I dont want to higjack the thread but GW provided a segway to the upcoming Public Workshops.
In preparing for the upcoming public workshops, I’ve been doing some research and came upon what I think is a discrepancy within the regulations depending on how you read it. Shocker, Right? Barry, GW, Ratled, and any others, please correct me if I am wrong on my research.
I was researching SB 637, Fish and Game Code, California Code of Regulations, Title 14, comparing their definitions of Suction Dredging. I have read SB 637 time and time again as well as the referenced sections of the Fish and Game Code and have the same interpretation as most here on the forum. It donned on me that there hasn’t been much discussion on the California Code of Regulations, Title 14.
637 references the language change to the Fish and Game Code section but not TiTle 14. Title 14, Section 228(a) currently states, “Suction Dredging: For the purposes of this Section and Section 228.5, the use of any vacuum or suction dredge equipment (i.e. suction dredging) is defined as the use of a suction system to vacuum material from a river, stream, or lake for the extraction of minerals. These regulations do not apply to, prohibit or restrict nonmotorized recreational mining activities, including panning for gold.” Now this definition does not mention the use of mechanized or motorized equipment with the exception of “nonmotorized” in the last sentence. 637 actually provides a little more clarity in it’s definition in my opinion.
Quoting from Wikipedia Re: California Code of Regulations, “Pursuant to certain broadly worded statutes, state agencies have promulgated an enormous body of regulations, which are codified in the California Code of Regulations (CCR) and carry the force of law to the extent they do not conflict with any statutes or the state or federal Constitutions. Pursuant to the California Administrative Procedure Act, a "Notice of Proposed Action" is published in the California Regulatory Notice Register (Notice Register) and at least 45 days are required for public hearings and comment before being reviewed and approved by the California Office of Administrative Law (OAL) and codified in the CCR.”
Also Quoting from Wikipedia Re: California Codes (i.e. F&G Code), Interpretation, “The Codes form an important part of California law. However, they must be read in combination with the federal and state constitutions, federal and state case law, and the California Code of Regulations, in order to understand how they are actually interpreted and enforced in court. The Civil Code is particularly difficult to understand since the Supreme Court of California has treated parts of it like a mere restatement of the common law. In contrast, other codes, such as the Probate Code and the Evidence Code, are considered to have fully displaced the common law, meaning that cases interpreting their provisions always try to give effect whenever possible to the Legislature's intent.”
Based on this information, shouldn’t Title 14 and F&G Code read the same? Is this a discrepancy or should I be looking at it as Title 14 is the law and F&G Code further defines Title 14. My whole premise is that we need one set of clear concise regulations with permitting controlled by one government entity, and therefore easily enforced by the LEO’s. Actually, we shouldn't need permits to dredge.