Suction Dredge Mining Resuming In California Despite Moratorium Forbidding It?

Suction dredge mining is currently banned in California, but some suggest miners are sidestepping the law by excluding a key piece of equipment and suction dredging anyway.

By removing the “sluice box” from the suction dredge, miners avoid the technical definition of a suction dredge, but also spew far more toxic mercury into the waterways.

This from a Center For Biological Diversity press release:

SACRAMENTO, Calif.— A coalition including environmental organizations, fishermen and the Karuk tribe submitted a formal petition to the California Department of Fish and Wildlife today asking the agency to close a loophole it created allowing recreational miners to return to a technique called suction dredging by making equipment modifications that sidestep state law and worsen impacts to the environment. Because state wildlife officials narrowed state rules to define a suction dredge as a hose, motor and sluice box, miners are simply removing the sluice box — an alteration that leaves dredge spoils containing highly toxic mercury piling up along waterways.

“Suction dredge mining continues to pollute our waterways with toxic mercury and destroy sensitive wildlife habitat,” said Jonathan Evans with the Center for Biological Diversity. “Backroom approvals of uncontrolled suction dredge mining violate the public trust right along with the law.”

For more information, read this.

Circuit Court Decision Says ESA Trumps 1872 Mining Act

In what will probably be viewed as a landmark decision, the U.S. 9th Circuit Court of Appeals has ruled that suction dredge mining permits can’t be issued in sensitive areas without an Endangered Species Act (ESA) review.

In simple terms, the ESA trumps the 1872 Mining Act.

The ruling comes as a result of a lawsuit filed by the Karuk Tribe, who sought to protect endangered coho salmon from suction dredge mining.

The Los Angeles Times story says:

Recreational gold mining using suction dredges along Northern California’s Klamath River must be reviewed by federal wildlife officials if threatened coho salmon might be harmed, a federal appeals court ruled Friday.

The 7-4 ruling by the U.S. 9th Circuit Court of Appeals found that the U.S. Forest Service violated federal endangered species protections by approving the mining practice along the Klamath without consulting wildlife officials.

And while the decision clearly impacts suction dredge mining along sensitive portions of the Klamath River, its shockwave may well spread much, much farther. This from the Karuk Tribe press release:

“This decision sets a major precedent across the western states,” said Roger Flynn, lead attorney representing the Tribe, and the Director and Managing Attorney of the Western Mining Action Project, a Colorado-based non-profit environmental law firm specializing in mining issues in the West. “The government and miners had argued that the archaic 1872 Mining Law, which is still on the books today, overrides environmental laws such as the Endangered Species Act. The Court flatly rejected that untenable position.” said Flynn.

CalTrout’s Comments On DFG’s Proposed Suction Dredge Mining Regulations

March 5, 2012
Mark Stopher
Environmental Program Manager
California Department of Fish and Game
601 Locust Street
Redding, CA 96001

Re: California Trout Comments on Proposed Suction Dredge Regulations

Dear Mr. Stopher:

California Trout (CalTrout) is providing comments on the Department of Fish and Game’s (Department) proposed suction dredge regulations. We appreciate the Departments recent efforts to incorporate public comments and propose improved suction dredge regulations.

We remain concerned about the impacts of suction dredging, even when new and improved regulations are adopted, on specific streams. Most notably we are concerned about the impacts of suction dredging on coho salmon streams, designated state Heritage and Wild Trout waters, and popular blue-ribbon trout fisheries.

CalTrout is encouraged by the passage of AB 120 in July 2011. This legislation suspends the issuance of permits until the Department has completed an Environmental Impact Report and adopted new regulations. AB 120 includes two other important provisions:

1) The bill requires the Director of DFG to certify that the new regulations fully mitigate identified significant environmental impacts.
2) The bill requires a fee structure that allows for suction dredge permit costs to fully cover the costs of administering the program. The checkbooks and bank accounts of this state’s hunters and anglers should not be used to underwrite a program that harms the very species we pay licenses to fish.

Background

CalTrout members use and enjoy the rivers of California to pursue their passion of fishing for California’s diverse trout, steelhead and salmon. Angling stimulates local economies and is an important driver of local economies in many rural areas.

California Trout’s mission is to protect and restore wild trout, steelhead and salmon and their waters throughout California. California Trout is supported by approximately 7,500 members and approximately 60 affiliate organizations representing approximately another 10,000 members. California Trout is headquartered in San Francisco and operates 5 field offices throughout the state.

The current state of California’s trout, steelhead and salmon is bad and worsening. [Read more...]

Fish & Game Releases Draft of New Suction Dredge Mining Regulations

Reacting to criticism of the existing suction dredge mining regulations — which did little to protect fish populations — California Fish & Game has released its draft regulations for suction dredge mining, and public comments on the revised regulations will be accepted until March 5, 2012.

You can download a draft of the new regulations here.

A few highlights include:

  • A county-by-county listing of streams and rivers where suction dredge mining is prohibited or controlled

  • A reduction in the number of permits available for issue statewide (1500)

  • Establishment of special coldwater refugia areas on the Klamath River

  • Revisions to regs designed to eliminate impacts to fish

Currently, suction dredge mining is prohibited by AB120, which established a five-year moratorium while new regulations were developed

Public Comment

This from the Fish & Game website:

The public comment period closes at 5:00 p.m. on Monday, March 5, 2012. All comments must be postmarked or received by DFG on or before that date and time. The revised regulations, all related written comments received by DFG, including the names and addresses of commenters, and DFG’s responses to written comments, will be included in the DFG’s official public record.

