Washington Fish and Wildlife Commission to Consider Hydraulic Code Rule Changes at November Meeting

According to a news release from Washington's Department of Fish and Wildlife (WDFW), the Washington Fish and Wildlife Commission will consider approving a major update of the state's hydraulic code rules that govern mineral prospecting and mining in state waters, among other activities.

The meeting will take place on November 7 and 8 in Room 172 of the Natural Resources Building, 1111 Washington Street SE, in Olympia.  Scheduled to begin at 8:30 AM each day, the WDFW staff presentation on the proposed hydraulic code rule changes is set for Friday afternoon at 1:55.  As there does not appear from reading the meeting agenda to be a provision for public comments at the time of the presentation, it seems the most appropriate time to comment at the meeting would be during the "Open Public Input" period from 8:45 to 9:15 Friday morning.  Be sure to sign in to comment before 8:30 AM.

The WDFW Commission agenda for the November 7-8 meeting can be accessed at the link here.

Documents related to the proposed rule changes may be found at the link here.

A summary of the proposed rule changes is at the link here.

The WDFW news release regarding this meeting is at the link here.

Comment Period on Proposed HPA Rules Extended

The Washington Department of Fish and Wildlife (WDFW) has extended the public comment period on the proposed hydraulic rule updates until September 15.  All documents and the email address for submitting comments may be found on the WDFW website at http://wdfw.wa.gov/licensing/hpa/rulemaking/ or comments may be mailed to Randi Thruston, WDFW Habitat Program, 600 Capitol Way North, Olympia, WA 98501-1091.

For more background on the proposed HPA update rules, readers may refer to previous posts on this blog here (last section of post) and here.

Fish & Wildlife Commission Meeting Agenda Set

The Washington Fish & Wildlife Commission has released its agenda for the August, 2014 meeting.

According to the published agenda, the meeting will take place on Friday the 8th and Saturday the 9th in Room 172 of the Natural Resources Building, 1111 Washington Street SE, Olympia Washington, 98501.  On both days, the meeting will begin at 8:30 A.M.

Of particular interest to miners, at 3:35 P.M. Friday WDFW "staff will brief the Commission on the CR-102 version of hydraulic code, including a summary of comments received from stakeholders and tribes."  Public input will be accepted at this time as well.

The Commission agenda may be found online at the link here.  As noted earlier on this blog, the proposed HPA rules may be found at the link here.

Public Comment Period Opens on Hydraulic Code Updates

The Washington Department of Fish and Wildlife (WDFW) will be accepting written comments from the public through August 15 regarding proposed changes to the state's Hydraulic Code rules.  Also open for comment during this period are a related draft environmental impact statement and a small business economic impact statement. 

Interested parties may view these documents at WDFW's Hydraulic Project Approval (HPA) webpage.

In the Proposed HPA Rules, the Mineral prospecting section begins on page 80 of the PDF (page 78 of the document) and the table of proposed work times on page 93 of the PDF (page 91 of the document).

Comments may be submitted by email to hparules@dfw.wa.gov, by fax to 360-902-2946, or by mail to Randi Thurston, 600 Capitol Way N, Olympia, WA 98501-1091.  Oral and written comments may also be presented at the Washington Fish and Wildlife Commission meeting in Olympia on August 8.  Note that comments received by WDFW prior to August 1 will be forwarded to the Commission for consideration at the meeting on August 8.  The agenda for that meeting will be posted at http://wdfw.wa.gov/commission/ during the week of July 21.

New HPA Permitting Process Announced and Proposed Changes to Hydraulic Code Rules Revealed

The Washington Department of Fish and Wildlife (WDFW) announced today a streamlined application process for Hydraulic Project Approval (HPA) permits.  The new system is online and, according to the program managers, will make it easier to apply for and monitor one's HPA applications.

For example, instead of the former 14 page application, the online "Aquatic Protection Permitting System" reduces the workload to 3 pages.  Moreover, the new system makes completed applications visible to the public on the WDFW website.

The news release announcing the initiation of the online program lists the following features:

Using the new system, HPA applicants can now go online to:

• Submit an application and any necessary supporting documents.
• Pay for their HPA, using a credit card or bank transfer.
• Check the status of their application and correspond with WDFW staff.
• Obtain a text version of their application that can be copied and pasted into applications for other permits that may be required by other state agencies.
• Receive and print an HPA via email.

Anyone interested in work permitted by HPAs can also use the new online tool to search for projects, receive notifications about project applications, and submit comments to WDFW online.

The WDFW news release summarized above may be viewed in its entirety at the link here.

The webpage with the link for accessing the online HPA application is at the link below:

 http://wdfw.wa.gov/licensing/hpa/

Tucked away at the bottom of the page with the link to the online HPA application is a section titled, "Changes proposed to Hydraulic Code Rules."  The substance of this section is that WDFW is "preparing  a set of updates to the hydraulic code rules" that should be of some concern to the small-scale mining community.

