton Creek (06.0023)
June 16 - March 15
X
Jefferson County
July 16 - October 31
X
Big Quilcene River (17.0012) - Mouth to falls
July 16 - August 31
X
X
Big Quilcene River (17.0012) - Falls to Forks
August 1 - February 28
X
X
Big Quilcene River (17.0012) - Upstream of Forks
August 1 - February 28
X
Bogachiel River (20.0162)
Submit Application
Chimacum Creek (17.0203)
July 16 - September 15
X
Donovan Creek (17.0115)
July 1 - October 15
X
Dosewallips River (16.0442)
July 16 - August 15
X
Duckabush River (16.0351)
July 16 - August 15
X
Dungeness River (18.0018)
August 1 - August 15
X
Elwha River (18.0272)
August 1 - August 15
X
X
Goodman Creek (20.0406)
August 1 - September 15
X
Hoh River (20.0422)
August 1 - August 15
X
X
Little Quilcene River (17.0076)
July 16 - August 31
X
Queets River (21.0001)
August 1 - August 15
X
X
Matheny Creek (21.0165)
August 1 - August 15
X
Sams River (21.0205)
August 1 - August 15
X
X
Quinault River (21.0398)
August 1 - August 15
X
X
Salmon Creek (17.0245)
July 16 - August 31
X
Skokomish River (16.0001)
August 1 - August 31
X
X
Snow Creek (17.0219)
July 16 - August 31
X
Tarboo Creek (17.0129)
August 1 - September 30
X
Thorndyke Creek (17.0170)
August 1 - October 15
X
King County
July 16 - September 30
X
Cedar River (08.0299) - Mouth to Forks
August 1 - August 31
X
X
Cedar River (08.0299) - Upstream of Forks
August 1 - August 31
X
Issaquah Creek (08.0178)
August 1 - August 31
X
Sammamish River (08.0057)
August 1 - August 31
X
Steele Creek (08.0379)
July 16 - February 28
X
Green River (Duwamish River) (09.0001) - Mouth to Sawmill Creek
August 1 - August 31
X
X
Green River (Duwamish River) (09.0001) - Upstream of Sawmill Creek
August 1 - August 31
X
Lake Washington tributaries (08.LKWA)
August 1 - August 31
X