2015 CALIFORNIA dredging season is here

[ratled]

The New 49'ers

Dave Mack just posted this
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Anybody who has been paying attention is aware that on 12 January 2015, the San Bernardino Superior Court Ruled that both the Legislature's Moratorium against suction dredging, along with the Department of Fish & Wildlife's (DFW) recent adoption of dredge regulations in 2012, are illegal and not enforceable as a matter of law. Here is the court's Decision:

http://www.goldgold.com/wp-content/uploads/2015/01/113806-1-Ruling.pdf

Since that time, DFW has been acting as if the Superior Court never Ruled. They have been informing the public that they intend to continue enforcing the State's illegal Moratorium. This is quite clear on DFW's web page which was updated as recently as the 2nd of March. Check it out right here:

http://www.wildlife.ca.gov/Licensing/Suction-Dredge-Permits

At the same time, based upon the San Bernardino Ruling, suction dredgers statewide have been preparing for the upcoming mining season, which has already begun on those waterways which have historically been open to dredging year-round within all previous State regulations. Suction dredging is already taking place along the mid-Klamath River near Happy Camp!

New 49'er policy concerning suction dredging is that we will follow the San Bernardino Ruling and direct our legal resources to strenuously defend any member or supporter who is harassed or prosecuted by State authorities attempting to enforce regulations which have already been deemed illegal by the California court system.

We fully intend to have a productive 2015 suction dredge season on the Klamath River!

Because we believe this is all coming to a head very quickly, today our attorney served the following revised Proposed Order to the San Bernardino Court and all parties within the ongoing litigation. Our revised Proposed Order directs California to immediately begin issuing suction dredge permits pursuant to the previous regulations which were adopted in 1994; and during the meanwhile also Orders State authorities to not prosecute anyone who is operating within those regulations. All exhibits, including the Proposed Order, follow the document here:

http://www.goldgold.com/wp-content/...ent-support-amended-proposed-order-4-2-15.pdf

This is all coming to some kind of standoff! Please stay closely tuned and keep your fingers crossed for our side.

We will provide more information about how the situation develops on this forum and in our April newsletter.

 

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[TheGoldProspector]

The New 49'ers

Dave Mack just posted this
ratled



Anybody who has been paying attention is aware that on 12 January 2015, the San Bernardino Superior Court Ruled that both the Legislature's Moratorium against suction dredging, along with the Department of Fish & Wildlife's (DFW) recent adoption of dredge regulations in 2012, are illegal and not enforceable as a matter of law. Here is the court's Decision:

http://www.goldgold.com/wp-content/uploads/2015/01/113806-1-Ruling.pdf

Since that time, DFW has been acting as if the Superior Court never Ruled. They have been informing the public that they intend to continue enforcing the State's illegal Moratorium. This is quite clear on DFW's web page which was updated as recently as the 2nd of March. Check it out right here:

http://www.wildlife.ca.gov/Licensing/Suction-Dredge-Permits

At the same time, based upon the San Bernardino Ruling, suction dredgers statewide have been preparing for the upcoming mining season, which has already begun on those waterways which have historically been open to dredging year-round within all previous State regulations. Suction dredging is already taking place along the mid-Klamath River near Happy Camp!

New 49'er policy concerning suction dredging is that we will follow the San Bernardino Ruling and direct our legal resources to strenuously defend any member or supporter who is harassed or prosecuted by State authorities attempting to enforce regulations which have already been deemed illegal by the California court system.

We fully intend to have a productive 2015 suction dredge season on the Klamath River!

Because we believe this is all coming to a head very quickly, today our attorney served the following revised Proposed Order to the San Bernardino Court and all parties within the ongoing litigation. Our revised Proposed Order directs California to immediately begin issuing suction dredge permits pursuant to the previous regulations which were adopted in 1994; and during the meanwhile also Orders State authorities to not prosecute anyone who is operating within those regulations. All exhibits, including the Proposed Order, follow the document here:

http://www.goldgold.com/wp-content/uploads/2015/04/statement-support-amended-proposed-order-4-2-15.pdf

This is all coming to some kind of standoff! Please stay closely tuned and keep your fingers crossed for our side.

We will provide more information about how the situation develops on this forum and in our April newsletter.

Please keep me updated..rearing to get the dredge out on the water

 

[delnorter]

A friend of mine, Derek Eimer was confronted by two Ca, DFW Wardens today while dredging on the Klamath River. They told him he was breaking the law. When he showed them the San Bernardino Decision they appeared to not know anything of it. After reading the order they left with no arrest or even a citation.

Mike

 

[fowledup]

Which is it, wait or get wet? Last month we were asked not to jump the gun, this month it's dredging season! I really don't care which (that would be a lie) I just want to be as supportive as I can, but come on lets get on the same dang page. Besides I can't afford to keep buying new wetsuits in preperation, only to have them uh "shirink" before I get to use them.

 

[425jesse]

Which is it, wait or get wet? Last month we were asked not to jump the gun, this month it's dredging season! I really don't care which (that would be a lie) I just want to be as supportive as I can, but come on lets get on the same dang page. Besides I can't afford to keep buying new wetsuits in preperation, only to have them uh "shirink" before I get to use them.

My wetsuits keep shrinking too. Lol.

 

[BurntBear]

Courts say get wet. I don't see how DFW or anyone else can do anything that won't be thrown out.

 

[yodi]

Get it while you can even with this ruling all sportsmen and prospectors are living on borrowed time in California. Sadly there are so many ignorant greeny's In your state that wont be happy until every thing we love is taken from us!

