BILL NUMBER: AB 1032 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 5, 2007
AMENDED IN SENATE AUGUST 27, 2007
AMENDED IN SENATE JULY 17, 2007
AMENDED IN SENATE JUNE 20, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
AMENDED IN ASSEMBLY APRIL 16, 2007
AMENDED IN ASSEMBLY MARCH 27, 2007
INTRODUCED BY Assembly Member Wolk
FEBRUARY 22, 2007
An act to amend Section 5653 of, to amend, repeal, and add Section
5653.7 of, and to add and repeal Section 5653.6 of, the Fish and
Game Code, and to amend Section 6217.1 of the Public Resources
Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 1032, as amended, Wolk. Dredging: closed waters: native trout:
aquatic and amphibian species.
(1) Existing law prohibits the use of any vacuum or suction dredge
equipment by any person in any river, stream, or lake of this state
without a permit issued by the Department of Fish and Game. Under
existing law, it is unlawful to possess a vacuum or suction dredge in
areas, or in or within 100 yards of waters, that are closed to the
use of vacuum or suction dredges. A violation of the permit
requirement is a misdemeanor. The department is authorized to close
areas otherwise open for dredging and for which permits have been
issued if there is an unanticipated water level change and the
department determines that closure is necessary to protect fish and
wildlife resources.
The Trout and Steelhead Conservation and Management Planning Act
of 1979 finds and declares that it is the policy of the state to
establish and maintain wild trout stocks in suitable waters of the
state and establish angling regulations designed to maintain the wild
trout fishery in those waters by natural reproduction. The act
requires the department to determine whether each stream or lake
should be managed as a wild trout fishery, or whether its management
should involve the planting of trout. The act states the intent of
the Legislature that the Fish and Game Commission maintain a
specified wild trout program.
The
This bill, except as specified, would prohibit suction
dredge mining on the Klamath, Salmon, and Scott Rivers, and on
certain tributaries of those rivers. The bill would increase the
fee for a permit for the use of vacuum or suction dredge equipment.
The bill would also prohibit suction dredge mining in specified
thermal refugia, as defined. A person violating one of those
prohibitions would be guilty of a misdemeanor, thereby imposing a
state-mandated local program by creating a new crime. The
prohibitions would be repealed on January 1, 2011 , or on the
date on which the Director of Fish and Game has certified to the
Secretary of State that the department has completed an environmental
review of its existing suction dredge mining regulations and filed a
certified copy of new regulations with the Secretary of State,
whichever occurs first .
This
The bill, until January 1, 2011, or until the
department has completed an environmental review of its existing
suction dredge mining regulations and filed a certified copy of new
regulations with the Secretary of State, whichever occurs first,
would close designated stream and river segments and lakes to
motorized suction dredging.
On and after January 1, 2011, or on and after the date on
which the director certifies to the Secretary of State that the
department has completed an environmental review of its existing
suction dredge mining regulations and filed a certified copy of new
regulations with the Secretary of State, whichever occurs
first, the bill would repeal those stream and river segment and
lake closures, and would again authorize the department to close
areas otherwise open for dredging and for which permits have been
issued, if there is an unanticipated water level change and the
department determines that closure is necessary to protect fish and
wildlife resources.
(2) Existing law establishes the Salmon and Steelhead Trout
Restoration Account, and provides for the allocation of funds
deposited in that account for various purposes related to the
management and restoration of fish habitat.
This bill would specify that money in the account may be allocated
by the department for the purposes of conducting court ordered
environmental review of its existing suction dredge mining permitting
program pursuant to the California Environmental Quality Act, and to
promulgate regulations, as necessary, pursuant to the Administrative
Procedure Act, to protect Coho salmon, other species listed as
threatened or endangered, and other special status species, as
ordered by the court in a specified court action.
(2)
(3) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5653 of the Fish and Game Code is amended to
read:
5653. (a) The use of any vacuum or suction dredge equipment by
any person in any river, stream, or lake of this state is prohibited,
except as authorized under a permit issued to that person by the
department in compliance with the regulations adopted pursuant to
Section 5653.9. Before any person uses any vacuum or suction dredge
equipment in any river, stream, or lake of this state, that person
shall submit an application for a permit for a vacuum or suction
dredge to the department, specifying the type and size of equipment
to be used and other information as the department may require.
