Well, it is because this is all political and not scientific (like you guys didnt know that). Since the Court ruled that California's dredge permitting moratorium is unconstitutional, making it unenforceable as a matter of law, The New 49'ers are not going to prohibit suction dredging on our mining properties. We are including a link to the closed rivers, streams and areas in the state, and it will astound you as it did us. Theyve passed laws which explicitly exclude them from any liabilities from their actions. They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. Join/Donate | Public Lands For The People. For a better experience, please enable JavaScript in your browser before proceeding. Only gamble with what you care to lose. 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 . This web page will be updated, resources permitting, should there be any significant developments in the ongoing litigation regarding suction dredging that affects the current status quo. P.O. -Your Board of Directors. We are very pleased with the decision of the California Department of Fish and Wildlife to act quickly, said Leaf Hillman, director of natural resources for the Karuk tribe. Defines for the first time by statute what it means to use vacuum or suction dredge equipment, otherwise known as suction dredging, as the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals; but also clarifying the definition does not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. Back in August, 2009, the California legislature passed SB 670, which was the first ban on suction gold dredging in the state. Quote. PLP: FIGHTING TO TAKE IT BACK AND KEEP IT FOR TWENTY-FIVE YEARS! Under new state law effective January 1, . Firstly, we would like to state that the CAWB are not the bad guys here, there were mandated by the bill Democrat Ben Allen passed. support@americanminingrights.com (People v. Rinehart, No. If mercury is being stirred by dredging, why has the government just given over a million dollars for mercury to the Sierra Fund (a super-liberal environmental group)? If you havent renewed your membership lately, you can do so on our new website: Sound familiar? On June 27, 2012, the State of California enacted Senate Bill 1018 (SB 1018), amending Fish and Game Code section 5653.1. Box 100, Sacramento, CA 95812-2000. Initial Study and Notice of Preparation (PDF), Appendix E. Comparison of Suction Dredge Mining Regulations in the United States (PDF), Appendix F. Suction Dredge Survey and Summary of Results (PDF), Appendix G. Public Advisory Committee Meeting Summaries (PDF), Appendix H. Socioeconomic Report on Regulatory Amendments (PDF), Appendix I. Descriptions of Habitat Types Likely to Occur in or Adjacent to Proposed Program Activities (PDF), Appendix K. Detailed Life History Descriptions for, Appendix L. Species-Based Restrictions on Proposed Program Activities (PDF), Appendix M. Management of Invasive Species (PDF). If you recall, the DFG created a nightmare proposal on dredging, the one we recommended was nothing like that. Unfortunately I just received this update in my email today. They have a calculation where the permit structure needs to be 110% of the cost to do the permits so it shouldnt be that much. 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. S222620.) All legal entries received at our office after this draw will automatically generate tickets for the next New 49`ers Legal Fund draw. DFG will be the enforcement arm and will be the agency tasked with checking for permits like we all remember.although in decades of dredging with a permit, I never once got checked. Notice Register 2013, No. Please also be aware that those misusing the CA Suction Dredge Guide may run the risk of citation and dredge confiscation; including those that following individuals that promote the Army Corp 404 dredge discharge system while trying to replicate the CA Suction Dredge Guide. DFW has instructed all DFW LEO's as to what is and is not covered under the new law. Will it be thousands? We will be demonstrating to the public how to responsibly, and legally, use a suction dredge for the purpose of reclamation. No dredging during spawning season (which we support). Do we have to keep silly diaries and all the other documentation like what was proposed before? 19-Z, p. The case has yet to be decided at that level. There are a few things still unanswered like: Are there restrictions on sizes of dredges and motors. Its all a scam. Surprisingly to them, that did not happen. All Rights Reserved. We attended and presented (on your behalf) at every one of the public hearings with the CAWB when the permitting was being discussed and we produced a pretty compelling video of the Department of Fish and Game (DFG) actively suction dredging in other states to create fish habitat. Mar 19, 2012. The regulations as approved by the Office of Administrative Law (OAL) and filed with the Secretary of State took effect consistent with the Administrative Procedure Act (APA) on April 27, 2012. 