Proposed Changes To Maine Law

[placertogo]

http://legislature.maine.gov/bills/getPDF.asp?paper=SP0458&item=1&snum=128

 

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[placertogo]

Actually, Hoser John, this legislation was introduced at the behest of our Maine club and represents a relaxation of our current restrictions.

 

[Goldwasher]

Cool that they are working with " The People"

wish I knew what that was like

 

[Hoser John]

OMG forgot such a thing could happen anymore-John

 

[MadJack_ME]

THIS... is NOT good for recreational prospectors!
First, it breaks them into groups which the State will use to bring in a PERMIT system. $25, $50, $75, $100, annually for each of the 4 groups. Possibly higher.

Second, When you read the actual text of this proposed bill you'll find the just the act of prospecting violates its wording. Nobody fills in their holes, NOBODY! Moving anything (rocks, dirt) automatically changes the currant, which already violates current law.

Third, under Maine's Constitution, once again emergency legislation is bound to "the preservation of public peace, safety, and health" ONLY. Although the 'Anti's' have been misusing it for decades against us, it doesn't make it 'right' for us to misuse this clause!

A few years back the Maine club (which I started years ago) was begging legislators for a 'permit system'. I fought it with common sense, knowing where it would lead.
I have been fighting this BS since 1996 along with Fred Mathison and Jack Dorval and many others. I have seen how things go bad for us in a hurry once regulations start being changed.

