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Oregon Gov. John Kitzhaber has signed a new law that will cap the number of small gold-mining suction dredge permits in Oregon to 850 annually.
Senate Bill 838, which was strongly opposed by miners, also prohibits year-round mining in salmon spawning areas.
The signed bill is a compromise with three main sections to be implemented over the next three years. Beginning in 2014, the number of suction dredge gold mining permits issued statewide in Oregon will be ratcheted down to 850, the number of suction dredge permits that existed in 2009 before California decided to ban suction dredge mining, sending those small/hobbyist miners to mine gold in Oregon.
Conservation and sports fishery groups estimated that between 2005-2012 there was a 580% increase in suction dredge mining in Oregon, more than quadrupling the permits issued from 414 to 2,409 allowed this year. The Oregon Department of Environmental Quality estimated that Californians who hold Oregon suction dredge permits increased to 85 last year. The legislation gives preference to long-time Oregon suction dredge gold miners.
The law mandates new restrictions on when, where and how dredging can take place. For instance, it limits the number of miners to one every 500 feet on a river. Another provision states the equipment cannot be left unattended and can only be operated between 9 a.m. and 5 p.m.
The second portion of the law directs the Governor’s Office to lead state agencies in developing a new comprehensive regulatory framework—aimed at meeting reasonable protections for threatened and endangered salmon and trout, while also simplifying the state’s current complex permitting process for suction dredging. The legislation will be presented to the 2015 Oregon Legislature for their approval.
The third and final section of the bill—a five-year moratorium on suction dredging in salmon habitat—will only go into effect if the 2015 Legislature fails to adopt the governor’s proposed new regulations. The bill also calls on the governor to bring miners, sports fishery and other interest groups to report in 2014 what parts of the new law are working and what are not.
Miners contend the mining technique is harmless and improves fish habitat by breaking up stream bottoms to improve spawning and by removing harmful metals such as mercury. They argue that the state has no authority to prohibit mining on federal land. Several southern Oregon mining associations plan to file lawsuits against the new law.
Tim Stanley of the Jefferson Mining District told lawmakers that miners have only been allowed in rivers during the summer months, after salmonids have emerge from the gravel.
However, state and federal appellant courts in California have upheld bans on suction mining in fishery areas. Idaho suction dredge miners now are required to get a permit from the Environmental Protection Agency to restrict mining from stirring up sediment believed harmful to salmon along the Idaho Salmon River. Other Idaho waters are also closed to suction dredge mining.
The Oregon bill was a compromise from an earlier proposal by environmental and sports fishery interests to impose a total ban on gold dredging on salmon rivers through wild and scenic river designations in Oregon.
Forrest English of the Rogue Riverkeeper told Oregon Public Broadcasting, “The big change is, starting next year, we’ll see two-thirds less dredges on Oregon’s rivers and streams.”
However, the Oregon measure specifies that it cannot be applied to any mining operation with an operating permit from the State Department of Geology and Mineral Resources.
Senate Bill 838, which was strongly opposed by miners, also prohibits year-round mining in salmon spawning areas.
The signed bill is a compromise with three main sections to be implemented over the next three years. Beginning in 2014, the number of suction dredge gold mining permits issued statewide in Oregon will be ratcheted down to 850, the number of suction dredge permits that existed in 2009 before California decided to ban suction dredge mining, sending those small/hobbyist miners to mine gold in Oregon.
Conservation and sports fishery groups estimated that between 2005-2012 there was a 580% increase in suction dredge mining in Oregon, more than quadrupling the permits issued from 414 to 2,409 allowed this year. The Oregon Department of Environmental Quality estimated that Californians who hold Oregon suction dredge permits increased to 85 last year. The legislation gives preference to long-time Oregon suction dredge gold miners.
The law mandates new restrictions on when, where and how dredging can take place. For instance, it limits the number of miners to one every 500 feet on a river. Another provision states the equipment cannot be left unattended and can only be operated between 9 a.m. and 5 p.m.
The second portion of the law directs the Governor’s Office to lead state agencies in developing a new comprehensive regulatory framework—aimed at meeting reasonable protections for threatened and endangered salmon and trout, while also simplifying the state’s current complex permitting process for suction dredging. The legislation will be presented to the 2015 Oregon Legislature for their approval.
The third and final section of the bill—a five-year moratorium on suction dredging in salmon habitat—will only go into effect if the 2015 Legislature fails to adopt the governor’s proposed new regulations. The bill also calls on the governor to bring miners, sports fishery and other interest groups to report in 2014 what parts of the new law are working and what are not.
Miners contend the mining technique is harmless and improves fish habitat by breaking up stream bottoms to improve spawning and by removing harmful metals such as mercury. They argue that the state has no authority to prohibit mining on federal land. Several southern Oregon mining associations plan to file lawsuits against the new law.
Tim Stanley of the Jefferson Mining District told lawmakers that miners have only been allowed in rivers during the summer months, after salmonids have emerge from the gravel.
However, state and federal appellant courts in California have upheld bans on suction mining in fishery areas. Idaho suction dredge miners now are required to get a permit from the Environmental Protection Agency to restrict mining from stirring up sediment believed harmful to salmon along the Idaho Salmon River. Other Idaho waters are also closed to suction dredge mining.
The Oregon bill was a compromise from an earlier proposal by environmental and sports fishery interests to impose a total ban on gold dredging on salmon rivers through wild and scenic river designations in Oregon.
Forrest English of the Rogue Riverkeeper told Oregon Public Broadcasting, “The big change is, starting next year, we’ll see two-thirds less dredges on Oregon’s rivers and streams.”
However, the Oregon measure specifies that it cannot be applied to any mining operation with an operating permit from the State Department of Geology and Mineral Resources.
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