WDFW Seeks To Criminalize Prospecting And Mining On Its Lands

In a series of moves that reek of "government by stealth," a WDFW news release of November 24, 2010 titled, "Commission to consider restricting the use of lead fishing tackle on lakes with loons," contains the buried morsel that the commission is also scheduled to hold public hearings on "Amendments to rules governing the removal of minerals, wood and artifacts from WDFW lands." (Emphasis added.)

According to the WDFW Rules Notification Center, the original notification of this proposed rule change (CR-101) was filed on January 6, 2010 and only mentions "large, old snags ... being cut down for firewood" as the reason for the proposed modifications. The subsequent "Notice and opportunity to comment on this current rule-making proposal" (CR-102) was filed on October 20, 2010 and contained the following language:

Purpose of the proposal and its anticipated effects, including any changes in existing rules: The department currently lacks the ability to prohibit people from cutting down snags and taking mushrooms and berries on land it owns or controls.

Reasons supporting proposal: Snags provide habitat for many species. This proposal will protect that habitat from destruction. The proposal will also minimize the amount of downed dead wood that people can collect and use on the department’s lands, and it will limit the amount of mushrooms that can be taken, to conserve these resources.

It's only when you get to the very end of the document that you find the new language that is of concern to miners:

Unlawful cutting down or removal of dead standing timber, live trees, wood, soil, petrified wood, minerals, fossils, or plants constitutes theft under chapter 9A.56 RCW. (Emphasis added.)

Of particular concern is that this proposal has gone so far towards implementation without the knowledge or involvement of the small-scale mineral prospecting and mining community.

Although the period for written comment (confusingly) ends on December 5, 2010 (Written comment may be e-mailed to lori.preuss@dfw.wa.gov ), the Green Sheet for this action item notes that the Fish and Wildlife Commission will "Receive the staff presentation and any comments from the public." According to the agenda for the December meeting of the Fish and Wildlife Commission, this presentation and comment session will take place at 8:30 AM on Saturday, December 4 in NRB Room 172.

Given the shortness of time remaining to respond to this issue, comments should be sent to the email address in the paragraph above, and/or directed to the Fish and Wildlife Commission at:

Mailing Address:
600 Capitol Way N.
Olympia, WA 98501-1091

Phone: 360-902-2267

Fax: 360-902-2448

commission@dfw.wa.gov

and/or delivered in person at the meeting on December 4 at:

Natural Resources Building
First Floor, Room 175 & 172
1111 Washington St. SE
Olympia, Washington 98501

Parks And Recreation Commission OKs Small Scale Beach Mining

As reported previously on this blog (here, here, here, here and here), on March 20, 2008 SSB 6343 was signed into law requiring the State Parks and Recreation Commission and the Department of Fish and Wildlife to establish a pilot program to allow small scale prospecting and mining on Washington's ocean beaches beginning July 1, 2008.

According to a document released by the Parks and Recreation Commission describing their meeting of November 19, 2010, based on the results of the pilot program, "Parks staff is open to continuing to allow the activity (beach mining)." But before you grab your gear and head for the beaches, remember that SSB 6343 only set up a short-term exemption to the prohibition in RCW 79A.05.165 that makes beach mining unlawful and that the exemption expires on December 1, 2010.

At this point, miners need to wait for the rule making process to be completed which, according to informed sources, could occur by April 29, 2011.

Those who wish to read the November 19 meeting notes of the Parks and Recreation Commission will find the document at the following link:

http://www.parks.wa.gov/agency/commissionmeetings/2010-11-19%20detailed%20Commission%20agenda%20items.doc

The section concerning beach mining is titled "Item E-16: Findings on Small Scale Mineral Prospecting Pilot Program -- Report" and starts on the bottom half of page 32 of the 34 page document.

The Washington State Miner will continue to report on this story as it develops.

Note: The November 19 meeting document linked above is a MS-Word document which can be opened with Microsoft Office, Microsoft Office Word Viewer (available free from Microsoft at https://www.microsoft.com/downloads/en/details.aspx?FamilyID=3657ce88-7cfa-457a-9aec-f4f827f20cac&displaylang=en&pf=true), or with Open Office (available free at http://www.openoffice.org/). For those who do not have any of these applications but who have a .pdf reader such as Adobe Reader, I have created a .pdf version of the meeting document which is available at the link here: http://www.box.net/shared/37pnq4mjkt.

