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California Suction Dredge Regulations - Dredging Restrictions

UPDATE APRIL 2010: REFUNDS MAY SOON BE AVAILABLE FOR DREDGE PERMITS ISSUED PRIOR TO THE CA SUCTION DREDGE BAN. ----- How generous of them to refund everyone's money after flat out stealing it and depriving everyone of their rights.



UPDATE AUGUST 2009: CA governor has approved new legislation banning all suction dredging within CA until a study is completed by the department of fish and game to determine if dredging is harmful to fish populations. We view this new restriction as completely unnecessary and based on seriously flawed information provided by biased sources. Several law suits are in the works by various groups seeking to overturn this unnecessary legislation. For more info on protecting our rights as citizens please contact: Public Land for the People at www.plp2.org

Below is the html version of the former file laying out past restrictions which were already in effect. http://www.dfg.ca.gov/licensing/pdffiles/SuctionDredgeRegs.pdf.

Page 1 State of California – The Resources Agency ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF FISH AND GAMEhttp://www.dfg.ca.govConserving California’s Wildlife Since 1870LAS 9008(Rev. 07/06) TO:

All Suction Dredge Permittees Attached at the end of this document are the Department of Fish and Game’s current regulations applicable to suction dredging in rivers, streams, and lakes.

To use the regulations, follow the steps below.

Step 1: Review the general regulations on suction dredging (Cal. Code Regs., tit. 14, § 228), especially the sections on “Equipment Requirements” (Cal. Code Regs., tit. 14, § 228(e)) and “Restrictions on Methods of Operation” (Cal. Code Regs., tit. 14, § 228(f)).

Step 2: To determine the season during which suction dredging is allowed and any special restrictions that apply to the stream, river, or lake in which you intend to suction dredge, complete the following steps: 1. Note the classifications (Classes A–G) in section 228.5(a) under “Suction Dredge Use Classifications and Special Regulations.” The classifications specify the time period when suction dredging is allowed. 2. Find the name of the river, stream, or lake in which you intend to suction dredge in section 228.5(d). Any special restrictions will be listed. If the stream, river, or lake is not listed by name in section 228.5(d), go to step 3. If you intend to suction dredge in the Klamath, Scott, or Salmon Rivers, or their tributaries, please see the attached “Additional Information Concerning Suction Dredging.” 3. In section 228.5(b), find the county where the river, stream, or lake you intend to suction dredge is located and note the classification. The classification for that county will govern when you may suction dredge. Step 3: Carefully read the attached “Additional Information Concerning Suction Dredging” for more information.If you have any questions regarding suction dredging, contact the Department regional office that serves the county where you intend to suction dredge. The regional offices are listed in the general and special suction dredge applications and at www.dfg.ca.gov/licensing/officelocation.html. -------------------------------------------------------------------------------- Page 2 2ADDITIONAL INFORMATION CONCERNING SUCTION DREDGING1. General Information The regulations in Sections 228 and 228.5 of title 14 in the California Code of Regulations generally govern suction dredging in California. In addition to those regulations, other laws, regulations, and policies may apply, including, but not limited to, the following: • A suction dredge permit does not allow trespassing. Be sure you have permission from the landowner or the land managing agency before entering private and public lands. • Substantially altering the flow, or the bed, bank, or channel, of a river, stream, or lake may require a Lake or Streambed Alteration Agreement. Contact your local Department of Fish and Game office for details. • Waters in National Parks, National Monuments, State Parks, and designated wilderness areas may be closed to suction dredging. Contact the appropriate agency for details. • Some waters in the San Gabriel Mountains are closed. Contact the Angeles National Forest before suction dredging in those waters. • Portions of the Sequoia and Sierra National Forests, designated as the Kings River Special Management Area, are closed to suction dredging. Contact the appropriate U.S. Forest Service office for details. • The Auburn State Recreation Area has special restrictions on suction dredging. Contact the Auburn State Recreation Area office for details. • Suction dredging may be restricted in waters designated under the state and federal Wild and Scenic Rivers Acts. Waters designated under the acts include portions of the American River (North Fork and Lower American River), Big Sur River, Eel River, Feather River, Kern River, Kings River, Klamath River, Merced River, Sespe Creek, Sisquoc River, Smith River, Trinity River, and the Tuolumne River. Contact the state Resources Agency or federal land managing agency for details. 