Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-17-071.

     Title of Rule and Other Identifying Information: Rule changes relating to hydraulic project approvals for mineral prospecting activities. Includes WAC 220-110-020, 220-110-030, 220-110-031, 220-110-200, 220-110-201, 220-110-202, 220-110-203, 220-110-340, 220-110-350, and 220-110-360; also repeals WAC 220-110-204, 220-110-205, 220-110-206, 220-110-207, 220-110-208, and 220-110-209.

     Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Avenue S.W., Olympia, 98504, on February 1-2, 2008, at 8:00 a.m.

     Date of Intended Adoption: March 7, 2008.

     Submit Written Comments to: Lisa Wood, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail sepadesk@dfw.wa.gov, fax (360) 902-2946, by January 23, 2008.

     Assistance for Persons with Disabilities: Contact Susan Yeager at TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current rules on this subject were adopted in 1998 and do not reflect the current knowledge of impacts to fish life and habitat caused by mineral prospecting. The proposed rules modify permitted activities, equipment and tools, timing and location of authorized mineral prospecting activities under authority of the Gold and Fish pamphlet, application procedures for standard and pamphlet hydraulic project approvals, appeal procedures, and violation penalties.

     Reasons Supporting Proposal: The proposed rules reflect the most reasonable methods of allowing mineral prospecting activities as required by RCW 77.55.091 while also protecting fish life from the impacts of those activities. The proposed rules also clarify various administrative procedures associated with applying for, or appealing, standard and pamphlet hydraulic project approvals.

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     Statute Being Implemented: RCW 77.55.091.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington department of fish and wildlife, governmental.

     Name of Agency Personnel Responsible for Drafting: Pat Chapman, 1111 Washington Street, Olympia, (360) 902-2571; Implementation: Greg Hueckel, 1111 Washington Street, Olympia, (360) 902-2416; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The Washington department of fish and wildlife, in conjunction with the group of stakeholders who helped develop the proposed rules, determined that the rules will not significantly impact businesses required to follow the rules.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Lisa Wood, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2260, fax (360) 902-2946, e-mail sepadesk@dfw.wa.gov.

December 14, 2007

Loreva M. Preuss

Rules Coordinator

OTS-1252.1

AMENDATORY SECTION(Amending Order 98-252, filed 12/16/98, effective 1/16/99)

WAC 220-110-206   Authorized work times and ((watercourses)) mineral prospecting equipment restrictions by specific state waters for mineral prospecting and placer mining projects ((by specific watercourse, except the Columbia and Snake rivers, lakes, salt waters and waters within National Park boundaries using Class I and II equipment)).   Mineral prospecting and placer mining ((using Class I and II equipment pursuant to WAC 220-110-203 and 220-110-204)) under WAC 220-110-202 shall only occur in ((watercourses)) the state waters, with the equipment restrictions, and during the times specified in the following table((:)).

     (1) The general work time for a county applies to all ((streams)) state waters within that county, unless otherwise indicated ((under specific stream and tributary work times)) in the table.

     (2) The work time for a listed ((stream)) state water applies to all its tributaries, unless otherwise indicated. Some ((streams flow through)) state waters occur in multiple counties. Check the listing for the county in which mineral prospecting or placer mining is to be conducted to determine the work time for that ((stream)) state water.

     (3) Where a tributary is listed as a boundary, that boundary shall be the line perpendicular to the receiving stream that is projected from the most upstream point of the tributary mouth to the opposite bank of the receiving stream. ((())See Figure 1(())).

((Figure 1. Stream boundary line))

STRICKEN GRAPHIC

STRICKEN GRAPHIC))

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     (4) Mineral prospecting and placer mining within ((two hundred feet landward of the ordinary high water line in)) state waters listed as "submit application" ((or "closed" is)) are not authorized under the Gold and Fish pamphlet. Site review and a written HPA ((is)) are required for these state waters.

     (5) Mineral prospecting using mineral prospecting equipment with four inch maximum suction intake hose diameters is authorized only in the listed state waters, and any tributaries to them, unless otherwise indicated in the table.

     (6) Mineral prospecting using mineral prospecting equipment with five inch maximum suction intake hose diameters is authorized only in the listed state waters in the following table. You may not use mineral prospecting equipment with suction intake hose diameters greater than four inches in tributaries of these state waters.

((AUTHORIZED WORK TIMES FOR MINERAL PROSPECTING AND PLACER MINING USING CLASS I AND II EQUIPMENT