WDGER Introduces Enhanced Online Mapping Application

The Washington Division of Geology and Earth Resources has introduced a new version of its interactive geoscience mapping application. The enhanced application allows one to create custom maps displaying various data and then capture the image as a .jpg file or download it as a printable .pdf file.

In addition to the previously available Washington Interactive Geologic Map and Earth Resource Permit Locations map, four new map themes are offered: Subsurface Geology Information System, Geothermal Resources of Washington, Tsunami Evacuation Map, and Washington State Coal Mine Map Collection.

This new public resource is accessible at the link to the Washington State Geologic Information Portal under "Resources for Prospectors" in the right-hand sidebar or at the link below:

http://www.dnr.wa.gov/ResearchScience/Topics/GeosciencesData/Pages/geology_portal.aspx

The application appears well designed and the functions are largely self-explanatory although a detailed help page is available by clicking on the "?" in the blue circle in the top right-hand corner of the map screen and then on the "Help" link at the bottom of the pop-up box that opens.

You might enjoy playing around with it as a form of "arm chair" prospecting while house-bound during these winter months.

New Geology Map And Data Supplement Released

The Washington Division of Geology and Earth Resources has reported the availability of a new geologic map with accompanying data supplement.

From the WDGER announcement:

Geologic Map GM-76. Geologic map of the Cliffdell and western two-thirds of the Manastash Lake 7.5-minute quadrangles, Yakima and Kittitas Counties, Washington, by P. E. Hammond. 2010. 36 x 48 in. color sheet, scale 1:24,000, with 11 p. text. (Plotted; $23.48, including shipping and handling. Sold through the Washington Department of Printing. Also available online at http://www.dnr.wa.gov/Publications/ger_gm76_cliffdell_manastash_lake_24k.zip [23 MB].)

Open File Report 2010-6. Supplement to GM-76, Geologic map of the Cliffdell and western two-thirds of the Manastash Lake 7.5-minute quadrangles, Yakima and Kittitas Counties, Washington, by P. E. Hammond. 2010. 1 Microsoft Excel file. (Available online only, at http://www.dnr.wa.gov/Publications/ger_ofr2010-6_cliffdell_manastash_lake_supplement.xls [7.2 MB].)

WDGER Announces New Indexes Of Geologic Maps

Having received notice from the Washington Division of Geology and Earth Resources that two new indexes to geologic maps of Washington are available, I have decided to reproduce the communication below including all links:

---------------------------------------

The Washington State Department of Natural Resources, Division of Geology and Earth Resources (DGER), is pleased to present two indexes of geologic quadrangle, quadrant, and whole-state maps of Washington.

Index to geologic mapping of 7.5-minute quadrangles of Washington: http://www.dnr.wa.gov/Publications/ger_24k_mapping_status.pdf

Index to geologic mapping of 30x60-minute quadrangles, state quadrants, and the state of Washington in its entirety: http://www.dnr.wa.gov/Publications/ger_geologic_maps_wa.pdf

Each index lists known geologic mapping from all sources (not just DGER), and allows you to find maps in three different ways: a graphical index on a map of Washington, a list of maps by sorted by quadrangle name, and a list of maps by author (citation).

Please note that these indexes do not cover all geologic mapping done in Washington – only mapping of quadrangles, quadrants, and the whole state of Washington. Other sources of geologic mapping can be discovered in a variety of ways:

Index to Geologic and Geophysical Mapping of Washington (last updated 2003): http://www.dnr.wa.gov/ResearchScience/Topics/GeologicHazardsMapping/Pages/mapindex.aspx
Includes all known published, open-filed, and thesis mapping in Washington, at scales from 1:480 to 1:580,000. All of the maps listed in this index are held at the Washington Geology Library.

Bibliography of the Geology and Mineral Resources of Washington State: http://www.dnr.wa.gov/ResearchScience/Topics/GeologyPublicationsLibrary/Pages/washbib.aspx
An online searchable database of the holdings of the Washington Geology Library, the most comprehensive collection of material on Washington geology in the world.

The DGER publications list: http://www.dnr.wa.gov/Publications/ger_publications_list.pdf
Lists all publications of the Washington Division of Geology and Earth Resources (and predecessors). All DGER publications are now available online – look for the blue link(s) at the end of each publication listing.

