It's all on your dime to prove your innocence. The matter is fully briefed and the parties, including the People of the State of California represented by the California Attorney General, await further notice from the Court. There will be no site specific studies required for any permits. They are holding hearings right now on the mercury issue and there idiotic assumption is that dredging stirs it up and of course they say we are not catching it. Copyright 2023 Public Lands For The People. This decision ensures that California`s water quality, fisheries, and cultural sites are protected from suction dredging and similar forms of mechanized recreational mining. Suction dredging uses machines to suck gravel and sand from streams and river bottoms in search of gold. The Department prepared and submitted the required report to the California Legislature (PDF) on April 1, 2013. The updated regulations are the first comprehensive update of CDFWs suction dredging regulations since 1994. You are using an out of date browser. We do not know, but due to the fact that they are following the EPA NPDES permitting structure, it is likely to be expensive. What follows is an update of where we stand legally and what happens next on June 23rd in the combined cases being heard in San Bernardino. DFW has instructed all DFW LEO's as to what is and is not covered under the new law. Firstly, almost all of the equipment wrapped up in the vague language of SB637 is being reversed and will once again be legal and not considered a suction dredge. Suction dredge mining, a practice in which individuals use vacuum-like devices to extract minerals from the bottom of waterways, has been restricted by a series of new laws passed in the. If you can't use a motor " within a 100ft of the water way" can you use a water wheel to drive the pumps needed to run such equipment. May work for others, but when out legislators got wind of it a couple of years ago as a "work around" they put in it into the bill as well. All Rights Reserved. How is it that other states dredge to create fish habitat, but California thinks it kills fish? I had given up all hope and listed my brand new 4inch Proline(never used) that I have been sitting on for 5 years. To continue prospecting the bottom of active waterways, some members have converted to underwater crevicing, using the hookah and pump from their 5 and 6 HP motors on floating platforms to provide air for breathing and a jet of water to help move material out of the way, thus coining the new method as underwater blow mining.. Its all a scam. 2020 Reinke Mining Adventures & Services Inc. All rights reserved. PLP can say with confidence that the agencies will never treat responsible PLP members the same again. I can see where some hack could interpret Mechanized to mean anything that gives a man a mechanical advantage..shovels,levers, bars, pans, etc. California law currently prohibits the use of "vacuum or vacuum dredging equipment" in state waterways, but since strict rules previously defined a suction dredge as a "hose, motor, and locking box," miners simply remove the lock box a change that piles debris dredged with highly toxic mercury along waterways. With state law in effect, the use of vacuum or suction dredge equipment, otherwise known as suction dredging, is unlawful in California rivers, streams, and lakes, and any such activity is subject to enforcement and prosecution as a criminal misdemeanor. completely legal even in the non motorized areas and just drives them crazy. #6. S222620.) How is dredging used to find gold nuggets? Individuals engaged or interested in otherwise lawful instream mining should be aware that other environmental laws may apply to these various other mining practices. Code, 11340 et seq. Copyright 2023 by Gold Prospectors Association of America. Fish and Game Code section 5650, for example, prohibits the placement of materials deleterious to fish, including sand and gravel from outside of the current water level, into the river or stream. They stated you can still pan. Youd have your equipment confiscated, youd be fined and youd be dragged through the California court system and found guilty based on the current language. Several major conservative natural resource groups supported our arguments in the California Supreme Court. We wonThey exempted classic cars from their tyrannical smog check ll program. It may not display this or other websites correctly. apart that were adopted jan. 1 2016 and there is no ban on gravity suction but its all water board here in ca, that's calling the shots, a bunch of gay and lesbian appointees that live at lake Tahoe and run down every mourning to see if there is a turd floating on the lake. According to the web page of the California Supreme Court, the case presents the following issue: Does the Mining Act of 1872 (30 U.S.C. Let that sink in for a minute.other states are dredging to create fish habitat. Other Statutory Considerations (PDF), Appendix A.. Even once the dredge is brought in, the dredger will sample around in the River to find good gold bearing deposits and pay streaks that can be worked profitably with a dredge. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. We view this new restriction as completely unnecessary and based on seriously flawed information provided by biased sources. When the lawsuit last year was settled by PLP, WMA and a few others, this locked the California miners into these regulations. 