dfg Emergency dredging definition approved

This is easy to figure out get a ticket and see what the judge well say. He will say this is money to the state , it dont matter metal, mineral they just dont want use outdigging dirt ........... just my 2 cents. if you had enough money to pay fees and permits try to get a ok to backhoe that creek not going to happen.this is just pissing me off. have a great day Chris
 

Hello Chris

You are right on.
we are in central calif also. fresno/clovis area
 

OK so it's a mineral.

The people involved in all of this are a bunch of morons who ignore the required process. If I was in California I would dredge. When given a ticket I would say the amended "Definition" was not legally amended. That it did not constitute an emergency by their own definition of an emergency.

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Administrative Procedure Act: Emergency Regulation Process - Office of Administrative Law

What constitutes an emergency?

"'Emergency' means a situation that calls for immediate action to avoid serious harm to the public peace, health, safety, or general welfare." (Government Code section 11342.545.) In order for an emergency regulation to be approved, an emergency must be shown to exist.
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Changing the "Definition" of a dredge is surely not something that constitutes an emergency.

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How does an agency demonstrate that an emergency situation exists?

Unless a situation is expressly deemed in statute to be an emergency, an agency must make a finding of emergency by describing specific facts supported by substantial evidence that demonstrate the existence of an emergency and the need for immediate adoption of the proposed regulation. In addition, if the emergency existed and was known by the agency in sufficient time to have been addressed through nonemergency regulations, the finding of emergency shall include facts explaining the failure to address the situation through nonemergency regulations. A finding of emergency based only upon expediency, convenience, best interest, general public need, or speculation, is not adequate to demonstrate the existence of an emergency. (Government Code section 11346.1(b)(2).)
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What they did was amend a definition. A definition is not a REGULATION

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Upon submission of the proposed emergency regulation(s) to OAL by the agency, the regulation text and the finding of emergency will be posted on OAL's web site. It is important for the public to monitor the OAL web site to determine when this posting event actually occurs. The public may submit comments to OAL regarding the proposed emergency regulations for five calendar days after OAL posts the notice of the pending emergency action on the OAL web site unless "the emergency situation clearly poses such an immediate, serious harm that delaying action to allow public comment would be inconsistent with the public interest ." (Government Code section 11349.6(b).)

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Do you think that anyone would think that amending a definition is an emergency situation that clearly poses immediate, serious harm?

They want you to comply with their madness while they ignore what is required from them. As long as you allow them they will continue to do it and get away with it.
 

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Well i can tell you this if you were to go out in the woods with a huge drywasher on your claim with a dozer and backhoe film it put it on utube ,show them what you are doing then there would be a new law to stop that also, you rights are no good now, they will keep you in court tell you give up, or run out of money. This wont stop till all mining is gone,you see utube and internet are not your friend when you show everything that you do. Days of old somebody had to drive or walk passed what you were working on now all you have to do is go to utube and watch. That's all they need to see. Chris O hi dredgeman i'm sure we know each other.
 

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The eminent domain clause of the Fifth Amendment to the U.S. Constitution limits the power of state and federal governments to impinge on the riparian rights of landowners by prohibiting the enactment of any laws or regulations that amount to a "taking" of private property. Laws and regulations that completely deprive a riparian owner of legally cognizable water rights constitute an illegal governmental taking of private property for Fifth Amendment purposes. The Fifth Amendment requires the government to pay the victims of takings an amount equal to the fair market value of the water rights.
 

Call me crazy but I have had a lot of time to think about this whole thing......Since they have changed the reason's for all of this several times,and jump from one thing to the next,as we dis-prove their faulted science,I truly beleive there is a deepr root to all of this.If you are poor and cant be self sufficient,you rely on those who can provide for you(The Gov)giving them full power over you.I am not a conspiracy type of guy,but by god you look at some of the things going on and the writing is on the wall.Calif is the richest state in the Union,as far as a place where we can just go dig up a new car,or a house or hell even a meal....this is where it begins
 

Kuger I think there is an element of that going on for sure. More so the creating money out of thin air. You and I both know that's only reserved for the Feds. I also think there's a tax angle to it as well. The government can't track something you pull out of a river and then turn into cash. The way they see it is your stealing their money from their resources.

Anyways I think most of this crap stems from the if it feels good, then do it crowd. The only problem with these type of people is that if it doesn't feel good to them, then you shouldn't do it either. Your only free to do what they feel is right.

Sadly this type of dictatorship through popular opinion, or at the least perceived popular opinion leads only to one of 2 out comes. Surrender or an uprising.
 

Yea you might be correct Kuger...but what I cant understand is the fact that it isnt about the kids or grandkids future any more either. Are these people that stupid that what they are doing today will affect their jobs, the economy of the near future, and I dont know what will be left for the future of kids and grandkids, including theirs.
I just dont understand it...period.
 

The government can't track something you pull out of a river and then turn into cash. The way they see it is your stealing their money from their resources.

Just like they did with the online purchase of cigs, sent threw the mail....they were not getting their taxes paid.
 

........I honestly beleive that's fact,same reasoning with Marijuana.Havind a lot of experience in the biology world and having a brother that has a PHD in Biology,I have seen first hand field gathered data trashed because it went against what was already politically decided before it was even studied...I have seen Biologists fired for letting out data as well
 

Like hoser said F$@# em all. You want to be the opposition? Go dredge. Bring 2 friends with ar15s. Lets see who will fight for the right thing and a free United States. Its not the government who wants freedom. YOU must want it, and take it. Dont ask, just do.
 

Us a high banker & shovel or a power sluice & shovel for now and until they ban the use of all equipment.
 

GrizzlyGremlin said:
Like hoser said F$@# em all. You want to be the opposition? Go dredge. Bring 2 friends with ar15s. Lets see who will fight for the right thing and a free United States. Its not the government who wants freedom. YOU must want it, and take it. Dont ask, just do.
Click to expand...

In the good ol' days, if someone stole your gold, it was dealt with under the oak tree. What's happened?
 

I have the 4th off. Whos got my plane ticket? Ill dredge the DES water fountain! I dont care if i get arrested ill never live in California or most likely ever be back
 

CharlesP said:
Kuger I think there is an element of that going on for sure. More so the creating money out of thin air. You and I both know that's only reserved for the Feds. I also think there's a tax angle to it as well. The government can't track something you pull out of a river and then turn into cash. The way they see it is your stealing their money from their resources.

Anyways I think most of this crap stems from the if it feels good, then do it crowd. The only problem with these type of people is that if it doesn't feel good to them, then you shouldn't do it either. Your only free to do what they feel is right.

Sadly this type of dictatorship through popular opinion, or at the least perceived popular opinion leads only to one of 2 out comes. Surrender or an uprising.
Click to expand...

It's not only a tax thing, it is a control thing. In Obama's Health Care Package, there is a clause that states that the government will now track all transactions of gold over $600. It has nothing to do with Health Care, it is all about tracking who has the gold (and guns) so that the government knows who they need to squash to control the population.
 

Court Date to Contest Emergency Rulemaking Scheduled July 2 Yreka

The New 49ers are contesting the emergency rule making DFG has promulgated to kill gravel transfer systems tomorrow in Yreka, CA. They are asking for any miners that can make it to attend. Follow the link below for more details.

The New 49'ers :: Members Forum :: Motion for Temporary Restraining Order

Personally, I'm wishing them the best of luck. They aren't going down without a fight.
 

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