2. Special Suction Dredge PermitsThe Department may not issue special suction dredge permits to suction dredge in closed areas or during closed seasons. The Office of the Attorney General has advised the Department that to the extent the regulations allow the Department to issue such special permits, they are invalid because they exceed the scope of the Department’s statutory authority under Fish and Game Code section 5653. As a result, the Department no longer accepts applications for special permits to suction dredge in -------------------------------------------------------------------------------- Page 3 3closed areas or during closed seasons. However, the Department may still issue special permits to suction dredge with an intake nozzle larger than prescribed in the regulations, subject to compliance with the California Environmental Quality Act. 3. Suction Dredging in the Klamath, Scott, and Salmon Rivers, and Their TributariesOn November 30, 2005, the Department of Fish and Game began issuing 2006 suction dredge permits subject to new restrictions in the Klamath, Scott, and Salmon Rivers, and their tributaries. The new restrictions resulted from a lawsuit against the Department by the Karuk Tribe of California. (Karuk Tribe of California et al. v. California Department of Fish and Game, Super. Ct. Alameda County Case No. RG05 211597.) The new restrictions modified the Department’s existing regulations governing suction dredge mining in California. (Cal. Code Regs., tit. 14, §§ 228, 228.5.) On June 16, 2006, the trial court issued an order in the Karuk litigation. As a result of that order, suction dredge permits issued by the Department on or after November 30, 2005, are no longer subject to the new restrictions. All suction dredge permits issued by the Department are subject only to the existing regulations governing suction dredge mining in California and other applicable laws. The suction dredge permitting program administered by the Department is the subject of ongoing litigation. The litigation may affect suction dredge permits issued by the Department and the suction dredge permitting program generally. The Department will notify suction dredge permittees if the litigation affects suction dredge permits issued by the Department.Consistent with existing regulations, all persons who obtain a suction dredge permit issued by the Department are subject to applicable state and federal law, including the California Endangered Species Act (CESA). A suction dredge permit issued by the Department does not authorize “take” of species protected by CESA resulting from suction dredging, including take of spawn, ova and other life stages of protected fish species. For purposes of state law, “take” means hunt, pursue, catch, capture, or kill, or the attempt to do any such activity. (Fish & G. Code, § 86.) Take of species protected by CESA may be authorized by the Department only as provided by the California Fishand Game Code. All persons who suction dredge within California must avoid take of state and federally protected species unless they obtain an incidental take permit or other appropriate take authorization under applicable state and federal law. In addition, all persons who obtain a suction dredge permit issued by the Department are hereby notified that fish and wildlife species protected by CESA and the federal Endangered Species Act may be present in areas where suction dredge mining is permitted by state law. These areas include the Klamath, Scott and Salmon Rivers, and -------------------------------------------------------------------------------- Page 4 4their tributaries. Species protected by CESA that may be present in these river systems include coho salmon (Oncorhynchus kisutch). For more information regarding fish and wildlife species protected by state and federal law that may be present in areas where suction dredging is currently authorized under state law, please contact the applicable Department Regional Office or visit the Department’s web page at www.dfg.ca.gov. -------------------------------------------------------------------------------- Page 5 DEPARTMENT OF FISH AND GAME REGULATIONS CONCERNING SUCTION DREDGING Sections 228 and 228.5, Title 14, California Code of Regulations § 228. Suction Dredging.

For purposes of these regulations, suction dredging (also called vacuum dredging) is defined as the use of a suction system to remove and return material at the bottom of a stream, river, or lake for the extraction of minerals.

Suction dredges may only be used pursuant to the following provisions: (a) Permit requirement. Every person who operates the intake nozzle of any suction dredge shall have a suction dredge permit in his/her immediate possession. Suction dredge permits shall be valid from the first of the year for one calendar year or if issued after the first of the year, for the remainder of that year. The department will charge a fee for each suction dredge permit pursuant to Section 5653(c), Fish and Game Code. Permits may be obtained at any Regional office or at the License and Revenue Branch office. Any person with a qualifying disability under the Americans with Disabilities Act, who presents a Disabled Person DMV registration or other State, or Federal approved documentation of disability, and who requires assistance in operating a suction dredge may also apply for an assistant suction dredge permit. Any assistant suction dredge permit issued by the department to such disabled person shall be in the disabled applicant's name and shall be issued at no charge. The disabled