The "Give Fish a Chance Act" Would Effectively End Gold Prospecting in Washington

Two of our self-styled 'betters' in Olympia, Democratic representatives of the environmentalist lobby Gael Tarleton (36th Legislative District) and Gerry Pollet (46th Legislative District), have undertaken a project to effectively ban small-scale mining and prospecting in Washington.  By sponsoring HB 2579, the cloyingly-named "Give Fish a Chance Act," they would impose a $150 permit fee just to wet a gold pan.

Some of the highlights (or 'lowlights,' depending on your point of view) of this bill are the following:

1.  Language added to RCW 77.55.021 Sec. 2. (7) (a) would require that:  "The department may not issue a permit under this chapter for the use of a suction dredge in any state waters that have been designated as critical habitat for threatened or endangered species by the United States fish and wildlife service or the United States national oceanic and atmospheric administration or in the
tributaries of any freshwater state waters that have received critical habitat designation."[Capitalization errors in original.]

The foregoing further limits the number of streams in which one may operate a dredge, assuming one can still afford gas for it after paying the permit fee.

2.  RCW 77.55.091 Sec. 3. (1) is amended to read:  "The department shall require the permit for mineral prospecting and mining described in section 4 of this act for activities conducted in accordance with the gold and fish pamphlet."

The above section would eliminate the Gold & Fish pamphlet's role as a permit in and of itself.

3.  RCW 77.55.091 Sec. 3. (2) is replaced with amended language from Sec. 3. (3) to read:  "The department shall distribute a gold and fish pamphlet that describes methods of mineral prospecting that are consistent with the department's rule.  The pamphlet shall be written to clearly indicate the mineral prospecting and mining methods that require a permit under this chapter or section 4 of this act and the mineral prospecting and mining methods that require compliance with the pamphlet.  To the extent possible, the department shall use the provisions of the gold and fish pamphlet to minimize the number of specific provisions of a written permit issued under this chapter."

This latest section seems to offer a grain of hope that the kindly souls at WDFW may declare that some "mineral prospecting and mining methods" do not require a permit.  Those familiar with the historic attitude of WDFW personnel towards small-scale mining will realize that this 'grain' is most unlikely to germinate, let alone bear fruit.

4.  RCW 77.55.091 Sec. 3. (3) is eliminated.

5.  The real kicker comes in "New Section" 4.  Among other requirements, Sec. 4. states:  "A mineral prospecting and mining permit is required to conduct small scale prospecting and mining and any mineral prospecting and mining not prohibited under RCW 77.55.021(7)(a).  [The 'Critical Habitat' dredge prohibition quoted in 'highlight' 1 above.]  The fee for the permit is one hundred fifty dollars.  In addition to the permit, compliance with the pamphlet referenced in RCW 77.55.091(2) is required in order to conduct mineral prospecting and mining."  [Emphasis added.]

6.  RCW 77.55.091 Sec. 5. (2) (c) and (d) are amended to tie up any loose ends by excluding the fee exemption for hydraulic projects authorized by the Gold & Fish pamphlet and for mineral  prospecting and mining activities.

If enacted, this bill will be a disaster for small-scale prospecting and mining as only the large mining corporations could afford the required fees.

Lost from the proposed amendments to RCW 77.55.091 is the 'Findings' clause in the code as it currently stands:

Findings -- 1997 c 415: "The legislature finds that small scale prospecting and mining: (1) Is an important part of the heritage of the state; (2) provides economic benefits to the state; and (3) can be conducted in a manner that is beneficial to fish habitat and fish propagation. Now, therefore, the legislature declares that small scale prospecting and mining shall be regulated in the least burdensome manner that is consistent with the state's fish management objectives and the federal endangered species act." [1997 c 415 § 1.]

Perhaps Tarleton and Pollet need to be reminded of the legislature's historic position on this issue?

HB 2579 is currently in the House Agriculture & Natural Resources committee and may be tracked at the link here.

Comments on HB 2579 may be submitted to legislators in all districts at the link here.

(Your author's comment to the legislators:  If enacted in these already trying economic times, the $150 fee would effectively preclude small-scale prospecting and mining.  It would thereby not only
fail to generate additional revenue, but also negate current economic benefits to the state from these activities.  HB 2579 appears to be little more than an indirect attempt to ban small-scale mining on the dubious premise that doing so will improve the lot of fish.  Inasmuch as fish don't vote, I would hope the legislators would be more concerned with improving the lot of their constituents, or with at least not inflicting further hardships upon them.)

Gael Tarleton's and Gerry Pollet's  contact information may be found on their web pages linked in the first paragraph of this post.

A PDF file of HB 2579 may be downloaded from the link here.

