Picked this up on a different site and thought it might be helpful info to pass around, with all that is going around....
DFG says sucker tubes are ok to use
by Seden on Fri Aug 21, 2009 12:26 am
I was over on the Mike Higbees prospectors forum and a guy who goes by the name "Sluicejuice" wrote the DFG and here's a copy of his letter to the DFG and their reply:
I emailed Mark Stopher the other day and he just emailed me back. I am posting a copy of my initial email to him and his reply back. I hope this will give even further clarification and help everyone.
My initial email to Mark:
"I have spoken with Kim Shepherd over the phone to get some clarification as to what activities are now permitted since the implementation of SB670. It is my understanding that anything that is not instream and never required a permit to begin with is still allowed. I was hoping you can confirm this. There is much confusion in the mining community as to what is currently permissible and what is not. We understand panning and sluicing is still permitted. But after a friend had an encounter with a ranger who told him he could not use a "gold sucker" *(a hand operated PVC pipe suction pump), I decided to write and get further clarification.
Our questions are, according to SB670, can we:
-- Highbank/powersluice?
-- "Hand dredge", i.e. the "gold sucker" PVC tube
-- Gravity dredge?
-- Engage in "booming"? (this technique consists of forming a small recirculating pool of water above the waterline and dredging that)
-- Using a device such as the "Hydroforce" dryland suction nozzle (which may be viewed here:
http://www.youtube.com/watch?v=B3Z3IfqvgJY as long as it is not instream?
We were hoping to get clarification from you in writing or even better yet, put it of the F&G website in the dredging Q&A section. This way, if we are stopped by rangers or wardens we have some proof that we are not violating the law..."
Mark's reply email:
"The moratorium established by SB 670 does not prohibit any of the activities you mention. Highbanking, power sluicing, booming, gravity dredging and dryland suction dredging may substantially modify the bed, bank or channel of a stream, river or lake, or substantially divert flow from a stream and require notification under section 1602 of the Fish and Game Code. I suggest you coordinate the regional DFG office nearest to where you conduct your activities to make that determination. You can also access our web site
http://www.dfg.ca.gov/ for more information on streambed alteration agreements and suction dredging status. It seems unlikely to me that, as I understand it, a PVC suction pipe operated by hand would require a streambed alteration agreement.
Mark Stopher
Environmental Program Manager
California Department of Fish and Game
601 Locust Street
Redding, CA 96001
voice 530.225.2275
fax 530.225.2391
cell 530.945.1344"
...end quote
.....so if your activities will not "substantially modify the bed, bank or channel of a stream, river or lake, or substantially divert flow from a stream" you would not be required to have a streambed alteration agreement. If you have any doubt contact the DFG and ask them about your specific situation/plans. Please note, these regulations were in place long before SB670 came along....just fill in your holes and you should be good to go!
Let's get back to gettin' gold!
So print this out and go use your sucker tubes with full rights as I sure will.
Randy
