[env-trinity] Times-Standard: State Proposes emergency rules to close suction dredge mining

[Tom Stokely]

http://www.times-standard.com/news/ci_23418267/state-proposes-emergency-rules-close-suction-dredge-mining#

State proposes emergency rules to close suction dredge mining loophole

Catherine Wong/The Times-Standard
Posted:   06/08/2013 02:41:15 AM PDT
Updated:   06/08/2013 02:41:15 AM PDT

Click photo to enlarge

The state Department of Fish and Wildlife proposed emergency rules on Friday to close a loophole in its moratorium on suction dredge mining.
”I'm proud that California, Fish and Wildlife and the Governor's office responded,” Karuk Tribe Klamath coordinator Craig Tucker said.
The proposed rules are in response to an emergency request from a coalition of groups including the Karuk Tribe, Klamath Riverkeeper, Center for Biological Diversity and Pacific Coast Federation of Fishermen's Associations.
Tucker said the proposed rules still need to be approved by the state's Office of Administrative Law, which means a waiting period of up to 10 days.
”We're feeling pretty confident,” he said.
Suction dredge mining -- banned by the state since 2009 -- uses machines to vacuum up gravel, sand and mud from riverbeds in search of gold, but in early 2013, miners began modifying equipment to suction dredges to exploit a loophole in the ban, according to a Karuk Tribe press release.
The legal definition of a dredge requires three main parts: a hose, motor and sluice box. A sluice box sifts through material sucked from river beds in order to separate gold from everything else. By removing the sluice box, miners have been able to legally use modified machines.
Pacific Coast Federation of Fishermen's Associations Regional Director Glen Spain said in the release that the idea miners could dodge laws with semantic tricks is ridiculous.


”This is not the lawless Wild West,” Spain said. “There is no miners' 'right' to pollute the public's waters. No 'right' to destroy salmon habitat and salmon fishing industry jobs. No 'right' for gold miners to suction up stream beds with no limits.”
Eric Maksymyk, vice president of The Western Mining Alliance, wrote in an email prior to the release of the proposed emergency rules that the organization is leading the legal fight to restore suction dredging in cooperation with Public Lands for People.
”As opposed to the environmental groups, we avoid the use of rhetoric, and instead, we are relying on science,” Maksymyk wrote. “While the results of science can be manipulated, there are over forty reports that show no lasting effects from suction dredging.”
Tucker said Fish and Wildlife officials already knew dredge mining was bad for the rivers. “The scientific stuff is hay in the barn already,” he said.
According to the release, dredge mining releases mercury plumes in the riverbed left over from the Gold Rush, and removing the sluice box leaves dredge spoils containing mercury piled up along waterways.
Fish and Wildlife environmental analysis shows it also destroys the habitat of important and imperiled wildlife -- including salmon, steelhead trout, California red-legged frogs and migratory songbirds, according to the release.
In April, Fish and Wildlife officials denied a petition submitted by the coalition that asked the agency to broaden the definition of suction dredging to “the use of any motorized suction system” and remove the definition that required all three components. Officials cited a lack of evidence of miners using the modified suction dredges, but promised to not sit idly by if some was provided, according to the release.
Tucker said the coalition provided officials with photographs and videos of miners specifically using dredge mining without the sluice box.
”I've seen half a dozen miners out there in one day while driving between Somes Bar and Happy Camp,” Tucker said. “Once they saw the footage, they realized it was a major problem. They haven't been able to do anything about it until now.”

Catherine Wong can be reached at 441-0514 or cwong at times-standard.com

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