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PEOPLE v. OSBORN

No. C042750

11 Cal.Rptr.3d 14 (2004)

116 Cal.App.4th 764

The PEOPLE, Plaintiff and Respondent, v. Phillip Wright OSBORN, Defendant and Appellant.

Court of Appeals of California, Third District

As Modified on Denial of Rehearing April 2, 2004

Review Denied June 9, 2004

Attorney(s) appearing for the Case

William Cushman, Yreka, for Defendant and Appellant.

R. Dabney Eastham for The New 49'ers, Inc. as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Peter E. Von Haam, Deputy Attorney General, for Plaintiff and Respondent.

DAVIS, J.

This is a civil action under Fish and Game Code section 5653 et seq. and former Fish and Game Code section 1603 involving suction dredging into the bank of a stream.1 Section 5653 et seq. is the principal statutory scheme that governs suction dredging. One of the regulations adopted pursuant to this statutory scheme prohibits "suction dredg[ing] into the bank of any stream, lake or river." (Cal.Code Regs., tit. 14, § 228...

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