WDFW Enforcement Wants To Know: Are You A Satisfied Customer?

Inasmuch as some readers of this blog may have, on occasion while in the field or elsewhere, had contact with WDFW enforcement personnel and may have formed some opinions about said contact, I'm providing links below to WDFW's newly announced "WDFW Enforcement Customer Satisfaction Survey."

The survey form contains about 22 questions and, in addition to the customary multiple-choice responses, has a few boxes for additional comments and, at the end of the form, an email address for "recommendations and suggestions for improvement." WDFW will accept survey responses through the end of this year.

News release link: http://wdfw.wa.gov/news/release.php?id=nov0110a

Direct link to survey: http://wdfw.wa.gov/enforcement/surveys/customer_survey.html

Have at it!

Permanent Rules For HPA Appeals Now In Effect

In case you missed it, WDFW sent the following via email to the WDFW News Releases & Weekender mailing lists yesterday regarding permanent rules for HPA appeals:

WDFW NEWS RELEASE
Washington Department of Fish and Wildlife
600 Capitol Way North, Olympia, WA 98501-1091
http://wdfw.wa.gov/

October 14, 2010
Contact: Lisa Wood, 360-902-2260

Permanent rules for HPA appeals take effect today (Oct. 14)

OLYMPIA - Revisions to the process for appealing Hydraulic Project Approvals (HPAs) - including a change in the board that hears the appeals - take effect today (Oct. 14) under permanent rules.

HPAs are permits issued by the Washington Department of Fish and Wildlife (WDFW) for projects in and around water, such as bridges, docks and culverts. Conditions of the permits are designed to ensure fish and fish habitat are protected during the projects.

Under the revised rules, all formal appeals of HPA decisions and orders imposing civil penalties formerly heard by the Hydraulic Appeals Board or an administrative law judge through the Office of Administrative Hearings will be heard by the Pollution Control Hearings Board.

In addition, appeals can now be requested by email or fax, as well as through traditional mail or hand delivery.

The changes are consistent with Substitute House Bill 2935, adopted earlier this year by the Legislature. Provisions of the bill took effect July 1, 2010.

To comply with the new law, WDFW made the changes to the appeals process in July under a temporary rule. In August, the Washington Fish and Wildlife Commission - a citizen panel that sets policy for WDFW - approved the revisions to permanent rules.

The revised permanent rules are expected to be available in the coming weeks on the state Legislature's website at http://apps.leg.wa.gov/wac/default.aspx?cite=220-110 . For more information on Hydraulic Project Approvals, visit WDFW's website at http://wdfw.wa.gov/licensing/hpa/ .

HPA appeals may be requested by email at HPAapplications@dfw.wa.gov , by fax at (360) 902-2946 or by mail: HPA appeals coordinator, WDFW Habitat Program, 600 Capitol Way North, Olympia, WA, 98501. Requests also can be hand delivered to WDFW's Habitat Program in the Natural Resources Building in Olympia, 1111 Washington St. SE.

New Publications from the Washington Division of Geology and Earth Resources

The Washington Division of Geology and Earth Resources has announced the release of the following six new publications:

Open File Report 2010-1. Geologic map of the Carnation 7.5-minute quadrangle, King County, Washington, by J. D. Dragovich, H. A. Littke, M. L. Anderson, G. R. Wessel, C. J. Koger, J. H. Saltonstall, J. H. MacDonald Jr., S. A. Mahan, and S. A. DuFrane. 2010. 42 x 36 in. color sheet, scale 1:24,000, with 21 p. text. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2010-1_geol_map_carnation_24k.zip [15.6 MB].)

Open File Report 2010-2. Supplement to the geologic map of the Carnation 7.5-minute quadrangle, King County, Washington—Geochronologic, geochemical, point count, geophysical, earthquake, fault, and neotectonic data, by J. D. Dragovich, M. L. Anderson, J. H. MacDonald Jr., S. A. Mahan, S. A. DuFrane, H. A. Littke, G. R. Wessel, J. H. Saltonstall, C. J. Koger, and Recep Cakir. 2010. 42 p. with 8 digital appendices. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2010-2_carnation_supplement.zip [15.7 MB].)

