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3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW Since You Asked: Left turns on red are sometimes legal ... Mail Tribune 100, Jan. 19, 1916 ... Armed shoplifter killed by off-duty Medford officer, police say ... Since You Asked: Left turns on red are sometimes legal ... Mail Tribune 100, Jan. 19, 1916 ... Armed shoplifter killed by off-duty Medford officer, police say ... OUR VIEW Our View: Suction dredgers now prefer feds' rules MailTribune.com Writer Posted Jan. 19, 2016 @ 12:01 am Posted Jan. 19, 2016 @ 12:01 am » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> Defying the government over public land uses seems to be popular lately. Whether one defies the federal government, as the Malheur Wildlife Refuge occupiers are doing, or the state government, as local suction dredge miners are reportedly doing, appears to depend on your personal interpretation of the law. Both interpretations are flawed. Rick Barclay, president of the Galice Mining District, told the Mail Tribune that about a dozen dredge miners are operating in seasonal streams on federal land in defiance of a state moratorium on suction dredge mining. According to Barclay, the miners are exercising their rights under federal law, and the state has no authority to interfere. It's interesting to note that Barclay is still engaged in an ongoing dispute with the federal Bureau of Land Management over the Sugar Pine Mine. In that case, which last year prompted a turnout of armed supporters, Barclay argues he still has a valid mining claim, which the BLM says was ceded to the federal government by previous owners in 1961. When it comes to suction dredging, however, apparently Barclay's fellow miners prefer federal authority, because it's the state that has banned dredging until new rules can be drafted to protect salmon habitat. Calling it "the great American tradition of civil disobedience," Barclay says the dredging is happening under federal law, and "the state can drop dead." While federal law does have some things to say about mining, the state issues permits for suction dredging, and regulates waterways for the protection of salmon. Dredgers use motorized vacuums to suck up gravel from stream beds and remove gold and other heavy metals before returning the gravel to the stream. Barclay and other miners filed a federal lawsuit asking the court to say federal law preempts the state moratorium; that case is scheduled for oral arguments next month. Meanwhile, some miners apparently have decided to push the issue rather than wait for the court to rule. In Harney County, armed insurgents who have occupied federal buildings argue the federally owned wildlife refuge should be turned over to local residents. In fact, the public owns that land, and the federal government manages it. The miners sift publicly owned gravel on publicly owned land to extract and keep gold under mining claims granted by the federal government. They argue the state can't protect fish runs by issuing a moratorium. Fish runs are a public resource, and ought to trump a relatively small number of miners' private interests in prospecting in public streams. If the court does not agree, it will be another reminder that it's past time to overhaul federal mining laws. MailTribune.com Writer Posted Jan. 19, 2016 @ 12:01 am » Comment or view comments Terms of Service /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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