2015 Dredging Season in California will be resolved Shortly

[KRIKITTS]

http://bb.bbboy.net/thenew49ers-viewthread?forum=2&thread=1364

Here is some news to bring you guys up to date on what has turned into a fast-moving series of events along the Klamath River in Northern California:

Suction dredgers have been arriving by the day to start the season. California wardens have harassed some of them, insisting upon enforcing California's moratorium on suction dredging, which has been struck down as illegal and unenforceable by the San Bernardino Court. The wardens are refusing to take any dredger into Siskiyou County Court for an immediate hearing on the matter.

Therefore, James Buchal has drafted a civil lawsuit to be filed in Siskiyou County on behalf of several dredgers who have been harassed by the wardens. The lawsuit only asks the judge to issue an Order restraining the wardens from enforcing the unlawful moratorium. Requests for Restraining Orders are only heard in Siskiyou county on Thursdays. So if all goes well, we could have our day in court next Thursday, 7 May.

In turn, the State has filed an objection with the San Bernardino Court on the grounds that these suction dredgers cannot file a lawsuit in Siskiyou County, because all dredging-related cases have been coordinated in San Bernardino. Therefore, there will be a hearing tomorrow (Thursday, 30 April)in San Bernardino to determine if these dredgers can file for relief in Siskiyou County where the conflict is taking place.

Here follows what James Buchal filed with the San Bernardino Court today. Note that the main moving documents for the planned Siskiyou County lawsuit follows as an exhibit:

http://www.goldgold.com/wp-content/...l-Response-to-States-Ex-Parte-App-4-29-15.pdf

As you can see, the fate of our fast-approaching 2015 dredging season in Siskiyou County is quickly coming to a head:

 

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[Hoser John]

Please kiddies drink the nice koolaid aaaa there you go sic sic sic Rinehart appeal in the Supreme Court is the only answer,the the 7 cases in SB and Ochoa will rule. ALL else just damages his chances of saving this dead industry as the past 6 1/2 seasons has proven. John

 

[AlienAmerican]

https://youtu.be/bP3e-A4nfSM

 

[Hoser John]

The judge has issued his marching orders to all litigants-9 dates/deadlines/hearings/trial May 18 2015-Jan 18 2016-that's right 2016........ count that 7 seasons now POOF- YAAAA " All or nuttn" hows that working for ya'all John

 

[Hoser John]

Fish and Wildlife fixed it already on the klamath when they took a BRAND new $10,000+++ 6" Dahlke and threw'm both in jail-yep come on up folks,we made our own rules. 7 or more busted already- mmmmmm that kool aid sure is good-John

 

[Doug Watson]

People are losing their equipment on the Klamath, but I don't see the leaders losing theirs.

 

[SpecJet]

Fish and Wildlife fixed it already on the klamath when they took a BRAND new $10,000+++ 6" Dahlke and threw'm both in jail-yep come on up folks,we made our own rules. 7 or more busted already- mmmmmm that kool aid sure is good-John

They impounded the entire dredge? I thought I had read that they were only taking the hose and nozzle as evidence.

 

[dredgeman]

Yes they impound the whole dredge and hold it until the judge releases it back to you. Usually after you go to court or get a lawyer to get it released.
In the Fresno area they impound everything. The lawyer argued that it could be used out of state and the judge let it be released with the stipulation that the dredge not be used in Calif at this time.
This case is about the sixth we have had here.

 

[NeoTokyo]

So why take it to court and win if the big bullies still get to have their way?

This is just sickening.

 

[diverrick]

Here's a few more to add to the list.

Dyton William Gilliland, 54, of Happy Camp, arrested for operating an unpermitted suction dredge, use of a five-inch suction nozzle and having no fuel containment system/insufficient containment system.

• Stephen Robert Jones, 43, of Happy Camp, arrested for possession of a suction dredge within 100 yards of closed waters.

Does anyone know what "The proper fuel containment" looks like? I would think that placing it in a plastic tub would suffice, as long as it was capable of containing the entire contents of the fuel can. And keep it a certain (unkown ) distance from the waters edge. But that being said, how could you fuel your dredge without removing the whole thing out of the water and dragging it to higher ground every time you needed to fuel? If that is so, then why don't boats and jet skis have to pull out of the water to fuel?

This whole thing is so stupid. Lefties have taken over and will not be happy until no one is allowed on the river but hikers. And they might get banned as well. You know, sensitive plants and all.
​

 

[russau]

and the California voters keep voteing them into office! until something changes , itl stay the same as it is!

 

[diverrick]

From what I am understanding the Courts ruled that the ban was illegal and set the dredge rules back to 1996 regulations. BUT, Permits were still required in 1996, so I think they are going to have a hard time proving they are right. The fuel containment is a gimme, Cannot get off the hook on that one I don't think. I know where I work, they are hell on proper fuel containment, but we are talking about 500- 2000 gallon fuel tanks, not a 2.5 or 5 gallon gas can. Seems a bit silly to me to require "proper containment" on something so small.

