A gold miner seeking an
application and permit for suction dredge mining discovered that the Department of Fish
and Game (DFG) had issued new regulations in late November. Basically, the new regulations
allow only a short two month window for dredging from July to September for the Scott and Klamath
Rivers, prohibit mining in “refugias” and on almost every other tributary,
including the Salmon River. These new regulations were made without any notice, public
input, scientific or socio-economic impact analysis under the California Environmental
Quality Act (CEQA.)
Earlier in the year, the Karuk tribe failed in their efforts to shut
down mining in a suit against the Klamath National Forest on the bais of alleged
violations of the Endangered Species and Clean Water Acts. Apparently, the tribe had also
brought suit against the DFG in Alameda Superior Court alleging violations of CEQA and
failure to protect coho salmon, lamprey and green sturgeon. The DFG regulations were
issued as part of a settlement agreement as result of the lawsuit.
This is historic gold country. Gold is woven indelibly into local
history. Mining claims are valuable private property and a portion of our local economy
depends upon small mining operations and recreational mining activities. It is alarming
that use of a third party’s valuable property could be entirely eliminated or heavily
regulated through an obscure and secretive court process between two other parties miles
away from this county. Private property owners should be entitled to due process when
their rights to exclusive use of their property are at stake. This attempted precedent
should raise a big red flag to all property owners. If it succeeds, there is nothing to
stop similar suits affecting your private property.
Way back in October 1993, the DFG went through an exhaustive CEQA
process in the issuing of suction dredge mining regulations. The document concluded that
“specific safeguards included in the proposed project will assure that impacts to
these resources are minimized to less than significant.” It also concluded that
suction dredging “may be beneficial to fish habitat” by breaking up cement hard
river beds and providing holding and resting areas for fish in abandoned dredger holes. No
comparable public analysis was made in connection with the issuance of the new November
regulations.
Siskiyou County has an ordinance in place that has the purpose of
ensuring an open local public process for proposed regulation of natural resources by
state and federal agencies. It exerts County jurisdiction over those resources and
requires actual and early notice to the Board. of any
actions of state and federal
agencies to “plan, adopt rules or regulations, acquire land or interest in land, in
fee or through easements, promulgation of programs, land adjustments, and other activities…
“ In addition, it requires that these agencies “recognize and address the
effects of any actions proposed within the County which may affect matters, including, but
not limited to, economic growth, public health, safety and welfare, land use, the
environment, conservation of natural resources, such as timber, water, fish, wildlife,
mineral resources, agriculture, grazing, and recreational opportunities.” It also
requires consultation, coordination and opportunities for participation in the process by
the County.
Recently, the Board of
Supervisors passed a resolution authorizing me to sign a declaration to the court citing Siskiyou County’s ordinance and urging that the court
require the Department to follow normal procedures in making any revisions to suction dredge mining regulations. I understand
that others, including the New 49er’s, have intervened. We await the result.
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