No-Fee Resolution (AJR 21)

[editor]

All,

The California Legislature's Committee hearing on the No-Fee Resolution (AJR 21) has been postponed until April 18th. It remains extremely important that groups and organizations continue to send in "Support Letters" as outlined below. The deadline on submitting Support Letters to Assemblyman Portantino's office is now April 10th. All letters from groups/organizations must be on letterhead. If your organization has not weighed in on public land access fees now is the time to do so.

Thank you,

Robert Funkhouser, President
Western Slope No-Fee Coalition


WESTERN SLOPE NO-FEE COALITION
P.O. Box 403, Norwood, CO 81423
970/259-4616
wsnfc@earthlink.net

ACTION ALERT

CALIFORNIA LEGISLATURE TO CONSIDER RESOLUTION CALLING FOR THE REPEAL OF FLREA FOREST FEES.

YOUR HELP IS NEEDED

A resolution was introduced in the California Assembly in mid-March, AJR 21, which urges Congress to repeal the public lands access fee law, the Federal Lands Recreation Enhancement Act (FLREA).

AJR 21 (which stands for Assembly Joint Resolution), authored by Assemblyman Anthony Portantino (D-Pasadena), will come before the Assembly’s Water, Parks and Wildlife Committee on April 10th. Then it will go to the Assembly floor for a vote.

The text of AJR 21 is at http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0001-0050/ajr_21_bill_20070314_introduced.html

Similar resolutions have been passed by legislatures in Idaho, Colorado, Montana, Oregon, New Hampshire and by the Alaska House of Representatives. Together, these resolutions show our legislators in Washington DC how unpopular the FLREA is – and help move them to repeal it soon. (The House Resources Committee in DC has a list of topics in its website that they will be addressing, and it includes the FLREA.)

California’s Assembly and Senate have in fact already passed (unanimously) a resolution against the FLREA’s predecessor, the Recreation Fee Demo Program, back in 1998. The current resolution, AJR 21, will, when passed, reiterate the California legislature’s opposition to access fees on public lands managed by the US Forest Service, the BLM, the US Fish & Wildlife Service and the Bureau of Reclamation.

WE NEED YOU AND MANY OTHERS TO DO THREE THINGS:

First- It is most important to have your organization send a “Support Letter” to the Committee via the Resolutions Author Assemblyman Portantino. The Support Letters should have some kind of letterhead, briefly explain the purpose of your organization, state that your organization supports AJR 21 and give a brief outline why.

These letters must be received no later than the afternoon of April 2nd to be considered by Committee. Your letter stays with the resolution and helps support AJR 21 all the way through the process.

Individuals are also strongly encouraged to send Support Letters.

You can send your Support Letters via e-mail to: Diane.Shelton@asm.ca.gov
Or fax them to: 916-319-2144

Next- Make phone calls to your Assemblyman or Assemblywoman right away to demonstrate support for AJR 21 and to urge the Committee, and the Assembly as a whole, to support it. Encourage them to cosponsor AJR 21. Briefly explain why. The link below will take you to a map, where you can click on your home area and be directed to your Assembly member’s website and contact information. http://www.legislature.ca.gov/legislators_and_districts/districts/assemblydistricts.html

Lastly-Please call and email as many as you can, through mid April, of the Assembly members who sit on the Committee for Water, Parks and Wildlife. They will be the first to decide on AJR 21. The Committee members are:

Lois Wolk, Chair (D), (916) 319-2008
Assemblymember.wolk@assembly.ca.gov

Bill Maze, Vice Chair (R), (916) 319-2034
Assemblymember.maze@assembly.ca.gov

Joel Anderson (R), (916) 319-2077
Assemblymember.Anderson@assembly.ca.gov

Tom Berryhill (R), (916) 319-2025
Assemblymember.Berryhill@assembly.ca.gov

Anna M. Caballero (D), (916) 319-2028
Assemblymember.Caballero@assembly.ca.gov

Charles M. Calderon (D), (916) 319-2058
Assemblymember.Calderon@assembly.ca.gov

Jared Huffman (D), (916) 319-2006
Assemblymember.Huffman@assembly.ca.gov

Doug La Malfa (R), (916) 319-2002
Assemblymember.lamalfa@assembly.ca.gov

Ted W. Lieu (D), (916) 319-2053
Assemblymember.Lieu@assembly.ca.gov

Gene Mullin (D), (916) 319-2019
Assemblymember.mullin@assembly.ca.gov

Pedro Nava (D), (916) 319-2035
Assemblymember.nava@assembly.ca.gov

Nicole Parra (D), (916) 319-2030
Assemblymember.Parra@assembly.ca.gov

Mary Salas (D), (916) 319-2079
Assemblymember.Salas@assembly.ca.gov



SAMPLE PHONE MESSAGE TO COMMITTEE MEMBERS:

You can keep it brief. Remember, unlike Congress in DC, which is responsible for the unpopular FLREA, these Assembly members are just being asked to support a resolution against it.

“My name is (…). I’m calling from (City and/or County). Please support AJR 21 when it comes before the Water, Parks and Wildlife Committee.”


SAMPLE PHONE MESSAGE TO YOUR ASSEMBLYMEMBER

“My name is (…). I’m calling from (City). Please coauthor AJR 21, the resolution opposing access fees on federal public lands in California. I visit the (Los Padres/Angeles/etc.) National Forest to (hike, hunt, ride my horse, mountain bike, etc.) and I oppose fees for access to undeveloped areas. Thank you.”

---------------------------------------
Please forward this email to your lists. We need legislators all around California to support AJR 21 and to vote for it when it comes before them.

Thank you for your efforts. Together we can put an end to Forest Fees and the FLREA!

For more information:
Robert Funkhouser, 802/235-2299, rfunk9999@earthlink.net
Kitty Benzar, 970/259-4616, wsnfc@earthlink.net

[maksutaSTAR]

We all need to address this isue, I will post some suggestions later.

Jerry


BILL NUMBER: AB 1032 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY MARCH 27, 2007

INTRODUCED BY Assembly Member Wolk

FEBRUARY 22, 2007

An act to amend Sections 5653 and 5653.7 of the Fish and Game
Code, relating to aquatic species.


LEGISLATIVE COUNSEL'S DIGEST


AB 1032, as amended, Wolk. Dredging: closed waters: native trout:
aquatic and amphibian species.
Existing law prohibits the use of any vacuum or suction dredge
equipment by any person in any river, stream, or lake of this state
without a permit issued by the Department of Fish and Game. Under
existing law, it is unlawful to possess a vacuum or suction dredge in
areas, or in or within 100 yards of waters, that are closed to the
use of vacuum or suction dredges. The department is authorized to
close areas otherwise open for dredging and for which permits have
been issued if there is an unanticipated water level change and the
department determines that closure is necessary to protect fish and
wildlife resources.
Existing law authorizes the Fish and Game Commission to designate
"Heritage Trout Waters" to recognize the beauty, diversity,
historical significance, and special values of California's native
trout , as defined .
This bill would close designated heritage trout waters to
suction dredging, except as authorized by permit approved by the
commission. The bill would prohibit the commission from approving a
permit unless it finds that the subject dredging operation will not
be deleterious to certain species. The bill would authorize the
department to close an area to dredging otherwise opened for
dredging and for which a permit has been issued , without
regard to water level, if it the department
determines that it is necessary to protect fish and wildlife
resources, including wild trout stocks within designated
heritage trout waters, and native aquatic
or amphibian species listed by the commission as endangered or
threatened under the California Endangered Species Act , or
species identified by the department as species of special concern
.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 5653 of the Fish and Game Code is amended to
read:
5653. (a) The use of any vacuum or suction dredge equipment by
any person in any river, stream, or lake of this state is prohibited,
except as authorized under a permit issued to that person by the
department in compliance with the regulations adopted pursuant to
Section 5653.9. Before any person uses any vacuum or suction dredge
equipment in any river, stream, or lake of this state, that person
shall submit an application for a permit for a vacuum or suction
dredge to the department, specifying the type and size of equipment
to be used and other information as the department may require.
(b) Under the regulations adopted pursuant to Section 5653.9, the
department shall designate waters or areas wherein vacuum or suction
dredges may be used pursuant to a permit, waters or areas closed to
those dredges, the maximum size of those dredges that may be used,
and the time of year when those dredges may be used. If the
department determines, pursuant to the regulations adopted pursuant
to Section 5653.9, that the operation will not be deleterious to
fish, it shall issue a permit to the applicant. If any person
operates any equipment other than that authorized by the permit or
conducts the operation in any waters or area or at any time that is
not authorized by the permit, or if any person conducts the operation
without securing the permit, that person is guilty of a misdemeanor.

