New Mineral Prospecting and Mining Rules Proposed by WDFW

We've seen this before and what a fight it was last time!

The current Gold and Fish pamphlet containing the rules for mineral prospecting and placer mining was developed in 2008 and took effect in April, 2009. Significant input from the Small Scale Prospecting and Mining Community had a large impact in making the rules workable, if not altogether ideal, for miners. It now appears that the rules are about to change again for the worse unless we take immediate action.

One disturbing aspect of this change is the announcement in an email from the Resources Coalition that WDFW is no longer seeking the cooperation of the Small Scale Prospecting and Mining Community in the development of the new rules that is now underway. Below is the Resources Coalition email reproduced with permission:

Click above images to enlarge.

As mentioned in the above email, WDFW has scheduled a public meeting to focus on the proposed changes to the mineral prospecting and placer mining rules. When and where is as follows for this event:

When October 23, 2013 6:00 P.M. to 8:00 P.M.

Where Natural Resources Building

Capitol Campus

NRB Room 172

Olympia, Wash.

Some of the proposed changes that are outlined in the HYDRAULIC CODE RULE CHANGES Draft Programmatic Environmental Impact Statement are the following:

Existing WAC Numbers: WACS 220-110-200, 220-110-201, 220-110-202, 220-110-206 are to be replaced by Proposed WAC Number: WAC 220-110-300. The document notes on page 35 that,

The rules adopted by the Washington State Parks and Recreation Commission allowing certain beach prospecting activities in marine waters are covered by the Gold and Fish pamphlet so an individual HPA to legally prospect on ocean beaches is not required. Timing change to the Nooksack and Wenatchee Rivers reflect the results of spawning surveys. (Emphasis added.)

Multiple sections have been combined. A new section on mineral prospecting on ocean beaches has been added, including where beach prospecting may occur and what equipment may be used. General requirements for mineral prospecting are included in the Gold and Fish pamphlet. Authorized work times for mineral prospecting in state waters have been changed and are listed in a table. (Emphasis added.)

On page 47 we learn that the Existing WAC Number WAC 220-110-020 is to be replaced with the Proposed WAC Number WAC 220-110-030 and that,

Definitions have been separated into three categories: general terms, mineral prospecting specific terms, and aquatic plant removal and control specific terms. Existing definitions have been updated and new definitions have been added. (Emphasis added.)

The present author has not had time to scour both old and new lists of definitions but would caution that significant changes could lurk there.

On page 97 of the Draft EIS we are treated to a list of the Potential Impacts to Fish Caused by Mineral Prospecting:

-Injury/mortality

-Degraded physical habitat (spawning substrate)

-Reduced prey availability

-Reduced productivity

Please note that all of these “potential impacts” are probably as speculative as they sound since no credible data are presented that any of them actually result from small-scale mineral prospecting or mining. Please note further that all of these impacts are of a negative nature, omitting such reported benefits to fish as mercury removal from streams that occurs as a result of suction dredging.

In any event, there is much to contest here and members and supporters of the Small Scale Prospecting and Mining Community are well advised to attend the Olympia meeting in droves lest we find our property rights and livelihoods steamrolled by environmental special interests.

Comments on the Draft EIS must be received by WDFW no later than 5:00 P.M. on November 15, 2013. WDFW states that,

You can submit your comments any one of the following ways:

Email to SEPAdesk2@dfw.wa.gov

Online at the WDFW SEPA website comment link at:

http://wdfw.wa.gov/licensing/sepa/sepa_comment_docs.html

Fax to (360) 902-2946

Oral or written comments at the workshops and public meetings (As on 10/23/13 - Emphasis added.)

Mail comments to SEPA Responsible Official:

Bob Zeigler, SEPA/NEPA Coordinator,

600 Capitol Way North,

Olympia, WA 98501-1091

When you send us your comments, please include the name of the proposal and your name in the subject line of your comment, following this example:

Re: Hydraulics Code Rule Changes Draft PEIS - Your Name

For those interested, the Draft EIS and the proposed Chapter 220-110 WAC

HYDRAULIC CODE RULES are available at the link here under “Downloads” at the top of the box in the right-hand column.