SUCTION DREDGE LAWS UNDER REVIEW

Hoser John

Gold Member
Mar 22, 2003
5,854
6,721
Redding,Calif.
Primary Interest:
All Treasure Hunting
To ALL miners:

The California Department of Fish and Wildlife is trying to make permanent an emergency definition of suction dredging. The definition is set to return to the old definition in June of 2014. In order for the Department to make this definition which greatly restricts suction dredging to become permanent is to have a public review period.

They failed to do it properly earlier this year and they stated:

With the emergency definition set to expire in June 2014, on February 14, 2014, CDFW provided public notice and initiated action under the APA to adopt the existing emergency definition through regular noticed rulemaking. (See generally Gov. Code, § 11346 et seq.; Cal. Reg. Notice Register 2014, No. 7-Z, pp. 285-288; OAL Notice File No. Z-2014-0204-05.) Due to a notice oversight, however, CDFW has decided to renotice the action, beginning anew the APA effort to adopt the emergency definition of suction dredging through regular noticed rulemaking. That renoticed effort and a related 45-day public comment period began April 25, 2014. (Cal. Reg. Notice Register 2014, No. 17-Z, pp. 724-728; OAL Notice File No. Z-2014-0415-23.)
Documents prepared by CDFW as part of the April and February 2014 regular noticed rulemaking, along with documents prepared by CDFW for the June 2013 emergency action and two related readoptions in December 2013 and March 2014, respectively, follow below.
See the link above to read more details.

This is what is going on:

TITLE 14. DEPARTMENT OF FISH AND WILDLIFE
[Notice published April 25, 2014]

NOTICE OF PROPOSED RULEMAKING


NOTICE IS HEREBY GIVEN that the Department of Fish and Wildlife (CDFW or
Department) proposes to adopt the regulations described below after considering all
comments, objections, and recommendations regarding the proposed action. The
Department invites interested persons to present statements or arguments with respect
to alternatives to the regulations at the scheduled hearing or during the written comment
period.

PUBLIC HEARING

A public hearing has not been scheduled at this time. The Department will hold a public
hearing if it receives a written request for a hearing no later than 15 days prior to the
close of the written comment period. Hearing requests should be directed to Ms. Helen
Birss at the address below. At the public hearing, any person may present statements
or arguments orally or in writing relevant to the proposed action described in the
Informative Digest. The Department requests, but does not require, that the persons
who make oral comments at the hearing also submit a written copy of their testimony at
the hearing.

WRITTEN COMMENT PERIOD

Any interested person, or his or her authorized representative, may submit written
comments relevant to the proposed regulatory action to the Department. All written
comments must be received by the Department at the office below not later than 5:00
p.m. on June 9, 2014. All written comments must include the true name and mailing
address of the commenter. When submitting comments, please indicate whether you
agree to accept subsequent notices for this rulemaking electronically.

Written comments may be submitted by mail, fax, or e-mail as follows:
California Department of Fish and Wildlife
Helen Birss, Branch Chief
Habitat Conservation Planning Branch
1416 9th
Street,
Sacramento, CA 95814
Fax: (916) 653-2588
E-mail: [email protected]

https://nrm.dfg.ca.g...=81142&inline=1


Comments, objections, hearings and action is needed by all interested mining parties.

Earlier today a hearing was held in San Bernardino County and the judge did not make a ruling. Someone of legal mind and mining regulation knowledge should organize us to respond to the CDFW.

Please let everyone know.
THIS IS THE ABSOLUTE MOST IMPORTANT ISSUE AS THE LAW ITSELF IS 100% ILLEGAL-email sent already to demand hearings-John
 

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dredgeman

Sr. Member
Feb 14, 2013
340
249
Primary Interest:
All Treasure Hunting
multiple responses sent since the 45 day window started at the end of April. In their document the dfg said they will have meetings if requested.

wth the dfg has been slightly changing the definitions every three months. Now it is so vague that the hand suckers will be officially illegal also.
 