I will post the actual text of the bill below this post...
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128th MAINE LEGISLATURE
FIRST REGULAR SESSION-2017
Legislative Document No. 1350
S.P. 458 In Senate, April 6, 2017
An Act To Amend the Law Regarding Recreational Gold
Prospecting
(EMERGENCY)
Reference to the Committee on Environment and Natural Resources suggested and ordered
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator SAVIELLO of Franklin.
Page 1 - 128LR1402(01)-1
Emergency preamble. Whereas, acts and resolves 1 of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3 Whereas, recreational gold prospecting may occur without a permit subject to
4 certain conditions that do not take into account the differing environmental effects of
5 different methods of recreational gold prospecting; and
6 Whereas, in order to provide access to recreational gold prospecting, enhanced
7 regulation based on environmental effects and protection to certain stream segments that
8 provide habitat to Atlantic salmon and brook trout before the next recreational gold
9 prospecting season, this legislation must take effect as soon as possible; and
10 Whereas, in the judgment of the Legislature, these facts create an emergency
11 within the meaning of the Constitution of Maine and require the following legislation as
12 immediately necessary for the preservation of the public peace, health and safety; now,
13 therefore,
14 Be it enacted by the People of the State of Maine as follows:
15 Sec. 1. 38 MRSA §480-B, sub-§§1-C to 1-F are enacted to read:
16 1-C. Class 1 recreational gold prospecting. "Class 1 recreational gold
17 prospecting" means recreational gold prospecting using manually operated equipment,
18 including, but not limited to, a gold pan, sluice box or rocker box.
19 1-D. Class 2 recreational gold prospecting. "Class 2 recreational gold
20 prospecting" means recreational gold prospecting using manually operated equipment and
21 an electric pump or motorized pump not exceeding 7 horsepower.
22 1-E. Class 3 recreational gold prospecting. "Class 3 recreational gold prospecting"
23 means recreational gold prospecting using a motorized suction dredge not exceeding 4
24 horsepower and with a suction dredge intake nozzle and suction hose not exceeding 2.5
25 inches in diameter.
26 1-F. Class 4 recreational gold prospecting. "Class 4 recreational gold prospecting"
27 means recreational gold prospecting using a motorized suction dredge not exceeding 7
28 horsepower and with a suction dredge intake nozzle and suction hose greater than 2.5
29 inches and not exceeding 4 inches in diameter.
30 Sec. 2. 38 MRSA §480-B, sub-§5-C, as enacted by PL 2013, c. 536, §1, is
31 repealed.
32 Sec. 3. 38 MRSA §480-B, sub-§8-B is enacted to read:
33 8-B. Recreational gold prospecting. "Recreational gold prospecting" means the
34 operation of small-scale hand or motorized equipment for the removal, separation,
35 refinement and redeposition of sediments and other substrates occurring below the
36 normal high-water mark of a stream for the noncommercial, recreational discovery and
37 collecting of gold specimens.
Page 2 - 128LR1402(01)-1
Sec. 4. 38 MRSA §480-Q, sub-1 §5-A, as amended by PL 2013, c. 536, §2, is
2 further amended to read:
3 5-A. Recreational gold prospecting. Notwithstanding section 480-C, a permit is
4 not required for motorized recreational gold prospecting as long as the provisions of this
5 subsection are met.
6 A. A person may perform motorized Class 3 and Class 4 recreational gold
7 prospecting only from June 15th to September 15th and only with written permission
8 of the relevant landowner.
9 A-1. A person may perform Class 1 and Class 2 recreational gold prospecting from
10 January 1st to December 31st.
11 A-2. A person may not perform Class 4 recreational gold prospecting for more than
12 14 days in a 30-day period.
13 B. A person may not perform motorized recreational gold prospecting that causes an
14 undue adverse effect on natural resources. The area in which the motorized
15 recreational gold prospecting is performed must be kept free of litter, trash and any
16 other materials that may constitute a hazardous or nuisance condition.
17 C. The following provisions limit the use of equipment in motorized recreational
18 gold prospecting.
19 (1) Equipment may not have any fuel, oil or hydraulic leaks or cause any
20 unlicensed discharge.
21 (2) Motorized equipment may not exceed 7 horsepower.
22 (3) The inside diameter of a suction dredge intake nozzle and hose may not
23 exceed 4 inches.
24 (4) The area of a sluice may not exceed 10 square feet.
25 (5) A flume may not be used to transport water outside of a stream channel.
26 (6) A backhoe, bulldozer, excavator, power auger, skid loader, trencher or other
27 similar mechanized equipment may not be used.
28 (7) Explosives may not be used.
29 D. A person may not use mercury, nitric acid or other chemicals for extraction in
30 motorized recreational gold prospecting.
31 E. A person may not perform motorized recreational gold prospecting in a manner
32 that:
33 (1) Disturbs a stream bank, including but not limited to digging into the bank or
34 dredging or altering water flow within a stream channel in a manner that causes
35 the bank to erode or collapse;
36 (2) Removes or damages vegetation or woody debris such as root wads, stumps
37 or logs within a stream channel, on the bank or on nearby upland, including
38 cutting or abrasion of trees;
Page 3 - 128LR1402(01)-1
(3) Diverts, dams or 1 otherwise obstructs a stream;
2 (4) Deposits soil, rocks or any other foreign material from outside of the channel
3 into a stream; or
4 (5) Deposits stream bottom sediments or rocks onto the bank or upland.;
5 (6) For Class 3 recreational gold prospecting, displaces more than 2 cubic yards
6 of gravel per day; or
7 (7) For Class 4 recreational gold prospecting, displaces more than 5 cubic yards
8 of gravel per day.
9 F. Upon completion of one or more consecutive days of motorized recreational gold
10 prospecting, a person who performed the motorized recreational gold prospecting
11 shall smooth out dredge spoils and refill dredge holes below the normal high-water
12 mark of the stream in order to restore the approximate original contours of the stream
13 bottom and not deflect the current.
14 G. Motorized Class 4 recreational gold prospecting is prohibited within the following
15 areas:
16 (1) Waters closed to motorized Class 4 recreational gold prospecting in the
17 unorganized territories identified in rules adopted by the Department of
18 Agriculture, Conservation and Forestry, Maine Land Use Planning Commission;
19 (2) Waters closed to motorized Class 4 recreational gold prospecting identified
20 in rules adopted by the Department of Environmental Protection;
21 (3) Waters defined as Class AA waters pursuant to section 465; and
22 (4) The following areas of critical or high-value brook trout or Atlantic salmon
23 habitat:
24 (a) Bemis Stream and tributaries in Township D and Rangeley Plantation;
25 (b) Bond Brook in the City of Augusta and the Town of Manchester;
26 (c) Bull Branch of Sunday River and tributaries in Grafton Township and
27 Riley Township;
28 (d) Carrabassett River and tributaries in the Town of Carrabassett Valley,
29 Freeman Township, and the Town of Kingfield, Mount Abram Township and
30 Salem Township upstream from a point located one mile above the dam in
31 the Town of Kingfield;
32 (e) Cold Stream tributaries, including Tomhegan Stream, in Chase Stream
33 Township, Johnson Mountain Township and West Forks Plantation;
34 (f) Enchanted Stream in Upper Enchanted Township and Lower Enchanted
35 Township;
36 (g) Magalloway River and tributaries, including Little Magalloway River, in
37 Bowmantown Township, Lincoln Plantation, Lynchtown Township,
38 Magalloway Plantation, Oxbow Township, Parkertown Township and
39 Parmachenee Township;
Page 4 - 128LR1402(01)-1
(h) Rapid River 1 in the Town of Upton and Township C;
2 (i) Sheepscot River and tributaries, including the West Branch, in the Town
3 of Alna, the Town of China, the Town of Freedom, the Town of Liberty, the
4 Town of Montville, the Town of Palermo, the Town of Somerville, the Town
5 of Whitefield and the Town of Windsor;
6 (j) South Bog Stream in Rangeley Plantation;
7 (k) Spencer Stream and Little Spencer Stream tributaries, including Kibby
8 Stream in Kibby Township, Skinner Township, T.3, R.5 B.K.P. W.K.R., T.4,
9 R.5 B.K.P. W.K.R., King and Bartlett Township and T.5, R.6 B.K.P.
10 W.K.R.; and
11 (l) Togus Stream in the Town of Chelsea and the Town of Randolph.
12 Emergency clause. In view of the emergency cited in the preamble, this
13 legislation takes effect when approved.
14 SUMMARY
15 This bill amends the law governing recreational gold prospecting. The bill
16 establishes different classes of recreational gold prospecting based on the equipment used
17 and establishes different requirements for each class.

