We cant win anything without the support of thousands of individuals. Their cost is fairly minimal (probably around $50) but due to the unbelievable restrictions on the waterways, it is a short season and the costs just keep adding up. Are gravity knives considered automatic knives? (Stats. The good news is that Judge Ochoa awarded California suction dredgers ahugewin on January 12th 2015 by declaring Californias scheme of first passing a law that requires suction dredgers to obtain a permit, and then passing another law making permits unavailable, as an unlawful and un-enforceable interference with the intention of congress. See the Emergency Closures page before visiting a CDFW office, facility or property. Customer reviews verified as of. UPDATE AUGUST 2009: CA governor has approved new legislation banning all suction dredging within CA until a study is completed by the department of fish and game to determine if dredging is harmful to fish populations. support@americanminingrights.com According to the web page of the California Supreme Court, the case presents the following issue: Does the Mining Act of 1872 (30 U.S.C. We are pretty sure if you are like us, youre fed up with over-regulation, dishonest politicians, state agencies delaying their duties under the law and environmental groups having way too much say in what we are told are our fundamental rights as mining claim owners. Inspect for pickers or nuggets first, then carefully roll up the riffle matting or miner's moss and wash into the container at the end of . (Stats. As we pointed out in testimony at the Senate hearing on SB1222, panning is not, nor has it ever been a mining method. There is no restriction on the length of the knife's blade. Afraid of the legal repercussions to dredge for reclamation purposes? California Penal Code Section 17235 states that folding knives are legal in the state if they are in the folded position. The Rinehart litigation stems from a criminal prosecution for unlawful suction dredging in 2012. This is precisely what the CAWB scientists and those tasked with this project did. Wow just two comments here!! PO Box 467 The politicians understand one thingthey cannot continue to piss off their constituents (those in their districts) and get re-elected. Meanwhile, just in case you do not know, this new law only stops suction dredging within Californias active waterways. Other Statutory Considerations (PDF), Appendix A.. In his Decision, Judge Ochoa ruled that both the Moratorium and the 2012 suction dredge regulations are unconstitutional. 3.Mandating the development of a permit program and regulations that do not stand as an obstacle to the full purposes and objectives of the Federal mining laws. 641.) Let us know what is happening in your neck of the woods. It may not display this or other websites correctly. AMRA will be discussing this live all weekend at out outing near Groveland CA, its open to the public and its free. (People v. Rinehart, No. Regardless, Im not surprised in the least, and am definitely IN regarding the march/protest if given decent notice. Connor & Sargent, PLLC. Based upon the Courts Ruling and Order, on May 18, 2015, PLP filed a motion, along with The New 49ers, for an injunction against DF&W from: 1.Enforcing the provisions of the Fish & Wildlife Code prohibiting suction dredge mining in the rivers, streams, and waterways of California without a permit, and possessing a suction dredge near closed waterways; If mercury is being stirred by dredging, why has the government just given over a million dollars for mercury to the Sierra Fund (a super-liberal environmental group)? Was this politics? All Rights Reserved. Come on guys WOO0 WHO0! It would be close to impossible for them to back out of this without some severe exposure to a lawsuit.and bring one we would on your behalf. There are no seasons imposed upon the other types of surface mining activity. Initial Study and Notice of Preparation (PDF), Appendix E. Comparison of Suction Dredge Mining Regulations in the United States (PDF), Appendix F. Suction Dredge Survey and Summary of Results (PDF), Appendix G. Public Advisory Committee Meeting Summaries (PDF), Appendix H. Socioeconomic Report on Regulatory Amendments (PDF), Appendix I. Descriptions of Habitat Types Likely to Occur in or Adjacent to Proposed Program Activities (PDF), Appendix K. Detailed Life History Descriptions for, Appendix L. Species-Based Restrictions on Proposed Program Activities (PDF), Appendix M. Management of Invasive Species (PDF). By now you are also likely aware that SB637 was presented and passed by Hollywood Democrat Senator Ben Allen in 2015 and required the CAWB (California Water Board) to evaluate the science surrounding dredging and to either permit the activity, or explain why it should not be permitted. They would then hold public comment meetings for the public to provide their input, then move forward from there with the permits. PLP is preparing to release materials that the CA Water Quality Control Board and the CA Fish & Wildlife Service may not want you to know about. New state law governing the use of vacuum or suction dredge equipment, otherwise known as suction dredging, is now in effect, as of January 1, 2016. palmetto high school basketball tickets High bankers, water pumps, track wheel chairs, trucks and