Northwest Mining Association Gets a New Name

After 119 years, the Northwest Mining Association has chosen a new name to better reflect the fact that it now boasts 2,400 members from 42 states, seven Canadian provinces, and ten other countries.

Following an 18 month review and input from its members, the association has changed its name to American Exploration and Mining Association.  The organization plans to continue its mission of educating the public and policymakers about the importance of the mineral industry.

The new web address is www.miningamerica.org and this change, together with the new name, is now reflected in the right-hand sidebar section titled Clubs and Organizations.

USGS Quadrangle Maps Get a Major Re-Do

With winter seemingly approaching an end, some of us may be thinking about the coming season's prospecting opportunities.  One of the essential tools for exploring the back-country in search of valuable mineral deposits is a good map.  For many years, the U. S. Geological Survey's 7.5' quadrangle maps have fulfilled this role.  Graphically displaying landforms, elevation contours, streams, lakes, and other bodies of water, as well as roads, trails, selected buildings, and other man-made features (including mines!), these maps have proven indispensable for staying oriented and on track in the wilds.

In 2013 the USGS began phasing in a significant design change for the venerable 7.5' quadrangle map.  The new design incorporates information from The National Map databases to produce a digital quadrangle map with increased accuracy and selectable layers showing orthoimagery, transportation features, geographic names, topographic contours, boundaries, hydrography,  woodland, structures, and the United States National Grid.  The Public Land Survey System, with its townships and sections, is in the process of being added to these maps.  In order to keep the maps as current as possible, the orthoimagery base layer will be updated at least every three years.

These digital maps are available online for free download as PDF files with a geospatial extension and are known as Geo-referenced PDFs (or GeoPDFs).  Most map files seem to run about 20MB in size and can be opened with the free Adobe Reader or any other PDF reader that shows layers.  (For the illustrations in this article, I used the free Nitro Reader 3 software.)

As an example, consider the GeoPDF for the Monte Cristo, Washington, quadrangle with all data layers turned on:

Click image for full size.

On the left-hand side of the image you can see the layers menu, which allows you to control the information displayed on the map.

To better see the detail, let's look at an area on the map showing the junction of Silver Creek with the North Fork of the Skykomish River:

Click image for full size.

The contour lines and other map features are superimposed on the orthoimagery, which gives a very good idea of terrain as well as the ground cover.  While the imagery layer may give a good idea of what the countryside looks like when viewing the map on a computer, it would probably not be suitable for a printed map to be used in the field.  We can create a map without the aerial image by unchecking the orthoimagery layer in the PDF.  The result, reproduced below, would easily show compass bearing lines, GPS way-points, and other marks the user may wish to add while using the map outdoors:

Click image for full size.

Although one can order paper versions of these maps from the USGS, the ones I've seen all show the orthoimagery layer.  While these maps would probably make handsome display items if framed, as mentioned above they would probably not be suitable for work in the field.  Add to that the fact that they cost (as of this writing) $15 each and you have another incentive to look for an alternative.

The practical alternative is to print your own maps showing only those data layers you want.  The  best way I know to do this on a printer that only accommodates paper up to letter size is to use the
"Tiling/Poster" setting in the printer driver menu.  (Check your printer manual for how to access this feature.)  With my Canon MG2200, the 'Printer Properties" menu containing this setting is accessible from the PDF viewer application.  This setting divides the image into multiple parts, each of which prints on its own page.  The setting usually also provides an option for printing "Cut/Paste" lines in the margins of the sections to aid in taping them together.  If your printer doesn't have a "Tiling/Poster" setting and you don't have the rather expensive Adobe Acrobat application (which incorporates this feature), you may be able to find a free software application that will allow you to perform this operation.  One option for Windows might be PosterPrint.  I haven't tried this software, so proceed with caution if you opt to use it.

If you are using Adobe Reader to view these maps, there is a free extension for it called the TerraGo Toolbar which you can download and install.  This toolbar allows you to perform a number of special operations with the  map, such as finding coordinates, measuring lengths and areas, tracking the current position of an attached GPS unit, adding notes, lines, shapes, stamping information onto the map, etc.  I haven't tried this feature yet so can only go by the descriptions of its operations provided by the USGS.

In addition to the US Topo series of maps, all USGS previously issued topographic maps are  available for free download from the same source as the new maps.

The US Topo mapping program is an ongoing project with more features to be added as time goes on.  Incidentally, Washington is one of the states scheduled for updating in 2014.

Below are links to resources for obtaining and using these maps:

Select and download US Topo and historical topographic maps.

Factsheet on the US Topo map series.

Quickstart Guide for using US Topo maps and historical topographic maps.

In addition to the links listed above, I have updated the link to the USGS Store in the MAPPING APPLICATIONS & ONLINE SPACIAL DATA section of Resources for Prospectors in the right-hand sidebar to provide access to both the new US Topo and all the historical topographic maps.

