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Ninth Circuit Upholds Preliminary Injunction Against Standard Capacity Magazine Ban

The following press release is courtesy of the California Rifle and Pistol Association: 

In another blow to Lt. Governor Gavin Newsom’s anti-gun agenda, a three-judge panel of the Ninth Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday, upholding a lower court’s decision to suspend enforcement of Proposition 63’s restriction on the possession of magazines capable of holding more than 10 rounds.

Following the enactment of Proposition 63, CRPA attorneys sought an injunction against the magazine possession ban, arguing that the law violated the Second Amendment, as well as the due process and takings clauses of the United States Constitution. Federal District Court Judge Roger T. Benitez agreed, issuing a preliminary injunction just days before the law was set to take effect. California quickly appealed the decision.

On appeal, the Ninth Circuit held that Judge Benitez did not abuse his discretion, holding that he applied the correct legal standards and made reasonable inferences based on the record. But one judge on the panel disagreed. Responding to the dissent, the majority noted that it was not within the panel’s authority to re-weigh the evidence of the case, nor could it substitute its discretion for that of the district court. What’s more, referencing the Ninth Circuit’s 2014 ruling in Fyock v. Sunnyvale, which affirmed the denial of an injunction against a local magazine ban, the majority held that simply because a judge disagrees with another district court does not necessarily mean the district court abused its discretion on the matter.

Meanwhile, in the trial court, a motion for summary judgment is pending and a ruling on the merits of the case is expected soon. Regardless of the outcome, the case will most certainly be appealed again to the Ninth Circuit. But by that time, the Supreme Court will likely have a new Justice who respects the right to keep and bear arms as protected by the Second Amendment.

To stay informed on the Duncan case, as well as other important Second Amendment issues affecting California gun owners, be sure to subscribe to NRA and CRPA email alerts. And be sure to visit the NRA-ILA California dedicated webpage at www.StandAndFightCalifornia.com and the new CRPA webpage at www.CRPA.org.

Young Anglers Tournament Set For Aug. 11 In Point Loma

The following press release is courtesy of San Diego Sportfishing

A fun day of fishing is planned for Saturday August 11th at the Shelter Island Pier located at 1776 Shelter Island Drive in Point Loma. This free fishing event, the Annual Young Anglers Tournament is open to all young anglers 6 to 15 years old. No experience is necessary. Use of loaner fishing tackle, bait and assistance is provided free of charge. In past years the fishing event has attracted the participation of kids from throughout San Diego County, Riverside and as far away as San Francisco.

Now in its 16th year, the event is produced by the San Diego Sportfishing Council with support from the
International Game Fish Association, the Port of San Diego Tidelands Activation Program and the
County of San Diego Community Enhancement program. This free annual event provides free hands-on access to water recreation in San Diego.

Registration for the tournament is available in advance online at this link: https://form.jotform.com/81765898392174.  Complete information on the event and on-line registration is
easily found on the San Diego Sportfishing Council’s website at www.sportfishing.org. Advance online
registration saves time the morning of the tournament. On site registration the day of the tournament begins at 7:30 AM. Fishing begins at 8:30 AM and ends promptly at 12 noon.  Prizes will be awarded by 1 PM.

The Annual Young Anglers Tournament features a points system to allow for catch and release with different species valued for varying points. The species included and their relative value in points will be
determined before the event begins on the day of the tournament. The winners – one recognized in each age category between 6 and 15 – will be determined by the highest number of points earned. The angler with the most points overall will be recognized on the tournament’s perpetual trophy.

A complimentary lunch will be served to all registered anglers. Lunch is provided, courtesy of Major Market, Tommy Gomes of Catalina Offshore Products and Specialty Produce.

Loaner fishing tackle provided by OKUMA will be available to those who don’t have their own. Bait is being provided by Squidco and Anglers Distributing. IGFA representatives and volunteers from the
United Pier & Shore Anglers, San Diego Rod & Reel Club, San Diego Anglers and the San Diego Fly Fishers will be on hand to assist young anglers and to tally points.