Open File Report 2010-3. Geologic map of the Skokomish Valley and Union 7.5-minute quadrangles, Mason County, Washington, by Michael Polenz, J. L. Czajkowski, Gabriel Legorreta Paulin, T. A. Contreras, B. A. Miller, M. E. Martin, T. J. Walsh, R. L. Logan, R. J. Carson, C. N. Johnson, R. H. Skov, S. A. Mahan, and C. R. Cohan. 2010. 42 x 36 in. color sheet, scale 1:24,000, with 21 p. text. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2010-3_geol_map_skokomish_valley_union_24k.zip [38.0 MB].)

Open File Report 2010-4. Geologic map of the Lilliwaup 7.5-minute quadrangle, Mason County, Washington, by T. A. Contreras, Gabriel Legorreta Paulin, J. L. Czajkowski, Michael Polenz, R. L. Logan, R. J. Carson, S. A. Mahan, T. J. Walsh, C. N. Johnson, and R. H. Skov. 2010. 27.5 x 36 in. color sheet, scale 1:24,000, with 13 p. text. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2010-4_geol_map_lilliwaup_24k.zip [12.5 MB].)

Open File Report 2010-5. Supplement to geologic maps of the Lilliwaup, Skokomish Valley, and Union 7.5-minute quadrangles, Mason County, Washington—Geologic setting and development around the Great Bend of Hood Canal, by Michael Polenz, T. A. Contreras, J. L. Czajkowski, Gabriel Legorreta Paulin, B. A. Miller, M. E. Martin, T. J. Walsh, R. L. Logan, R. J. Carson, C. N. Johnson, R. H. Skov, S. A. Mahan, and C. R. Cohan. 2010. 27 p. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2010-5_lilliwaup_skokomish_valley_union_suppl_24k.pdf [1.6 MB].)

Information Circular 111. Inactive and abandoned mine lands—Ruby mine, Nighthawk Mining District, Okanogan County, Washington, by F. E. Wolff, D. T. McKay, and D. K. Norman. 2010. 11 p. (Available online at http://www.dnr.wa.gov/Publications/ger_ic111_iaml_ruby.pdf [6.6 MB].)

The above publications are available for download from the links above -- and therefore free!

Miners' Meeting and Potluck at Liberty June 5

Richard Baasch of the North Central Cascades Mining Association is inviting all miners to attend a meeting and potluck dinner on June 5. From the email:

The North Central Cascades Mining Association (NCCMA) is extending an open invitation to all miners and their families for its next meeting and potluck picnic dinner. This event will be held at 4:00 pm next Saturday, June 5^th 2010 at “The “Toolshed”, near Liberty, WA. Things will kick-off with introductions and a short meeting, followed by a potluck dinner. Grilled hot dogs are provided and attendees are asked to bring a picnic style dish/desert to share. This will be a VERY informal outdoor affair followed by a special “Eyes In The Woods” training session.

Again from the email:

Directions: “The ToolShed” is located roughly 14-miles East of Cle Elum off US Highway 97. From Cle Elum proceed East, direction Wenatchee. (On the right), take the Liberty Road cut-off from Highway-97, heading toward Liberty, WA. The “ToolShed” is approximately 3/10ths mile on the LEFT. This building is physically located back away from the road, but you’ll see cars parked off the road along the nearby tree line. A sandwich board sign, “Miner’s Meeting Today” along the roadside marks a dirt-road on the LEFT that takes you approximately 100-yards along a grassy field.

Those desiring more information may contact Rich Baasch at (253) 858-4885.

WDFW Changes Meeting Plans Regarding New Prospecting Rules

Information just received is that WDFW has canceled the June 2 meeting with the Mineral Prospecting Workgroup to discuss proposed changes to the rules. According to WDFW:

Washington Department of Fish and Wildlife has decided NOT to pursue any changes to the mineral prospecting rules at this time. Therefore, the meeting of the mineral prospecting workgroup that was scheduled for June 2 is CANCELLED. Please remove that meeting from your calendar.

Instead, WDFW plans to meet with the prospector representatives of the workgroup at the time originally scheduled for the now canceled meeting. The stated purpose of this new meeting is to discuss WDFW's future mineral prospecting rule-making plans and how those plans may relate to their "efforts to obtain a Habitat Conservation Plan for the Hydraulic Program under the Endangered Species Act."

Washington State Miner is following this story and will report more information as it becomes available.

