New Ca. Budget Bill language for Suction Dredging

[maksutaSTAR]

LAW OFFICES OF DAVID YOUNG

David Young, SBN 55341

11150 Olympic Blvd., Suite 1050

Los Angeles, CA 90064

Telephone: (310) 575-0308 Facsimile: (310) 575-0311

E-mail: dyounglaw@verizon.net



Attorney for Public Lands

for the People, Inc. and

Gerald E. Hobbs







SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF ALAMEDA





LEEON HILLMAN; et al.



Plaintiffs.

v.



CALIFORNIA DEPARTMENT OF FISH AND GAME; et al.



Defendants.



CASE NO. RG09 434444

NOTICE OF APPEAL





[To the clerk of the above entitled court:]

NOTICE IS GIVEN that Interveners Public Lands for the People, Inc., and Gerald E. Hobbs appeal from that certain order of the Hon. Frank Roesch, Judge of the Superior Court, dated July 9, 2009, and entered by the Court in this action on July 10, 2009. Such order reads as follows:

“For the reasons stated above, it is ORDERED that the California Department of Fish and Game and its Director, Donald Koch, immediately cease and desist from expending any funds obtained by them from the State of California General Fund to issue suction dredge permits pursuant to Fish and Game Code section 5653 and 14 CCR §228 and §228.5.

This Preliminary Injunction shall continue so long as this matter is pending or until further order of the Court; bond is waived.”



Dated: August , 2009

LAW OFFICES OF DAVID YOUNG





__________________________

David Young
Attorney for Public Lands
for the People, Inc., and
Gerald E. Hobbs

[jerhobbs]

In response to Reply # 4


The offending proposal:
ISSUE 1: TRAILER BILL LANGUAGE—SUCTION DREDGE CLEANUP LANGUAGE
The Resources Omnibus Trailer Bill of 2011 included an item regarding the use of suction dredge equipment in waterways of the state. The language inadvertently created a confusing requirement both to create a temporary moratorium and require an environmental review of the practice, with an arbitrary timeframe for both. On April 25th, the Subcommittee directed staff to develop budget trailer language to clarify the Legislative intent in this regard. Specifically, staff was asked to draft language that would:
1. Remove the 2016 sunset in order to provide time needed to identify new regulations that meet environmental standards and reduce confusion about status of the program. This would have the effect of putting in place a functional moratorium until new regulations addressing environmental impacts, and a new fee schedule covering all reasonable costs, are developed.
2. Ask DFG to consult with other agencies, such as the Water Board, Department of Public Health and the Native American Heritage Commission, and report back to the Legislature with recommendations as to what additional authorities or statutory changes would be necessary to develop suction dredge regulations that would mitigate all environmental impacts, and make recommendations for a fee schedule that would cover all program costs.
To wit, staff has prepared the following trailer bill language for the Subcommittee to consider: Amend Section 5653.1(b) to read as follows:
5653.1 (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 June 30, 2016, or until the director certifies to the Secretary of State that all of the following have occurred, whichever is earlier:
(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.
Add the following:
The Department shall consult with other agencies as necessary, including but not necessarily limited to, the State Water Resources Control Board, the Department of Public Health, and the Native American Heritage commission, and report back to the Legislature with recommendations as to any additional statutory changes or authorities that may be necessary to develop suction dredge regulations that would meet all the requirements of 5653.1(b), including mitigation of all identified significant environmental impacts and a fee structure that will fully cover all program costs.