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