WDFW: Changing the Rules in the Middle of the Game?

It appears that WDFW is undertaking to amend the mineral prospecting rules that went into effect only last year. And it further appears that they have been doing so intentionally under the radar of the small-scale prospecting and mining community.

This information comes from a somewhat widely shared email from Bill Thomas of the Resources Coalition dated May 17, 2010. Here is a summary of the situation quoted from the email:

• WDFW has been meeting with NMFS and USFWS bi-weekly Since December revising the rules
• WDFW filed the CR-101 (intent to conduct rule making) on Feb 23, 2010
• A set of the proposed changes as of 1/27/10 can be seen in document -010. There are some absurd changes being proposed, Looks like the 1999 Green book all over again and changing dates on some streams and making some "submit application".
• WDFW has scheduled a meeting for members of the Mineral Prospecting Rules Development Work Group for June 2, 2010. They plan on telling what the changes will be & why. They MAY take some of our comments, then File the CR-102 which will identify the proposed rules and open public comment.
• WDFW Director has suggested that the Commission ADOPT the rules the same day as they hear public testimony. Given the time requirements for public comments after filing of the CR-102, the earliest this can happen is August.

Were they implemented,the proposed changes to the rules appearing in the document linked in the third bullet-point above would seriously impair the ability of small-scale prospectors and miners to carry out exploration and development work along state watercourses. To counter the adoption of these new rules, Bill Thomas advocates contacting our legislators. To facilitate this undertaking, he has provided a sample letter together with supporting documentation which can be copied, pasted, and adapted by each individual to suit their own needs. This document, which is in .doc format and can be opened and modified with any text editor, is quite educational reading in its own right. The link to it is here.

If you need help identifying your Washington State legislators, please visit the link here and fill in your address information in the boxes at the top of the page. Contacting our legislators needs to happen sooner rather than later as WDFW seems to have put this revision effort on the fast track.

Reid: No Mining Reform This Year

According to an item in the Seattle PI, Senate Majority Leader Harry Reid of Nevada says Congress won't have time to consider mining reform legislation this year.

It would therefore appear that legislation such as H.R. 699, the "Hardrock Mining and Reclamation Act of 2009," is going nowhere for at least the time being.

Read the article at the link here.

New Publication from Washington Division of Geology and Earth Resources

For those who are interested, the Washington Division of Geology and Earth Resources has published:

Information Circular 110. Inactive and abandoned mine lands—Republic mining district, Ferry County, Washington, by F. E. Wolff, D. T. McKay, and D. K. Norman. 41 p. (Available online at http://www.dnr.wa.gov/Publications/ger_ic110_iaml_republic_mining_dist.pdf [74 MB].)

This publication is, of course, free for the taking.

SB 6448 Passed to Rules Committee

For those of you following the slow-motion train wreck of our ability to peacefully work our claims free of theft-under-color-of-law, first substitute SB 6448 has been passed to the Rules Committee for a second reading by executive action taken in the Senate Committee on Ways & Means at 1:30 p.m. yesterday. (See link here.)

And so it continues.

A Suggestion and an Offer from a Reader re: SB 6448

Angel Lund, a reader of this blog, sends the following:

I see that the SB 6448 is not effective until July 1, 2010.

May I suggest that everyone apply for a least 1JARPA for a HPA before then (no cost).

Also I am willing to help anyone needing help filling out their JARPA and I am willing to send copies of my JARPA applications(Slate Creek, Chiwawa River, and Blewett area) to anyone who would like one.

Please pass this along as appropriate.

Sincerely,

Angel Lund
eastwaangel@yahoo.com

Thanks to Angel for this offer of assistance with JARPAs. Let us hope also that we can prevent SB 6448 from ever becoming "effective."

ALERT: Public Hearing on Substitute SB 6448 Monday at 1:30 P.M. in Olympia

As reported in an earlier post here, Substitute SB 6448 was referred to the Senate Ways & Means Committee. This committee has scheduled a public hearing on the bill for Monday, February 8, at 1:30 p.m. Unfortunately, the notice I received did not say where the meeting would be. In the past, this committee has met in Senate Hearing Rm 4 of the J.A. Cherberg Building in Olympia. The committee's phone number is 360-786-7715 for anyone who wants to and can attend this meeting to get the location.