2cmorau

Bronze Member
Nov 8, 2010
1,608
1,294
Camptonville, CA
Detector(s) used
GMT&GM3 Whites MXT Pro, Shadow X5, Fisher 1280, OMG and the TDI
Primary Interest:
Prospecting
this is so out of hand, thanks hoser
 

Hefty1

Bronze Member
Dec 5, 2010
1,702
1,477
[h=1]The General Mining Act of 1872[/h][h=5]Commonly known as: The 1872 Mining Law – Full Text[/h]
An Act to promote the Development of the mining Resources of The United States.

Simple words underlined.


promote
vb (tr)
1. to further or encourage the progress or existence of


de·vel·op·ment
n.
1. The act of developing.
2. The state of being developed.
3. A significant event, occurrence, or change.
4. Determination of the best techniques for applying a new device or process to production of goods or services.



re·source
a. resources The total means available for economic and political development, such as mineral wealth, labor force, and armaments.
b. resources The total means available to a company for increasing production or profit, including plant, labor, and raw material; assets.
c. Such means considered individually


Start with the 1866 Act and the 1872 Act. Keep them as a reference when you are reading or discussing mining law. When a term (word) is used, such as operation or disturbance, look at those acts to see if those terms are used there. If there is no such term used in the Mining Acts then those terms are not a part of the Mineral Estate Grant and do not apply to that grant.



This whole dredging BS IMHO is in violation of the 1872 Mining Act!
 

dieselram94

Gold Member
Jun 17, 2011
9,174
6,675
Mid Coast Maine
Detector(s) used
Xterra 705, Tesoro Sand Shark, Garrett Pro Pointer (mine). Fisher F2 my son's
Primary Interest:
Beach & Shallow Water Hunting
Will send hearing demand when I get to my laptop. Thanks for the heads up!

sent from a potato...
 

fowledup

Silver Member
Jul 21, 2013
2,757
5,162
Northern California
Detector(s) used
Whites GMT V/SAT
Primary Interest:
Prospecting
"THEY WOULDN'T DO THAT!"
"IT'LL NEVER HAPPEN, DOESN'T MAKE ANY SENSE!"
"THEY'LL NEVER DO THAT, WE GOT LAWS THAT PROTECT US!"
"THEY CAN'T DO THAT WE GOT RIGHTS!"

"HEY WHAT HAPPENED?
"HOW'D THEY DO THAT!"
"WHY DIDN'T SOMEONE DO SOMETHING?"
"OH WELL I GUESS IT COULD BE WORSE!"
"GRUMPY OLD DOOMSAYERS ANYWAY!"
...................SHEEPLE MAKE ME SICK! KEEP WHINING AND DOING NOTHING FOLKS, AND MINING WILL BE THE LEAST OF YOUR CONCERNS! "FEAR NOT WAL-MART, THE INTERNET AND DIRECT TV AIN'T GOING ANYWHERE!,,,,,,,,,,,,,OH AND MAYBE CITY PARK PANNING IF WE GET LUCKY, GOTTA MAKE SURE WE OBSERVE AND PRESERVE THOSE OLD MINING LAWS!"
 

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ncclaymaker

Sr. Member
Aug 26, 2011
370
315
Champlain, NY on the Canadian border.
Detector(s) used
Minelab 1000, A Motorized Power Glider Trike, 17 foot travel trailer behind my Jeep. 4" suction dredge/high banker.
Primary Interest:
Prospecting
I think that some people may be looking at this from the wrong angle... please, always follow the money trail. Someone, somewhere is about to cash a BIG check at the public expense. Check the individuals that are FOR this set of rules and try to connect the dots with those in office. Regardless, whether they are Republicans or Democrats. All politicians smell money like sharks smell blood. Unfortunately, our Supreme Court made it possible for PAC's to have a firewall, making it possible for them to NOT have to reveal donors. I hope that their donors can be traced to the folks in power that are abusing us all. In the meantime, try not to get californicated to badly.
 

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