Small Scale

Mineral Prospecting

and

Placer Mining

in

Washington State

RCW 77.55.270 Small Scale Prospecting and Mining

Findings – “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.”

ARTICLE XXI (21) STATE CONSTITUTION

SECTION 1 PUBLIC USE OF WATER. The use of the waters of this state for irrigation, mining and manufacturing purposes shall be deemed a public use.

Objective

To create mineral prospecting and placer mining regulations which allow miners their full rights to use and access their entire mining claim in accordance with the 1872 mining laws, while incorporating reasonable and necessary precautions to protect fish and fish habitat.

These regulations shall be created without prejudice to miners, and shall be fully support by scientific evidence.

TABLE OF CONTENTS

COMMON QUESTIONS AND.. 2

ANSWERS ABOUT PERMITS.. 2

MINING.. 5

BENEFITS.. 5

DEFINITION OF TERMS.. 6

MINERAL PROSPECTING EQUIPMENT METHOD,.. 13

LOCATION AND TIMING.. 13

REQUIREMENTS.. 13

COMMON TECHNICAL PROVISIONS.. 13

CLASS I EQUIPMENT.. 17

CLASS II EQUIPMENT.. 17

Stream Listings.. 18

Agencies with an Interest.. 19

in Mineral Prospecting.. 19

Common Questions and Answers About Permits. 3

Mining Benefits. 7

Definition of Terms. 8

Mineral Prospecting Equipment, Method, Location and Timing Requirements. 15

COMMON TECHNICAL PROVISIONS. 15

Collecting and Processing Aggregate. 15

Encountering Fish. 17

Miscellaneous. 17

Class I Equipment 19

Class II Equipment 19

Stream Listings. 20

Agencies with an Interest in Prospecting. 21

Bibliography. 25

COMMON QUESTIONS AND

Common Questions and Answers About Permits ANSWERS ABOUT PERMITS

Do I need a permit to placer mine or prospect for minerals in Washington?

Yes. The Hydraulic Code (Chapter 75.20 Yes.RCW) authorizes Washington Department of Fish and Wildlife (WDFW)was given authority by the Washington State Legislature to regulate anyone that “desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state”when it passed the Hydraulic Code (Chapter 75.20 prospecting or mining.