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 7 horsepower.
(3) The inside diameter of a suction dredge intake nozzle and hose 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) Waters closed to motorized recreational gold prospecting in the unorganized territories identified in rules adopted by the Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission; and
(2) 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 Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission may each adopt rules identifying specific waters in which motorized recreational gold prospecting is not allowed. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 3. Authority to submit legislation. The Joint Standing Committee on Environment and Natural Resources may report out a bill related to motorized recreational gold prospecting to the Second Regular Session of the 126th Legislature.