The only way to get the permits either reinstated or removed all together is by suing them in court. Sounds like PLP/ Brandon and Co. is planning on doing this now. DFW have deeper pockets, so they can afford to wait us out.

 

[Hoser John]

Actually I have my 2009 permit still sitting here by my desk,a theft of my cash for sure. Brandon ,enemies also,have submitted briefs to the Supreme Court. The 7 have their marching orders as stated above,9 of them for gods sake. Been using containment on all my dredges for over 20+ years and putting your gas in a bucket or panning tub is no bfd ever as standard procedure. Simply copy mounting holes on a 2" deep baking pan and drill and mount to dredge frame,goodwill/salvation army for a lousy $1 or so. Look ma no oil or fuel ever goes anywhere during oil changes or fueling. Over a million spent on insane lawsuits many many many and still more bs,now Water Board insanity.

 

[Goldwasher]

its '94 regs Rick there are no '96 regs. And even though an order has been signed there are no new laws set in the register so...the moratorium stands...regardless of Ochoas ruling. The settlement hearings Havn't finalized. Brandon's case hasn't been heard and it seems that getting yourself arrested won't fat track you to a judge.
I would not dredge in the open in any county that has a D.A. willing to prosecute. There are a few counties that seem to be dredge friendly and Siskiyou is not one of them.

Dredging in the open under protest is just going to hurt the cause
One thing people should accept is the fact that if Ochoas opinion changed the law then Buchal would not have filed for a temporary restraining order!!!!!!!!!!

 

[Oakview2]

Buchal did ask for a RO in Siskyou county and the state protested and has been transferred back to Ochoa and SB superior court.


From Dave Mack and the 49ers
San Bernardino Judge Ochoa today told our attorney, James Buchal, that he could not file for injunctive relief in Siskiyou County to prevent California Department of Wildlife (DFW) wardens from enforcing a suction dredge moratorium which Judge Ochoa decided is illegal, unconstitutional and unenforceable in a ruling several months ago. The judge says our motion for injunctive relief should be decided in his own courtroom. Here is a short update from our attorney:

http://www.goldgold.com/wp-content/uploads/2015/04/Memo-Suction-Dredging-Status-4-30-15.pdf

The attorneys involved in the San Bernardino litigation are now working out a hearing date. The problem is that our attorney has scheduled a trip abroad and will be absent for about three weeks beginning shortly after mid-May. While he is pushing for the hearing to take place before he departs, there is a chance the hearing will have to wait until mid-June.

We were hoping for injunctive relief as early as next week. Now we will have the wait a while longer.

The good news is that the hearing will be in front of Judge Ochoa who undoubtedly has more knowledge about California's suction dredging situation than any other judge in California; has already ruled that California's moratorium on suction dredging is an unlawful scheme to thwart the will of congress; and he suggested today that he is inclined to grant us the relief we are asking for -- but for due process purposes, would like to conduct a hearing on the matter with all parties present.

Therefore, the existing status quo has not changed. Prospectors believe Judge Ochoa's Ruling allows us the right to operate our dredges. DFW wardens warn that they will be out seizing dredging gear that is in violation of the unconstitutional moratorium. This situation is like something out of a science fiction story!

I am not a licensed attorney, so I cannot provide legal advice. All I can do is present my own opinion based upon my personal observations from following the chain of events: Since the State clearly does not want the "enforcement of an unlawful moratorium" issue in front of our local Superior court, my best guess is that the wardens will not issue criminal citations if dredgers refuse to sign them -- because that would trigger an arrest which I believe requires a hearing in front of a local judge within 48 hours. To date, my understanding is that the wardens have not issued a single citation to dredgers who made it clear they would not sign them.

If they issue a citation which the prospector is willing to sign, I seriously doubt the citation will ever be prosecuted, since the moratorium has already been found illegal.

So my own opinion is that the likelihood of criminal liability for operating a suction dredge in California is very low at the moment, even though the State authorities may come out and make it sound like you are in a lot of trouble.

However, at least until Judge Ochoa grants us the relief we are asking for (hopefully in June or before), chances are that the wardens will be seizing mining gear from dredgers out on the river when they find them/us. And it appears there is no due process available for us to make that stop.

If the relief we are requesting is granted, the court will order all seized equipment to be delivered back to the dredgers it was taken from.

So if I were personally going to operate a dredge while we wait for San Bernardino to act, and I might; I would choose a place that is out of sight. Even better, a place that is difficult to access. Even better, in a place where it would be difficult to seize equipment. On matters like this, each of us must make our own choices and live by the consequences.

