An Act To Provide Consistency in the Regulation of Motorized Recreational Gold Prospecting
Sec. 1. 38 MRSA §480-Q, sub-§5-A is enacted to read:
(1) Equipment may not have any fuel, oil or hydraulic leaks or cause any unlicensed discharge.
(2) Motorized equipment may not exceed 6 horsepower.
(3) The inside diameter of a suction dredge intake nozzle may not exceed 4 inches.
(4) The area of a sluice may not exceed 10 square feet.
(5) A flume may not be used to transport water outside of a stream channel.
(1) Disturbs a stream bank, including but not limited to digging into the bank or dredging or altering water flow within a stream channel in a manner that causes the bank to erode or collapse;
(2) Removes or damages vegetation or woody debris such as root wads, stumps or logs within a stream channel, on the bank or on nearby upland, including cutting or abrasion of trees;
(3) Diverts, dams or otherwise obstructs a stream;
(4) Deposits soil, rocks or any other foreign material from outside of the channel into a stream; or
(5) Deposits stream bottom sediments or rocks onto the bank or upland.
(1) Stream channels narrower than 4 feet wide;
(2) Any area designated as essential wildlife habitat by the Department of Inland Fisheries and Wildlife unless it is determined by the Department of Inland Fisheries and Wildlife that the motorized recreational gold prospecting will not:
(a) Significantly harm the essential wildlife habitat; or
(b) Violate protection guidelines adopted pursuant to the laws governing endangered species in Title 12, chapter 925, subchapter 3;
(3) Waters closed to motorized recreational gold prospecting in the unorganized territories identified in rules adopted by the Maine Land Use Planning Commission; and
(4) Waters closed to motorized recreational gold prospecting identified in rules adopted by the Department of Environmental Protection.
Sec. 2. Rulemaking. The Department of Environmental Protection and the Maine Land Use Planning Commission shall each adopt rules identifying specific waters in which motorized recreational gold prospecting is not allowed. In adopting these rules, the Maine Land Use Planning Commission and the Department of Environmental Protection shall consult with the Department of Inland Fisheries and Wildlife and the Department of Marine Resources. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
summary
This bill eliminates inconsistencies between regulation of motorized recreational gold prospecting in organized territories and in unorganized territories. The bill amends the Natural Resources Protection Act to make motorized recreational gold prospecting an activity allowed without a permit, subject to landowner permission and conditions to protect the environment, including fish and aquatic habitat.