(b) Under the regulations adopted pursuant to Section 5653.9, the
department shall designate waters or areas wherein vacuum or suction
dredges may be used pursuant to a permit, waters or areas closed to
those dredges, the maximum size of those dredges that may be used,
and the time of year when those dredges may be used. If the
department determines, pursuant to the regulations adopted pursuant
to Section 5653.9, that the operation will not be deleterious to
fish, it shall issue a permit to the applicant. If any person
operates any equipment other than that authorized by the permit or
conducts the operation in any waters or area or at any time that is
not authorized by the permit, or if any person conducts the operation
without securing the permit, that person is guilty of a misdemeanor.
(c) The department shall issue a permit upon the payment, in the
case of a resident, of a base fee of twenty-five dollars
($25) one hundred dollars ($100) , as
adjusted under Section 713, when an onsite investigation of the
project size is not deemed necessary by the department, and a base
fee of one hundred thirty dollars ($130) two
hundred fifty dollars ($250) , as adjusted under Section 713,
when the department deems that an onsite investigation is necessary.
In the case of a nonresident, the base fee shall be one
hundred dollars ($100) two hundred thirty dollars
($230) , as adjusted under Section 713, when an onsite
investigation is not deemed necessary, and a base fee of two
hundred twenty dollars ($220) three hundred dollars
($300) , as adjusted under Section 713, when an onsite
investigation is deemed necessary.
(d) It is unlawful to possess a vacuum or suction dredge in areas,
or in or within 100 yards of waters, that are closed to the use of
vacuum or suction dredges, including, but not limited to, waters
closed by the department pursuant to Section 5653.7.
SEC. 2. Section 5653.6 is added to the Fish and Game Code, to
read:
5653.6. (a) As used in this section, "thermal refugia" means an
area within 500 feet up the named tributary from the confluence with
the main stem and 500 feet upstream and downstream on the main stem
from the confluence of the tributary with the main stem.
(b) Notwithstanding any other provision of law, suction dredge
mining is not permitted in the following areas:
(1) On the main stem of the Klamath River from its confluence with
the Trinity River to Iron Gate Dam, except for a period of each year
commencing July 1 and ending September 1 15
.
(2) On the following tributaries of the Klamath River at any time
of the year:
(A) Indian Creek.
(B) Elk Creek.
(C) Dillon Creek.
(D) Independence Creek.
(E) Bluff Creek.
(F) Red Cap Creek.
(G) Camp Creek.
(H) Clear Creek.
(3) On all other Klamath River tributaries, except for a period of
each year commencing July 1 and ending September 1
15 .
(4) On the main stem of the Salmon River from its confluence with
the Klamath River to the Forks of the Salmon River (the confluence of
the North and South Forks of the Salmon River) at any time during
the year.
(5) On the North and South Forks of the Salmon River, except for a
period of each year commencing July 1 and ending September
1 15 .
(6) On the following tributaries of the Salmon River at any time
of the year:
(A) Butler Creek.
(B) East Fork Knownothing Creek.
(C) Indian Creek.
(D) Kelly Gulch.
(E) Knownothing Creek.
(F) Little North Fork.
(G) Methodist Creek.
(H) Negro Creek.
(I) Nordheimer Creek.
(J) Specimen Creek.
(7) On the Scott River from its mouth to headwaters, except for a
period of each year commencing July 1 and ending September 1
15 .
(8) On the following tributaries of the Scott River at any time of
the year:
(A) Big Mill Creek (East Fork).
(B) Boulder Creek (South Forks Fork
).
(C) Canyon Creek.
(D) Etna Creek.
(E) French Creek.
(F) Kangaroo Creek (East Fork).
(G) Kelsey Creek.
(H) Kidder Creek.
(I) McAdam Creek.
(J) Mill Creek (Scott Bar).
(K) Mill Creek (also known as Shackleford/Mill Creek).
(L) Miners Creek.
(M) Moffett Creek.
(N) Patterson Creek.
(O) Shackleford Creek.
(P) South Fork Scott River.
(Q) Sugar Creek.
(R) Tompkins Creek.
(S) Wildcat Creek.
(T) Woolriver Wooliver Creek.
(c) Suction dredge mining is not permitted at any time in the
following thermal refugia:
(1) The thermal refugia on all direct tributaries on the Klamath,
Salmon, and Scott Rivers that are closed to suction dredge mining for
the entire year as listed in subdivision (b).
(2) The thermal refugia areas at the confluence of the following
tributaries with the main stem of the Klamath River:
(A) Beaver Creek.
(B) Bluff Creek.
(C) Bogus Creek.