The section goes on to state that:

Starting July 16, the public will have 30 days to comment on the proposed hydraulic code rules and an associated Supplemental Draft Environmental Impact Statement. The Washington Fish and Wildlife Commission will schedule a public hearing before considering adoption of WDFW’s proposals later this year.

The draft of the proposed changes to the rules may be found in the download section in the upper right-hand corner of the Hydraulic Code Rulemaking page.  A quick scan of the proposed rules reveals that most of the changes would involve mining on the ocean beaches, although there are a few changes to the work times in the various creeks and rivers.

It's always a good idea to keep a close watch on these sorts of goings on.

Southwest Idaho Mining Association Organizing Protest Against EPA Permitting Process

Under the heading "2014 Shows" in the right-hand sidebar, I have included the poster for the June 30 to July 6 "Occupy Idaho Waters Dredge-In Event!" sponsored by the Southwest Idaho Mining Association.  While not a "show" in the same sense as the other offerings listed in this section, it is nevertheless a "show" of force aimed at preserving the lawful rights of miners to access creeks and rivers in pursuit of valuable mineral deposits.  See the poster or contact swidahominingassociation@gmail.com for more information.

Huge Fish Runs Predicted for 2014

"Don'cha know the suction dredgers are killin' all the fish?"

Such would seem to be the refrain of the anti-mining environmental crowd, whose most recent demonic spawn appeared as the "Give Fish a Chance Act," which has apparently succumbed to saner heads -- at least for now.

Lest anyone think there might be some shred of truth to the mantra that dredging causes serious harm to fish populations, please consider this recent item in  The Spokesman Review for February 23, 2014:

Huge Runs of Salmon Predicted for Columbia River

The story opens with the following facts:

Another, even bigger, version of 2013’s record run of fall chinook to the Columbia River is forecast for this year – the largest flood of salmon since fish counts began at the new Bonneville Dam in 1938.

State, federal and tribal fish managers expect 1.6 million fall chinook salmon to head for the mouth of the Columbia this summer. That’s a 26 percent increase from the 1.26 million record run in 2013 that allowed anglers to set harvest records from the lower river through the Hanford Reach.

The article, which can be accessed at the link in the title above, is well worth reading in full.

As to whether this news will dampen the ardor of the environmental-crazies crowd, I'm not holding my breath.

Fish and Wildlife Commission Meeting Set

The Washington Fish and Wildlife Commission has set their next meeting for March 7-8 at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake, Washington.  The meeting will begin at 8:00 A.M. on Friday and at 8:30 A.M. on Saturday.  There do not appear to be any mining-related topics on the agenda although there is an 'Open Public Input' period each day for items not already scheduled.

Interested parties may view the official agenda at the link here.

Germania Mine Report Published

The Washington Division of Geology and Earth Resources has published a report on the Germania Mine:

Information Circular 117. Inactive and abandoned mine lands--Germania Mine, Cedar Canyon Mining District, Stevens County, Washington, by F. E. Wolff, B. T. Garcia, D. T. McKay, and D. K. Norman. 2014. 21 p.

 This report is available for free download at the link above.

Washington Fish and Wildlife Commission Phone Agenda Set

The Washington Fish and Wildlife Commission will hold a telephone conference on Friday, February 14, at 8:30 A.M.

The first item on the agenda is a staff report by Pat Chapman and Perry Harvester regarding a petition to change the Mineral Prospecting rule in WAC 220-110-206 (Authorized work times and mineral prospecting equipment restrictions by specific state waters for mineral prospecting and placer mining projects) pursuant to RCW 34.05.330 (Petition for adoption, amendment, repeal -- Agency action -- Appeal).

No other details regarding this petition are available as of this writing.

The public may listen to this telephone conference as explained by the Commission:

The public may listen to the discussion on speakerphone by coming to the Commission Office at the Department of Fish and Wildlife headquarters, Natural Resources Building, 5th Floor, 1111 Washington Street SE, Olympia or one of the Regional Offices. If you plan to come to one of the offices to listen to the conference call please contact Commission staff at (360) 902-2267 so we can ensure adequate space is available.

The published Commission agenda may be viewed at the link here.

Will the Sage-Grouse Become the Latest Club Used to Beat on Miners?

Mineweb writer Dorothy Kosich has posted an article detailing what may be the latest significant threat to the mining industry in some time.

Her article examines how, according to the American Exploration and Mining Association (formerly the Northwest Mining Association), the BLM and USFS are using the proposed listing of the Greater Sage-grouse as a threatened or endangered species to remove over 17 million acres in the western U.S. from coverage by U.S. Mining Law.

Reader's wishing to familiarize themselves with the details of this latest issue are encouraged to read the Mineweb article at the link here, as well as an AEMA summary in downloadable PDF format here.

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.