 

[russau]

I keep updated by getting their newsletter by email. I just read their news letter this morning! GENTALMEN................ START YOUR ENGINES!!!!!!!!!!!!! BUT that's EZ for me to say, im in Misery!

 

[goldog]

I believe The New 49ers have been consistent in what they're saying. Follow the previous regs. The old ('94) rules has seasons for each area. Those dates are coming upon us.

Other orgs have said wait and probably still do. Depending where you're at you'll have to decide for yourself.

Seems like a good idea to carry some documentation. Copy of the ruling, permit denial, '94 regs, US Constitution etc...

Don't do anything stupid. Areas restricted before are still. Size limits still apply. Good practices in handling gas are always a good thing.

And always play nice with other river users (rafters).

 

[Bluestar9]

..........Seems like a good idea to carry some documentation. Copy of the ruling, permit denial, '94 regs, US Constitution etc...

Don't do anything stupid. Areas restricted before are still. Size limits still apply. Good practices in handling gas are always a good thing.

And always play nice with other river users (rafters).

Always a good idea to have your Bag O' Law with you. It helps to put the black & white in their eyes instead of just quoting "law" to them. Jefferson Mining District - Mining in Oregon - South West Oregon Mining Association

 

[MadJack_ME]

What is Brandon doing? Dredging or waiting?

 

[Hoser John]

He's headed to the Supreme Court .....one smart young man-respect-John

 

[Goldwasher]

What is Brandon doing? Dredging or waiting?

I'll be seeing him Friday, Saturday, and Sunday. You bet I have some questions for him....too bad I probably can't talk about the answers....Glad I'll get the chance to talk to him in person at least.

 

[Goldwasher]

I do want the guy to have a good weekend at least. He deserves it. We'll have to save questions for the 12 person panel interview, scheduled for when the band takes a break

 

[IDdesertman]

A friend of mine, Derek Eimer was confronted by two Ca, DFW Wardens today while dredging on the Klamath River. They told him he was breaking the law. When he showed them the San Bernardino Decision they appeared to not know anything of it. After reading the order they left with no arrest or even a citation.

Mike

Glad to hear that they moved on without incident... but it is truly amazing that 2 DFW wardens would be oblivious to the recent decision.. Frustrating that a guy has to "prove innocence", but I guess that's just the way it is now.

 

[rodoconnor]

Glad to hear that they moved on without incident... but it is truly amazing that 2 DFW wardens would be oblivious to the recent decision.. Frustrating that a guy has to "prove innocence", but I guess that's just the way it is now.

Just running a big ol B.S. bluff. They know. They will find that everyone will call their bluff . Then what? Have you heard any more about our situation here in Idaho ? Rod

 

[Hoser John]

Yes in Idaho you have miners with the guts to band together ,put in dredges,tell'm to go f themselves,and spend a summer in unity and defiance to EPA insanity. NOT in kalif,just internet warriors and a half dozen or so real miners who have stood up and put it ALL ON THE LINE on the trinity for months with 4-8"-10" dredges in the waters of the trinity and plenty of media coverage on radio,tv ,and papers. The media came and the miners stayed home hiding in their closets-KUDOS to Idaho where a miner IS a real miner-John

 

[fowledup]

This is what I'm talking about John- you were one of the ones telling us all to wait as many behind closed door happenings going on, all will be revealed soon, don't F'up 7years............etc. etc.... I bit, followed suit and did as requested and said the same thing. Still waiting...............
Now because we towed the party line as requested by those of you "in the know" were all spineless Calif. internet warriors? WTF? No wonder we can't get anywhere!

 

[chupacabra]

unreal, we're not spineless john, people have to look out for there personal lives, most people are law abiding that doesnt make them spineless. The guy who got busted with me dredging a few years ago could have lost his job over a lousy citation, misdemeanor, pour guy listened to me and dredged, right out in the open LOL my idea ( stupid), actually he wasnt even dredging he was panning down stream, the DFG warden gave him a citation because he was in a wet suit of all things.
We've been dredging the last few years except for 2 years ago my dredged burned in forest fire after being in the water a short few weeks, we dredged last year and we'll dredge this year and I will be carrying the ochoa ruling with me, whether it works we'll see im not hiding as hard as we did last year, it was a $itch climbing 400 feet down and then up a hill at the end of the day though the area needed sampling, not going back down there again. Media SHMEDIA, thats a small part of this game, we've got to fight a bigger fight then that, its gonna have to get way deep, getting some mining districts back so we can have a say, getting some REPUBLICAN power back in control would be a big help and some politicians actually fighting for us and oh yeah, some judges on our side, theres no telling yet whats going to happen, and the past dont always dictate the future sorry not buying that one incase it comes up.

Hang in there everyone.

 

[delnorter]

This is the latest information from Rich Krimm, internal affairs director of the New49ers on Derek Eimer's confrontation with Ca. Fish and Wildlife wardens.

"Last Friday, one of our members, Derek Eimer was confronted by two Fish and Wildlife wardens because he was dredging in the Klamath River. The wardens asked Derek if he was aware that he was in violation of the Fish and Wildlife Code, and Derek responded by handing them a copy of Judge Ochoa's ruling that explains how section 5653 is not enforceable in its present form.

The wardens subsequently confiscated Derek's nozzle and hose, and explained that a report would be written and forwarded to the local District Attorney's Office for a possible complaint. Derek informed the wardens that he would return on following days and the wardens explained they would also return to confiscate his equipment and send reports in for more complaints.

Derek Eimer is a member who makes a living at mining. He has made big discoveries in the past, and must continue his sampling programs to make more valuable discoveries. Derek made a very personal decision, and it takes a very strong man with personal convictions to do exactly what he did.

Will Fish and Wildlife take your gear? Most likely."