State of California Office of Administrative Law In re: NOTICE OF APPROVAL OF REGULATORY Department of Fish and Game ACTION Regulatory Action: Government Code Section 11349.3 Title 14, California Code of Regulations OAL File No. 2012-0316-06 S Adopt sections: Amend sections: 228, 228.5 Repeal sections: The Department of Fish and Game proposed this action to amend its suction dredge mining program, set forth in title 14, California Code of Regulations, sections 228 and 228.5. OAL approves this regulatory action pursuant to section 11349.3 of the Government Code. This regulatory action becomes effective on 4/27/2012. Date: 4/27/2012 ß~)¿.~ Richard L. Smith Staff Counsel For: DEBRA M. CORNEZ Director Original: Charlton Bonham Copy: Mark Stopher ',,,IE or CAUFORNIA..OFFICEOF ADMINISTRATIVE LAW ctions on For use Iby Siec¡;etary of State ,only PUBLICATION/REGULATI rse) Z-20/ I.t HECElVtD i:Qli rlUNG PlmUCA:riml DATE j\ HArì (J 4 '11 ~jAIì 1 8 '11 Cltfice of Administrative Law NOTICE REGULATIONS AGENCY WITH RUlEMAKING AUTHORITY Caliornia Department of Fish and Game A. PUBLICATION OF NOTICE (Complete for piiblkationinNotice Register) :s;g;;;:i~~R~::ati~n'-t~~~j;:~_ ==F~;;;;:'IT... .~§1~~"-":'-- OALONLY USE ACTION ON PROPOSED as NOTICE 3-L PUBLICATION DATE2 t B. SUBMISSION OF REGULATIONS (Completewhensubmittingregulations) la. lb. ALL PREVIOUS RELATED OAL REGULATORY ACTION NliMSERiS) SECTION(S) AFFECTED (List all section number(s I individually. Attach additional sheet if needed.) iZJ;, TITLEIS; 3. TYlEOHIUNG 1' Regular Rulemaking (Gov, The ,agency offocer oamet JD Code § 11346; D Certificate of Compliance: Changes Without Regulatory below certifes that this ;ageny wmplied with ¡he D EmergencyCode, §11346.1(h)1 Readopt (Gov. D Effect (Cal.'CodeRegs.,titie provisions ofGov. Cude'i§ 1134.2-11 Hì.3 either l, 100) o Hesubmittal of disapproved or withdrawn non emergency before the emergency regulation was adopted or Print Ooly fiing (Gov. Code §§ i 13'9.3, witiiin tile lime period requi(edby statute. o File&Plint o 11349.4) o Resubmittal of disapproved or withdrawn o Other (Specify) _ D Emergency§11346.l(bJl (Gov. Code, emergency fiing (Gov. Code. §-11346.1) 4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIfiED REGULATIONSANDIDRM/,fERf,\L.ADDEOTO THE RULEMAKING fiLE (CaL. Code Regs. title I, §44 and Gov. Cod" 'il \347.11 February 17, 2012 - March 05, 2012 S. EFf£GIVE DATE OF CHANGES IGov. Code, §§ i 1343., I I 346. I(dl;(al. (od,,!le9s.ti~ I, )100 I D Effectivefiling with 30th Secreta!)' day after of M Stale Effective l6 SeccetBfJ' on fiing withof State 0 !jl00iChaoge) Regulatory Withoultffect other D Effective (Specífy) 6 CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION. APPROVAL OR CONCURRENCE BY, ANOHIER AGENCY OR ENTITY D Depaitment of Finance (Form STD. 399) (SAM §6660) D fair Political Practices Commission State Fire Marshal ~(Speciry; FAX NUMBE.R J...eiionaJ1 E.MAIL ADDREßS (Ol'?a\f 7 CONTACT PERSON í TELEPHONE NUMBER Mark Stopher 1530-225-2275 530-ZL:J-z39 mstopner~a g.ca.gov For use by Offce of Administrative Law (OAL) only 8. I certify that the attached copy of the regulatian(s) isa true 'and carrectcopy of the regulation(s) identified on this form, that the ~nformatjonspedfied on this form is true and correct, and that I am the head of the agency taking this action, or a designee of the head of the agency, and ;am authorized ,to makethis certification. DATE - 03-16 -2012 Bonham, Director, DFG -I L TITLE 14. NATURA RESOURCES Division 1. Fish and Game Commission-Department of Fish and Game Subdivision 1. Fish, Amphibians and Reptiles Chapter 8. Miscellaneous Section 228 and 228.5. Suction Dredging. § 228. Suction Dredging. 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 subj ect to and consistent with the requirements of Sections 228 and 228.5 will not be deleterious to fish. For purposes of these regulations, suction dredging (also called vacuum dredging) is defined as the use of a suction system to remove and return material at the bottom of a stream, river, or lake for the extraction of minerals. Suction dredges may only be used pursuant to the following provisions: (a) Definitions. (i) Suction dredging. For purposes of Section 228 and 228.5, the use of vacuum or suction dredge equipment (i.e. suction is defined as the use of a motorized suction system to vacuum material from the bottom of a river, stream or lake and to return all or some portion of that material to the same river, stream or lake for the extraction of minerals. A person is suction dredging as Conserving CaÛfornia)s Wiûf(if Since 1870 defined when all of the following components are operating ther: (A) A hose which vacuums sediment from a river, stream or lake and (B) A motorized pump; and C A sluice box. 2 Motorized. For ses of these "motorized" means a mechanical device powered by electrici or an internal combustion +a lQ Permi t 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 tha t year. The department 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. Regional office or at the License and Revenue Branch office. Any person with a qualifying disability under the Americans with Disabili ties 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 Department to such disabled person shall be in the disabled applicant i s name and shall be issued at no charge. The disabled permittee must be present at the dredge site while the 2 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 acti vi ties. 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. (b) Special Suction Dredge Permits. (1) Submission of Written Plan. Any person may apply for a special suction dredge permit to operate a suction dredge with a nozzle larger than prescribed in subsections 228(e) (1), 228.5(c) or 228.5(d) by submitting a written plan detailing the proposed operation. I f the department determines that no deleterious effect to fish may occur, the special permit shall be issued Hith conditions prescribed by the department to protect fish resources. A special permit will be issued or denied within 30 days upon receipt of a complete "critten plan detailing the proposed operation unless the time is intended by mutual agreement. If the special permit is denied, the justification for denial will be provided. (2) Appeal of Denial. The denial of a special suction dredge permit may be appealed in "criting to the director or his/her designee (hereinafter referred to as director). If the director determines that no deleterious impacts to fish may occur, the director shall authorize the issuance of the permit. The director shall respond to an appeal within 45 days from receipt of notice of request to appeal. 3 ( 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 i s license or identification card issued to him or her by the Department of Motor Vehicles or by the entity issuing driver i s licenses from the licensee i 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. 4 (d) Permit Amendment. Applicants may amend suction dredge rtment license sales office at no additional an amendment form rtment number and modifications or additions to the information speci fied in the original application. (e) Permits Requiring an On-s i te Inspection. Where an on-site inspect ion is required, a permit, or amended permit, is not valid until the permittee has contacted the appropriate Department Regional Office to arrange an inspection, the has been ted and the rtment has rovided wri tten approval of the proposed suction dredging.