HB 1307 (Now SHB 1307) Referred To Ways & Means

HB 1307, which would require independent peer review for all science that is used in support of any proposed regulations affecting any activity government agencies, such as WDFW, claim is detrimental to the environment (see previous post here), passed the House Committee on Environment on February 10 in the form of a 1st substitute bill and was referred to the House Ways & Means Committee on February 15 with a "do pass" recommendation.

As passage of this bill by the Ways & Means Committee will be another step beneficial to the small-scale mining community, interested persons may want to contact the committee members at the link above and request that SHB 1307 be heard and given a "DO PASS" recommendation.

SB 5644, the companion bill in the Senate to SHB 1307, is currently languishing in the Environment, Water & Energy Committee and may benefit from polite requests for a hearing and a "DO PASS" recommendation as well.

WDFW Halts Rule-Making That Would Criminalize Prospecting

As reported in this blog here and here, WDFW has been seeking to amend WAC 232-12-251 to criminalize such activities as the removal of minerals from the department's lands. The latest move in this direction was the promised filing of a supplemental CR-102 on January 19th.

It now appears this will not happen as WDFW has withdrawn the original CR-102 filed last October 20. With the governor's moratorium on rule-making, WDFW anticipates filing a new CR-102 no earlier than 2012.

Those wishing to keep abreast of this seemingly ever-changing process may contact:

Lori Preuss, Rules Coordinator
600 Capitol Way N.
Olympia WA 98501-1091
Lori.Preuss@dfw.wa.gov
fax (360) 902-2155

Ask to be informed of any rule making associated with WAC 232-12-251 and remember to provide your contact information.

WDFW's Requested HPA Bill Due For Hearing

HB 1588, WDFW's requested Hydraulic Project Approval bill, is up for public hearing at 10:00 A.M. on February 8, 2011 in House Hearing Rm D, John L. O'Brien Building in Olympia.

A quick reading of the bill's text reveals some less-than-desirable characteristics of the WDFW proposed "streamlining" process:

1. There are to be three classes of hydraulic projects: Class I covers activities permitted in the Gold & Fish pamphlet; Class II covers activities which are currently undefined and which will not be defined until completion of a rule making process by January 1, 2012. (Determination as to whether the aforementioned rules work would be by means of a "pilot project" conducted by WDFW and completed sometime in 2014); Class III covers any project which is neither Class I nor Class II which, for the remainder of this year, would be anything not permitted by the Gold & Fish pamphlet.

2. Then there is the matter of fees. Class I projects would be exempt from fees -- at least for the time being. For a Class II permit (once it's defined) the application fee is $150. The fee for a Class III permit is set at $1000 ($150 for notification/application plus $850 for processing). Also, a general Class II or Class III permit would require a fee of $5000. In some cases, partial or full refunds would be available and the fees will be indexed annually to inflation. See the bill text for details, if you want them.

3. Penalties. Each violation of the rules for HPAs would be treated as a "gross misdemeanor" with an accompanying fine of $10,000. WDFW would, however, initially seek "voluntary" compliance with the rules before resorting to the penalty provisions.

The above are what jumped out at me while quickly scanning the bill. Actually, the convoluted 20-page text of HB 1588 seems itself like Exhibit-A type evidence for passage of HB 1233 removing the hydraulic project approval process altogether. (See my earlier post on HB 1233 at the link here.)

Stay tuned for future developments.

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Update at 8:19 P.M. 2/3/11

A couple of notes due to revised schedules:

1. HB 1233 will be heard immediately after HB 1588 at the hearing on February 8th described above. The link to the House Agriculture & Natural Resources committee agenda is here.

2. SB 5529, the companion bill to HB 1588, will be heard in the Senate Natural Resources & Marine Waters committee at 8:00 A.M. on February 9, 2011 in Senate Hearing Rm 2, J.A. Cherberg Building, Olympia. The link to the agenda is here.

How Science Informs Policy - HB 1307

HB 1307 - concerning standards for the use of science to support public policy - will be the subject of a work session of the House Environment Committee at 1:30 P.M. on February 4, 2011 in House Hearing Room C, John L. O'Brien Building, Olympia, Washington. Immediately following the work session, the committee will hold a public hearing on the bill.

HB 1307 is important for miners because, if passed into law, it will require government agencies, such as WDFW, to obtain fully independent peer review for all science that is used in support of any public policy, such as "work windows" for suction dredging, etc. Peer review by qualified experts would verify the integrity of any science used to regulate the activities of citizens. This type of review would go a long way towards preventing regulations and/or statutes based on special-interest-agenda-driven pseudo-science.

It is therefore important that as many members of the mining community as possible provide testimony at the hearing in support of HB 1307. Written testimony may be presented to the committee and its members prior to the public hearing -- and the sooner the better. Oral testimony may be presented at the public hearing. Whether written or oral, testimony should adhere to the following general outline provided via Bruce Beatty:

- Tell the committee members who you are, where you live, and what you do that is impacted by science-driven public policies.

- Thank them for placing Washington in the forefront of ensuring that the science we use is fully verified before it is used to support public policy.

- Tell them your experience with how science has been used in policies that affect you personally. (Use your own story.)

-Tell them why you believe HB 1307 helps make things better.

