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Klamath Riverkeeper Press Release
July 27th, 2009: For Immediate Release
Contact: Scott Harding, Executive Director, Klamath Riverkeeper, 541.488.3553
Read our coalition's press release here.
Judge Tells CA Fish & Game to Stop Issuing Suction Dredge Mining Permits, Threatens Contempt Charges
Alameda, CA – In a hearing today, Alameda County Superior Court Judge Frank Roesch sharply reaffirmed his earlier order that the California Department of Fish and Game (CDFG) cease issuing permits to operate suction dredges in the state’s rivers. CDFG had refused to comply with Judge Roesch’s July 10th injunction, leading him to threaten contempt of court charges if they continue issuing permits for suction dredge mining.
“The California Department of Fish and Game has been avoiding the suction dredge problem for years, even as they admit it harms California’s fisheries. It comes as no surprise that the court has ordered CDFG to stop issuing permits. Hopefully this time they will comply with the court order,” said Scott Harding, Executive Director of Klamath Riverkeeper.
Judge Roesch issued the preliminary injunction on July 10 based on the merits of a lawsuit by Klamath Riverkeeper, the Karuk Tribe, six conservation groups, and three California taxpayers against the CDFG alleging that CDFG was illegally using public funds to operate the suction dredge permit program. The July 10 injunction specifically prohibits CDFG from using California general fund money to operate the suction dredge permit program.
CDFG, however, continued issuing permits using general fund money. Speaking from the bench, Judge Roesch sharply clarified his order and told CDFG that they would face contempt of court charges if they did not stop using any and all general fund money to issue permits, including money used for salaries and overhead such as rent and lights. Attorneys for CDFG told the judge that they would come into compliance today.
River restoration advocates point out that the court’s recent injunction on issuing suction dredge permits does not mean that a recently passed state bill (SB 670) that bans the mining practice is no longer needed. While the injunction prevents the state from paying to operate the mining program, SB 670 would temporarily ban suction dredge mining until CDFG completes an environmental review of the practice and new regulations that adequately protect fisheries and water quality are in effect.
SB 670 overwhelmingly passed the California Senate and Assembly earlier this summer and has been sent to Governor Schwarzenegger for his signature or veto. His decision is expected within two weeks.
“Today’s reaffirmed injunction is about California’s general fund and isn’t a substitute for the scientific re-evaluation of dredge mining regulations that SB 670 provides,” said Harding. “Both the lawsuit and the legislation should move ahead on their individual merits,” he continued.
Coincidentally, CDFG was also in court today on contempt charges for failure to complete an environmental review of suction dredge mining that was ordered as the result of a separate 2006 lawsuit brought against them by the Karuk Tribe.
“CDFG simply failed to complete the environmental review and rulemaking process already ordered by the courts in 2006. If they had done that, they wouldn’t be in court today for this hearing on the injunction or for contempt charges. This is the result of a basic lack of leadership by CDFG,” says Harding.
Suction dredge mining takes place directly in river and stream channels using a floating, gas-powered vacuum coupled to a sluice box. The miner vacuums up the river bottom and runs the sediment through a mechanized sluice to separate out gold flakes. The sediment is then spit back into the river in long, murky plumes.
Suction dredging represents a chronic and unnatural disturbance to the river and is known to harm fisheries, aquatic habitat, and degrade water quality. It can stir up leftover mercury pollution from historical mining activity and reintroduce it into the food chain, creating a public health problem. At times, ten or more suction dredges can be found in one river mile on the Klamath River and several hundred dredges are estimated to be operating within the watershed at one time.
Klamath Riverkeeper is a 501(c)(3) non-profit organization dedicated to restoring the Klamath River and its tributaries, fisheries, and communities. Klamath Riverkeeper has offices in Orleans, California and Ashland, Oregon. For more information please visit www.klamathriver.org.
For photos of suction dredging on the Klamath, please email Scott Harding.
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The public can urge Governor Schwarzenegger to sign the bill at: http://www.klamathriver.org/comments/sb670/index.html