SF 2700

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; authorizing 
  1.3             recreational gold prospecting with certain 
  1.4             restrictions; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 93. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [93.60] [DEFINITIONS.] 
  1.8      Subdivision 1.  [MOTORIZED RECREATIONAL GOLD 
  1.9   PROSPECTING.] "Motorized recreational gold prospecting" means 
  1.10  operating small-scale, motorized equipment for recreational gold 
  1.11  prospecting, including, but not limited to, operating a 
  1.12  motorized suction dredge, sluice, pump, highbanker, or winch. 
  1.13     Subd. 2.  [RECREATIONAL GOLD PROSPECTING.] "Recreational 
  1.14  gold prospecting" means removing, separating, refining, and 
  1.15  redepositing sediments and other substrates occurring below the 
  1.16  normal high water mark of a stream for the noncommercial, 
  1.17  recreational discovery and collection of gold specimens. 
  1.18     Subd. 3.  [STREAM CHANNEL.] "Stream channel" is defined as 
  1.19  a channel between defined banks created by the action of surface 
  1.20  water and characterized by the lack of terrestrial vegetation or 
  1.21  by the presence of a bed, devoid of topsoil, containing 
  1.22  waterborne deposits or exposed soil parent material or bedrock. 
  1.23     Sec. 2.  [93.61] [RECREATIONAL GOLD PROSPECTING 
  1.24  REQUIREMENTS.] 
  1.25     Subdivision 1.  [PERMISSION REQUIRED.] All recreational 
  2.1   gold prospectors must obtain written landowner permission before 
  2.2   entering and prospecting on private property.  Written 
  2.3   permission must be obtained from the appropriate state or local 
  2.4   unit of government when prospecting on public property.  When 
  2.5   two sides of a stream are owned by different landowners, the 
  2.6   prospector must obtain permission from both landowners. 
  2.7      Subd. 2.  [RESTORATION REQUIRED.] A recreational gold 
  2.8   prospector must replace river-bottom sediments to approximately 
  2.9   their original location and must approximately restore the 
  2.10  natural shape of the river bed at the end of one or more days of 
  2.11  prospecting. 
  2.12     Subd. 3.  [SEASON.] A person may engage in recreational 
  2.13  gold prospecting only during the recreational gold prospecting 
  2.14  season.  The annual recreational gold prospecting season begins 
  2.15  on May 25 at 8:00 a.m. and ends on the following April 30 at 
  2.16  6:00 p.m. 
  2.17     Sec. 3.  [93.62] [RESTRICTIONS ON RECREATIONAL GOLD 
  2.18  PROSPECTING.] 
  2.19     Subdivision 1.  [CHEMICALS PROHIBITED.] The use of mercury 
  2.20  or other chemicals for extraction of gold within the stream bed 
  2.21  or adjacent open area is prohibited. 
  2.22     Subd. 2.  [PROHIBITED ACTIVITIES.] No motorized 
  2.23  recreational gold prospecting may occur in a manner that: 
  2.24     (1) disturbs a stream bank including, but not limited to, 
  2.25  digging into the bank or dredging or altering water flow within 
  2.26  a stream channel in a manner that causes the bank to erode or 
  2.27  collapse; 
  2.28     (2) removes or damages vegetation or woody debris such as 
  2.29  root wads, stumps, or logs within a stream channel, on the bank, 
  2.30  or on nearby upland; 
  2.31     (3) diverts, dams, or otherwise obstructs a stream in its 
  2.32  entirety; 
  2.33     (4) deposits soil, rocks, or any other foreign material 
  2.34  from outside of the channel into a stream; or 
  2.35     (5) deposits stream bottom sediments or rocks onto the bank 
  2.36  or upland. 
  3.1      Subd. 3.  [EQUIPMENT LIMITATION.] Motorized recreational 
  3.2   gold prospecting equipment may not exceed 12 horsepower. 
  3.3      Subd. 4.  [STREAM WIDTH.] Motorized recreational gold 
  3.4   prospecting is prohibited in stream channels narrower than four 
  3.5   feet wide.  Where a stream varies in width, the stream is closed 
  3.6   upstream from where the channel is four feet wide.  Stream width 
  3.7   is measured across the channel, perpendicular to the centerline. 
  3.8      Subd. 5.  [USE OF TREES.] Trees may be used as winch and 
  3.9   pulley anchor points provided that precautions are taken to 
  3.10  ensure trees, including trunk surfaces, are not damaged. 
  3.11     Sec. 4.  [93.63] [PERMIT REQUIREMENTS.] 
  3.12     Subdivision 1.  [NO PERMIT REQUIRED; PROHIBITED 
  3.13  ACTIVITIES.] (a) Notwithstanding sections 93.001 to 93.58 or 
  3.14  rules adopted thereunder, recreational gold prospecting does not 
  3.15  require a permit if it is done with hand shovels or other 
  3.16  nonmotorized tools, with a suction dredge less than four inches 
  3.17  in diameter, or with a sluice box of less than ten square feet. 
  3.18     (b) Recreational gold prospecting may not create an 
  3.19  unlicensed discharge of a pollutant or harm endangered or 
  3.20  threatened plant or animal species. 
  3.21     Subd. 2.  [PERMIT REQUIRED.] A permit is required from the 
  3.22  commissioner of natural resources for motorized recreational 
  3.23  gold prospecting with a suction dredge greater than four inches 
  3.24  in diameter at the intake nozzle or with a sluice box of ten 
  3.25  square feet or greater size. 
  3.26     Sec. 5.  [93.64] [PERMIT APPLICATION.] 
  3.27     Subdivision 1.  [FEE.] The cost of a recreational gold 
  3.28  prospecting season permit is $25. 
  3.29     Subd. 2.  [MAP REQUIRED.] The permit application must 
  3.30  include written landowner permission and landowner-initialed 
  3.31  maps as evidence of the applicant's legal right to enter onto 
  3.32  and engage in prospecting in areas where the applicant is 
  3.33  authorized to do so. 
  3.34     Subd. 3.  [GROUP APPLICATION.] An individual may obtain a 
  3.35  permit on behalf of a group of prospectors not to exceed six 
  3.36  persons.  The applicant must accompany the other group members 
  4.1   when engaged in prospecting activities. 
  4.2      Subd. 4.  [NONTRANSFERABLE.] The permit is nontransferable.