If you intend to operate a suction dredge on properties controlled by The New 49'ers, please be mindful that we are already aggressively enforcing our own recently adopted Emergency Dredging Rules. Here they are:

» Please take notice of the following Emergency Rules that are effective immediately:

 

[KRIKITTS]

Actually I have my 2009 permit still sitting here by my desk,a theft of my cash for sure. Brandon ,enemies also,have submitted briefs to the Supreme Court. The 7 have their marching orders as stated above,9 of them for gods sake. Been using containment on all my dredges for over 20+ years and putting your gas in a bucket or panning tub is no bfd ever as standard procedure. Simply copy mounting holes on a 2" deep baking pan and drill and mount to dredge frame,goodwill/salvation army for a lousy $1 or so. Look ma no oil or fuel ever goes anywhere during oil changes or fueling. Over a million spent on insane lawsuits many many many and still more bs,now Water Board insanity.

B O H I C A

 

[57chevy]

If anyone is interested, this seems to be what the fascists appear to have planned for California. Yes I know, it is one hour and twenty-six minutes long. But every minute is well worth listening to.

 

[Goldwasher]

Buchal did ask for a RO in Siskyou county and the state protested and has been transferred back to Ochoa and SB superior court.


From Dave Mack and the 49ers
San Bernardino Judge Ochoa today told our attorney, James Buchal, that he could not file for injunctive relief in Siskiyou County to prevent California Department of Wildlife (DFW) wardens from enforcing a suction dredge moratorium which Judge Ochoa decided is illegal, unconstitutional and unenforceable in a ruling several months ago. The judge says our motion for injunctive relief should be decided in his own courtroom. Here is a short update from our attorney:

http://www.goldgold.com/wp-content/uploads/2015/04/Memo-Suction-Dredging-Status-4-30-15.pdf

The attorneys involved in the San Bernardino litigation are now working out a hearing date. The problem is that our attorney has scheduled a trip abroad and will be absent for about three weeks beginning shortly after mid-May. While he is pushing for the hearing to take place before he departs, there is a chance the hearing will have to wait until mid-June.

We were hoping for injunctive relief as early as next week. Now we will have the wait a while longer.

The good news is that the hearing will be in front of Judge Ochoa who undoubtedly has more knowledge about California's suction dredging situation than any other judge in California; has already ruled that California's moratorium on suction dredging is an unlawful scheme to thwart the will of congress; and he suggested today that he is inclined to grant us the relief we are asking for -- but for due process purposes, would like to conduct a hearing on the matter with all parties present.

Therefore, the existing status quo has not changed. Prospectors believe Judge Ochoa's Ruling allows us the right to operate our dredges. DFW wardens warn that they will be out seizing dredging gear that is in violation of the unconstitutional moratorium. This situation is like something out of a science fiction story!

I am not a licensed attorney, so I cannot provide legal advice. All I can do is present my own opinion based upon my personal observations from following the chain of events: Since the State clearly does not want the "enforcement of an unlawful moratorium" issue in front of our local Superior court, my best guess is that the wardens will not issue criminal citations if dredgers refuse to sign them -- because that would trigger an arrest which I believe requires a hearing in front of a local judge within 48 hours. To date, my understanding is that the wardens have not issued a single citation to dredgers who made it clear they would not sign them.

If they issue a citation which the prospector is willing to sign, I seriously doubt the citation will ever be prosecuted, since the moratorium has already been found illegal.

So my own opinion is that the likelihood of criminal liability for operating a suction dredge in California is very low at the moment, even though the State authorities may come out and make it sound like you are in a lot of trouble.

However, at least until Judge Ochoa grants us the relief we are asking for (hopefully in June or before), chances are that the wardens will be seizing mining gear from dredgers out on the river when they find them/us. And it appears there is no due process available for us to make that stop.

If the relief we are requesting is granted, the court will order all seized equipment to be delivered back to the dredgers it was taken from.

So if I were personally going to operate a dredge while we wait for San Bernardino to act, and I might; I would choose a place that is out of sight. Even better, a place that is difficult to access. Even better, in a place where it would be difficult to seize equipment. On matters like this, each of us must make our own choices and live by the consequences.

If you intend to operate a suction dredge on properties controlled by The New 49'ers, please be mindful that we are already aggressively enforcing our own recently adopted Emergency Dredging Rules. Here they are:

» Please take notice of the following Emergency Rules that are effective immediately:

I know that was the point. The new 49 eras cant just make up rules either. I'm not a Dave Mac. hater but, I don't like the fact hat a dredger would get arrested without him or a hi up club officer present....esecially when they say it's ok and heres the rules to go by!!!

 

[timberjack]

Im dissapointed that dave was not out there being the first to get arrested,,,a true leader leads by example "flollow me ",,,not ok, you do it and lets see what happens.........i have lost some of my respect for him...........i do realize the 49 ers have done a tremendous ammount to help small scale mining,,,,,,

 

[Oakview2]

They have a large amount of claims and it would be impossible to have a official of the company be with each individual dredger. I think that they should have been the first openly in the water if they in fact thought that they were not going to be challenged by Fish and Shame. It is going to be increasingly difficult for the state to expect its citizenery to follow the law, when they ignore the judges ruling. It would seem that the governor the legislature and the green lobby see themselves as the ruling class, and they think they can tromple over the masses. This is going to get a lot worse before it gets any better.....