This is very short notice which I received only minutes ago causing me to think dark thoughts as the agenda for Senate Ways & Means came out on the 5th and announced a meeting on the 8th for 3:30 p.m. with no specific bill to be discussed.

Grrr.

Substitute SB 6448 Referred to Senate Ways & Means

As reported in yesterday's post here, the Senate Natural Resources, Ocean & Recreation Committee recommended that a substitute version of SB 6448 (see posts here, here, and here on the original bill) be passed and referred to Ways & Means. This has now been done.

The substitute bill appears much as described in the Senate Bill Report discussed in yesterday's post linked above. The full text of the substitute is now available at the link here as well as at a link in the "Legislative Alerts" section of the right-hand sidebar of this page.

Although mining projects authorized under the Gold & Fish pamphlet would not (for now) require a fee, the minimum proposed fees for mineral prospecting activities not covered by the pamphlet would be $250 (application submittal fee) + $275 (permit processing fee) = $525. (See pages 14 and 15 of the bill text for details.)

In my opinion this is still a bad bill for the miners and, if passed, poised to become a worse one in future incarnations.

Washington DGER Announces Online Release of Nine Complete Series of Geological Publications

The Washington Division of Geology and Earth Resources has announced the availability of a large variety of geologic data via online access. For details, here is the email I received from them on this subject:

The Washington State Department of Natural Resources, Division of Geology and Earth Resources (DGER), is happy to announce that our complete series of Annual Reports (AR), Bulletins (B), Geologic Maps (GM), Information Circulars (IC), Reports of Investigations (RI), and Open File Reports (OFR) are now available online in PDF format. These join our Digital Reports (DR), Field Trip Guides (FTG), and Resource Maps (RM) series that were already available online.

All of our online publications may be accessed through our Publications List at http://www.dnr.wa.gov/Publications/ger_publications_list.pdf. Look for the blue link(s) at the end of each publication listing.

Publications are organized by series in the publications list. Some types of publications, such as geologic maps, occur in several series and may be hard to locate this way. We are developing indexes to make geologic publications easier to find. For example, we have developed a index of geologic mapping of 7.5-minute topographic quadrangles from all sources (not just DGER), which includes a graphical index on a map of Washington, a list of maps by sorted by quadrangle name, and a list of maps by author (citation). Find this index at http://www.dnr.wa.gov/Publications/ger_24k_mapping_status.pdf. Links to online publications, where known, are included. This index will be updated as we are made aware of new mapping.

Look for more DGER publications to be posted online soon!

When I clicked on the first link in the email, a .pdf file downloaded to my computer. This file is a 32 page catalog of geologic publications. Included are many out-of-print documents such as this item on page 5:

6. Geology and ore deposits of the Blewett mining district, by C. E. Weaver. 1911. 104 p., 10 pl., 1 fig. [ONLINE] Out of print

Clicking on the [ONLINE] link in the catalog listing downloads a copy of the bulletin as a .pdf file.

The second link in the email leads to an 11 page .pdf document that shows available geologic quadrangle maps and provides links, similar to those in the publications catalog, that download a copy of the associated map.

All in all, there is a tremendous amount of free information here that should prove useful to those who like to research the geology and mineral resources of an area before they go into the field.

Happy prospecting!

Senate Natural Resources, Ocean & Recreation Committee Takes Executive Action on SB 6448

In an executive session at 8:00 a.m. this morning, the Senate Natural Resources, Ocean & Recreation Committee issued a majority report that a substitute version of SB 6448 (see posts here, here, and here) be passed and referred to the Committee on Ways and Means.

I have not been able to find the actual text of this substitute bill but, according to the "Senate Bill Report" issued today, the proponents of this legislation have backed down on the levying of a fee for the Gold and Fish pamphlet. The pertinent statements are (emphasis added):

Exempts from the fees activities conducted under: the Family Forest Fish Passage Program; a pamphlet permit for removing and controlling noxious weeds or small scale prospecting and mining; and an approved forest practices permit. (page 2)

and

exempts from HPA fees pamphlet permits, Family Forest Fish Passage Projects, and activities conducted under an approved forest practices permit; (page 3)

Horrendous fees would apparently still apply to individual HPAs.

Even with these changes, this bill is still a camel's nose under the tent in that future circumstances could always be called upon to "justify" extending the fees to pamphlet permits in the interests of some misguided concept of "fairness."