Proposed Mineral Prospecting Rules Changes to be Subject of WDFW Commission Briefing

The proposed changes to the mineral prospecting rules (see, here) will be the subject of a briefing at the WDFW Commission meeting January 10 and 11 at the Comfort Inn Conference Center,
1620 74th Avenue SW, Tumwater, WA.

According to the summary on the Commission website, the proposed changes to the rules are:

Multiple sections have been combined into a single section. A new section on mineral prospecting on ocean beaches has been added, including where beach prospecting may occur and what equipment may be used. The provisions for mineral prospecting on ocean beaches prospecting are included in the Gold and Fish pamphlet. Authorized work times for mineral prospecting in Nooksack and Wenatchee Rivers have been changed and are listed in a table. The timing in the Nooksack River changes from July 16 – August 15 to submit application. The timing in the Wenatchee River from the mouth to Leavenworth changes from July 1 – July 31 to July 15 – September 30 and from Leavenworth to Lake Wenatchee changes from July 31 [Sic...July 1] – July 31 to July 15 – August 15.

As pointed out in the reminder on this topic in the Resource Coalition's January newsletter, the draft rules are not open for discussion at this time but public comments may be made to the Commission regarding the process, lack of science, and manipulated studies that are being used as a basis for these proposed rules.  Persons interested in commenting at this meeting should be aware that the only times allowed on the meeting agenda for this activity are 8:45am on Friday, January 10 and 8:30am on Saturday, January 11.  The "Procedure for Public Testimony" may be found here.  "Be aware that items may be taken out of order, and that the times listed are estimates only."

New Free Publications From the Washington Division of Geology

The Washington Division of Geology and Earth Resources has

announced the availability of the following free

publications.  The links below lead to downloadable PDFs:

Map Series 2013-01. Geologic map of the Sultan 7.5-minute

quadrangle, King and Snohomish Counties, Washington, by

J. D. Dragovich, H. A. Littke, S. A. Mahan, M. L. Anderson,

J. H. MacDonald, Jr., Recep Cakir, B. A. Stoker, C. J.

Koger, J. P. Bethel, S. A. DuFrane, D. T. Smith, and N. M.

Villeneuve. 2013.  One color plate, 44 x 36 in., scale

1:24,000, with 52 p. text.  Link

Map Series 2013-02. Geologic map of the Seabeck and Poulsbo

7.5-minute quadrangles, Kitsap and Jefferson Counties,

Washington, by Michael Polenz, G. T. Petro, T. A. Contreras,

K. A. Stone, Gabriel Legorreta Paulin, and Recep Cakir.

2013. 48 x 36 in. color plate, scale 1:24,000, with 39 p.

text.  Link

Map Series 2013-03. Geologic map of the Lofall 7.5-minute

quadrangle, Jefferson and Kitsap Counties, Washington, by

T. A. Contreras, K. A. Stone, and Gabriel Legorreta Paulin.

2013. 40 x 36 in. color plate, scale 1:24,000, with 19 p.

text.  Link

Open File Report 2013-01. Passive seismic analyses in the

Sultan 7.5-Minute quadrangle, King and Snohomish Counties,

Washington, by Koichi Hayashi, Recep Cakir, J. D. Dragovich,

B. A. Stoker, T. J. Walsh, and H. A. Littke. 2013. 9 p.

Link 

Washington DNR YouTube Tutorials

The Washington State Department of Natural Resources has a YouTube channel on which they've posted a number of geology tutorials.  The link to the channel is,

http://www.youtube.com/user/WAstateDNR

To access the tutorials, scroll down the page to the section labeled 'Geology.'  As of this writing, this section is the last one on the page.  The following videos are currently available:

100k scale surface overlay using Google Earth
DNR Geologic Information Portal Tutorial, Part 1 -- Introduction
DNR Geologic Information Portal Tutorial, Part 2 -- Viewing & Printing
DNR Geologic Information Portal Tutorial, Part 3 -- Frequently Asked Questions
DNR Geologic Information Portal Tutorial, Part 4 -- Frequently Asked Questions, continued
Using 3-D PDFs to View Subsurface Geological Features: A Tutorial by Washington DNR
Why So Many Landslides in Western Washington?

Be sure to check back from time to time at the first link in this post to see if there are additional videos.

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.

Playing Chicken? -- Armed Federal/State Environmental Task Force Invades Placer Claims Near Chicken, Alaska

From the Alaska Dispatch:

Miners from the Chicken area -- a gold mining town of just 17 full-time residents and dozens of seasonal miners off the Taylor Highway, between Tok and the Canadian border -- said that during the third week of August they were surprised by groups of four to eight armed officers, who swarmed onto their mining claims with little or no warning.

