Until recently, California law permitted suction dredging as long as the operator obtained a permit from the Department of Fish & Game (DFG). Suction dredging involves sucking up sediments from rivers and streams in order to obtain valuable minerals. The practice has been alleged to contribute to the decline salmon and other fish, particularly in the North Coast area of California, by disturbing the gravel beds used by fish for egg laying and by putting into the water mercury that had been "resting" on various stream beds. Suction dredging is used by recreational and part-time "miners" who are seeking gold in California's rivers and streams.
In 2005 the Karuk Indian Tribe sued over the permit process, noting the lack of an Environmental Impact Statement/Report. The case settled in July 2008, with DFG agreeing to prepare an EIR. However, to date, nothing has been done toward that study. Thus, the Karuk obtained a preliminary injunction prohibiting the issuance of any more permits until the EIR was completed. Proponents of the ban also sought a legislative solution despite a veto by Governor Schwarzenegger in 2007 of similar legislation.
SB 670 designates suction dredging as a "project" under the California Environmental Quality Act, prohibits the issuance of new permits, and voids past permits until DFG has completed the EIR mandated by the prior settlement and commanded by the injunction. DFG must also issue new regulations regarding the permitting of such activities. It is estimated that this will take two years.