California Dredging Moratorium
At least two out-of-state hand dredge competitors have recently added either a quote from an official source, some statement of compliance or other self proposed opinion as to whether suction hand dredges are legal to use in California due to the temporary moratorium on dredging permits that was enacted a while back.
I agree with the basic premise expressed by any statement that hand dredges are still legal in California waterways. There is nothing in either the original dredging permit requirements or within the recently imposed moratorium wording that specifically states that hand operated prospecting equipment is not legal for use – suction or otherwise.
The temporary moratorium was placed on new permits for the use of gasoline powered suction dredging equipment while leaving hand-operated equipment legal for use.
Unfortunately, however, enforcement is still left up to the local ranger(s) that patrol the area that you might be prospecting to judge or determine what is going to be allowed for use when it comes to equipment type.
I beleive it is most prudent and more responsible to not try and determine if any equipment is legal for use as I am not a lawyer (and I suspect neither are you).
Individual rangers could possibly give you a problem – or worse - a ticket and/or potentially confiscate your equipment leaving you holding the bag and a fine to fight in court.
The best action anyone of us can take is to contact the supervising ranger station in charge of the land we wish to prospect and ask first about using the hand dredge or suction equipment we plan to use. If the supervising ranger’s office agrees with you that it is OK for use (and they should – provided it is not state park land) then request a signed and dated statement from the supervisor that will be suitable for presentation to any overzealous, uninformed individual ranger that you might encounter.
UPDATE!!! 8/24/10
The following was sent to me today from one of my customers. I have removed his last name for privacy purposes. He kindly provided the following emails for me to post as a prime example of what I have stated above.
Dennis:
In lieu of the CA SB670 Law I decided to seek clarification in the use of a “Hand Operated Dredge” from Mark Stopher who is in charge of the EIR that SB670 calls for. Here is a forwarded email along with his response. I thought you might be able to use this on your web site……… Disclaimer….. I am not a Lawyer so this is not legal advice !!!!
Thanks
Mark
August 21, 2010
Dear Mr Stopher:
I am writing to you for clarification to see if the operation of what I
will call a “Hand Powered Dredge” attached to a sluice box and
placed in a waterway would constitute a violation of SB670.
A “Hand Powered Dredge” for the purposes in this letter is simply a
hand powered piston pump with a check valve that allows water along with
other gold bearing river bottom gravels to sucked into the pump and be
diverted into a hose which would then be attached to a sluice box or
other concentrating device and placed in a waterway. Please refer to
the following photograph #1 for clarification.
Should your response conclude that the operation the above described
equipment in a waterway would be in violation of SB670. Then I would
like to ask that if the effluent from the above pump and hose were first
collected into a bucket and then transported to a sluice or other
concentrating device would that be in violation of SB670. Please refer
to Photo #2 for clarification.
It is my intention to carry your letter of clarification with me in the
field in order to assist any law enforcement officers with clarification
into this matter. Please respond via e-mail.
Respectfully
Mark
Rewood City CA 94062
On Tue, 8/24/10, Mark Stopher wrote:
From: Mark Stopher
Subject: Re: Hand Powered Dredges
To: “Mark xxxx”
Date: Tuesday, August 24, 2010, 11:33 AM
Mark
It is DFG’s view that operation of your hand powered dredge is not a
violation of SB 670. Although you propose to operate it in a live
stream, and it does rely on a vacuum to remove material from the bed of
the stream, Fish and Game Code section 5653.1(d) states ” This section
does not prohibit or restrict nonmotorized recreational mining
activities, including panning for gold”.
While a portion of the Code arguably applies to your proposed actions,
the quoted subsection provides an exception for nonmotorized dredging.
Mark Stopher
Environmental Program Manager
California Department of Fish and Game
601 Locust Street
Redding, CA 96001
voice 530.225.2275
fax 530.225.2391
cell 530.945.1344
BE Safe – BE Smart – BE Proactive!