Hydraulic Code Rule Making 220-660 WAC

2019 HPA Suction Dredge Rule Making

Adoption Rescheduled for May 31, 2019

Additional information will be posted as it becomes available.

The Fish and Wildlife Commission has re-scheduled adoption for May 31, 2019 regarding new rules for suction dredgers.  New information will be posted here as it becomes available.

The new rules would require suction dredgers to obtain a standard written Hydraulic Project Approval (HPA) in order to suction dredge in Washington.  Suction dredgers would no longer be able to conduct suction dredging activities under the Gold and Fish pamphlet, starting on the implementation date of rules, if adopted.  Annual reports of 2019 suction dredging activity would be required to be submitted each year.

Final rule making documents

• Response to Comments (For Fish and Wildlife Commission) (May 3, 2019)
• Implementation Plan (May 8, 2019)
• Final Regulatory Analysis (May 6, 2019)
• Final Small Business Economic Impact Statement (April 18, 2019)
• CR-102 (Published in WSR 19-05-094 on March 6, 2019)
• Rule Change proposals for adoption: WAC 220-660-030 and WAC 220-660-300
• Rule Change proposals for adoption: WAC 220-660-305

Why new rules?

On April 14, 2018, the Fish and Wildlife Commission directed WDFW to begin rulemaking to require individual HPA permits for all suction dredge mineral prospecting.  

What are the proposed changes?

WDFW's goal is to modify rules to authorize suction dredging activities through standard HPAs rather than under the Gold and Fish Pamphlet.

WDFW's objectives in this rulemaking include:

• Develop an individual HPA application method for suction dredging that is streamlined;
• Develop application and reporting methods to enable WDFW to determine:
  • the number of prospectors engaged in suction dredging and
  • where and how much suction dredging occurs; and
• Identify methods to prevent the spread of aquatic invasive species through the movement of suction dredging equipment into and around the state.

Steps in the suction dredge rule making process:

1. File a pre-proposal statement of inquiry (CR-101) with the Washington State Code Reviser (5/8/2018)
2. Host 4 public meetings to explain the scope of rule making and discuss with the public: (Summer 2018)
   • Meetings were held in July 2018: July 16 - Wenatchee; July 17 - Spokane Valley; July 19 - Olympia; July 25 - Everett. Materials and summary available upon request.
3. Develop the language for specific rule change proposals (Fall 2018)
4. Make a State Environmental Policy Act (SEPA) threshold determination
5. File a Notice of Proposed Rule Making (CR-102) with the Washington State Code Reviser
   • Proposed Amendments to WAC 220-660-030 and WAC 220-660-300 (as filed)
   • Proposed new section, WAC 220-660-305 suction dredging (as filed) 
   • Annotated proposed suction dredge rule changes (contains annotations explaining changes - easier to review)
6. Provide a Draft regulatory analysis document, including:
   • A preliminary cost-benefit analysis
   • Least Burdensome Alternative analysis; and
   • Determinations for Significant Legislative Rules
7. Provide a Draft Small Business Economic Impact Statement
8. Accept public comments from February 25, 2019 through 5pm Monday April 8, 2019.
   • THE COMMENT PERIOD IS NOW CLOSED
9. Fish and Wildlife Commission held a public hearing Friday, April 5 at the Natural Resources Building in Olympia, WA., to listen to oral public testimony.
10. Staff prepared recommendations for the Fish and Wildlife Commission.
11. The Commission is scheduled to adopt rules on May 31, 201
12. The effective date of rules, if adopted, will be identified at the time of adoption.

Updates will be posted here as they become available.

For Further Information

Randi Thurston,
Protection Division Manager
HPARules@dfw.wa.gov