Dear Subscriber,

July 18, 2007

 

We don’t make it a habit of bothering our readers, but a piece of legislation threatens to illegally halt suction dredging in California. It may be too late to do something about this if we don’t take action now.

 

Assembly Bill 1032 has already passed the California House of Representatives. The bill, introduced by Representative Lois Wolk, was actually written by CalTrout and the Karuk Tribe.

 

You may remember the Karuk Tribe. Twice they have sued the State of California, claiming suction gold dredging was causing harm to fish and their habitat. They lost both times because scientific studies have shown that the activity is insignificant. 

 

If enacted, the bill would give the Department of Fish and Game (DFG) the authority to close waters to suction gold dredging “when necessary to protect wild trout or other sensitive native aquatic or amphibian species.” A suction dredge permit would not be issued unless DFG can determine that suction dredging would not be deleterious to various species, which would make it nearly impossible to obtain such a permit.

 

Several knowledgeable miners and attorneys were scheduled to testify against this bill in front of the Senate Committee on Natural Resources and Water on July 10, 2007. Chairman Steinberg cut the number of speakers to two, and limited them to 2 minutes. It became obvious that the chairman and several committee members had already made up their minds and planned to pass the bill on to the Senate for a full vote.

 

Siskiyou County Supervisor Marcia Armstrong spoke of the economic hardships the bill would create on her county and other rural counties where gold dredging is prevalent. Attorney James Buchal, representing the New 49er’s prospecting club, addressed the fallacies of the bill before he was cut off by chairman Steinberg.

 

Jerry Hobbs, president of Public Lands for the People, was allowed to make a brief statement. Hobbs advised the committee that the bill is in conflict with federal law by prohibiting mining on a valid claim, which creates a mineral taking issue. He let them know that suction dredge mining is the only use of state waterways that provides mitigation by loosening compacted gravels, removing toxic and other heavy metals, and creating dissolved oxygen. He said he was trying to keep the state from getting sued, and advised them that a prudent man cannot address all the relevant issues in the limited time frame provided by the committee. Chairman Steinberg cut him off before he was allowed to finish.

 

The bill passed the committee on a party-line vote—the five Democrats voted for it and the three Republicans voted against it. Senator Hollingsworth contacted Hobbs in the hallway and suggested he provide Governor Schwarzenegger with a copy of his comments and concerns. Hobbs has since delivered a copy to the governor.

 

We here at the Journal sent our own letter to Governor Schwarzenegger, encouraging him to veto the bill if it arrives on his desk and avoid litigation that would be embarrassing and costly for California. A copy of our letter is attached. We are asking you to do the same.  

 

If this bill will negatively impact you as an individual, or your business, please encourage Governor Schwarzenegger to veto AB 1032. Out-of-state dredgers should also advise the governor if this bill would curtail plans to spend money on dredging trips within California.

 

Letters should be addressed to Governor Arnold Schwarzenegger, State Capitol Building, Sacramento, CA 95814.

 
Remember to include your name and address, and sign your letter.
A large number of these types of letters do not get counted because this information is not included!

Thank you for your support.

Sincerely,

Scott Harn
Editor
ICMJ’s Prospecting and Mining Journal