PNP comment: Looks like the government wants to control who gets the gold! — Editor Liz Bowen
By John Bowman
Siskiyou Daily News
Posted Jun 29, 2012 @ 10:10 AM
SACRAMENTO, CA – With Gov. Jerry Brown’s signing of the 2012/13 California budget on Wednesday night, a moratorium on suction dredging in the state’s waterways has effectively been extended indefinitely by reversing a “sunset clause” that would have ended the moratorium in June, 2016.
The change was contained in the Resources Omnibus Trailer Bill (a trailer to the main budget).
On May 23, the Assembly Budget Subcommittee #3 on Resources & Transportation and the Senate Budget Subcommittee #2 on Resources & Transportation both approved the language changes to the budget trailer.
The original language of the bill – established by Assembly Bill 120 in July, 2011 – set forth additional requirements for approving new suction dredge regulations. It also established a timeline for the moratorium, allowing it to expire in June 2016.
According to Assembly documents, the original 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 25, the subcommittee directed staff to develop language to clarify legislative intent.
In addition to removing the sunset clause, the subcommittees added the following language:
“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 … including mitigation of all identified significant environmental impacts and a fee structure that will fully cover all program costs.”
The requirement that new regulations provide “mitigation of all identified significant environmental impacts” is likely to present the biggest challenge for the California Department of Fish and Game (CDFG).
In March, CDFG released its proposed new regulations and Environmental Impact Report.
A CDFG press release issued in April announcing the new regulations stated, “The Final Subsequent Environmental Impact Report (FSEIR) does identify significant and unavoidable impacts for purposes of CEQA, which are not mitigated to less than significant level by the adopted regulations. As a result, based upon the information currently available, CDFG will not be able to determine that the final regulations fully mitigate all identified significant impacts.”
This contrast between the stated requirement in the new language of the budget trailer and the current state of the regulations will likely mean that CDFG will have to continue searching for new ways to regulate suction dredging if the moratorium is to be lifted at any point in the future.
http://www.siskiyoudaily.com/features/x57813079/Dredge-Moratorium-extended-indefinitely