(D) Boise Creek.
(E) Camp Creek.
(F) Clear Creek.
(G) Coon Creek.
(H) Elk Creek.
(I) Grider Creek.
(J) Hopkins Creek.
(K) Horse Creek.
(L) Hunter Creek.
(M) Independence Creek.
(N) Indian Creek.
(O) Irving Creek.
(P) Little Grider Creek.
(Q) Pearch Creek.
(R) Pewan Creek.
(S) Red Cap Creek.
(T) Rogers Creek.
(U) Salmon River.
(V) Salt Creek.
(W) Scott River.
(X) Slate Creek.
(Y) Swillup Creek.
(Z) Thomas Creek.
(AA) Ti Creek.
(AB) Tom Marten Creek.
(AC) Trinity River.
(AD) Ukonom Creek.
(3) The thermal refugia at the confluence of all tributaries on
the North Fork of the Salmon River from Eddie Gulch to the Forks of
the Salmon (confluence of the North and South Forks of the Salmon
River) and Crapo Creek on the mainstem below the Fork of the Salmon.
(d) Suction dredge mining on any water listed in this section
during a period established in this section shall be permitted in
accordance with Section 5653.
(e) A violation of subdivision (b) or (c) shall be subject to the
same penalty as that provided for permit violations in subdivision
(b) of Section 5653.
(f) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2011, deletes or
extends that date. , prior to January 1, 2011, the
director certifies to the Secretary of State that both of the
following have occurred, in which case this section shall
be repealed on the date of that certification:
(1) The department has completed the environmental review of its
existing suction dredge mining regulations, as ordered by the court
in the case of Karuk Tribe of California et al. v. California
Department of Fish and Game et al., Alameda County Superior Court
Case No. RG 05211597.
(2) The department has transmitted for filing with the Secretary
of State pursuant to Section 11343 of the Government Code, a
certified copy of the new regulations adopted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, whichever occurs first.
SEC. 3. Section 5653.7 of the Fish and Game Code is amended to
read:
5653.7. (a) In the event of an unanticipated water level change,
if the department determines that it is necessary to protect fish and
wildlife resources, the department may close areas that were
otherwise opened for dredging and for which permits were issued
pursuant to Section 5653.
(b) In addition to those Wild and Heritage Trout waters designated
pursuant to Section 1726.4 or Fish and Game
Commission policy or Section 7260 where motorized suction
dredging is not permitted at any time by Section 228.5 of Title 14 of
the California Code of Regulations, motorized suction dredging shall
not occur within the following stream and river segments and lakes:
(1) Bear Creek, from Bear Valley Dam (impounding Big Bear Lake)
downstream to the confluence with the Santa Ana River (San Bernardino
County).
(2) Clavey River, upstream from the confluence with the Tuolumne
River, excluding tributaries (Tuolumne County).
(3) Fall River, from Pit No. 1 Powerhouse intake upstream to its
origin at Thousand Springs including Spring Creek, but excluding all
other tributaries (Shasta County).
(4)
(1) Feather River, Middle Fork, from Oroville Reservoir
upstream to the Sloat vehicle bridge, excluding tributaries (Butte
and Plumas Counties).
(5) Hat Creek, from Lake Britton upstream to Hat No. 2 Powerhouse
(Shasta County).
(6) Kings River, from Pine Flat Lake upstream to the confluence
with the South and Middle Forks excluding tributaries; South Fork
from the confluence with the Middle Fork upstream to the western
boundary of Kings Canyon National Park excluding tributaries (Fresno
County).
(7) Lavezolla
(2) Lavezola Creek (Sierra
County).
(8) Merced River, from Yosemite National Park boundary downstream
to the Foresta Bridge; South Fork from the confluence with the
mainstem upstream to the western boundary of Yosemite National Park,
excluding tributaries (Mariposa County).
(9)
(3) Nelson Creek, upstream from the confluence with the
Middle Fork Feather River excluding tributaries (Plumas County).
(10)
(4) North Fork American River, from the Iowa Hill
Bridge to the confluence with Lake Clementine (Placer County).
(11)
(5) Rubicon River, from the confluence with the Middle
Fork American River upstream to Hell Hole Dam excluding tributaries
(Placer County).
(12) Stanislaus River, Middle Fork from Beardsley Afterbay Dam to
the Sand Bar Diversion Dam (Tuolumne County).
(13) Truckee River, from the confluence with Trout Creek
downstream (excluding the property owned by the San Francisco Fly
Casters Club) to the confluence with Gray Creek (Nevada County).