 

[MadJack_ME]

Remember they can strike (5-A) before the vote or at any time they choose!

 

[Hoser John]

Yep , Jacks back. John

 

[enamel7]

What's a recreational miner?

 

[Timberdoodle]

Jack, The changes to the existing law are only the underlined text. http://legislature.maine.gov/bills/getPDF.asp?paper=SP0458&item=1&snum=128

The rules regarding filling in holes have been in LUPC regs since 2000 and were added to the existing law to DEP area in 2013.
The DEP and LUPC have both expressed no interest in a permitting system. Currently the law closes all forms of motorized prospecting in many streams based on the potential impacts of a 4" dredge so no-one can even use a 12v spiral panner or gold cube etc.. in these closed areas. Braking up equipment into classes based on type and size will provide a great amount of relief to folks wishing to use these tools in currently closes streams. It would also allow smaller dredges and highbankers which make up the majority of recreational use. Keeping the motorized vs non-motorized system like we currently have has not worked well for the prospectors.

 

[MadJack_ME]

TD, my reference to filling in holes was to simply point out that nearly all of us are guilty of something under Law Enforcement's interpretation(s) of the law.

As far as the rest of it, HAD ALL OF US STUCK TOGETHER this would have never surfaced again. But everyone felt the need to whine about their own activity enough to save their own personal spots... like BOND Brook, TOGUS Stream, and so many others. WE LOST THEM BECAUSE OF THE SEPARATION! And eco-terrorists will continue to close more as you show them your individual weaknesses!

Behavioral Science 101...

 

[MadJack_ME]

enamel7,

Reading Comprehension is so very important these days . . .

No one said "recreational miner". The term is "Recreational Prospecting" since there are NO CLAIMS in Maine and using this term was the only way to separate our activities
from (OMG) Miners.

Maine needs to build a wall to keep out this onslaught of ignorant refugees (with too much time & money) from other states...

 

[MadJack_ME]

THIS PROPOSED LAW CHANGE/BILL WILL BAN ALL 3 AND 4 INCH DREDGES FROM MORE THAN HALF OF MAINE!
That means basically that no one can use air there.
Unorganized territories are 90% corporate landowners with a 95% reduction in their taxes (open to the public's recreational use).
Maine has over 37, 000 miles of rivers, brooks, and streams... does anyone really believe prospectors will have any substantial impact?

Nice work dumb azz!

 

[MadJack_ME]

Actually, Hoser John, this legislation was introduced at the behest of our Maine club and represents a relaxation of our current restrictions.

It only "relaxes current restrictions" for SOME. Now 20 or so people can use an electric panner and goldcube.
But those who want to dredge with air, or continue what they have done for 30 years or so will be considered breaking the law.
Self serving jealousy is a hateful thing...

 

[russau]

Good to see you posting again Jack BUT sorry its under these circumstances! And I agree , " United we stand , and divided we fall!"

 

[Timberdoodle]

THIS PROPOSED LAW CHANGE/BILL WILL BAN ALL 3 AND 4 INCH DREDGES FROM MORE THAN HALF OF MAINE!
That means basically that no one can use air there.
Unorganized territories are 90% corporate landowners with a 95% reduction in their taxes (open to the public's recreational use).
Maine has over 37, 000 miles of rivers, brooks, and streams... does anyone really believe prospectors will have any substantial impact?

Nice work dumb azz!

The new bill DOES NOT ADD closed streams to the list for 3 or 4 inch dredges. THEY ARE ALREADY CLOSED
The new bill allows use of the other/smaller types of equipment on the currently closed streams.

If you ave a 3 or 4" dredge there is basically no changes from existing law.
If you have a 2.5" dredge, highbanker, or other equipment then there are major changes allowing use on existing closed streams.
Please don't mis-interpret the changes proposed in the bill. We all need to stick together.

 

[placertogo]

As I former Probation and Parole Officer in Maine (35 years before retiring) I can tell you that Maine, like the rest of this country, has become a Police State and recreational prospecting is not immune.

 

[enamel7]

enamel7,

Reading Comprehension is so very important these days . . .

No one said "recreational miner". The term is "Recreational Prospecting" since there are NO CLAIMS in Maine and using this term was the only way to separate our activities
from (OMG) Miners.

Maine needs to build a wall to keep out this onslaught of ignorant refugees (with too much time & money) from other states...

Gotcha! Yes I used the wrong wording.