Use of vacuum or suction dredge equipment.

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 Wildlife. Existing law requires the department to issue a permit if the department determines that the use does not cause any significant effects to fish and wildlife and would authorize the department to adjust the specified fee to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. Existing law prohibits the use of any vacuum or suction dredge equipment in any river, stream, or lake of this state until the Director of Fish and Wildlife makes a prescribed certification to the Secretary of State. Existing law authorizes the State Water Resources Control Board or a California regional water quality control board to adopt waste discharge requirements or a waiver of waste discharge requirements that address certain water quality impacts, specify conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, or prohibit particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals, that the state board or a regional board determines generally cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses. Existing law provides that for the purpose of these provisions that the use of vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream or lake in order to recover minerals. This bill would instead provide for the purpose of these provisions that the use of vacuum or suction dredge equipment means the use of any equipment that removes minerals and water in conjunction to process and recover minerals. Existing law provides that the prohibitions and requirements relating to suction dredging do not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. This bill would instead provide that the above-described prohibitions and requirements do not apply to, prohibit, or otherwise restrict any equipment that does not transport mineral bearing material through a suction or nozzle.