permittee must be present at the dredge site while the assistant is operating the suction dredge. The assistant shall have the assistant suction dredge permit in his/her immediate possession while assisting the disabled permittee in suction dredging activities. Any assistant may be prosecuted for a violation of the laws or regulations pertaining to suction dredging. The disabled permittee may be prosecuted for a violation of the laws or regulations pertaining to suction dredging committed by his/her assistant. (b) Special Suction Dredge Permits. (1) Submission of Written Plan. Any person may apply for a special suction dredge permit to operate a suction dredge with a nozzle larger than prescribed in subsections 228(e)(1), 228.5(c) or 228.5(d) or during the closed season or in a closed water for suction dredging by submitting a written plan detailing the proposed operation. If the department determines that no deleterious effect to fish may occur, the special permit shall be issued with conditions prescribed by the department to protect fish resources. A special permit will be issued or denied within 30 days upon receipt of a complete written plan detailing the proposed operation unless the time is intended by mutual agreement. If the special permit is denied, the justification for denial will be provided. (2) Appeal of Denial. The denial of a special suction dredge permit may be appealedin writing to the director or his/her designee (hereinafter referred to as director). If the director determines that no deleterious impacts to fish may occur, the director shall authorize the issuance of the permit. The director shall respond to an appeal within 45 days from receipt of notice of request to appeal. (c) Permit Revocation or Suspension. Any suction dredge permit, assistant suction dredge permit, or special suction dredge permit may be revoked or suspended by the regional manager or his/her designee (hereinafter referred to as regional manager) for --------------------------------------------------------------------------------

Page 6 2any violation of the laws or regulations pertaining to suction dredging. The regional manager may, in his/her discretion, revoke or suspend the permit or permit renewal or permanently revoke the renewal of a permit based on past citations or convictions of such laws or regulations. A regional manager's decision to revoke or suspend a permit or permit renewal may be appealed to the director. Any revocation or suspension of a permit or permit renewal shall be in accordance with the following provisions: (1) Hearing When Permittee Convicted of Violation. In the case where the permittee has already been convicted of a violation of Section 5653 or 5653.3 of the Fish and Game Code or any regulation pertaining thereto permitted by said code, the regional manager shall schedule a hearing to consider the revocation or suspension of his/her permit or permit renewal: (A) Notification. The regional manager shall notify the permittee, by certified letter, of the intent to consider the revocation or suspension of his/her permit or permit renewal at the hearing. The certified letter shall include the following information: 1. Name of permittee and last known address. 2. Date, time and place of scheduled hearing, 3. Reason for impending action, including a statement as to date and fact of conviction(s). 4. A copy of Section 228, Title 14, California Code of Regulations. 5. A statement that the permittee has the right to appear and to be represented by legal counsel. (B) Recording. The proceedings of the hearing shall be recorded by an electronic tape recording system. (C) Reading of Documents. At the hearing, the regional manager shall read the conviction documents. The department shall provide the regional manager with the background information regarding the violation(s) and conviction(s) and shall submit into the record a copy of the document(s) which include(s) the facts of the conviction(s) of a violation of the regulation(s) or statute. (D) Statement by Permittee. The permittee shall make his/her statement regarding the violation (s) and conviction(s), and may argue that extenuating circumstances were such as to not warrant the loss of his/her permit or permit renewal. (E) Questioning. The permittee or the department personnel may be questioned by the regional manager. (F) Findings. At the conclusion of the hearing, the regional manager shall make a decision which contains findings or reasons for the proposed action. (G) Notification by Certified Mail. After the hearing, the regional manager shall provide the permittee, by certified mail, a copy of the final decision.(H) Appeal. The permittee may request an appeal in writing to the director within 30 days of the date of receipt of the regional manager's decision. The director shall respond to an appeal in writing within 45 days from receipt of notice of request to appeal. (I) Judicial Review. The permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of the decision. The record of the proceedings shall be prepared by the department and delivered to the petitioner within 30 days after receipt of petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code. -------------------------------------------------------------------------------- Page 7 3(2) Hearing When Permittee Cited but Not Convicted. In the case where the permittee has not been convicted of a violation of Section 5653 of the Fish and Game Code or any regulation pertaining to suction dredging permitted by said code, but has been cited by the department, the regional manager shall schedule a hearing to consider the revocation or suspension of his/her permit or permit renewal: (A) Notification. The regional manager shall notify the permittee, by certified letter, of the regional manager's intent to consider the revocation or suspension of his/her permit or permit renewal at the hearing. The certified letter shall include the following information: 1. Name of permittee and last known address. 