(c) The department shall issue a permit upon the payment, in the
case of a resident, of a base fee of twenty-five dollars ($25), as
adjusted under Section 713, when an onsite investigation of the
project size is not deemed necessary by the department, and a base
fee of one hundred thirty dollars ($130), as adjusted under Section
713, when the department deems that an onsite investigation is
necessary. In the case of a nonresident, the base fee shall be one
hundred dollars ($100), as adjusted under Section 713, when an onsite
investigation is not deemed necessary, and a base fee of two hundred
twenty dollars ($220), as adjusted under Section 713, when an onsite
investigation is deemed necessary.
(d) It is unlawful to possess a vacuum or suction dredge in areas,
or in or within 100 yards of waters, that are closed to the use of
vacuum or suction dredges, including, but not limited to, waters
closed by the department pursuant to Section 5653.7.
SEC. 2. Section 5653.7 of the Fish and Game Code is amended to
read:
5653.7. (a) Heritage trout waters
designated pursuant to Section 7260 shall be closed to suction
dredging, except as authorized by permit approved by the commission.
The commission shall not approve a permit unless it finds that the
dredging operation will not be deleterious to wild trout and
steelhead stocks, or to other native aquatic or amphibian species
known to exist in the designated waters, that are listed under state
or federal law as threatened or endangered or have been identified by
the departm ent as a species of special concern.
If
(b) Notwithstanding any other provision
of law, if the department determines that it is necessary to
protect fish and wildlife resources, including, but not limited to,
wild trout stocks within heritage trout waters designated by
the commission pursuant to Section 7260, and aquatic species listed
by the native aquatic or amphibian species listed by
the commission pursuant to Section 2070 or species
identified by the department as species of special concern ,
the department may close areas that were otherwise opened for
dredging and for which permits were issued pursuant to Section 5653.

[PefDekannenly]

This Suction Dredge isssue will be presented to the Board of Directors this evening. Suggestions on how we attack this awful potentional law will be forth coming. Barry Wetherby

[maksutaSTAR]

Hi All

From reading the above bill, even though the deletions and additions did not show up on the transfer of the document to this site, PLP board at a meeting last night (Wed. April 11, 2007) have decide that we need to do some lobbying in Sacramento.

It appears that the Bill is an effort of the DFG to circumvent a court order from the Karuk vs. Ca. DFG lawsuit, which put the Ca.DFG in a position of doing an Environmental Impact Statement. By taking the decision making power on river closiers from th DFG Commission and taking that ability on their own to close rivers without the proper procedures and study's required at this time in the Ca. laws. And then forcing the Suction dredger to apply for a permit on those closed rivers from the DFG Commission itself . This could be a very lengthy and expensive process and could possibly put the dredger in a positon to be denied the permit. Therefore taking the miners right to utilize their claim fo rthe pupose of suction dredge mining

PLP Attorney David Young and I will be making a trip to Sacramento to talk to the legislators on the issue of AB 1032. We intend to explain to them the finacial costs that the state could incur over this legislation and the legal ramifications that are attached to such a Bill.

We will be driving up to Sacramento and spending 2 days, the 23rd and 24 of April 2007. At this time we are in a position of having to raise the funds for this action as it is not cheap to make a trip for 2 days and lobbying with an attorney and the cost of expenses for the trip.

If you have not bought raffle tickets for the PLP Spring Raffle, now would be a good time to get them. Or If you feel so moved you can send a donation to PLP Legal Fund at he folowing contacts. Anything that you can help with will be greatly appreciated.

bhwetherby@aol.com Barry Wetherby 818-957-1455
waltw@earthlink.net Walt Wegner

Thank You
Jerry Hobbs jerhobbs2 @aol.com 909-889-3039