The officers were armed and wearing body armor. They were part of the Alaska Environmental Crimes Task Force and were there to check for violations of section 404 of the Clean Water Act, according to several miners who were contacted by the group. Section 404 governs water discharges into rivers, streams, lakes and oceans.

The task force’s methods are now being questioned by the miners as well as the Alaska congressional delegation.

One of the questions that ought to be asked of these agencies is if they are intentionally trying to provoke a violent incident involving miners in service to some unacknowledged agenda?

You may read the entire article describing these disturbing events in detail at the link here.

Are We Recreational Miners? -- Not if We're Smart!

As readers of this blog have probably noticed, it is dedicated to the small-scale miner and prospector.  There is a good reason to abide by this terminology, as illustrated in the following development reported on page 7 of the August issue of the Western Mining Alliance Newsletter.

It so happens that on August 28, Santa Barbara County Superior Court Judge Frank J. Ochoa denied the petition for an injunction to halt California's ban on suction dredging.  According to the "Legal Update" printed in the newsletter, in order to obtain the injunction the miners needed to show, among other things, that they would be irreparably harmed by the ban.  To quote from the article:

Judge Ochoa took the position we haven’t demonstrated sufficient harm to warrant an injunction.  This ruling was based primarily on the 2009 Suction Dredge survey which the State presented as evidence.

The Suction Dredge Survey sent out in 2009 as part of the Environmental Impact Report had 668 people respond to it.  Of that number 82% labeled themselves as recreational dredgers.  (Emphasis added.)

This recreational dredging term resulted in the judge deciding a recreational activity couldn’t suffer irreparable harm and denying the injunction

While there is some room for hope in reversing this ruling in that it ignores the plight of the 18% of respondents to the Suction Dredge Survey who did not identify themselves as "recreational" dredgers and who may well qualify as suffering "sufficient harm" from the ban, the cautionary tale to be learned here is that we are professional or semi-professional miners who enrich ourselves through our mining activities which, enjoyable as they may at times be, are not "recreational" in nature.  Given the court ruling cited above, we might do well to heed the advice in the WMA Newsletter and "strike the term 'recreational' from (our) vocabulary."

The Western Mining Alliance Newsletter is well worth reading.  The current issue may be found on the organization's webpage here.

Miners Rally at Liberty Next Weekend

Once again, the Resources Coalition will present the annual Miners Rally at Liberty, Washington, on Friday through Sunday, August 23, 24, and 25, 2013.

(Click to enlarge.)

According to the organization's website, numerous activities including, among others, a tour of Historic Liberty, an original Arrastra in operation, visits to nearby gemstone sites, educational presentations, lectures, hands-on equipment demonstrations, and a night-time metal detector hunt, are planned.

Various prospecting and mining associations and clubs as well as equipment vendors are also slated to be in attendance.

The three day event is free and open to the public.  Free tent and RV camping are also available.

For more information, visit the Resources Coalition website or contact the Rally Coordinator:

Wayne Whitehall
3101 Hedding St.
Entiat, WA  98822
(509) 784-1077

(Click to enlarge.)

Link Updates

Matters unrelated to mining have prevented me from posting anything lately, but I felt the blog was overdue for link maintenance, so here is a list of changes to the items in the right-hand sidebar:

Discussion Forums

The link to Mike Higbee's Prospectors Cache has been removed because, as best as I can tell, the forum is no longer available.

Clubs and Organizations

North American Prospectors Association has a new address.

The link to Northwest Mineral Prospectors Club, Inc. has been removed as the site seems to be no longer active.

The link to Our Backyard has been deleted as the site appears no longer active.

Resources for Prospectors

USFS Geodata Clearinghouse has a new address.

Atlas of Canada Topographic Maps has a new address and format.

Calgary Mountain Club has a new address.

Prospecting & Mining Regulations

US Code - Title 30 - Chapter 2 has a new address.

If any readers know of new links to the removed sites, broken links, or sites not listed in the sidebar that may be of interest to the small-scale mining community, please feel free to contact me via comments to this post and I will undertake to rectify the situation as needed.

Southern Oregon Miners Sue to Stop Anti-Mining Legislation

According to Oregon Live, the Galice Mining District in southern Oregon has filed for an injunction in the U.S. District Court in Eugene to stop consideration of bills in the Oregon Senate that would place a moratorium on motorized mining in Oregon waterways.

There seems to be some question whether the court will act to stop legislation that has not yet been passed into law, although the answer may not be long in coming.  In any case, it is evident that the miners of southern Oregon are keeping a close watch on threats to their livelihoods and are not afraid to take action to protect their rights; something the rest of us in the mining community would do well to emulate.

For complete details on this story, please visit the link here.