2015, ch. Reg. There are no seasons imposed upon the other types of surface mining activity. 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. As the PLP membership has already been informed, on January 12, 2015, the Honorable Gilbert G. Ochoa, Judge of the Superior Court, San Bernardino County, issued a Ruling which, in effect, granted PLPs motions for summary adjudication regarding Federal preemption as to the States prohibition on suction dredge mining and the 2012 Suction Dredge Mining Regulations (2012 Regulations) promulgated thereunder. AMRA will be discussing this live all weekend at out outing near Groveland CA, its open to the public and its free. Transportation and Traffic (PDF), Chapter 5. ), effective August 4, 2014. SB637 had a mandate of 1 year for the CAWB to come up with a plan and they are now at 2 years, 4 months and 16 days. Mining equipment may not be used where freshwater mussels or Pacific lamprey are present. Four-inch Proline excavator: Rod Schultz of Wichita, KS We had already developed the gravity extraction method on the previous project, so setting up the project was quite routine. Then AMRA introduced SB1222 and things busted wide open. Attn: Ms. Jeanine Townsend, Clerk of the Board. It also does not affect our group weekend projects. Keep up the great work. 680, 2-3.) There is 23 1/2 million ibs. Key documents prepared by CDFW as part of its final action under CEQA and the APA are available here: The Draft and Final SEIR prepared and certified by CDFW for its Suction Dredge Permitting Program are available here: Questions to CDFW regarding suction dredging or otherwise lawful mining activities not prohibited by current law should be directed to the appropriate CDFW Regional Office. All Rights Reserved. (Cal. So the CAWB didnt toe the political line as some expected. Notice Register 2014, No. Perhaps it is time we organize a march on Sacramento and show the lawmakers there that there are a lot of miners and they also know how to vote and sway other voters. That state and federal agencies ignore us, our voices and our rights should not surprise anyone by now. The regs are intenionally open to interpretation and the obvious intent was to "be vague, sieze and prosecute" any form of mining save hands and pans. Trimmable Sluice Box Matting. hand powered and gravity is still in the game . PLP members already in good standing who provide their member number can just request the CA Suction Dredge Guide on the PLP info line by voice or email submission and it will be mailed to you. 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.. (Cal. The case is so dry based on established federal law that the miners have asked the Federal Court for an expedited summary decision, hoping to save their 2016 season. shannonp@americanminingrights.com, American Mining Rights Association The U.S. Supreme Court rejected a challenge Monday to California's ban on suction-dredge mining for gold, a technique that extracts minerals from riverbeds while dumping residue that can. The event will be held on one of the RGM group claims. UPDATE AUGUST 2009: CA governor has approved new legislation banning all suction dredging within CA until a study is completed by the department of fish and game to determine if dredging is harmful to fish populations. on. 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. How would you like a new Proline 4 dredge for a dollar. CDFW adopted the amended regulatory definition of suction dredging through a regular noticed rulemaking action under the Administrative Procedure Act (Gov. There will be no site specific studies required for any permits. Love all the work and appreciated every single one of you who participated in making this possible for all of us. Is none motorized dredging or high banking legal in California Thread starter et1955; Start date Jun 4, 2016; et1955 Hero Member. (Cal. I know electric and gas motors are not allowed. We had already invested enough time in this gold deposit to know where the pay-dirt line was and what the payment dirt looked like. Public Lands for the People (PLP) and Reinke Mining Adventures & Services are gearing up to demonstrate how to legally repurpose your dredge. completely legal even in the non motorized areas and just drives them crazy. Your excavator only collects 93% of the mercury, while ours collects many more. