Current status of suction dredge permitting

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Mark Stopher

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Mar 9, 2012, 4:26:41 PM3/9/12

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Interested Parties

I have been receiving numerous calls asking if Fish and Game suction dredge permits are now available, or when they will be. DFG is not selling suction dredge permits at this time, and cannot predict when that might occur. DFG is currently prohibited by statute from issuing suction dredge permits. (Fish & G. Code, § 5653.1, subd. (a).) The use of any vacuum or suction dredge equipment in any river, stream, or lake in California is also currently prohibited by statute through June 30, 2016. (Id., subd. (b).)

The following additional background information may be helpful. As amended with the enactment of AB 120 in July 2011, the existing moratorium on instream suction dredge mining could end earlier than June 30, 2016, if DFG certifies to the California Secretary of State that five specific conditions have occurred. Those conditions are currently detailed in Fish and Game Code section 5653.1, subdivision (b). I focus here on two of those conditions.

The first such condition involves certification that updated regulations adopted by DFG fully mitigate all identified significant impacts associated with authorized suction dredging. Of course, DFG has yet to adopt updated regulations. Likewise, importantly, the Final Subsequent Environmental Impact Report (FSEIR) for the proposed permitting program that DFG just released to the public does identify various significant and unavoidable impacts for purposes of the California Environmental Quality Act (CEQA). DFG expects to address this topic further later this month in CEQA findings which we are required to adopt prior to any final action.

The second such condition involves DFG certification that a fee structure is in place that will fully recover all costs to DFG related to the administration of it permitting program. As I emphasized in a number of previous email updates, the permitting fees DFG collects for its suction dredge permitting program are set by statute. (See Fish & G. Code, § 5653, subd. (c).) Any changes to the fee structure will require action by the California Legislature and related approval by the Governor. As of this time, DFG is not aware of any proposed legislation to address either the fee structure or any other aspect of the moratorium.

In short, DFG is currently prohibited by law from issuing suction dredge permits until either all of the above requirements are met, or July 1, 2016, whichever comes first.

More information is available at http://www.dfg.ca.gov/suctiondredge/.

Mark Stopher

Senior Policy Advisor
California Department of Fish and Game
601 Locust Street
Redding, CA 96001

voice 530.225.2275
fax 530.225.2391
cell 530.945.1344
msto...@dfg.ca.gov

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