California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 1 - Fish, Amphibians and Reptiles › Chapter 8 - Miscellaneous › Section 228 - Suction Dredging

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department has adopted this Section and Section
					 228.5 pursuant to Fish and Game
					 Code Section
					 5653.9,
					 and to make specific and otherwise implement Fish and Game Code Section
					 5653,
					 specifically. Pursuant to that authority, the Department finds that suction
					 dredging subject to and consistent with the requirements of Sections
					 228 and
					 228.5 will not be deleterious to
					 fish.
(a) Suction dredging. For
				  purposes of this Section and Section
				  228.5, 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. These regulations do not apply to, prohibit or restrict
				  nonmotorized recreational mining activities, including panning for
				  gold.
(b) Permit requirement. Every
				  person who operates the intake nozzle of any suction dredge shall have a
				  suction dredge permit in his/her immediate possession. Any amended permit shall
				  also be in his/her immediate possession. Suction dredge permits shall be valid
				  from the first day of the year for one calendar year or if issued after the
				  first day of the year, for the remainder of that year. The Department will
				  charge a fee for each suction dredge permit pursuant to Section
				  5653, subdivision (c), of the Fish
				  and Game Code. Permits may be obtained at any Department license sales office.
Any person with a qualifying disability under the Americans
					 With Disabilities Act, who presents a Disabled Person DMV registration or other
					 State, or Federal approved documentation of disability, and who requires
					 assistance in operating a suction dredge may also apply for an assistant
					 suction dredge permit. Any assistant suction dredge permit issued by the
					 Department to such disabled person shall be in the disabled applicant's name
					 and shall be issued at no charge. The disabled permittee must be present at the
					 dredge site while the assistant is operating the suction dredge. The assistant
					 shall have the assistant suction dredge permit in his/her immediate possession
					 while assisting the disabled permittee in suction dredging activities. Any
					 assistant may be prosecuted for a violation of the laws or regulations
					 pertaining to suction dredging. The disabled permittee may be prosecuted for a
					 violation of the laws or regulations pertaining to suction dredging committed
					 by his/her assistant.
(c)
				  Permit application. Suction dredge permit applications shall be made available
				  at any Department license sales office using the Department's Automated License
				  Data system. No suction dredge permit shall be issued by the Department unless
				  an application has been completed by the permit applicant. A completed
				  application shall contain all of the following information:
(1) Identification and contact information
				  for the permit applicant based on any of the following:
(A) Any license document or identification
				  number previously issued via the Department's Automated License Data
				  System,
(B) A valid driver's
				  license or identification card issued to him or her by the Department of Motor
				  Vehicles or by the entity issuing driver's licenses from the licensee's state
				  of domicile,
(C) U.S. Birth
				  Certificate,
(D) U.S. Certificate
				  or Report of Birth Abroad,
(E)
				  Immigration and Naturalization Service American Indian Card,
(F) Birth Certificate or passport issued from
				  a US Territory,
(G) U.S.
				  Passport,
(H) U.S. Military
				  Identification Cards (Active or reserve duty, dependent, retired member,
				  discharged from service, medical/religious personnel), or
(I) Certificate of Naturalization or
				  Citizenship.