Michigan prospecting law discussion

[A#1]

I'm running into some interpretation or definition issues with the prospecting law here in Michigan. What the law SAYS is pretty simple really, but there's things the law doesn't say, and ways to do things that aren't really stated. I was hoping for an intelligent discussion of this.

This is the state law regarding recreational panning & sluicing of gold. https://www.michigan.gov/documents/dnr/02LUOD2009_-_Recreational_Panning_Sluicing_of_Gold_271261_7.pdf

(1) Recreational gold panning and sluicing activities are allowed adjacent to and within rivers and
streams on state-owned mineral and surface lands except for the following:
The state has mineral rights ownership maps to show you this. Easy stuff, no issues

(a) Excavating, digging, or otherwise disturbing banks of a stream or river.
What are the "banks"? How far do they extend from the water's edge? What about beds, shoals, spits, bars, tombolos, or an isthmus?

(b) Gold panning or sluicing in any stream or river segment if stream mussel beds are known to occur or are
encountered while panning or sluicing.
OK, look for mussel beds first.


(c) Gold panning or sluicing in designated trout streams, natural rivers, or natural areas.
The state also provides maps and lists to identify all these, easy peasy.

(d) Use of a hand-operated sluice box larger than 52 inches long, 12 inches wide, and 6.5 inches deep, or any type
of power sluice box or dredge.
Ok, no dredging is simple enough, but what's a "power sluice"? A simple search says it's a highbanker, drawing and returning water via pump, from a natural source. Is a recirculating highbanker a "power sluice"? If it isn't using a natural water source, is it even "sluicing" at all?


(e) Removing gold in excess of one-half (1/2) troy ounce, or 15.55 grams, per year, per person, from state-owned
mineral and surface lands and streams and rivers

LOL


Anyone have any input?

 

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[et1955]

It might be helpful for you if you download a copy of " Washington department of fish and wildlife gold and fish book " it explains banks, at least for my state and the rules I have to abide by. good luck.

 

[A#1]

Thanks for that. While it may not be Michigan specific, it does begin as any proper law should, with a "Definition of Terms". I think one of my issues here in Michigan is the simple fact this isn't law by definition, it's "Land Use Rules" and isn't accompanied by definition.

What I derived from your suggestion.....

Bank – Any land surface above the ordinary high water
line that adjoins a body of water and contains it except
during floods. The term “bank” also includes all land
surfaces of islands above the ordinary high water line
that adjoin a body of water and that are below the flood
elevation of their surrounding body of water

Power sluice – High-banker

High-banker – A stationary concentrator operated outside
the wetted perimeter of the body of water from which
the water is removed, using water supplied by hand or
by pumping.

Truth is....I'm trying to every possible way to skirt the law here. Most of the decent streams are protected in some way, most that aren't protected are siltbeds. It seems I'm somewhat limited to great lakes beaches, but the rules still aren't very clear.

Basically I'm trying to decide if I want to build a mobile recirculating highbanker using my LeTrap for working those beaches, but the LeTrap is bigger than their rules state and getting a sluice permit for spur of the moment prospecting ain't gonna happen.

 

[Bejay]

If you read the statement right off the top it says "State Owned Lands" Ownership is the key word. I am not sure on the ownership of the rivers/streams and embankments because in the cases I am familiar with the public owns the water. Land Deeds in Mich may extend down into the river beds. It is all about ownership. If it is private lands then the language you presented would not appear to apply...... "state owned land/waterways" is applicable to the language you set forth in your opening. Ownership...key issue!


Bejay