SUCTION DREDGE LAWS UNDER REVIEW

[Hoser John]

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 1005 ILLEGAL-email sent already to demand hearings-John

 

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[dredgeman]

I have already sent in multiple responses since the 45 day period started. I think even with the meetings,just like last time, the dfg will push it thru with all the lies intact

 

[Hoser John]

Pacific Legal Foundation is now in the dredging law fight and THEY are,and have always been, our 1 and only hope-John

 

[Bejay]

Idaho dredgers taking a stand:



Per a miner/organizer

WE ALREADY HAVE ABOUT 100 CONFIRMED THEY ARE COMING. BUT I DON'T GET TO HAVE CONTACT WITH EVERYONE UNFORTUNATELY! I.E. 2 FROM INDIANA 2 FROM NORTH DAKOTA 8 FROM AZ 2 FROM TX 20 FROM WA & 8 FROM OR... AND THE REST JUST FROM AROUND BOISE.
AND WE DO HAVE A DONATION PAGE SET UP FOR BATHROOM COSTS AND TRASH SERVICES: PLEASE LET EVERYONE KNOW THAT ANYTHING HELPS AND IF THEY DONATE OVER $25, WE WILL SEND THEM An event T-SHIRT. HERE IS THE PAGE: https://www.facebook.com/pages/Oc......5254220?ref=hl

Most of us who were on the SF Payette and BOISE river last year are actually going back there after this event is over. And we aren't getting the EPA permit either. That is the purpose of the protest. It isn't just for the week, it is for the season. The week is just to be able to gather bodies to show the governor, the legislation, and all the nay sayers that this can and will happen on opening day (6/30); while being a success.

EPA CAN'T ENFORCE A FEDERAL RULE, especially if they don't have the staff to do it. Last year they said they don't have the staff to corner everyone and if no one gets an EPA permit, then they don't know where to go looking for people.

See in my opinion, I believe that those stupid papers are death traps. They ask you where, when, why and how... Why?? Just so it is easier on them to find you and harass you?? I don't buy their permit and I've been through the courts before, and I'll do it again! I AM FIGHTING MAD! AND I REFUSE TO BE A SHEEP! LET THEM COME FIND ME ON THEIR OWN, AND THEN WE WILL SEE WHAT HAPPENS.

My point is come and bring your friends and enjoy a PEACEFUL, CIVIL, FUN AND FAMILY oriented demonstration and prove that Americans are still willing to stand up for our rights. We have to in order to leave a future for our children.

 

[Hefty1]

NOTICE OF PUBLIC HEARING
[FONT=Calibri,Calibri][FONT=Calibri,Calibri]Amend Subdivision (a) of Section 228
Title 14, California Code of Regulations (CCR)
Re: Suction Dredging
In response to requests from interested and affected parties, the Department of Fish and Wildlife (Department) has scheduled a public hearing to receive comments on its proposal to amend the regulatory definition of suction dredging in the California Code of Regulations, Title 14, Section 228, subdivision (a). The Department will hold a public hearing meeting on the following date and location:
Thursday, June 5, 2014
3:00 p.m. to 5:00 p.m.
Resources Building Auditorium
1416 9[/FONT][/FONT][FONT=Calibri,Calibri][FONT=Calibri,Calibri]th [/FONT][/FONT][FONT=Calibri,Calibri][FONT=Calibri,Calibri]Street, 1[/FONT][/FONT][FONT=Calibri,Calibri][FONT=Calibri,Calibri]st [/FONT][/FONT][FONT=Calibri,Calibri][FONT=Calibri,Calibri]Floor
Sacramento, California 95814.
The Resources Building Auditorium is wheelchair accessible. At the public hearing, any person may present statements or arguments orally or in writing relevant to the proposed amendment described in the Notice of Proposed Regulatory Action (Notice File No. Z-2014-0415-23). 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.
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 no 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 9[/FONT][/FONT][FONT=Calibri,Calibri][FONT=Calibri,Calibri]th [/FONT][/FONT][FONT=Calibri,Calibri][FONT=Calibri,Calibri]Street, 12[/FONT][/FONT][FONT=Calibri,Calibri][FONT=Calibri,Calibri]th [/FONT][/FONT][FONT=Calibri,Calibri][FONT=Calibri,Calibri]Floor
Sacramento, CA 95814
Fax: (916) 653-2588
E-mail: [email protected]
[/FONT][/FONT]

 

[Armchair prospector]

As much as I think the Pacific legal foundation may be our hope, I do believe there should be an ad campaign to do a 30 or 60 second spot to promote gold dredging in all the big markets. Checked with CBS 13 in Sac. $500 for a 30 second spot, $1000 for a 60. Would run Monday through Friday, 6 pm for the rest of the second quarter. There has to be more pressure to these rulings than just lawyers. You have 3 stations in Sac., in the bay area, LA. and San Diego and Redding. All the biggest markets combined I would say total between $12,000 to $15,000. There are no guarantees and I don't have all the answers, but if the word doesn't get out, neither do we. 3,600 dredgers at $30 to $50 each or less if more are interested. Dredge season would start in 2 weeks.

 

[BrassEagle]

Any one own a buss are two. Fill up the buses with gold miners, Call the tv stations so they can be there when we show up at the meeting in sacto. on June 5th.

 

[Fullpan]

Any one own a buss are two. Fill up the buses with gold miners, Call the tv stations so they can be there when we show up at the meeting in sacto. on June 5th.

I'll pay gas money for the first 2 carloads of miners at the meeting. Just show me a pic of you and your buddies at the meeting, and a sac. gas receipt. I'm
serious - pm me.

 

[timberjack]

Driving from n.h. would be pricey! I will email a writen statement.

 

[Armchair prospector]

How many here run a business, and advertise?. How do you get clients, customers to see your product, service? Newspaper, radio, television? We are a small group that most don't even know that a dredge ban is in place. If TV stations were to show up at this meeting it would be a story for one days reporting. Many would miss it for one reason or another. This has to be done everyday as I said until the end of the quarter, till June 30. It has to be hammered. The reason for TV is most watch and see. They may not notice or see it right away, but an ad 5 nights a week will eventually be seen. If dredging is really worth saving, then it's time to throw in the kitchen sink.
I do know one thing running my own plumbing business, how much you advertise depends on how many calls I get. The bigger the better, if you are reputable. You don't advertise, you're out of business in quick order. You tube video can be helpful as well. If there are any out there that have experience in video production or know of someone that can do this We still have time!

 

[Armchair prospector]

I may decide to put my money where my mouth is. I've contacted CBS 13. Have not heard back from the other stations. I may be willing to put up my own money to do this in Sacramento. I may need some of you who actually made a living dredging on your own claims, as you would be the front and center of this ad. Would get a copy to distribute to all to get input on the content. I'm in contact with a friend of mine who runs his own business, Goodwin and Cole that is currently advertising on the fox station in Sacramento to find out how it is done.