2. Date, time and place of scheduled hearing. 3. Reason for impending regional manager's action, including a concise statement of the acts or nonactions of the permittee which constitutes a violation of Section 5653 or 5653.3, of the Fish and Game Code or regulations made pursuant thereto. 4. A copy of Section 228, Title 14, California Code of Regulations. 5. A statement that the permittee has the right to appear and to be represented by legal counsel. (B) Recording. The proceedings of the hearing shall be recorded by an electronic type recording system. (C) Presentation of Evidence. The permittee and the department have the right to present evidence at the scheduled hearing as follows: 1. Oral evidence shall be taken on oath or affirmation. 2. Each party may call and examine witnesses, cross-examine opposing witnesses on any relevant matter, may rebut evidence against him/her, and may orally argue the matter. 3. The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons would rely in the conduct of serious affairs. 4. The permittee or the department may be questioned by the regional manager. (D) Findings. At the conclusion of the hearing, the regional manager shall make a decision based on the evidence presented at the hearing and shall issue written findings containing reasons for the decision and the evidence relied upon. (E) Notification by Certified Mail. After the hearing the regional manager shall provide the permittee, by certified mail, a copy of the final decision.(F) Appeal. The permittee may request an appeal in writing to the director within 30 days of the date of receipt of the regional manager's decision. The director shall respond to an appeal in writing within 45 days from receipt of notice of request to appeal. (G) Judicial Review. The permittee may request judicial review by filing a petition of writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of the director's decision. The record of the administrative proceedings shall be prepared by the department and delivered to the petitioner within 30 days after receipt of petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code. (d) Special Approval for Use of Suction Dredges in Lakes and Reservoirs. No suction dredging is permitted in any lake or reservoir without written approval from the -------------------------------------------------------------------------------- Page 8 4lake operating agency, the Regional Water Quality Control Board and an on-site inspection and approval by the Department. (e) Equipment Requirements. (1) Nozzle Restriction. No suction dredge having an intake nozzle with an inside diameter larger than six inches may be used unless: (A) Otherwise provided under special regulations of Section 228.5, Title 14, California Code of Regulations, or (B) A constricting ring with an inside diameter not larger than six inches has been attached to the intake nozzle. This constricting ring must be of solid, one-piece construction with no openings other than the intake and openings not greater than one inch between the constricting ring and nozzle. It must be welded or otherwise permanently attached over the end of the intake nozzle. No quick-release devices are permitted. (2) Hose Restriction. The inside diameter of the intake hose may not be more than four inches larger than the permitted intake nozzle size. (f) Restrictions on Methods of Operation. (1) Winching is permitted under the following provisions: (A) Boulders and other material may only be moved within the existing water line. No boulders or other material shall be moved outside the water line. (B) Winching of any material embedded on banks of streams or rivers is prohibited. (C) Winching of any material into a location which deflects water into the bank is prohibited.(D) No power-winch activated shovels, buckets or rakes may be used to excavate materials in the stream course. Nets and other devices may be used to collect cobbles and boulders by hand for removal from dredge holes providing the materials are not removed from within the water line. (E) No woody streamside vegetation shall be removed or damaged. Trees may be used as winch and pulley anchor points provided that precautions are taken to ensure that trunk surfaces are protected from cutting or abrasions. (2) No person may suction dredge into the bank of any stream, lake or river. (3) No person shall remove or damage woody riparian vegetation during suction dredge operations. (4) No person shall move any anchored, exposed woody debris such as root wads, stumps or logs. (5) No person shall divert a stream or river into the bank. (6) No person shall dam or otherwise obstruct a stream, river or lake in such a manner that fish passage is impeded. (7) No person shall import any earthen