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Legal Activity is Heating up Again! ( 19:19:16 SunMar 9 2008 )

Legal action is starting to heat up in California again. The Karuk Tribe has become very unhappy because the Department of Fish & Game (DFG) has told the Court that it does not have the necessary funding to update its Environmental Review of our existing suction dredging regulations until at least 2009. This would be a violation of the Court’s Order ( Consequently, the Karuks have put the Court on notice of their intention to file a motion with the Court to hold DFG in contempt. They also have informed the Court that they are studying other alternatives, which may include renewed efforts to shut down suction dredgers with an injunction.

Since DFG is not going to review suction dredging regulations in the immediate future, and the Karuks are not going to relax their concerns, we anticipate that this is going to evolve into some sort of contested hearing at some level where evidence will be weighed on the question of whether or not existing suction dredge regulations in California are providing adequate protections for coho salmon and/or other species of special concern.

While we are confident that best available science and information will support our existing suction dredge regulations, it is going to be vitally important for us to have a highly-qualified fisheries specialist present our arguments as an expert witness. We have already instructed our attorneys to hire an expert to begin the work of compiling a Biological Opinion which supports a sound, scientific point of view with a reasonable perspective.

I hope you guys will support us on this, because there is going to be a considerable cost involved with having a highly-qualified expert help us present a full biological argument in support of the existing suction dredge regulations.

By the way, this Biological Opinion should be able to help just as well in defending or opening up suction dredging activity in other states and countries!

We had anticipated the need to do this as part of the Environmental Review process. But now we are on more of a fast-track, since it is more likely that the “Review” of our dredge regulations will happen in a court setting.

Our legal bills are presently fully paid to date, but our legal fund only contains $306 at the moment. That is not enough to launch ourselves into this next program. So, we are asking everyone to please participate in our legal fundraising effort, as follows:

Long-time member and supporter, Roger Larson, has donated 46 pennyweights (over 2 1/4 ounces) of beautiful gold to our legal fund. There are more than 90 nice-sized nuggets in the batch. This was a fantastic contribution, and I personally want to thank Roger very much on behalf of our whole industry!

To help raise money for our legal fund, Roger suggested that we distribute the gold into numerous bags of gold panning ore which can be used as prizes in a drawing. With that in mind, Roger sent more then 90 gold nuggets, so that we can disburse them to make some bags more interesting than others (nice treat to pan out a surprise gold nugget!) Some of the nuggets are real nice pickers!

With Roger’s suggestion in mind, we will create 46 bags of gold panning ore, each to contain a pennyweight or more of gold, including at least one gold nugget. The remaining nuggets will be disbursed throughout the bags. This will place the gold-weight value of each bag at around $50 or more at today’s gold price. Since some of the nuggets are bigger and more valuable than others, some of the bags will be worth more than others. Surprise, surprise!

While we are not selling raffle tickets, we have been authorized by Roger to submit a drawing ticket for each $10 in contributions that we receive from those of you who support our legal fund ($100 would create 10 tickets, etc.). Our girls in the office will print your tickets as we receive contributions. The prize drawing will take place during our weekly potluck at the Happy Camp Lions Hall on the evening of 7 June.

Contributions can be directed to New 49’er Legal Fund, P.O. Box 47, Happy Camp, CA 96039. You can also call in a debit or credit card contribution to our office at (530) 493-2012. Or you can make a contribution through the "Make A Donation" link further up on this page.

Thanks for whatever you can do to help!

334 posts
Re: Legal Activity is Heating up Again! ( 13:45:05 TueMar 11 2008 )

Its occurred to me on this and other issues , that when an anti [ anything ] group looses , but continue to waste the tax payers money , that a class action suite , for frivolous use of the courts .
I'm out of work , but when money starts coming in , I will send in more .
Thanks to this site being here , John


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