(14) Upper Truckee River, including tributaries, upstream from the
confluence with Showers Lake (El Dorado and Alpine Counties).
(15) Yellow Creek, from Big Springs downstream to the confluence
with the North Fork of the Feather River (Plumas County).
(c) The Legislature finds and declares that the amendments to this
section made during the 2007-08 Regular Session apply solely to
suction dredging activities conducted for instream goldmining
purposes. This section does not expand or provide new authority for
the department to close or regulate dredging conducted for flood
control or navigational purposes governed by other state or federal
law.
(d) This section does not prohibit or restrict nonmotorized
recreational mining activities, such as gold panning.
(e) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2011, deletes or
extends that date. 2011, and as of that date is
repealed, unless, prior to January 1, 2011, the director certifies to
the Secretary of State that both of the following have occurred, in
which case this section shall be repealed on the date of that
certification:
(1) The department has completed the environmental review of its
existing suction dredge mining regulations, as ordered by the court
in the case of Karuk Tribe of California et al. v. California
Department of Fish and Game et al., Alameda County Superior Court No.
RG 05211597.
(2) The department has transmitted for filing with the Secretary
of State pursuant to Section 11343 of the Government Code, a
certified copy of the new regulations adopted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.
SEC. 4. Section 5653.7 is added to the Fish and Game Code, to
read:
5653.7. (a) In the event of an unanticipated water level change,
if the department determines that it is necessary to protect fish and
wildlife resources, the department may close areas that were
otherwise opened for dredging and for which permits were issued
pursuant to Section 5653.
(b) This section shall become operative on January 1, 2011 ,
unless, prior to January 1, 2011, the director certifies to the
Secretary of State that both of the following have occurred, in which
case this section shall become operative on the date of that
certification:
(1) The department has completed the environmental review of its
existing suction dredge mining regulations, as ordered by the court
in the case of Karuk Tribe of California et al. v. California
Department of Fish and Game et al., Alameda County Superior Court No.
RG 05211597.
(2) The department has transmitted for
filing with the Secretary of State pursuant to Section 11343 of the
Government Code, a certified copy of the new regulations adopted
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code .
SEC. 5. Section 6217.1 of the Public
Resources Code is amended to read:
6217.1. (a) This section and the process described in this
section governs the expenditure of any funds received by the State of
California from the federal government for the purposes of salmon
and steelhead trout conservation and restoration, the expenditure of
funds authorized for the Coastal Watershed Salmon Habitat Program
pursuant to Article 7 (commencing with Section 79104.200) of Chapter
6 of Division 26 of the Water Code, and the expenditure of funds
appropriated to the Department of Fish and Game for salmon and
steelhead trout conservation and restoration from the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Fund pursuant to Article 5 (commencing with Section
5096.650) of Chapter 1.696 of Division 5 of the Public Resources
Code.
(b) For purposes of this section, "project" means an activity that
improves fish habitat in coastal waters utilized by salmon and
anadromous trout species.
(c) (1) The Department of Fish and Game shall grant funds from the
Salmon and Steelhead Trout Restoration Account in the Resources
Trust Fund, as follows:
(A) At least 87.5 percent of the funds shall be allocated as
project grants through the existing grant program operated by the
fisheries management program of the Department of Fish and Game.
(B) Not more than 12.5 percent of the funds may also be used for
project contract administration activities and biological support
staff.
(2) (A) A project shall require the consent of a willing
landowner, and emphasize the development of coordinated watershed
improvement activities.
(B) Projects that restore habitat for salmon and anadromous trout
species that are eligible for protection as listed or candidate
species under state or federal endangered species acts shall be given
top funding priority.
(C) Projects shall be cost-effective and treat causes and not
symptoms of fish habitat degradation. Projects may implement
instream, riparian, water quality, water quantity, and watershed
prescriptions and shall be designed to restore the structure and
function of fish habitat.
(3) Any grant funds allocated to a project that exceed the actual
cost of completing the project shall be returned to the Salmon and
Steelhead Trout Restoration Account.
(d) (1) A citizen's advisory committee shall be appointed by the
Director of Fish and Game to give advice on the grant program.
(2) The advisory committee shall consist of seven representatives
recommended by the California Advisory Committee on Salmon and
Steelhead Trout, one representative from the agriculture industry,
one representative from the timber industry, one representative of
public water agency interests, one academic or research scientist
with expertise in anadromous fisheries restoration, and three county
supervisors from coastal counties in which anadromous trout exist.
