Sunday, March 8, 2015

Broken Democracy

Over the past two years I have been involved in trying to tighten regulations on a certain form of placer mining here in Washington State.  Currently, miners can take a machine called a suction dredge (pictured above) and suck up stream beds, spewing out the sediment which includes residual toxic materials such as zinc, copper, mercury, downstream.  Many of the miners mine areas which are designated critical habitat for fish species listed endangered or threatened under the Endangered Species Act.  And the miners do this for a few flakes of gold which they claim they do as a hobby (but many of them admit they are actually supplementing their income...let's just say the story changes from hobby to income depending on the argument they are making).

In order to change the regulations, which are promulgated and "enforced" by Washington Department of Fish and Wildlife (WDFW), we need to change the current laws which the legislature, in the1990s, wrote in broad language requiring WDFW to "go light" on mining regulation.

Working with a broad coalition of groups, we proposed several modest changes (modest in comparison with what is happening in our neighboring states, including Idaho): a study to determine the effects and cumulative impacts of this form of mining, a license fee for the miners (since they pay absolutely nothing now), and a moratorium on allowing the miners to mine with suction dredges in streams that are listed as critical habitat for Endangered Species Act listed fish species in Washington State.  This is the second year we have introduced legislation.  Last year our bill went no where.

From what we understand there are about 1, 500 miners in Washington State.  The current population of Washington State is 7, 062,000 (over 7 million people).  Those 7 million people pay over 200 million dollars every year in restoration projects for salmon, steelhead, and Bull trout (the three main species listed under the Endangered Species Act).  And those 7 million people expect their state legislators to work for the majority of the people, not for a loud, bullying minority of folks whose selfish desire to destroy streams for small flakes of gold.

This past legislative session, we managed to get a hearing in front of the Washington State House of Representatives Agriculture and Natural Resource Committee for our modest bill.  The miners who are very internet savvy, knew about the hearing instantly, and between Facebook and their web sites, alerted their members.  While we have talked to thousands of people about this issue, and believe a large majority of Washingtonians agree with us, the miners outnumbered our supporters in the hearing room.  On top of it, only one Democratic Member of the House stayed for the hearing, while the minority (the Republicans) all stayed and asked softball questions to the miners.

The miners intimidate.  The bully people through the Internet.  The carry guns when they are mining and both Federal and State enforcement officers have told us they are nervous and scared of running into the miners when they are out in the field.  The miners refuse to comply with Federal laws requiring them to notify the US Forest Service when they are mining on our Federal land.  And we have watched videos where the miners admit they don't pay taxes on the gold they collect off of our Federal lands.  They are a small minority who control the majority.

Clearly, democracy is broken.  In today's Seattle Times there was this article which implies that the only way to bring about the change a majority of people may want is to circumvent elected officials.  People wonder why conservationists sue and sane gun law advocates use the initiative process, it's because loud and intimidating minorities "own" our democracy.

We have tried to work with the system we have and have gotten nowhere.  Meanwhile, streams and rivers in Washington continue to be torn up by miners.   It's been over a decade since salmon, steelhead, and Bull trout were listed as endangered or threatened.  The recoveries have been slow if non-existent because everyone is scared to take the steps necessary.  Tightening the regulations on suction dredge mining is small step.  It is low hanging fruit in terms of helping fish survive.  It's what the majority of people in Washington State want, it's what we have committed billions of dollars toward solving.  So, it may be time to figure out how to leave the broken democracy and find a way to give fish a chance.