1.Enforcing the provisions of the Fish & Wildlife Code prohibiting suction dredge mining in the rivers, streams, and waterways of California without a permit, and possessing a suction dredge near closed waterways; 2.Enjoining the enforcement of the 2012 Regulations promulgated pursuant to 5653.1 of the Fish & Game Code; and. People were cited, their equipment confiscated and fines were paid. Under existing state law the California Department of Fish and Wildlife is also currently prohibited from issuing any permits for suction dredging in California under the Fish and Game Code. One person cannot change the world, he or she can only lead the way. Reg. The politicians understand one thingthey cannot continue to piss off their constituents (those in their districts) and get re-elected. Quote. What specific rivers/waterways will have a season, although it appears as it is exactly like it was in 2009. Under new state law effective January 1, 2016, the use of vacuum or suction dredge equipment is defined to mean the use of a mechanized or motorized system for removing or assisting in the removal of . PO Box 467 of Fish & Wildlife, and the Forest Service to help give us that path to legally resume suction dredging in California. Home; Categories. In the coming days, we will have a public workshop to show the public just how this works and we will invite a Department of Fish and Wildlife officer to show that dredging for the purpose of reclamation is legal in the state of California and, we will not be ticketed. 641.) As a result of extensive litigation, we managed to finally get the Moratoriumoverturnedin the Third Appellate Court. What they concluded was dredging was deminimus, meaning it doesnt harm fish or fish habitat. Also, gravity dredging is legal in California because it is not motorized, right? ), effective August 4, 2014. Hazards and Hazardous Materials (PDF), Figure 4.4-1 Fire Hazard Severity Zones in State Responsibility Areas (PDF), Figure 4.4-2 Fire Hazard Severity Zones in Local Responsibility Areas (PDF), Figure 4.4-3 Fire Hazard Severity Zones in State Responsibility Areas in Yuba County (PDF), Figure 4.4-4 Fire Hazard Severity Zones in Local Responsibility Areas in Yuba County (PDF), Chapter 4.9. (Fish & G. Code, 5653, subd. -Your Board of Directors. However the CAWB has specifically stated they would like AMRA (Shannon Poe) to help them with the language and make sure the language does not encompass other equipment like the vague SB637. The exact cost, although we believe it will be a few hundred dollars at most, not the $2,000 circulating on the internet. In general, SB 637 amends Fish and Game Code section 5653 as follows: In general, Water Code section 13172.5, added by SB 637: Information regarding state and federal water quality permitting requirements, and related action by the State Water Resources Control Board, the Regional Water Quality Control Boards, and the U.S. Army Corps of Engineers is available at the following links: The California Department of Fish and Wildlife, formerly the Department of Fish and Game, has been a named defendant or respondent in various lawsuits related to suction dredging in California since 2005. What the Miners now seek is the practical mechanism by which this Courts Ruling and Order is implemented in reality, so that the purpose and objectives of the Federal mining laws can again become a living and practical presence in their lives. You see, at the time, they knew how beneficial dredging was to our waterways, now it`s a program. No. 2015, ch. It was all pure politics and science was ignored. This has the effect of dramatically reducing the cost of the permit for the end user. There is 23 1/2 million ibs. a lot of material fell off the bank into the creek so you could also shovel into the banker. Regardless, Im not surprised in the least, and am definitely IN regarding the march/protest if given decent notice. The end result of the Courts Ruling and Order is that California Fish & Game Code 5653.1, and the 2012 Regulations promulgated thereunder by the Department of Fish & Wildlife (DF&W,) are declared unconstitutional, as being preempted by the Federal mining laws. Another fact is that there will only be 1500 permits issued and most of them have been issued to the phony mercury cleanup firms and the big dredgers cleaning harbors and such, the little guy doesn't have a chance. With state law in effect, the use of vacuum or suction dredge equipment, otherwise known as suction dredging, is unlawful in California rivers, streams, and lakes, and any such activity is subject to enforcement and prosecution as a criminal misdemeanor. The Rinehart case awaits a decision by the California Supreme Court. Notice Register 2013, No. We will also be covering this in detail at our annual dinner in Chino CA June 2nd, see our website for details or the post below for the outing directions and times. Code Regs., tit. You must log in or register to reply here. ---MembershipDonationClaimsSend us a link/News articleGeneral Inquiry. New state law governing the use of vacuum or suction dredge equipment, otherwise known as suction dredging, is now in effect, as of January 1, 2016. Important Note:In 2009, theState of California passed a law which placed a statewide moratorium onsuction dredgingin California until the Department of Fish &Wildlife (DFW)completed an updated Environmental Impact Report (EIR)along withseveral other requirementsthat were not within their jurisdiction. Standing 31 years strong for Multiple Use on Public Land RIGHTS. In addition we have identified some fantastic suction dredging opportunities for our members in Southern Oregon. For a complete description of the covered activities, eligibility requirements, and conditions, please see OAR 141-089-0820 through . All legal entries received at our office after this draw will automatically generate tickets for the next New 49`ers Legal Fund draw. Based upon the Courts Ruling and Order, on May 18, 2015, PLP filed a motion, along with The New 49ers, for an injunction against DF&W from: 1.Enforcing the provisions of the Fish & Wildlife Code prohibiting suction dredge mining in the rivers, streams, and waterways of California without a permit, and possessing a suction dredge near closed waterways;