even sluice boxes. As the Court explained: the States extraordinary scheme of requiring permits and then refusing to issue them whether and/or being unable to issue permits for years, stands as an obstacle to the accomplishment of the full purposes and objectives of Congress under Granite Rock and a de facto ban.. This decision ensures that California`s water quality, fisheries, and cultural sites are protected from suction dredging and similar forms of mechanized recreational mining. Suction dredging uses machines to suck gravel and sand from streams and river bottoms in search of gold. The exact cost, although we believe it will be a few hundred dollars at most, not the $2,000 circulating on the internet. i am not saying anything is FACT!! PLP members who are renewing online and by mail will start receiving these new guide cards, along with our member card and orange challenge card. We pointed out that this morphing of language was illegal, immoral and adversely affected 10s of thousands of people. (a).) I have hope again thank you AMRA! Come to court in support if you can. Subscribe now to get the lates news and updates from PLP! Deep in the redwoods of the TRUE Northern CA, https://www.wildlife.ca.gov/Licensing/Suction-Dredge-Permits. This web page will be updated as resources allow should any significant developments occur regarding the use of motorized vacuum or suction dredge equipment in California, or CDFWs related regulatory authority. We are very pleased with the decision of the California Department of Fish and Wildlife to act quickly, said Leaf Hillman, director of natural resources for the Karuk tribe. That state and federal agencies ignore us, our voices and our rights should not surprise anyone by now. Their Board of Directors voted unanimously it is deminimus (no harm). What happened is the folks at the CAWB who are scientists and engineers pulled the raw data of all the studies over the past 20 years which were provided to them by WMA (Western Mining Alliance) and decided to see if dredging was in fact harming fish or fish habitat. At the same time, several prominent organizations and individuals opposed to resource development have spoken out against artisanal mining. I'm glad he isupstream from us because he's sent plenty of fine gold and flakes our way. A hearing on PLPs motion for the injunction will take place at 8:30 a.m., on June 23, 2015, or as soon thereafter as counsel may be heard, in the courtroom of the Honorable Gilbert G. Ochoa, Department S36J, located at 247 West Third Street, San Bernardino, CA 92415-0210. There is 23 1/2 million ibs. It should take no more than 3 or 4 weeks for the permit, but we are going to see if this can be sped up like the Ag permits farmers obtain routinely and rapidly. Under existing state law the California Department of Fish and Wildlife is also currently prohibited from issuing any permits for suction dredging in California under the Fish and Game Code. Code, 11340 et seq. For more information, visit, Subscribe To RGM Mining GroupMining claims for saleStore, Mining Claim Sales | (530)913-1563 | joshreinke@hotmail.com. yeap they've over interpreted the law. We either push back, and push back hard, speak out at the top of our lungs, without fear and with conviction or we move to oh thats right, there are no other countries like America. The language in that bill was so vague, anything mechanized or motorized which aids in the processing of material is deemed a suction dredge and therefore subject to fines and the equipment can be confiscated. How long will this take? License and Revenue Branch Public Lands for the People (PLP) and Reinke Mining Adventures & Services are gearing up to demonstrate how to legally repurpose your dredge. I suggested a 10,000 person march on the California Capital to secure our 1872 Mining Act rightsKevin Hoagland didn't think it was a good idea. They have an unlimited bank roll of money in your tax payer dollars to defend whatever actions they create against us. Firstly, we know you are as skeptical as we are, after all, weve been told things over the past 9 years (like rulings from courts and such) which give us hope, but it always ended up being the same BS, delays, denials and shutdowns The small mining community donated millions to go to court, Brandon Rinehart was dragged through many court battles and that too we all donated to. Be part of the winning team! Learn how a Suction Nozzle works on a Gold Dredge. General information regarding the ongoing litigation concerning suction dredging in California is available by case number at: www.courts.ca.gov. E064087.). This section and section 5653.1 do not apply to non-motorized recreational mining activities, including gold panning, prohibit or restrict them. Latest Dredging Legal News MAY 28th, 2015. Trimmable Sluice Box Matting. California Fish and Game Code section 5653.1, subdivision (b) has statutorily prohibited the use of vacuum or suction dredge equipment in the state since 2009. Key documents from CDFWs 2012 and 2014 environmental review and rulemaking efforts are available below, scrolling further down this webpage. Steel Pan Junior Member. Afraid to go back in the water? I was literally hours from selling it for $4000.00 and to abandon any hope of ever mining again.
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