(1) WAC 220-110-201
set forth the rules necessary to protect fish life that apply to mineral prospecting and placer mining projects. A copy of the current Gold and Fish
pamphlet is available from the department, and it contains the rules which you must follow when mineral prospecting under its authority.
(2) Alternatively, you may request exceptions to the Gold and Fish
pamphlet by applying for an individual written HPA as indicated in WAC 220-110-031
. An HPA shall be denied when, in the judgment of the department, the project will result in direct or indirect harm to fish life, unless adequate mitigation can be assured by conditioning the HPA or modifying the proposal. The department may apply saltwater provisions to written HPAs for tidally influenced areas upstream of river mouths and the mainstem Columbia River downstream of Bonneville Dam where applicable.
(3) Nothing in these rules relieves a person of the duty to obtain landowner permission and any other necessary permits before conducting any mineral prospecting activity.
[Statutory Authority: RCW 77.55.091
(2), 77.12.047, and 77.04.020. WSR 09-02-017 (Order 08-318), § 220-110-200, filed 12/29/08, effective 4/3/09. Statutory Authority: RCW 75.08.080
, 75.20.100 and 75.20.330. WSR 99-01-088 (Order 98-252), § 220-110-200, filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080
. WSR 94-23-058 (Order 94-160), § 220-110-200, filed 11/14/94, effective 12/15/94; WSR 87-15-086 (Order 87-48), § 220-110-200, filed 7/20/87. Statutory Authority: RCW 75.20.100
and 75.08.080. WSR 83-09-019 (Order 83-25), § 220-110-200, filed 4/13/83.]