material into a stream, river or lake. Operating outside these Restrictions on Methods of Operation may require compliance with Fish and Game Code sections 1600 ─ 1607, which govern lake and streambed alterations. (g) Compliance with Other Laws. Nothing in any permit issued pursuant to these regulations authorizes the permittee to trespass on any land or property, or relieves the permittee of the responsibility of complying with applicable federal, State, or local laws or ordinances. (h) Emergency Closure. The Department may initiate emergency regulatory action pursuant to Government Code Section 11346.1 to close any water to suction dredging. -------------------------------------------------------------------------------- Page 9 5§ 228.5. Suction Dredge Use Classifications and Special Regulations. (a) Suction Dredge Use Classifications. For purposes of these regulations, the following classes of suction dredge use restrictions apply in California's lakes, reservoirs, streams and rivers as specified: (1) Class A: No dredging permitted at anytime. (2) Class B: Open to dredging from July 1 through August 31. (3) Class C: Open to dredging from the fourth Saturday in May through October 15. (4) Class D: Open to dredging from July 1 through September 15. (5) Class E: Open to dredging from July 1 through September 30. (6) Class F: Open to dredging from December 1 through June 30. (7) Class G: Open to dredging from the fourth Saturday in May through September 30. (8) Class H: Open to dredging throughout the year. (b) Special Closures by County. Except as specified in subsections (c) and (d) below, the suction dredge class restrictions for each county are as follows: (1) AlamedaClass H. (2) Alpine Class C. (3) Amador East of Highway 49 is Class C, the remainder is Class H. (4) Butte Class C. (5) Calaveras East of Highway 49 is Class C, the remainder is Class H. (6) Colusa Class H. (7) Contra Costa Class H. (8) Del Norte Class E. (9) El Dorado East of Highway 49 is Class C, the remainder is Class H. (10) Fresno Within the external boundaries of the National Forests is Class C, the remainder is Class H. (Kings River Special Management Area has been closed to suction dredging by the U.S. Forest Service. Contact Sequoia National Forest for details.) (11) Glenn Class H. (12) Humboldt Class E. (13) Imperial Class H. (14) Inyo Class A. (15) Kern Class H. (16) Kings Class H. (17) LakeClass H. (18) LassenClass C. (19) Los Angeles Class H. (Portions of the San Gabriel Mountains may be closed to suction dredging by the U.S. Forest Service. Contact the Angeles National Forest for details.) (20) MaderaWithin the external boundaries of the National Forests is Class C, the remainder is Class H. (21) Marin Class A. (22) Mariposa Within the external boundaries of the National Forests is Class C, the remainder is Class H. (23) MendocinoClass A. (24) Merced Class H. -------------------------------------------------------------------------------- Page 10 6(25) Modoc Class C. (26) MonoClass A. (27) Monterey Class A. (28) Napa Class A. (29) NevadaEast of Highway 49 is Class C, the remainder is Class H. (30) Orange Class H. (31) Placer East of Highway 49 is Class C, the remainder is Class H. (32) Plumas Class C. (33) Riverside Class H. (34) Sacramento Class H. (35) San Benito Class A. (36) San Bernardino Class H. (Portions of the San Gabriel Mountains may be closed to suction dredging by the U.S. Forest Service. Contact the Angeles National Forest for details.) (37) San Diego Class H. (38) San FranciscoClass H. (39) San Joaquin Class H. (40) San Luis Obispo Class A. (41) San Mateo Class A. (42) Santa Barbara Class H. (43) Santa Clara Class H. (44) Santa Cruz Class A. (45) Shasta Class C. (46) Sierra Class C. (47) Siskiyou Class E. (48) Solano Class H. (49) Sonoma Class A. (50) Stanislaus Class H. (51) Sutter Class H. (52) Tehama Class D. (53) Trinity Class E. (54) Tulare Within the external boundaries of the National Forests is Class C, the remainder is Class H. (55) Tuolumne East of Highway 49 is Class C, the remainder is Class H. (56) Ventura Class H. (57) Yolo Class H. (58) Yuba Class H. (c) Eight-Inch Nozzle Size. An eight-inch diameter intake nozzle size is permitted on the following rivers unless otherwise specified in Section 228.5(d): (1) American (Placer, Nevada, and EI Dorado counties) (2) Cosumnes (Sacramento, Amador and EI Dorado counties) (3) Feather (Butte, Plumas, and Yuba counties) (4) Klamath (Del Norte, Humboldt and Siskiyou counties)(5) Merced (Mariposa and Merced counties) (6) Mokelumne (Amador, Calaveras and San Joaquin counties) (7) New (Trinity County) (8) Scott (Siskiyou County) (9) Trinity (Trinity and Humboldt counties) (10) Yuba (Sierra and Yuba counties) --------------------------------------------------------------------------------

