State Rivers Closed to Prospecting in Washington State

State Rivers Closed to Prospecting in

Washington State

by the Editor

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The Washington Department of Natural Resources appeared at a recent dredge rally near Oroville to announce the closure of all state-owned aquatic lands to prospecting.

Dredge Earth First had organized an educational rally for August 8-9, 2003. The rally was touted as an opportunity to allow the public to see that dredging does not harm the environment, and as a place where new prospectors could learn from experienced prospectors how to safely and properly operate small-scale mining equipment.

Rally organizers found themselves running into numerous roadblocks leading up to the event.

The Washington Department of Fish and Wildlife (WDFW) has what is referred to as the Gold & Fish book that lays out the rules for prospecting in and around rivers in the state. Small-scale placer miners are required to have this book with them when prospecting or mining.

According to rally organizer Cindi Creegan, a Joint Aquatic Resource Permit Application was filed with WDFW, requesting a variance for a rule that requires dredges to be spaced at least 200 feet apart. Creegan worked together with the Resources Coalition to make the appropriate applications. WDFW did not meet the 45-day requirement to approve or deny the application, nor did they abide by the 10-day requirement to set up a time for an on-site evaluation. The WDFW subsequently referred the matter to the local Okanogan County Planning Department for a State Environmental Policy Act (SEPA) review.

The Resources Coalition eventually received a letter from WDFW requesting changes under the SEPA review. Because it was too late to make the changes, the request for a variance for the rally was dropped. Creegan notified WDFW that the rally would abide by rules set forth in the Gold & Fish book.

Creegan subsequently received notification that the Washington Department of Natural Resources (WDNR) was assuming the lead agency role. WDNR was requesting that a lease be signed for the rally and that the organizers assume all liability for anyone who might be associated with the rally or on the river at the time. Rally organizers refused to assume all liability, and rightfully so. There was no way for them to control access to the rally site or the river.

Then Creegan received a letter from Gary Cooper of WDNR that included some ridiculous restrictions. The letter stated, “...because we have not completed any mining contract, we must require the event participants to comply with the prohibition on removing any gold from the river. In other words, this must truly be a recreational event, and no valuable materials may be removed beyond a cumulative total value of $100.”

Additional requirements included a Plan of Operations, and only one dredge allowed below the Enloe Dam because of “potential impacts on Endangered Species.”

Then things got worse. On Friday, August 8, the day the rally was scheduled to begin, Cooper arrived to announce that all state-controlled waters were closed to prospecting effective immediately. Cooper stated that WDNR decided to enforce a little-known provision of state law that requires a signed lease for mining activity on “state-owned” aquatic lands.

The mayor of Oroville, county officials, rally organizers, the Resources Coalition, and representatives of WDFW refused to let the rally die. A meeting took place between the interested parties and the WDNR, which resulted in the issuance of a temporary lease for the weekend.

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Dave Varabioff of Motherlodegold.com was present at the rally, and provided the following information:

The good news, or at least encouraging news, is that WDFW representatives were present for the entire weekend to observe, listen, participate and learn. Officials received a demonstration on dredging—several tried dredging for themselves—and they had the opportunity to see the types of people that are enjoying small-scale mining. A high percentage of attendees brought their families. There were seasoned old-timers and some who were prospecting for the first time.

There were open discussions on Friday and Saturday evening pertaining to the Gold & Fish book, and prospectors were given the opportunity to discuss their concerns with the WDFW officials. WDFW officials seemed open to the opinions and recommendations, and over 50 recommendations were made.

There were two interesting and amusing tests performed by dredgers and WDFW representatives. One test involved a six-inch hot dog and a Dahlke dredge. The hot dog was sucked through the dredge ten times to simulate what could happen to a small fish. The hot dog was examined by a fisheries biologist for signs of damage, but she was unable to find any evidence of injury.

The second test involved fresh water mussels. Two mussels in the vicinity of a dredge were purposely sucked up and allowed to discharge through the sluice box. The mussels were allowed to remain where they landed to determine whether or not they would be “psychologically” damaged. The mussels appeared to be fine. The WDFW biologist admitted she was surprised at the results and would consult with a biologist who is a specialist in mussels. A WDFW enforcement officer and the biologist agreed they should conduct further tests with an 8” dredge.

I have been dredging on the Similkameen River for 9 years. I’ve never been asked for a permit, never had my equipment inspected, and never been questioned as to what I was doing. I’ve always thought, “No one is bothering me, so things are okay.” This weekend changed all that.

Five years ago, when the Gold & Fish book was being re-written, I declined to participate and didn’t bother to attend a meeting that was only 2½ hours away. I took a backseat and let others do the work. Now my attitude has changed. I will be at all meetings that could affect small-scale mining and me.

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All prospectors who work in Washington State, or may want to at any time in the foreseeable future, are strongly encouraged to contact the Resources Coalition so a coordinated effort can be put forth to correct this situation. You can contact the Resources Coalition at (360)734-9495 or visit www.resourcescoalition.org

Note: Washington Department of Natural Resources later withdrew this closure, stating that state waters were not closed and they had been misunderstood!