New 49’er member, Tucker Clements, was cited last season by the California Department of Fish and Wildlife (F&W) for operating a suction dredge up on the Salmon River (California river). His case was dismissed several weeks ago by the Siskiyou County District Attorney (DA) and by the Court. This is a huge win for our industry!
Tucker made his defense based upon legal theories presented by Public Lands for the People (PLP). Basically,
Image of gold recovered during a single day of work by one of our members just using a high-banker out of the water. The value today of what he recovered is $330!
Tucker showed the Court that he was dredging under a partnership, rather than the F&W regulations.
In short, F&W 5653 regulations state as follows: (a) The use of vacuum or suction dredge equipment by a person in a river, stream, or lake of this state is prohibited, except as authorized under a permit issued to that person by the department…
5653.8 For purposes of Section 5653 and 5653.3, “person” does not include a partnership, corporation, or other type of association.
Because Tucker demonstrated to the Court that he had a partner involved in his operation, the entire case was thrown out of Court. Here is the written order from the Court:
Order: “The defendant has produced evidence that shows that he substantially complied with the scope of conduct allowed by Fish and Game Code 5653(a). Pursuant to 5653(8), “For purposes of Section 5653…’person’ does not include a partnership, corporation or other type of association.” The defendant has substantially complied with the requirements of Section 5653(a) because he was acting as an agent of a partnership.”
The Order was signed by the District Attorney on April 15 2025, and the judge on April 17th.
We have been working with our attorney to confirm whether or not a card-carrying New 49’er member of our association would automatically be granted this exception from the dredging regulations. Meanwhile, our attorney has sent us this one-page partnership agreement which is very simple to fill out. Fortunately, there is a notary service located just on the other side of the post office here in town. If you cannot link to the agreement, just call our office and we will send one to you in the mail.
News about this is growing fast. We have members arriving every day with their motorized equipment. Even my own dredge will be in the Klamath River in a few days! With gold at $3,300 per ounce (and climbing), sucking up gold deposits has become a high priority!
Four Dams Upstream on the Klamath River Have Been Removed
As I write this, the Klamath is flowing at around the normal summer flow rates that we have always seen. Water levels are clearly dropping. There is now three-to-five feet of water visibility depending upon the location. Yesterday, I drove all the way up to the headwaters of where the Irongate lake used to be. Iron gate was the dam furthest downstream towards Happy Camp. I could not find any heavy equipment pushing silt into the river. So, I am assuming the silt in the water is remnant of the silt washed into the river when the dams were removed. Water quality at the old dam sight is the same as it is further down river.
The Klamath was never a very clear river to begin with. I can do fine with three feet of visibility as long as I am not working under a tall working face.
The Scott and Salmon Rivers, and our Elk and Indian Creeks are running crystal clear if you prefer the smaller waterways.
Some members are working out in the river next to the banks and recovering good gold for their efforts. Some members are also dredging on the creeks.
There should be a dramatic drop in the water level along the Klamath River as we move through the dry season. Slower water should improve water quality. This should help us get down into the deeper gold deposits, some which should be exposed and out of the water. Dam removal may turn out good for gold prospecting in the end.
To prepare for likely legal challenges, I will be digging out some of my juicy gold nuggets as prizes for a new Legal Fund Raiser. Watch for an announcement about this in the next few weeks!
Potlucks Scheduled for the 2025 Season
All of these events are being announced on our Facebook page: July 12th; July 26th; August 9th; August 23rd. This is as long as wildfires don’t force us to cancel them. So far this season, we have not had any wildfires in our area and the skies have been clear and blue.
We are doing 6 pm potlucks at the Happy Camp Community Hall (used to be called the Happy Camp Lions Club) down towards the river in the middle of town. Just ask anyone for directions. Please bring something to add to the meal along with your preferred beverage.
Our Facebook Presence
Our staff and others have been updating the Newfourtyniner Facebook page on a regular basis. Members come into our office every week and allow us to take images of the gold they are finding. Sometimes this can be very exciting! Sometimes we even go out and capture some images and video of where members are doing well. Therefore, the latest exciting news, images and video, in full color, can be found on our Facebook page. Especially since we are not sending out newsletters as often as before, our Facebook page is a good way to stay current and even actively participate.
Member Accident Insurance
Our group insurance plan is great for those who do not have an insurance policy to cover you in case of a minor accident. All members are eligible to receive our low-cost group accident plan.
Our plan covers an individual for $15,000 in accident insurance, including dental, during any mining venture on New 49’er properties. It covers bodily injury caused by an accident and resulting directly and independently of any other cause. It is a supplemental policy, meaning that if you have some other form of insurance, this policy only covers you when the other runs out. It is also a $2,500 life insurance/dismemberment policy if your death or dismemberment is the result of a mining accident.
The policy costs $30 per person, per year—at this time. This covers from October 4th of the existing year through October 3rd of the following year. There is no rebate if you purchase the policy later in the year; the fee is still the same.
With insurance companies, you never know when rates are going to be increased; so we suggest you obtain your policy in early October by printing out this form, filling it out, and sending it to the office with your check for $30 per person.
Annual Dues is Billed Next Month
We bill all Full Members $50 for annual dues in August. September through the end of the year is when we must shoulder the load of increased property taxes and filing fees to the County and Bureau of Land Management. These are legal requirements which allow us to continue making a substantial number of federal mining claims available to our members.
In real terms, the true value of the gold along these extensive properties may be worth more than the net assets of most financial institutions on the planet. Especially these days when the government is printing trillions of Dollars out of thin air. The reason that prices are going up is not because goods and services are worth more than before. Prices are going up because the Dollar is not worth as much as it was before. More or less, on the long term, increased gold values signal the reduced purchasing power of paper currencies.
I remind you every year that we should be calling our extensive properties the “Klamath First National Bank.” Ours is the only bank in the world where you can go out, set up your own camp, and make a draw anytime you wish. There are no interest, rent or bank fees to pay. And you never have to pay the gold back! This is as close as it comes to an opportunity to maintain some degree of personal freedom during these ever-more difficult and troubling times. Especially with gold prices going up as they are. Not to mention that we are located smack in the middle of some of the best Pacific Northwest country you will ever see. As far as I know, we are the only organization in the world that makes a very large bank of pure wealth freely available to our members.
As long as you guys continue to stand with us, we will continue the fight for our basic freedoms. There remains hope that America will wake up and realize that we need to produce value and wealth in excess of what we consume.
I am willing to invest my personal resources to keep our program going as long as you guys, our members, are also willing to hang in there until we overcome what is destroying America, or it becomes clear that there is no longer any hope. My assessment of your support will be in what percentage of Full Members are willing to invest $50 a year to help keep our dream alive: The freedom for Americans to go out on the federal lands and invest your personal energy and resourcefulness in exchange for all the gold you can find.
We should do all we can to maintain our Klamath First National Bank. If lost, we will never get it back! We are enormously lucky to have access to it. Thank you very much for your continued support over the many years!
Happy 4th of July to everyone,
Dave McCracken, General Manager
New 49’er Gold Prospecting Association
27 Davis Road P.O. Box 47, Happy Camp, California 96039 (530) 493-2012
www.goldgold.com