Page 11 7(d) Special Regulations by Water. In addition to the classifications listed in Section 228.5(b) and (c), the special regulations below apply to the following waters: (1) American River (Sacramento County). The main stem American River from the Sacramento River upstream to Nimbus Dam is Class A. (2) American River, Middle Fork (El Dorado and Placer counties). The main stem American River Middle Fork from its junction with the North Fork of the American River upstream to the confluence with the Rubicon River is Class C. (Note: Recreational dredging is allowed in the Auburn State Recreation Area on an interim management basis. Contact the Auburn State Recreation Area for instructions.) (3) American River, North Fork (Placer County). The main stem North Fork American River from Folsom Reservoir to the Colfax-Iowa Hill Road Bridge is Class C. From the Colfax-Iowa Hill Road Bridge upstream to Heath Springs (T16N R14E S26) is Class A. (Note: Recreational dredging is allowed in the Auburn State Recreation Area on an interim management basis. Contact the Auburn State Recreation Area for instructions.) (4) American River, South Fork (EI Dorado County). The main stem South Fork American River from Folsom Reservoir upstream to the Highway 49 Bridge at Coloma is Class C. (5) American River, South Fork Tributaries (EI Dorado County). All tributaries to the South Fork American River from Folsom Reservoir upstream are Class C. (6) Antelope Creek and Tributaries (Placer County). Antelope Creek and its tributaries are Class B. (7) Auburn Ravine and Tributaries (Placer County). Auburn Ravine and its tributaries are Class B. (8) Bear River (Placer County). The main stem Bear River from Forty Mile Road to the South Sutter Irrigation District's diversion dam is Class D. (9) Big Chico Creek (Butte County). The main stem Big Chico Creek from Manzanita Avenue in Chico to the head of Higgins Hole (T24N R3E S31) is Class A. (10) Big Creek and Tributaries (Fresno County). Big Creek, tributary to the Kings River, and its tributaries are Class A. (11) Big Creek (Trinity County). The main stem Big Creek is Class A. (12) Blue Creek and Tributaries (Del Norte and Humboldt Counties). Blue Creek and its tributaries are Class A. (13) Butte Creek (Butte County). The main stem Butte Creek from the Sutter County line upstream to the Durham-Oroville Highway Bridge is Class H, and from the Durham-Oroville Highway Bridge upstream to the intake of Centerville Ditch (T23N R3E S10) is Class A. (14) Calaveras River and Tributaries (Calaveras and San Joaquin Counties). The Calaveras River and its tributaries below New Hogan Reservoir are Class B. (15) Canyon Creek (Yuba County). The main stem Canyon Creek from its mouth upstream to the Sierra-Yuba County line (T20N R8E S25) is Class C. (16) Cherry Creek (Tuolumne County). The main stem of Cherry Creek is Class B. (17) Chowchilla River (Madera and Mariposa counties). The main stem Chowchilla River from Eastman Lake upstream to the West and East forks of the Chowchilla River is Class A. (18) Chowchilla River West Fork (Madera and Mariposa counties). The main stem West Fork Chowchilla River from its mouth upstream to the Highway 49 Bridge is Class A. -------------------------------------------------------------------------------- Page 12 8(19) Clavey River (Tuolumne County). The main stem Clavey River is Class A. (20) Clear Creek and Tributaries (Siskiyou County). Clear Creek and its tributaries are Class A. (21) Colorado River and Tributaries (Imperial, Riverside and San Bernardino counties). The main channel and all side sloughs and tributaries of the Colorado River are Class A. (22) Cosumnes River (Sacramento, Amador and EI Dorado counties). The main stem Cosumnes River from the Western Pacific Railroad Bridge about ¼ mile above the mouth upstream to the Latrobe Highway Bridge is Class D, and from the Latrobe Highway Bridge upstream to the confluence with the North and Middle forks of the Cosumnes River is Class H. (23) Cosumnes River, North Fork (EI Dorado County). The main stem North Fork Cosumnes River from the Middle Fork of the Cosumnes River upstream to the Somerset-Pleasant Valley Road Bridge is Class H. (24) Cosumnes River, Middle Fork (El Dorado County). The main stem Middle ForkCosumnes River from the North Fork Cosumnes River upstream to Bakers Ford on the Aukum-Somerset Road is Class H. (25) Cosumnes River, South Fork (Amador and EI Dorado counties). The main stem South Fork Cosumnes from Middle Fork Cosumnes River upstream to the County Road Bridge at River Pines is Class H. (26) Cow Creek and Tributaries (Fresno County). Cow Creek and its tributaries are Class A. (27) Curtis Creek (Tuolumne County). The main stem Curtis Creek is Class C. (28) Deep Creek (San Bernardino County). The main stem Deep Creek is Class A. (29) Deer Creek (Nevada County). The main stem Deer Creek from Ponderosa Way below Rough and Ready Falls (T16N R7E S13) upstream to Highway 49 is Class C. (30) Dillon Creek and Tributaries (Siskiyou County). Dillon Creek and its tributaries are Class A. (31) Dinkey Creek and Tributaries (Fresno County). Dinkey Creek and its tributaries are Class A. (32) Eagle Creek (Tuolumne County). The main stem Eagle Creek is Class C. (33) Eastman Lake (Madera and Mariposa counties). Eastman Lake is Class A. (34) Eel River, All Forks and Tributaries (Mendocino County). The Eel River, all forks and its tributaries upstream of the Humboldt/Mendocino and Trinity/Mendocino County lines are Class A. (35) Eel River, Middle Fork and Tributaries (Mendocino and Trinity counties). The Middle Fork Eel River and its tributaries are Class A. (36) Feather River (Butte County). The main stem Feather River from Honcut Creek (T17N R3E S27) upstream to the Highway 70 Bridge is Class B, and from the Highway 70 Bridge upstream to Oroville Dam is Class A. (37) Feather River, South Fork (Butte and Plumas counties). The main stem South Fork Feather River from Oroville