5/6/15 reposting new 49ers email dredging update:

In a surprising oral ruling on 30 April in San Bernardino, 
Judge Ochoa instructed our attorney that we could not file
for injunctive relief in Siskiyou County to prevent California
Department of Wildlife (DFW) wardens from enforcing the
unconstitutional suction dredge moratorium. The judge instructed
that our motion for injunctive relief should be decided in his
own courtroom at 8:30 am on the 23rd of June. The good news is
that he also suggested that he is inclined to grant us the
relief we are asking for.

Therefore, the existing status quo has not changed. Prospectors
believe Judge Ochoa’s Ruling allows us the right to operate our
dredges. More dredgers are arriving in Happy Camp by the day to
begin the 2015 season. DFW wardens warn that they will be out
seizing dredging gear that is in violation of the unconstitutional
moratorium. And Judge Ochoa ruled that there will be no civil
remedy available for dredgers to stop the unlawful conduct of DFW
wardens for another 8 weeks or so. 

But in a surprising turn of events on the first of May, California
Fish & Wildlife (DFW) wardens arrested two suction dredgers on the
Klamath River who had recently discovered a very substantial underwater gold deposit. The arrest was because they refused to
sign the citations they were being issued. The citations were written
for violating the unlawful moratorium and 2012 regulations, both which
have already been struck down by Judge Ochoa in San Bernardino County. 
This case will allow our Siskiyou County Court to decide in early June
if wardens have any authority to enforce a moratorium that has already
been struck down as illegal.

This whole ever-evolving situation is like something out of a science
fiction story!  You can read all about it in our video-enhanced free
May newsletter right here:


For those of you who are not yet New 49'ers members, please
consider the special half-price offer on Associate Membership
that we are extending to our Internet subscribers:


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All the best,

Dave Mack

Posted by Harrigan at 9:18 AM