Please mail or hand-deliver written comments to DFG at: Suction Dredge Program, Revisions to Proposed Amendments, Department of Fish and Game, Northern Region, 601 Locust Street, Redding, CA 96001.

Written comments may also be submitted to DFG via email at: dfgsuctiondredge@dfg.ca.gov. Please include the following in the subject line for all comments submitted via email: Comments re Revisions to Proposed Amendments.

Governor Brown Signs Suction Dredge Mining Bill (AB120)

Governor Jerry Brown recently signed Assembly Bill 120 — a huge victory for the protection of California trout, steelhead and salmon.

CalTrout members responded in large numbers to a Trout Clout alert, bombarding the Governor with emails in support of the measure.

Assembly Bill 120 provides the following:

  • Extends the current moratorium on suction dredge mining until June 30, 2016
  • Requires that new regulations fully mitigate all identified significant environmental impacts including mobilizing toxic metals like mercury, destroying cultural sites and hurting wildlife
  • Requires that permitting fees cover the program’s administrative costs
  • Requires approval by the legislature and the Governor for any changes to fee structure for the program.

Trout Clout Alert: Urge Governor Brown to Regulate Suction-Dredge Mining

 

We need your help to ensure Governor Brown signs AB120 into law. Here’s why:

 
Suction Dredge Mining Threatens California’s Streams & Rivers

Suction dredge operations use gas powered pumps to suck up water and gravel through a hose to sort out gold.

As Dr. Peter Moyle points out, suction dredge operations can harm fish, especially endangered steelhead and salmon. Impacts include disturbance of spawning gravels, directly sucking small fish and invertebrates through the pump, and resuspending mercury — trapped in the gravel from past mining operations — back into streams.

AB120 will help control these negative impacts to steelhead and salmon by requiring that Fish and Game adopt and implement regulations that mitigate all significant water quality, wildlife and cultural/historical impacts.

You can see CalTrout’s comments on the recently released Environmental Impact Report on suction dredging here.

Suction Dredge Mining Costs Taxpayers Money

It costs the state far more to administer the suction dredge mining program than permit fees bring in; AB120 requires Fish & Game to adopt a fee structure that pays for the agency’s cost of administering and enforcing mining regulations.

If AB120 is signed into law — and Fish and Game fails to meet these two requirements — the agency is prohibited from adopting regulations or issuing mining permits for five years.

Click here to tell Governor Brown to sign A.B. 120 — protecting our rivers, streams and drinking water from this destructive mining practice.

Biologist Peter Moyle Discusses Effects of Suction Dredge Mining

While the suction dredge issue in California may be moot for the next five years if the current budget deal holds, uber-biologist Peter Moyle writes about his concerns with suction dredge mining, many of which are focused on intrusions into cold-water refugia (stressing fish), and direct effects:

The effects of suction dredging on fish are well described in the peer-reviewed papers Harvey (1986) and Harvey and Lisle (1998) and in the numerous citations in the two DFG review documents (see below “Further Reading”). The effects vary according to size of stream, fish species present, season of dredging, and frequency and intensity of dredging. Direct effects include trapping invertebrates and small fish in the dredges, altering the habitat that supports fish food supply, and changing channel structure to make it less favorable for fish. In the Klamath, piles of dredge tailings in the Salmon and Scott Rivers and their tributaries create attractive spawning grounds for salmonids. But these tailings are so unstable that they are likely to scour under high flows, greatly reducing survival of the embryos placed within the gravel.

(Read Moyle’s entire article here)

CalTrout believes that the impacts of suction dredge mining will vary widely depending on the size of the river and the makeup of the fish who inhabit it, and that blanket regulations for the entire state won’t protect stressed fish populations in specific areas.

We said so when we presented our comments to Fish & Game’s proposed regulations, and we will remain vigilant on the suction dredge issue.

CalTrout Opposes SB 657 (Suction Dredge Mining Bill)

No Reason to Shortcut Current Review of Suction Dredge Mining Regulations

UPDATE: We’re hearing rumors that SB 657 is DOA. More as we know it.

California Trout is in strong opposition to California Senate Bill 657, which simply deletes existing law related to the proper regulation of suction dredge mining permits.

That’s bad idea in itself, but more importantly, SB 657 would undermine an ongoing and comprehensive environmental review of the recreational practice of suction dredge mining.

In a joint letter, CalTrout and the California Chapter of Trout Unlimited said “By deleting existing law related to the proper regulation of suction dredge mining permits, SB 657 would undermine an ongoing and comprehensive environmental review of this recreational practice. The current California Environmental Quality Act (CEQA) review and the associated process to develop and adopt new regulations governing such mining should continue.”

Stopping those processes now would waste substantial public funds, and short-circuit a public review process in favor of… well, nothing.

The threats posed by suction dredge mining to California’s native and imperiled salmon, steelhead, and trout species are documented, numerous, and must not be underestimated. They include:

  • Disruption to spawning gravels
  • Disruption to incubating eggs
  • Increases in turbidity and unnatural sedimentation
  • Alteration of stream-bottom habitats that support important food supplies
  • Entrainment of invertebrates and small fish
  • Mobilization of toxic mercury within the water column

It is for these reasons and others that the Department of Fish and Game has been ordered to perform a comprehensive review of suction dredge mining and the regulations pertaining to permitting the activity.

Please join us in supporting this ongoing and productive environmental review process, and in opposing attempts to circumvent state efforts to protect our trout, steelhead and salmon.