An Act To Amend the Law Regarding Recreational Gold Prospecting
Maine Legislature, Session 128, LD 1350
Committee: Environment and Natural Resources
Sponsors: SAVIELLO
Amends: 38 MRSA §480-B, 38 MRSA §480-Q

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.
Emergency preamble.  Whereas,  acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas,  recreational gold prospecting may occur without a permit subject to 
certain conditions that do not take into account the differing environmental effects of 
different methods of recreational gold prospecting; and 
Whereas,  in order to provide access to recreational gold prospecting, enhanced 
regulation based on environmental effects and protection to certain stream segments that 
provide habitat to Atlantic salmon and brook trout before the next recreational gold 
prospecting season, this legislation must take effect as soon as possible; and 
Whereas,  in the judgment of the Legislature, these facts create an emergency 
within the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §480-B, sub-§§1-C to 1-F are enacted to read: 
1-C.  Class 1 recreational gold prospecting.  "Class 1 recreational gold 
prospecting" means recreational gold prospecting using manually operated equipment, 
including, but not limited to, a gold pan, sluice box or rocker box. 
1-D.  Class 2 recreational gold prospecting.  "Class 2 recreational gold 
prospecting" means recreational gold prospecting using manually operated equipment and 
an electric pump or motorized pump not exceeding 7 horsepower. 
1-E.  Class 3 recreational gold prospecting.  "Class 3 recreational gold prospecting" 
means recreational gold prospecting using a motorized suction dredge not exceeding 4 
horsepower and with a suction dredge intake nozzle and suction hose not exceeding 2.5 
inches in diameter. 
1-F.  Class 4 recreational gold prospecting.  "Class 4 recreational gold prospecting" 
means recreational gold prospecting using a motorized suction dredge not exceeding 7 
horsepower and with a suction dredge intake nozzle and suction hose greater than 2.5 
inches and not exceeding 4 inches in diameter. 
Sec. 2.  38 MRSA §480-B, sub-§5-C, as enacted by PL 2013, c. 536, §1, is 
repealed. 
Sec. 3.  38 MRSA §480-B, sub-§8-B is enacted to read: 
8-B.  Recreational gold prospecting.  "Recreational gold prospecting" means the 
operation of small-scale hand or motorized equipment for the removal, separation, 
refinement and redeposition of sediments and other substrates occurring below the 
normal high-water mark of a stream for the noncommercial, recreational discovery and 
collecting of gold specimens. 
Sec. 4.  38 MRSA §480-Q, sub-§5-A, as amended by PL 2013, c. 536, §2, is 
further amended to read: 
5-A.  Recreational gold prospecting.  Notwithstanding section 480-C, a permit is 
not required for motorized recreational gold prospecting as long as the provisions of this 
subsection are met. 
A.  A person may perform motorized Class 3 and Class 4 recreational gold 
prospecting only from June 15th to September 15th and only with written permission 
of the relevant landowner. 
A-1.  A person may perform Class 1 and Class 2 recreational gold prospecting from 
January 1st to December 31st. 
A-2.  A person may not perform Class 4 recreational gold prospecting for more than 
days in a 30-day period. 
B.  A person may not perform motorized recreational gold prospecting that causes an 
undue adverse effect on natural resources.  The area in which the motorized 
recreational gold prospecting is performed must be kept free of litter, trash and any 
other materials that may constitute a hazardous or nuisance condition. 
C.  The following provisions limit the use of equipment in motorized recreational 
gold prospecting. 
(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. 
(6)  A backhoe, bulldozer, excavator, power auger, skid loader, trencher or other 
similar mechanized equipment may not be used. 
(7)  Explosives may not be used. 
D.  A person may not use mercury, nitric acid or other chemicals for extraction in 
motorized recreational gold prospecting. 
E.  A person may not perform motorized recreational gold prospecting in a manner 
that: 
(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.; 
(6)  For Class 3 recreational gold prospecting, displaces more than 2 cubic yards 
of gravel per day; or 
(7)  For Class 4 recreational gold prospecting, displaces more than 5 cubic yards 
of gravel per day. 
F.  Upon completion of one or more consecutive days of motorized recreational gold 
prospecting, a person who performed the motorized recreational gold prospecting 
shall smooth out dredge spoils and refill dredge holes below the normal high-water 
mark of the stream in order to restore the approximate original contours of the stream 
bottom and not deflect the current. 
G.  Motorized Class 4 recreational gold prospecting is prohibited within the following 
areas: 
(1)  Waters closed to motorized Class 4 recreational gold prospecting in the 
unorganized territories identified in rules adopted by the Department of 
Agriculture, Conservation and Forestry, Maine Land Use Planning Commission; 
(2)  Waters closed to motorized Class 4 recreational gold prospecting identified 
in rules adopted by the Department of Environmental Protection; 
(3)  Waters defined as Class AA waters pursuant to section 465; and 
(4)  The following areas of critical or high-value brook trout or Atlantic salmon 
habitat: 
(a)  Bemis Stream and tributaries in Township D and Rangeley Plantation; 
(b)  Bond Brook in the City of Augusta and the Town of Manchester; 
(c)  Bull Branch of Sunday River and tributaries in Grafton Township and 
Riley Township; 
(d)  Carrabassett River and tributaries in the Town of Carrabassett Valley, 
Freeman Township, and the Town of Kingfield, Mount Abram Township and 
Salem Township upstream from a point located one mile above the dam in 
the Town of Kingfield; 
(e)  Cold Stream tributaries, including Tomhegan Stream, in Chase Stream 
Township, Johnson Mountain Township and West Forks Plantation; 
(f)  Enchanted Stream in Upper Enchanted Township and Lower Enchanted 
Township; 
(g)  Magalloway River and tributaries, including Little Magalloway River, in 
Bowmantown Township, Lincoln Plantation, Lynchtown Township, 
Magalloway Plantation, Oxbow Township, Parkertown Township and 
Parmachenee Township; 
(h)  Rapid River in the Town of Upton and Township C; 
(i)  Sheepscot River and tributaries, including the West Branch, in the Town 
of Alna, the Town of China, the Town of Freedom, the Town of Liberty, the 
Town of Montville, the Town of Palermo, the Town of Somerville, the Town 
of Whitefield and the Town of Windsor; 
(j)  South Bog Stream in Rangeley Plantation; 
(k)  Spencer Stream and Little Spencer Stream tributaries, including Kibby 
Stream in Kibby Township, Skinner Township, T.3, R.5 B.K.P. W.K.R., T.4, 
R.5 B.K.P. W.K.R., King and Bartlett Township and T.5, R.6 B.K.P. 
W.K.R.; and 
(l)  Togus Stream in the Town of Chelsea and the Town of Randolph. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the law governing recreational gold prospecting.  The bill 
establishes different classes of recreational gold prospecting based on the equipment used 
and establishes different requirements for each class.