5/6/15 reposting new 49ers email dredging update:
In a surprising oral ruling on 30 April in San Bernardino,
Judge Ochoa instructed our attorney that we could not file
for injunctive relief in Siskiyou County to prevent California
Department of Wildlife (DFW) wardens from enforcing the
unconstitutional suction dredge moratorium. The judge instructed
that our motion for injunctive relief should be decided in his
own courtroom at 8:30 am on the 23rd of June. The good news is
that he also suggested that he is inclined to grant us the
relief we are asking for.
Therefore, the existing status quo has not changed. Prospectors
believe Judge Ochoa’s Ruling allows us the right to operate our
dredges. More dredgers are arriving in Happy Camp by the day to
begin the 2015 season. DFW wardens warn that they will be out
seizing dredging gear that is in violation of the unconstitutional
moratorium. And Judge Ochoa ruled that there will be no civil
remedy available for dredgers to stop the unlawful conduct of DFW
wardens for another 8 weeks or so.
But in a surprising turn of events on the first of May, California
Fish & Wildlife (DFW) wardens arrested two suction dredgers on the
Klamath River who had recently discovered a very substantial underwater gold deposit. The arrest was because they refused to
sign the citations they were being issued. The citations were written
for violating the unlawful moratorium and 2012 regulations, both which
have already been struck down by Judge Ochoa in San Bernardino County.
This case will allow our Siskiyou County Court to decide in early June
if wardens have any authority to enforce a moratorium that has already
been struck down as illegal.
This whole ever-evolving situation is like something out of a science
fiction story! You can read all about it in our video-enhanced free
May newsletter right here:
http://www.goldgold.com/newsletter-may-2015.html
For those of you who are not yet New 49'ers members, please
consider the special half-price offer on Associate Membership
that we are extending to our Internet subscribers:
http://www.goldgold.com/associatememberoffer
If you are new to our newsletter, you can read some recent
back issues here:
http://www.goldgold.com/whats-new
All the best,
Dave Mack
Musings on recreational gold mining issues and modern day gold prospecting equipment and techniques.
Friday, May 8, 2015
CA Dredging UPDATE
California Department of Fish and Wildlife Reminds the Public Suction Dredge Mining Remains Unlawful in California
May 5, 2015 - In 2009, California enacted a statutory moratorium on suction dredge mining throughout the state. The California Department of Fish and Wildlife (CDFW) reminds suction dredge miners the moratorium for use of motorized suction dredge equipment remains in effect. In addition, possession of any such equipment within 100 yards of any river stream or lake also remains unlawful.
Suction dredge mining is a method for vacuuming gravel from rivers, streams or lakes to sort through the sediment produced, usually through a sluice box, to recover gold or other precious metal.
Beginning in 2005 and thereafter with the moratorium taking effect in 2009, several lawsuits were filed to challenge the moratorium and the updated suction dredge regulation adopted by CDFW in 2012. Legal challenges to the regulations and the moratorium are in progress in both the San Bernardino County Superior Court and the California Supreme Court. Unless directed otherwise by the courts through a final order and consistent with CDFW obligations under the California Constitution, wildlife officers will continue to enforce the current prohibition on suction dredge mining in California.
Currently there is some misleading information provided on unofficial Internet websites suggesting the legal matters are resolved, the moratorium is no longer in effect, and miners may lawfully mine using motorized suction dredge equipment in California. This information is inaccurate. CDFW is concerned that this misinformation may lead some miners to return to operating suction dredges where they will be at risk of citation or arrest and possible forfeiture of their equipment.
When the legal procedures conclude, CDFW will notify the public of the final outcome and changes to the law, if any.
More information can be found at http://www.wildlife.ca.gov/Licensing/Suction-Dredge-Permits.
Suction dredge mining is a method for vacuuming gravel from rivers, streams or lakes to sort through the sediment produced, usually through a sluice box, to recover gold or other precious metal.
Beginning in 2005 and thereafter with the moratorium taking effect in 2009, several lawsuits were filed to challenge the moratorium and the updated suction dredge regulation adopted by CDFW in 2012. Legal challenges to the regulations and the moratorium are in progress in both the San Bernardino County Superior Court and the California Supreme Court. Unless directed otherwise by the courts through a final order and consistent with CDFW obligations under the California Constitution, wildlife officers will continue to enforce the current prohibition on suction dredge mining in California.
Currently there is some misleading information provided on unofficial Internet websites suggesting the legal matters are resolved, the moratorium is no longer in effect, and miners may lawfully mine using motorized suction dredge equipment in California. This information is inaccurate. CDFW is concerned that this misinformation may lead some miners to return to operating suction dredges where they will be at risk of citation or arrest and possible forfeiture of their equipment.
When the legal procedures conclude, CDFW will notify the public of the final outcome and changes to the law, if any.
More information can be found at http://www.wildlife.ca.gov/Licensing/Suction-Dredge-Permits.
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