Reservoir upstream to Little Grass Valley Dam (T22N R9E S31) is Class C. (38) Flat Creek and Tributaries (Shasta County). Flat Creek and its tributaries are Class H. (39) French Creek (Trinity County). The main stem French Creek is Class A. -------------------------------------------------------------------------------- Page 13 9(40) Grapevine Creek (Tuolumne County). The main stem Grapevine Creek is Class B. (41) Horton Creek (Tuolumne County). The main stem Horton Creek is Class A. (42) Hunter Creek (Tuolumne County). The main stem Hunter Creek is Class B. (43) Independence Creek and Tributaries (Nevada and Sierra counties). Independence Creek and its tributaries from Independence Lake upstream are Class A. (44) Jawbone Creek (Tuolumne County). The main stem Jawbone Creek is Class B. (45) Kaweah River (Tulare County). The main stem Kaweah River upstream of Kaweah Reservoir is Class A. (46) Kern River and Tributaries (Kern and Tulare counties). The Kern River and its tributaries from Isabella Dam upstream are Class A. (47) Kern River, South Fork and Tributaries (Kern and Tulare counties). The South Fork Kern River and its tributaries are Class A. (48) Kings River and Tributaries (Fresno and Kings counties). The Kings River and its tributaries from Tulare Lake upstream to Pine Flat Dam are Class A. (49) Klamath River, Main Stem (Del Norte, Humboldt and Siskiyou counties). The main stem Klamath River from the mouth upstream to the Salmon River is Class G, from the Salmon River upstream to 500 feet downstream of the Scott River is Class H, from 500 feet downstream of the Scott River upstream to Iron Gate Dam is Class G, and from Iron Gate Dam to the Oregon border is Class A. (50) Knights Creek (Tuolumne County). The main stem Knights Creek is Class C. (51) Lavezzola Creek (Sierra County). The main stem Lavezzola Creek is Class C. (52) Little Rock Creek and Tributaries (Los Angeles County). The main stem Little RockCreek and its tributaries from the Sycamore Campground in the Angeles National Forest upstream are Class A. (53) Little Swede Creek (Trinity County). The main stem Little Swede Creek is Class A. (54) Macklin Creek (Nevada County). The main stem Macklin Creek from its confluence with the Middle Fork Yuba River (T19N R12E S16) upstream is Class A. (55) Malibu Creek and Tributaries (Los Angeles County). Malibu Creek and its tributaries are Class A. (56) McCloud River (Shasta County). The main stem McCloud River from the southern boundary of Section 16, T38N, R3W, upstream to Lake McCloud Dam is Class A. (57) Merced River (Merced County). The main stem Merced River from the San Joaquin River upstream to the Crocker-Huffman Dam (upstream from Snelling) is ClassA. (58) Merced River (Mariposa County). The main stem Merced River is Class C. (59) Merced River, North Fork (Mariposa County). The main stem North Fork Merced River is Class C. (60) Miner's Ravine and Tributaries (Placer County). Miner's Ravine and its tributaries are Class B. (61) Minnow Creek (Tuolumne County). The main stem Minnow Creek is Class A. (62) Mokelumne River (Amador, Calaveras and San Joaquin counties). The main stem Mokelumne River from Burella Road upstream to Camanche Dam is Class A, from Camanche Dam upstream to Pardee Dam is Class H, and from Pardee Dam upstream is Class C. -------------------------------------------------------------------------------- Page 14 10(63) Mud Creek (Butte County). The main stem Mud Creek from Big Chico Creek upstream is Class C. (64) Nelson Creek (Plumas County). The main stem Nelson Creek is Class C. (65) New River and Tributaries (Trinity County). New River and its tributaries upstream from the East Fork New River are Class A. (66) New River East Fork and Tributaries (Trinity County). The East Fork New River and its tributaries from the New River upstream are Class A. (67) Piru Creek and Tributaries (Ventura and Los Angeles counties). Piru Creek and its tributaries are Class A. (68) Pit River and Tributaries (Lassen and Modoc counties). The Pit River and its tributaries are Class A. (69) Poor Man Creek and Tributaries (Tuolumne County). Poor Man Creek and its tributaries are Class A. (70) Portuguese Creek and Tributaries (Madera County). Portuguese Creek and its tributaries are Class A. (71) Rock Creek (Butte County). The main stem Rock Creek from Big Chico Creek upstream to the Butte/Tehama County Line is Class C. (72) Rock Creek and Tributaries (Shasta County). Rock Creek and its tributaries are Class H. (73) Rose Creek (Tuolumne County). The main stem Rose Creek is Class C. (74) Rubicon River and Tributaries (El Dorado and Placer counties). The Rubicon River and its tributaries are Class C. No dredge with an intake larger than four inches may be used. (75) Sacramento River and Tributaries (several counties). The main stem Sacramento River from the San Francisco Bay upstream to Shasta Dam is Class A. The Sacramento River and its tributaries from Shasta Lake upstream to Box Canyon Dam are Class A. (76) Salmon River (Siskiyou County). The main stem Salmon River is Class D. (77) Salmon River, North Fork (Siskiyou County). The main stem North Fork Salmon River from the South Fork Salmon River upstream to the Marble Mountain Wilderness boundary is Class D. (78) Salmon River, South Fork (Siskiyou County). The main stem South Fork Salmon River from the North Fork Salmon River upstream to the