Also of note on pages 3 and 4 of the report were names of the persons testifying on the original bill at the public hearing on January 20: in favor -- one person from the Governor's office and two from WDFW; against -- nine people (including five representing pro-mining organizations).

You can download and read this report for yourself from the links here and (less directly) here.

Three Mining-Related Bills to be Subject of Public Hearing in Olympia

Three bills of interest to miners are scheduled for a public hearing on February 2 at 1:30 pm before the House Full Committee on Agriculture & Natural Resources in House Hearing Room B of the John L. O'Brien Building in Olympia.

Two of these bills have already been discussed on this blog: HB 2597 which would abolish the HPA process entirely (see here, here, and here) and HB 3037 which is a companion bill to SB 6448 and would, among other horrendous things, impose a $100 fee for the Gold & Fish pamphlet (see here and here).

The third bill is HB 2974 which would make some modifications to the enforcement provisions of chapter 77.55 RCW. The meat of this proposed legislation is contained in the following wording:

NEW SECTION. Sec. 1. A new section is added to chapter 77.55 RCW to read as follows:
(1) Concurrent with the initiation of an enforcement action under RCW 77.15.300, 77.55.291, or any other provision of this chapter, and within existing resources, the department must provide the person against whom an enforcement action is being taken with a statement of violation prepared consistent with the requirements of this section.
(2) Any statement of violation prepared under this section must include, at a minimum, the following contents:
(a) A detailed explanation of how the offending project is causing harm to fish life;
(b) Evidence of individual fish actually being harmed by the project, if any, including any documentation of instances of fish mortality linked to the project; and
(c) A signature by a department biologist confirming that the biologist has personally and physically investigated the impacts of the project and attests to the accuracy of the information contained in the statement of violation.
(3) The department may not pursue enforcement against any individual for a violation of this chapter that arises after the effective date of this section unless the statement of violation is provided at the time of the initiation of the enforcement action.

The apparent purpose of this bill is to require enforcement agents to produce evidence of actual harm that has occurred to fish as the result of a project instead of the current system which seems to work along the lines of "we're fining you because we think what you're doing might harm fish." Such a change would be a step in the right direction although it will do little to mitigate the damage to prospecting and mining that will occur if something along the lines of HB 3037/SB 6448 becomes law.

HB 2974 has a substantial number of sponsors in Representatives Orcutt, Herrera, Taylor, McCune, Klippert, Pearson, Kretz, Warnick, and Johnson. You can track progress of this bill at the link here. You can find the text of HB 2974 at the link here and in a link in the Legislative Alerts section of the right-hand sidebar of this blog.

HB 3037 - Companion Bill to SB 6448 - Introduced in the House

I hate to be the bearer of bad news, but SB 6448, the senate bill that would require us to pay a fee of $100 every five years for the priviledge of panning for gold or other minerals (not to mention higher fees for applying for permission to engage in other small-scale mining operations as presented in a previous post), now has a "companion" bill in the state house of representatives: HB 3037.

This latest effort in support of plundering the small-scale miners of Washington state was undertaken by Representatives Jeannie Darneille, (D - Tacoma and Majority Caucus Vice Chair); Dave Upthegrove (D - Kent); Hans Dunshee (D - Lake Stevens); and Zachary Hudgins (D - Seattle and Majority Floor Leader).

I have not read the entire text of this bill (doing so makes me ill) but looking it over it appears to be a near carbon copy of SB 6448. For those who are interested, the document can be accessed at the link in the first paragraph above as well as in .pdf form at the link here and in the "Legislative Alerts" section of the right-hand sidebar of this blog.

Both of these companion bills seem to be getting the big push while HB 2597, which would abolish the whole HPA process, seems to have gotten the shove. Government has to rob somebody to pay for all the wonderful "servicing" we enjoy and it looks like this time our mis-representatives intend for it to be the miners. Unless we can make enough noise to scare the jackels off.

More as it becomes available.

New Bill in State Senate Would Devastate Small-Scale Mining

As if to prove the truth of Judge Gideon J. Tucker's observation that "No man's life, liberty or property are safe while the legislature is in session," Senator Ken Jacobsen (D-Seattle) has introduced SB 6448. This particular piece of legislative perversity has a number of "features" that should prove both perplexing and dismaying to the small-scale mining community. A brief summary follows:

Things get going on page 4 with the definition:

(14) "Small scale prospecting and mining" means the use of only the following methods: Pans; nonmotorized sluice boxes; concentrators; and minirocker boxes for the discovery and recovery of minerals.

