Page updated 6/28/2013 Proposed Emergency Regulatory Action On June 28, 2013, the Office of Administrative Law (OAL) approved an emergency regulation proposed by the California Department of Fish and Wildlife (CDFW) that changes the definition of "suction dredging" and the "use of any vacuum or suction dredge equipment" for purposes of Fish and Game Code section 5653. With OAL approval and related filing with the California Secretary of State, the new regulation is now in effect.Under the new regulation, the use of any vacuum or suction dredge equipment (i.e., suction dredging) is defined as the use of a suction system to vacuum material from a river, stream or lake for the extraction of minerals. (Cal. Code Regs., tit. 14, § 228, subd. (a), effective June 28, 2013.)Consistent with related statute, the new regulation does not prohibit or restrict nonmotorized recreational mining activities, including panning for gold.Importantly, suction dredging is currently prohibited by statute throughout California as it has been since August 2009. (Fish & G. Code, § 5653.1, subd. (b).)In terms of the new regulatory definition of suction dredging, CDFW initiated the related emergency rulemaking action with public notice on June 7, 2013. CDFW submitted the rulemaking package to OAL on June 18, 2013, which began a 5-calendar day window for members of the public and interested public agencies to submit written comments to OAL. On June 26, 2013, CDFW submitted a written response to comments to OAL and, with its related action onJune 28, 2013, the new regulation defining suction dredging is now in effect.The documents prepared by CDFW as part of the emergency rulemaking action and OAL notice that the new definition is now effective upon filing with the Secretary of State can be viewed or downloaded by clicking on the following links:Notice of Proposed Emergency Regulatory ActionText of Specific Regulatory Language to be AdoptedStatement of Emergency and Information DigestNotice Publication/Regulations Submittal (Form 400)Notice Confirmation StatementEconomic and Fiscal Impact Statement (Form 399)California Environmental Quality Act Notice of ExemptionCDFW Response to Comments Submitted to OAL (June 26, 2013)Office of Administrative Law Notice of Approval and Filing (June 28, 2013)
Posted on: Sat, 29 Jun 2013 03:14:15 +0000
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