- Please stick to the science issue . . . there are other bills where you can advocate for or against legislation covering specific issues that concern you.

- Thank them for their time and consideration of your testimony.

Even if you are giving oral testimony, it would be a good idea to bring a written copy as well to hand in. It would also be a good idea to send a copy of your testimony to Representative Jim McCune ( jim.mccune@leg.wa.gov ) as he is a co-sponsor of HB 1307 but is not on the committee.

Remember, as always, to maintain a positive tone in your remarks and an attitude of seeking to help the agencies in question do a better job of serving the public.

Proposed Changes To HPAs: The Bad And The Good

First the bad news: Governor Gregoire wants to reduce the state's budget deficit by making the Hydraulic Project Approval (HPA) program fee-based. It seems WDFW has been working on legislation to make this happen and may be submitting their bill to the legislature within a week.

According to our information, if passed, the law would assess fees for a five-year Class 2 permit of $150 and for a five-year Class 3 permit of $1000 to $5000. There would be no fee for working within the constraints of the Gold & Fish pamphlet.

In order to prevent the foregoing fees from becoming an uncomfortable fact of life, members of the mining community should contact Governor Gregoire, the Senate Ways & Means Committee and the House Ways & Means Committee and voice their opposition to fee-based HPAs.

If you need "Talking Points" for your communications when you call, write, or fax the Governor and the committees, feel free to choose from those listed below:

*There will not be an increase in revenue as the largest users of the program are State Agencies;
*There will be an increase in cost to the agencies for accounting, and therefore to the taxpayers;
*The cost of the program will be borne by already financially strapped Counties;
*Federal agencies have ruled that Small Scale Mineral Prospecting and Mining is a less than significant activity and as such does not rise to the level of coming under the statute that regulates “construction projects in state waters;”
*Most Small Scale Mineral Prospectors and Miners are on fixed incomes and could never recover the cost of a permit;
*An unreasonable fee would create criminals as some people would not obtain a permit that they could not afford;
* A fee could eliminate the Small Scale Mineral Prospecting and Mining community which is a significant part of Washington State's Heritage;
*Any fee imposed must be reasonably based on the scope of the activity and as the scope of the activity is essentially non-existent, so should be any fee;
*If a fee is to be imposed to our less than significant activity, it should be imposed upon ALL activities that utilize the HPA program.

And do remember to include your name, address, and phone number in any correspondence in case someone wishes to contact you for more information.

And now for the good news: On January 17, HB 1233 ("Streamlining state environmental permitting through the elimination of the hydraulics project approval process") was introduced. The next step is for it to be heard by the House Agriculture & Natural Resources Committee.

As it appears this bill is the best shot the mining community is likely to get this year for the elimination of the HPA requirement, miners are advised to 1) contact their district Senator and request that he/she look at HB 1233 and sponsor a companion bill in the Senate and 2) contact the Agriculture & Natural Resources Committee asking that HB 1233 be heard and passed out with a “Do Pass” recommendation and give your “PRO” vote.

Some examples of "Talking Points" to include with your communication are:

*At 62 years of age the HPA process is antiquated;
*Prior to 1949, this process was for the administration of irrigation/water rights;
*The HPA program financially burdens the citizens of the state through duplication of resources;
*The HPA program is cumbersome, subjective and unequally applied;
*The HPA program has been a subject of legislation for over 11 years;
*The HPA Task Force reported in 2002 that the program duplicates other permits;
* In 2008, HB 2530, "Studying the effectiveness of the existing hydraulic project approval process," was introduced. This study would have considered the effectiveness of legislative enactments, implementation by WDFW, and the impact that historic funding levels have had on the program's effectiveness, with focus on both the level of compliance as well as the actual fish protection offered in instances of full compliance. This legislation was not enacted;
*HPA’s are being required for projects that do not “use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state,” such as bridge painting or guard rail replacement;
*The HPA process is a leading CAUSE of property loss experienced during high river flow or flood events.

Again, remember to include your contact information with your correspondence.

More Government By Stealth?

As reported in this post last November, WDFW is proposing to criminalize the removal of such things as "dead standing timber, live trees, wood, soil, petrified wood, minerals, fossils, (and) plants" from "WDFW lands."

Information just received indicates that at the meeting on December 4, 2010 the Fish and Wildlife Commission voted to postpone the adoption of WDFW's proposed amendment to WAC 232-12-251 until their March 4-5, 2011 meeting. During the interim period, WDFW is supposed to work with stakeholders to refine the proposed rule changes. According to WDFW's Rules Information Website, a "supplemental CR-102 will be filed by January 19, 2011" and "(p)rior to that time, the department will work with stakeholders to refine the proposed rule changes."

In addition, the website further states:

A new public comment period will begin on January 19, 2011. Written comments will be due by February 25, 2011. Written comment may be e-mailed to lori.preuss@dfw.wa.gov.

Interestingly enough, our information is that, contrary to the above, "there have been no meetings with stakeholders and a supplemental (CR-102) has not been filed."

For these reasons, it would seem prudent for miners to "contact Lori Preuss at (360) 902-2930 or lori.preuss@dfw.wa.gov and request to be informed of any rule making activity associated with WAC 232-12-251"as well as checking WDFW’s Rules information Website often.

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:

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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!