This definition sort of leaves the status of dredges, highbankers, mini-highbankers and even spiral wheels in limbo.

Page 10 discloses that Section 6 permit fees will take effect on July 1 as per the schedule on page 11:

$100 for a "Pamphlet permit," which fee must be paid every five years.
$250 for an "Application submittal," plus up to
$5,250 for a "Permit processing fee."
$150 for a "Permit modification."

In case there's any doubt, the language on page 15 makes it clear that these fees apply to small-scale mining and prospecting operations:

(4) Permittees conducting activities under authority of pamphlets issued under this section (Sec. 10. RCW 77.55.091 and 2005 c 146 s 402 - Tom) must possess proof of payment of any applicable fees required by section 6 of this act.

Page 10 also discloses that

Unlawfully undertaking hydraulic project activities is a gross misdemeanor.

The civil penalties for daring to dig the queen's gold without proper authorization are described on pages 12 and 13:

Sec. 8. RCW 77.55.291 and 2005 c 146 s 701 are each amended to read as follows:

(1)(a) The department may levy civil penalties of up to one hundred dollars per day ((for violation of any provisions of RCW 77.55.021)) when a person:

(i) Constructs any form of hydraulic project or performs other work on a hydraulic project and fails to have a hydraulic project approval required under this chapter for such construction or work;
(ii) Violates any requirements or conditions of the hydraulic project approval for the construction or work;
(iii) Fails to pay applicable application submittal or permit processing fees within thirty days of receipt of expedited permits or the written follow-up to emergency oral approvals under RCW 77.55.021;35 or
(iv) Violates any rule adopted under RCW 77.55.021, 77.55.081,2 77.55.091, or section of this act that identifies the time, manner, locations, methods, or other conditions under which an activity is approved or not approved.

This bill is scheduled for a public hearing before the full Natural Resources, Ocean & Recreation Committee on 1/20/2010 at 8:00 A.M. in Senate Hearing Room 2 of the J. A. Cherberg Building in Olympia. (In the meantime, HB 2597, discussed in posts here, here, and here and beneficial to miners, languishes in the House Agriculture and Natural Resources Committee.)

Current information on SB 6448 is available at the link near the top of this post. You may also download a .pdf copy of SB 6448 at the link here and at the link in the right-hand sidebar in the "Legislative Alerts" section of this blog.

HB 2597 Gains New Sponsors

HB 2597, which would abolish the HPA process as reported in a previous post, has two new sponsors.

Representative Kirk Pearson, who introduced the bill, has now been joined by Representatives Judy Warnick and Joel Kretz. Contact information for these three representatives may be found by clicking on their names/links above.

Update on HB 2597

HB 2597, the bill in the Washington legislature that would abolish the HPA process as reported on in a previous post, had its first reading today and was referred to the committee on Agriculture & Natural Resources.

More information as it develops.

New Bill in Legislature Would Abolish HPA Process

Washington miner Bruce Beatty has kindly informed this writer of a bill in the Washington state legislature that would eliminate the HPA (Hydraulics Project Approval) process.


HB 2597, titled, "AN ACT Relating to streamlining state environmental permitting through the elimination of the hydraulics project approval process;" was "prefiled for introduction" on January 8 by Representative Kirk Pearson (R) of Index.


Perhaps the key section of the bill of interest to miners is this one:


12 NEW SECTION. Sec. 9. The following acts or parts of acts are each
13 repealed:
...
27 (8) RCW 77.55.091 (Small scale prospecting and mining--Rules) and
28 2005 c 146 s 402 & 1997 c 415 s 2;


The current text of HB 2597 is 15 pages long and may be found on the legislature's website by visiting the link below and clicking the "original bill" link in the "Available Documents" section at the bottom of the page.


http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2597&year=2009


There is also an orange RSS feed link for this bill available on the above page that will allow the subscriber to recieve notices of changes in the bill's status.


In addition, I have provided a link to the .pdf file of the current bill here as well as in the right-hand sidebar under the "Legislative Alerts" heading.


Representative Pearson may be contacted via the information found here.


Washington State Miner will continue to follow this and any related legislation.