BILL NUMBER: SB 670 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wiggins
FEBRUARY 27, 2009
An act to add Section 5653.1 to the Fish and Game Code, relating
to dredging, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 670, as introduced, Wiggins. Vacuum or suction dredge
equipment.
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. A violation of the permit
requirement is a misdemeanor. 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 requires the department to adopt
regulations to implement certain of the vacuum or suction dredge
equipment requirements and authorizes the department to issue
regulations with respect to other requirements. Existing law requires
that the regulations be adopted in accordance with the requirements
of the California Environmental Quality Act (CEQA).
CEQA requires a lead agency, as defined, to prepare, or cause to
be prepared by contract, and certify the completion of, an
environmental impact report on a project, as defined, that it
proposes to carry out or approve that may have a significant effect
on the environment, or to adopt a negative declaration if it finds
that the project will not have that effect. The act exempts from its
provisions, among other things, certain types of ministerial projects
proposed to be carried out or approved by public agencies, and
emergency repairs to public service facilities necessary to maintain
service.
This bill would prohibit the use of any vacuum or suction dredge
equipment in any river, stream, or lake until the director of the
department certifies to the Secretary of State that (1) the
department has completed an environmental review of its existing
vacuum or suction dredge equipment regulations as ordered by the
court in a specified court action, (2) the department has transmitted
for filing with the Secretary of State a certified copy of new
regulations, and (3) the new regulations are operative.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5653.1 is added to the Fish and Game Code, to
read:
5653.1. (a) (1) The program of the department governing 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 may proceed only if the department has caused to be
prepared, and certified the completion of, a programatic
environmental impact report on the project.
(2) The issuance of permits pursuant to Section 5630 is not a
ministerial act pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code), and permits shall not be issued by the department pursuant to
the program when a subsequent or supplemental environmental impact
report is required to be prepared and certified pursuant to Section
21166 of the Public Resources Code.
(3) This subdivision does not constitute a change in, but is
declaratory of, existing law.
(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 the new regulations adopted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, whichever occurs first.
(3) The new regulations are operative.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
The Department of Fish and Game is issuing permits for the
operation of vacuum or suction dredging equipment in violation of a
court order and the California Environmental Quality Act and
threatens water quality and at-risk fish and other species.
OUR MISSION STATEMENT:
"TO REPRESENT AND ASSIST OUTDOOR USER GROUPS AND INDIVIDUALS INTERESTED IN KEEPING PUBLIC AND PRIVATE LANDS OPEN TO PROSPECTING, MINING,AND OUTDOOR RECREATION THROUGH PUBLIC EDUCATION, SCIENTIFIC DATA, AND LEGAL MEANS."
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