BILL NUMBER: SB 670 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 26, 2009
AMENDED IN SENATE MAY 19, 2009
INTRODUCED BY Senator Wiggins
(Principal coauthor: Assembly Member Huffman)
(Coauthor: Senator Wolk)
(Coauthors: Assembly Members Evans and Jones)
FEBRUARY 27, 2009
An act to add Section 5653.1 to the Fish and Game Code, relating
to dredging, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5653.1 is added to the Fish and Game Code, to
read:
5653.1. (a) The issuance of permits to operate vacuum or suction
dredge equipment is a project pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and permits may only be issued,
and vacuum or suction dredge mining may only occur as authorized by
any existing permit, if the department has caused to be prepared, and
certified the completion of, an environmental impact report for the
project pursuant to the court order and consent judgment entered in
the case of Karuk Tribe of California et al. v. California Department
of Fish and Game et al., Alameda County Superior Court Case No. RG
05211597.
(b) Notwithstanding Section 5653, the use of any vacuum or suction
dredge equipment in any river, stream, or lake of this state is
prohibited until the director certifies to the Secretary of State
that all of the following have occurred:
(1) The department has completed the environmental review of its
existing suction dredge mining regulations, as ordered by the court
in the case of Karuk Tribe of California et al. v. California
Department of Fish and Game et al., Alameda County Superior Court
Case No. RG 05211597.
(2) The department has transmitted for filing with the Secretary
of State pursuant to Section 11343 of the Government Code, a
certified copy of new regulations adopted, as necessary, pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(3) The new regulations described in paragraph (2) are operative.
(c) The Legislature finds and declares that this section, as added
during the 2009-10 Regular Session, applies solely to vacuum and
suction dredging activities conducted for instream mining purposes.This section does not expand or provide new authority for the
department to close or regulate suction dredging conducted for
regular maintenance of energy or water supply management
infrastructure, flood control, or navigational purposes governed by
other state or federal law.
(d) This section does not prohibit or restrict nonmotorized
recreational mining activities, including panning for gold. SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
The Legislature finds that suction or vacuum dredge mining results
in various adverse environmental impacts to protected fish species,
the water quality of this state, and the health of the people of this
state, and, in order to protect the environment and the people of
California pending the completion of a court-ordered environmental
review by the Department of Fish and Game and the operation of new
regulations, as necessary, it is necessary that this act take effect
immediately.
Now, how do you interpret these highlighted statements?
I see NO suction dredging, period.
Please correct me if I'm wrong.
You need to be a member of Goldprospectorsspace to add comments!
Ive been trying to contact Arnold, Sen Wiggens and the DFG on this matter . So far no response from any of them.. when I go to creeks or streams I use a 2 ft PVC pump to get good samples from the hard to get to spots..the way I read the Bill from Wiggens website ,, Itis now Illegal..Is this true ? you cant bring any kind of vacum sucking device to any lake ,stream or creek in California? Well that means Our former President Bill better not plan any late night walkswith Monica near any waterway in Calif while his wife is away in the Congo!! If anyone has info on the legality of using this style of gold sniping tube please let me know!! In the past I was told I didn't need dredging permit becouse of the size and the amount of material I was collecting.. they even checked my fishing permit (i usually take my pole with me when i pan ) they asked hows the fishing and if i had any color!! If anyone has had any contact with DFG on this matter please let me know.. thanks mike d ,,Bell Ca
Gold Seeker > michael w danielAugust 15, 2009 at 11:17am
Mike,
Chuck Pharis called and talked to Mark Stopher, who is in charge of conducting the EIR, and he stated that you could still use a hand held suction tube.
It is possible to run into an overzealous offical from DFG that will tell you "no you can't", but Chuck is contacting Mark to see if he would post this fact on the DFG website, as far as I understand this SB670 issue, the only thing you cannot do is dredge, all other activities you were doing before SB670 you can still do.
I posted Chuck's post from the GPAA forum on this forum... here is a link to my post...you can also contact Mark Stopher by his email that is in these posts.
andrew hall > Gold SeekerAugust 16, 2009 at 8:41pm
steelpan, found an interesting thread,prospectors cache forum,prospecting forum,topic#83065,dont have to register to view.might just fly if you had decent bench material 301 feet away from the creek,and good settling ponds.worth investigating.
Replies
Chuck Pharis called and talked to Mark Stopher, who is in charge of conducting the EIR, and he stated that you could still use a hand held suction tube.
It is possible to run into an overzealous offical from DFG that will tell you "no you can't", but Chuck is contacting Mark to see if he would post this fact on the DFG website, as far as I understand this SB670 issue, the only thing you cannot do is dredge, all other activities you were doing before SB670 you can still do.
I posted Chuck's post from the GPAA forum on this forum... here is a link to my post...you can also contact Mark Stopher by his email that is in these posts.
https://prospectors.ning.com/forum/topics/new-info-on-california-eir
And here is a link to his post on the GPAA forum...
http://www.goldprospectors.org/newforum/forum_posts.asp?TID=11702
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