Dr Gierak regarding anti mining bill 101807

Our Klamath Basin Water Crisis
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.

October 18, 2007

Dr. Richard A. Gierak: chemist, biologist, and chiropracter. He was a co founder of Interactive Citizens United who kept the Pacific Fishery Management Council from changing the definition of EFH to be the same as the Critical Habitat of ESA. As to the governor signing this bill it is ludicrous. Under the Dormant Commerce Clause State laws are invalid on Federally regulated waterways. Glad to hear the governor vetoed AB1032

Dredge Summary

1. At this time there are no endangered salmon species listed in the Klamath Basin by the Federal government. Spring and Fall Chinook and Coho are listed under the California ESA.

2. Under the Dormant Commerce Clause of the U.S. regulations passed by Congress, Magnuson Stevens Act 1996 & Sustainable Fisheries Act 1997, State and local regulations are prohibited without Federal listings.

3. The Klamath National Forest belongs to the Federal government and the State only has jurisdiction over animals, birds and fish assuming they do not conflict with Federal regulations.

4. When the Karuk’s lost their lawsuit with US Fish & Wildlife the Federal government made it clear that they were not concerned as no Salmon were listed as endangered.

5. The Karuk lawsuit filed in Alameda County holds no validity based on the Dormant Commerce Clause.

6. At the present time the Department of Fish & Game of California will be utilizing previous regulations and will not enforce the alleged “new regs”

7. Under California law there can be no regulatory actions taken upon City, County, State or Private Land where no Federal involvement exists.