Trinity Alps Wilderness boundary is Class D. (79) Salt Creek and its Tributaries (Riverside County). Salt Creek and its tributaries are Class A. (80) San Felipe Creek and its Tributaries (Imperial and San Diego Counties), San Felipe Creek and its tributaries are Class A. (81) San Gabriel, East Fork and Tributaries (Los Angeles County). The East Fork San Gabriel River and its tributaries from Cattle Canyon upstream are Class A. (82) San Gabriel River, West Fork and Tributaries (Los Angeles County). The West Fork San Gabriel River and its tributaries from the Rincon Guard Station upstream are Class A. (83) San Joaquin River (several counties). San Joaquin River from the Delta upstream to Friant Dam (Millerton Lake) is Class A. (84) San Juan Creek and Tributaries (Orange and Riverside counties). San Juan Creek and its tributaries from its mouth upstream are Class A. -------------------------------------------------------------------------------- Page 15 11(85) San Mateo Creek and Tributaries (San Diego, Orange and Riverside counties). San Mateo Creek and its tributaries from its mouth upstream are Class A. (86) Santa Ana River and its Tributaries (San Bernardino County). The Santa Ana Riverand its tributaries from the mouth of Bear Creek upstream are Class A. (87) Santa Clara River and Tributaries (Los Angeles and Ventura counties). The Santa Clara River and its tributaries from the Los Angeles/Ventura County line upstream are Class A, except that Texas Canyon Creek is Class H. (88) Santiago Creek and Tributaries (Orange County). Santiago Creek and its tributaries within the Cleveland National Forest are Class A. (89) Saxon Creek (Mariposa County). The main stem Saxon Creek is Class A. (90) Scott River and Tributaries (Siskiyou County). The Scott River and its tributaries are Class G. (91) Secret Ravine and Tributaries (Placer County). Secret Ravine and its tributaries are Class B. (92) Sespe Creek (Ventura County). The main stem Sespe Creek from the Los Padres National Forest boundary upstream to its confluence with Tule Creek is Class A. (93) Shay Creek and Tributaries (San Bernardino County). Shay Creek and its tributaries are Class A. (94) Shasta River and Tributaries (Siskiyou County). The Shasta River and its tributaries are Class A. (95) Sherlock Creek (Mariposa County). The main stem Sherlock Creek is Class A. (96) Silver King Creek and Tributaries (Alpine County). Silver King Creek and its tributaries are Class A. (97) Six-Bit Creek and Tributaries (Tuolumne County). Six-Bit Creek and its tributaries are Class A. (98) Smith River Middle Fork (Del Norte County). The main stem Middle Fork Smith River is Class D. (99) Stanislaus River (Calaveras, San Joaquin, Stanislaus and Tuolumne counties). The main stem Stanislaus River from the San Joaquin River upstream to Goodwin Dam is Class A, and from New Melones Dam upstream, excluding New Melones Reservoir, is Class C. (100) Sullivan Creek (Tuolumne County). The main stem Sullivan Creek is Class C. (101) Sutter Creek (Amador County). The main stem Sutter Creek from Highway 49 upstream to Pine Gulch Road is Class H. (102) Sycamore Creek and Tributaries (Fresno County). Sycamore Creek, tributary to the Kings River, and its tributaries are Class A. (103) Texas Canyon Creek (Los Angeles County). The main stem Texas Canyon Creek is Class H. (104) Trinity River, Main Stem below Lewiston Dam (Humboldt and Trinity counties). The main stem Trinity River from the Klamath River upstream to the South Fork Trinity River is Class A, from the South Fork Trinity River upstream to the North Fork Trinity River is Class H, from the North Fork Trinity River upstream to Grass Valley Creek is Class D, and from Grass Valley Creek upstream to Lewiston Dam is Class A. (105) Trinity River, Main Stem and Tributaries above Lewiston Dam (Trinity County). The Trinity River and its tributaries above Lewiston Dam are open to dredging from July 1 through October 15. -------------------------------------------------------------------------------- Page 16 12(106) Trinity River, North Fork and Tributaries (Trinity County). The North Fork Trinity River and its tributaries upstream from Hobo Gulch Campground are Class A. (107) Tuolumne River (Stanislaus County). The main stem Tuolumne River from the Waterford Bridge upstream to La Grange Dam is Class A. (108) Tuolumne River, North Fork, and Tributaries (Tuolumne County). The North Fork Tuolumne River and its tributaries are Class B. (109) Turnback Creek and Tributaries (Tuolumne County). Turnback Creek and its tributaries are Class A. (110) Wolf Creek (Nevada County). The main stem Wolf Creek from the Tarr Ditch Diversion (T15N R8E S10) upstream is Class C. (111) Woods Creek and Tributaries (Tuolumne County). Woods Creek and its tributaries from Harvard Mine Road (Jamestown) downstream are Class C, from Harvard Mine Road upstream are Class A. (112) Wooley Creek and Tributaries (Siskiyou County). Wooley Creek and its tributaries are Class A. (113) Yuba River (Yuba County). The main stem Yuba River from its mouth at Marysville upstream to Highway 20 is Class B, and from Highway 20 upstream to Englebright Dam is Class A. (114) Yuba River, North Fork (Sierra and Yuba counties). The main stem North Fork Yuba River from the Middle Fork of the Yuba River upstream to Fiddle Creek is Class H.


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