Section 5653.1 Of Article 1. General From California Fish And Game Code >> Division 6. >> Part 1. >> Chapter 2. >> Article 1.
5653.1
. (a) The issuance of permits to operate vacuum or suction
dredge equipment is a project pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and permits may only be issued,
and vacuum or suction dredge mining may only occur as authorized by
any existing permit, if the department has caused to be prepared, and
certified the completion of, an environmental impact report for the
project pursuant to the court order and consent judgment entered in
the case of Karuk Tribe of California et al. v. California Department
of Fish and Game et al., Alameda County Superior Court Case No. RG
05211597.
(b) Notwithstanding Section 5653, the use of any vacuum or suction
dredge equipment in any river, stream, or lake of this state is
prohibited until the director certifies to the Secretary of State
that all of the following have occurred:
(1) The department has completed the environmental review of its
existing suction dredge mining regulations, as ordered by the court
in the case of Karuk Tribe of California et al. v. California
Department of Fish and Game et al., Alameda County Superior Court
Case No. RG 05211597.
(2) The department has transmitted for filing with the Secretary
of State pursuant to Section 11343 of the Government Code, a
certified copy of new regulations adopted, as necessary, pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(3) The new regulations described in paragraph (2) are operative.
(4) The new regulations described in paragraph (2) fully mitigate
all identified significant environmental impacts.
(5) A fee structure is in place that will fully cover all costs to
the department related to the administration of the program.
(c) (1) To facilitate its compliance with subdivision (b), the
department shall consult with other agencies as it determines to be
necessary, including, but not limited to, the State Water Resources
Control Board, the State Department of Public Health, and the Native
American Heritage Commission, and, on or before April 1, 2013, shall
prepare and submit to the Legislature a report with recommendations
on statutory changes or authorizations that, in the determination of
the department, are necessary to develop the suction dredge
regulations required by paragraph (2) of subdivision (b), including,
but not limited to, recommendations relating to the mitigation of all
identified significant environmental impacts and a fee structure
that will fully cover all program costs.
(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2017, pursuant to Section
10231.5 of the Government Code.
(3) The report submitted to the Legislature pursuant to this
subdivision shall be submitted in accordance with Section 9795 of the
Government Code.
(d) The Legislature finds and declares that this section, as
added during the 2009-10 Regular Session, applies solely to vacuum
and suction dredging activities conducted for instream mining
purposes. This section does not expand or provide new authority for
the department to close or regulate suction dredging conducted for
regular maintenance of energy or water supply management
infrastructure, flood control, or navigational purposes governed by
other state or federal law.
(e) This section does not prohibit or restrict nonmotorized
recreational mining activities, including panning for gold.