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); American Mining Rights Assoc. Thank you. Other Statutory Considerations (PDF), Appendix A.. We believe the sponsors of SB637, Izzy Martin and the enviro group The Sierra Fund, along with their Senator who brought the bill forward, Ben Allen, a Democrat from Hollywood believed the CAWB would toe the political line and just slow walk, or deny permits all along. So what happened is they didnt take Craigs word for what the outcome was on all these studies, they pulled the raw data and then over the next year, AMRA worked with them on a permitting structure and we did this quietly and behind the scenes. Copyright 2023 by Gold Prospectors Association of America. What specific rivers/waterways will have a season, although it appears as it is exactly like it was in 2009. Joey. The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. (Stats. That is Awesome news. Here is a link to a summary provided by our lawyer. (Fish & G. Code, 5653, subd. We find it a bit odd that right before the 10 year fight for suction dredging seems to be gaining some ground, this happens. When the lawsuit last year was settled by PLP, WMA and a few others, this locked the California miners into these regulations. The violation of the grave, by taking up the dead body, or stealing the coffin or grave clothes, is a misdemeanor at common law. (916) 928-5805 | LRB@wildlife.ca.gov, required report to the California Legislature (PDF), Access California Fish and Game Code and CDFWs regulations, Notice of Public Hearing, Section 228 (a) Suction Dredging Definition (PDF), Text of Specific Regulatory Language to be Amended (PDF), Economic and Fiscal Impact Statement (STD 399) (PDF Form), OAL Approved Form 400 (August 4, 2014) (PDF), Approved Regulatory Text (August 4, 2014) (PDF), Final Adopted Regulations Approved by the Office of Administrative Law (PDF), Final Adopted Regulations (underline/strikeout version) (PDF), Office of Administrative Law Notice of Approval of Regulatory Action (PDF), Title Page, Table of Contents and Chapters 1, 2 and 3 (PDF), Chapter 4 - Responses to DSEIR Comments (PDF), List of Individuals Submitting Generic Form Letters (PDF), Cross-Reference of Responses to Individual Comments (PDF), Cross-Reference of Responses to Comments Provided at Public Meetings (PDF), Cross-Reference of Responses to Form Letters and Variants (PDF), Chapter 4.1 Hydrology and Geomorphology (PDF), Chapter 4.2. Defines for the first time by statute what it means to use vacuum or suction dredge equipment, otherwise known as suction dredging, as the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals; but also clarifying the definition does not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. 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. For a complete description of the covered activities, eligibility requirements, and conditions, please see OAR 141-089-0820 through . Thanks to our PLP member and donor support, our trips to Washington D.C. have netted us an inside track to data on the environmental agencies that we are now prepared to release to our members. The definition they hang there hat on is..any motor used in the assistance of gold recoverythat's how they will get out of banning generatorsboats..jetskiscars.a hook has a motor and is used for gold recovery they will use that. DFW considers a hookah a motorized system that aids in the recovery of gold as is banned as per the new law? CDFW regulates suction dredging and the use of any related equipment in California pursuant to Fish and Game Code section 5653 specifically. (Stats. Join/Donate | Public Lands For The People, The Original. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. 680, 2-3.) Under that authority, the use of any vacuum or suction dredge equipment by any person in any river, stream or lake in California is prohibited, unless authorized under a permit issued by CDFW. You MUST be heard. Dec 5, 2010 1,702 1,477. So as you can see, this is monumental. thankfully where I go you would likely find bigfoot before you found me. Learn how a Suction Nozzle works on a Gold Dredge. The Department prepared and submitted the required report to the California Legislature (PDF) on April 1, 2013. Pathetic. If you are diverting water from a riparian parcel for use on that parcel, you . PLP is hopeful that the Court will grant their requested injunction against DF&W. 641.) The use of vacuum or suction dredge equipment, otherwise known as suction dredging, is currently prohibited and unlawful throughout California. Most questions we can answer now, some we cannot answer until late June when we have some formal meetings with the Director of the CAWB and a few Senators, but we are in fact going to be dredging next spring. Big hose reduction before the suck hose is the biggie-a 4" hose runs a 2 1/2 . Any gravity or siphon dredge used may not have an intake nozzle or hose that has an inside diameter exceeding four inches. I can see where some hack could interpret Mechanized to mean anything that gives a man a mechanical advantage..shovels,levers, bars, pans, etc. This is really stupid. Give Gift; Back to Top; Post by Steel Pan on May 20, 2010 7:54:18 GMT -5. Their Board of Directors voted unanimously it is deminimus (no harm). View Google Map The officers were polite and warm. California's ban on the use of suction dredges to extract gold from rivers is legal and not overridden by a 19th century federal law that allows mining on federal land, the California. 2.Enjoining the enforcement of the 2012 Regulations promulgated pursuant to 5653.1 of the Fish & Game Code; and Some believe the state cannot regulate suction dredging and we agree to some degree here at AMRA, but what would happen if you dredged right now without the permit mandated by SB637?