If you are mining the rivers and creeks in California you should pay attention to this bill

Nick


SENATE BILL No. 670
Introduced by Senator Wiggins
February 27, 2009
An act to add Section 5653.1 to the Fish and Game Code, relating to
dredging, and declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
SB 670, as introduced, Wiggins. Vacuum or suction dredge
equipment.
Existing law prohibits the use of any vacuum or suction dredge
equipment by any person in any river, stream, or lake of this state
without a permit issued by the Department of Fish and Game. Under
existing law, it is unlawful to possess a vacuum or suction dredge in
areas, or in or within 100 yards of waters, that are closed to the use of
vacuum or suction dredges. A violation of the permit requirement is a
misdemeanor. The department is authorized to close areas otherwise
open for dredging and for which permits have been issued if there is an
unanticipated water level change and the department determines that
closure is necessary to protect fish and wildlife resources. Existing law
requires the department to adopt regulations to implement certain of
the vacuum or suction dredge equipment requirements and authorizes
the department to issue regulations with respect to other requirements.
Existing law requires that the regulations be adopted in accordance with
the requirements of the California Environmental Quality Act (CEQA).
CEQA requires a lead agency, as defined, to prepare, or cause to be
prepared by contract, and certify the completion of, an environmental
impact report on a project, as defined, that it proposes to carry out or
approve that may have a significant effect on the environment, or to
adopt a negative declaration if it finds that the project will not have that
effect. The act exempts from its provisions, among other things, certain
types of ministerial projects proposed to be carried out or approved by
public agencies, and emergency repairs to public service facilities
necessary to maintain service.
This bill would prohibit the use of any vacuum or suction dredge
equipment in any river, stream, or lake until the director of the
department certifies to the Secretary of State that (1) the department
has completed an environmental review of its existing vacuum or suction
dredge equipment regulations as ordered by the court in a specified
court action, (2) the department has transmitted for filing with the
Secretary of State a certified copy of new regulations, and (3) the new
regulations are operative.
This bill would declare that it is to take effect immediately as an
urgency statute.

Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:


SECTION 1. Section 5653.1 is added to the Fish and Game
Code, to read:

5653.1. (a) (1) The program of the department governing the
issuance of permits to operate vacuum or suction dredge equipment
is a project pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public
Resources Code) and may proceed only if the department has
caused to be prepared, and certified the completion of, a
programatic environmental impact report on the project.
(2) The issuance of permits pursuant to Section 5630 is not a
ministerial act pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code), and permits shall not be issued by the department
pursuant to the program when a subsequent or supplemental
environmental impact report is required to be prepared and certified
pursuant to Section 21166 of the Public Resources Code.
(3) This subdivision does not constitute a change in, but is
declaratory of, existing law.
(b) Notwithstanding Section 5653, the use of any vacuum or
suction dredge equipment in any river, stream, or lake of this state
is prohibited until the director certifies to the Secretary of State
that all of the following have occurred:

SB 670 — 2 —

(1) The department has completed the environmental review of
its existing suction dredge mining regulations, as ordered by the
court in the case of Karuk Tribe of California et al. v. California
Department of Fish and Game et al., Alameda County Superior
Court Case No. RG 05211597.
(2) The department has transmitted for filing with the Secretary
of State pursuant to Section 11343 of the Government Code, a
certified copy of the new regulations adopted pursuant to Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code, whichever occurs first.
(3) The new regulations are operative.
SEC. 2. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
The Department of Fish and Game is issuing permits for the
operation of vacuum or suction dredging equipment in violation
of a court order and the California Environmental Quality Act and
threatens water quality and at-risk fish and other species.

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