The county supervisor members shall be recommended by the California
State Association of Counties.
(3) The advisory committee shall provide oversight of, and
recommend priorities for, grant funding under this section. In making
funding decisions, the Department of Fish and Game shall consider
the project selection priorities established by the advisory
committee.
(4) Members of any advisory committee established for these
purposes shall be reimbursed for travel and incidental expenses
related to the performance of their duties under this section.
Reimbursement for the advisory committee created pursuant to this
section shall be made from the funds designated in subparagraph (B)
of paragraph (1) of subdivision (c). Reimbursement for other
Department of Fish and Game salmon and steelhead trout advisory
committees shall be funded by appropriate sources.
(5) If a member of the advisory committee, or a member of his or
her immediate family, is employed by a grant applicant, the employer
of a grant applicant, or a consultant or independent contractor
employed by a grant applicant, the advisory committee member shall
make that disclosure to the other members of the committee, and shall
not participate in reviewing or making recommendations on the grant
application of that applicant.
(e) Except as provided in subdivision (f), the money in the Salmon
and Steelhead Trout Restoration Account shall be allocated as
follows:
(1) Not less than 65 percent of the money shall be used for salmon
habitat protection and restoration projects. Of that amount, at
least 75 percent shall be used for watershed (upslope) and riparian
area protection and restoration activities. These activities may
include, but are not limited to, grants to acquire and install fish
screens to protect juvenile and adult salmon and steelhead trout from
entrapment in water diversions, and grants to remove substandard
culverts, stream crossings, and bridges that constitute barriers to
spawning of salmon and steelhead trout and passage of fish. These
funds may also be used for the acquisition, from willing sellers, of
conservation easements for riparian buffer strips along coastal
rivers and streams to protect salmon and steelhead trout habitat or
for projects that protect and improve water quality and quantity.
(2) Up to 35 percent of the money shall be allocated for any of
the uses listed in this paragraph.
(A) Watershed evaluation, assessment, and planning necessary to
develop a site-specific and clearly prioritized plan to implement
watershed improvements.
(B) Multiyear grants for watershed planning and project monitoring
and evaluations.
(C) Watershed organization support and assistance.
(D) Project maintenance and monitoring after the project
implementations are complete.
(E) Public school watershed and fishery conservation education
projects.
(F) Private sector technical training and education project
grants, including teaching private landowners about practical means
of improving land and water management practices that, if
implemented, will contribute to the protection and restoration of
salmon stream habitat; scholarship funding for workshops and
conferences that teach restoration techniques; operation of nonprofit
restoration technical schools; and production of restoration
training and education workshops and conferences.
(G) Fish and wildlife habitat improvements, as defined by Section
4793, and authorized under the California Forestry Incentive Program
(CFIP).
(H) The salmon restoration project of the California Conservation
Corps.
(I) The state's share of the federal Watershed Stewards Program.
(J) Monitoring projects that utilize protocols approved by the
Department of Fish and Game and the National Marine Fisheries Service
(NMFS) to provide baseline or trend data, or both, for anadromous
fish populations or the physical and biological factors known to be
limiting recovery.
(K) Artificial propagation programs designed to restore depleted
stocks of salmonids that comply with the directives of the joint
Department of Fish and Game and NMFS Hatchery Operations Review
Committee.
(3) Notwithstanding the percentage
split set forth in paragraphs (1) and (2), money in the Salmon and
Steelhead Trout Restoration Account may be allocated by the
Department of Fish and Game for the purposes of conducting court
ordered environmental review of its existing suction dredge mining
permitting program pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000)) and to promulgate
regulations, as necessary, pursuant to the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code), to protect Coho
salmon, other species listed as threatened or endangered, and other
special status species, as ordered by the court in the case of Karuk
Tribe of California et al. v. California Department of Fish and Game
et al., Alameda County Superior Court Case No. RG 05211597.
(f) The advisory committee, in any fiscal year, may make a
recommendation to the Department of Fish and Game to allocate money
from the Salmon and Steelhead Trout Restoration Account for the
purposes stated in subdivision (e), but in different percentage
requirements than the 65/35 split stated in paragraphs (1) and (2) of
that subdivision. Following that recommendation, the Director of
Fish and Game may suspend the percentage requirements stated in
paragraphs (1) and (2) of subdivision (e) for that fiscal year only.
SEC. 5. SEC. 6. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.