Washington gets tough on prospectors

Washington prospectors were struck with a Mother Lode of rules last weekend.

The regulations approved by the Washington Fish and Wildlife Commission are not what they had in mind after two years of meetings to simplify the confusing rules for gold panning and mineral prospecting that govern about 2,000 prospectors in the state.

“The legislative intent was to make the current (rules) pamphlet smaller and easier to use,” said Bruce Beatty of the Washington Miners Council.

“Instead, we got something far more complex, far more restrictive, and not very practical for a prospector.”

“You’ve got (92) pages to look at (in the new rules package),” Vancouver prospector Scott Atkinson said. “Does that make it easier to understand?”

Both Beatty and Atkinson were part of a work group created in January 2007 to work on developing the new rules with the Washington Department of Fish and Wildlife, which oversees prospecting permits.

The prospectors are upset that state fisheries biologists are restricting them to “work windows” that prevent stream prospecting in July.

Prospectors said the month is critical to their success. Biologists say July is even more critical to the fish that populate and spawn in those streambeds.

“The probability of eggs still being in the gravel still existed in July,” said Greg Hueckel, WDFW habitat program assistant director. “If the activity has the potential of damaging fish redds (egg nests), I cannot allow the activity to occur.”

Richard Holcomb of Tacoma, president of the 200-member Bedrock Prospectors, said old rules allowed him onto his prospecting claim near Blewett Pass July 1-Oct. 31. Now that work window will shift to Aug. 1-Feb. 28.

“By the first of August, usually there’s not any water up there,” Holcomb said. “And then you’ve got the snow where you can’t get in there.”

Holcomb wonders why fishermen are allowed in many rivers on June 1 but not prospectors?

Perry Harvester, a Yakima-based habitat biologist, the primary author of the new rules, said even experienced biologists can’t recognize the tiny, essentially camouflaged redds after their construction within the stream bed.

Redds vacuumed through a dredge will suffer 100 percent mortality, Harvester said. Downstream redds can be suffocated by the sediment kicked up from dredging.

Harvester said the work windows have become more restrictive simply because updated science demands it.

Hal Anthony, and Oregon resident who has a mining claim, believes the federal mining acts of 1866 and 1872 give prospectors the right to work their claims.

Hueckel disagrees. “My attorneys have told me the 1872 mining law does not preclude environmental law to protect the public’s resources,” he said.

“The work windows are set based on when we believe fish eggs are still in the gravel. No eggs? Have at it, guys. Eggs? Naah. Stay out of the water.”

•Washington’s new prospecting rules will become effective April 3. Find them online at http://wdfw.wa.gov.