Sponsors include OKUMA Fishing Tackle, Turner’s Outdoorsman, Anglers Distributing, Squidco, Big Hammer Lures, Friends of Rollo, Costa Sunglasses, Uni Goop, Berkeley Big Gulp, Coastal
Conservation of California, Three Lollies, Mustad, Everingham Brothers Bait Co., Fathom Bistro at Shelter Island Pier, Fisherman’s Landing Tackle, Booyaa, San Diego Marine Exchange, Seeker Rods,
Point Loma Sportfishing, H&M Landing, Jamba Juice, USS Midway, Oggi’s and Corvette Diner.

Prizes and raffle drawing items for the tournament include rods and reels, hats, T-shirts, fishing gear, deep-sea
fishing trips, restaurant certificates and more .
The San Diego Sportfishing Council is a California non-profit corporation established in 1979 to promote San Diego saltwater fishing as an attractive marine recreational activity, to increase awareness and availability of “how, when and where” information on sportfishing opportunities.

The Young Anglers Tournament is part of a larger Youth Fishing Program produced by the Sportfishing Council.
For more information, please call the San Diego Sportfishing Council at (619) 234-8793 or log onto the website at: www.sportfishing.org.

Mountain Lion Tranquilized In San Mateo

First San Bruno, now San Mateo! Mountain lions – or at reported least sightings of the big cats – are all the rage in my hometown and the city where my three sisters now live (San Mateo).

Here’s the San Francisco Chronicle:

A mountain lion was spotted walking around the backyard of a San Mateo home Monday morning and after almost a full day of attempting to safely corral the puma, wildlife officials successfully tranquilized it, authorities said.

San Mateo police officers responded to the call at about 9:30 a.m. and proceeded to search for the animal, which was estimated to be about 80 pounds, said Peter Tira, a spokesperson for the California Department of Fish and Wildlife.

About two hours later, police located the animal less than a mile away on Alameda De Las Pulgas between Crystal Springs Road and Georgetown Avenue. 

The cat is expected to be relocated after it’s examined and fitted with a collar at UC Santa Cruz.

Eel River Project Would Clear More Space For Fish Passage

I was recently able to watch a documentary on the ups and downs of the North Coast’s iconic Eel River, A River’s Last Chance,  which chronicles a history of resurgence and decline of the river’s runs of salmon and steelhead (look for a feature story on the film in a future issue of California Sportsman ). 

The Eel’s fish population has been stymied by everything from overfishing to dams to drought, but a project to clear blockage points on the water created by railroad construction is in the works. Here’s the Eureka Times-Standard:

Groundbreaking has already begun at Woodman Creek in Mendocino County where the construction of the Northwestern Pacific Railroad blocked off about 14 miles of prime fish habitat for more than a century, according to CalTrout.

Mierau said railroad workers at the time filled in about 500 feet of the creek and blasted a large hole in the bedrock in order to complete a bridge. These changes altered the mouth of the creek so that fish would now have to leap 12 feet vertically to access the creek, which Mierua said essentially cut off access to most fish.

With the aid of local businesses like Pacific Earthscapes, Pacific Watershed Associates and Mike Love & Associates, the project is now working to shift the mouth of the creek back to its original outlet, which will be done by exhuming the sediment placed there more than 100 years ago, Mierau said.

The hope is that the construction will be completed by September.

 

 

Oh, Hello, Mako Shark

The above video is courtesy of the Dana Wharf at Dana Point in Orange County. Pretty cool underwater footage off the SoCal Coast.

A little more on the encounter from Patch.com: 

“Captain Frank Brennan, one of our excellent Whale Watching captains was out on another type of adventure a local fishing trip where we targets bass, barracuda and bonito,” Dana Wharf Whale Watching’s Donna Kalez told Patch.

Brennan encountered this four-foot Mako Shark while on his journey.

“This Mako Shark surprised him because the shark kept swimming around his fishing spot,” Kalez said. Brennan placed his GOPRO in the water and the shark swam straight to it.

Kokanee, Landlocked King Bites Hot

MSJ Guide Service

Our friend Manny Saldana Jr. of MSJ Guide Service 
(above) reports some outstanding fishing near his Yuba City home base, such as his productive outing for kokanee at Bullards Bar Reservoir.  Here’s Saldana with more from Lake Oroville:

 

 

Little Ethan outfished his dad Mike and myself. Ethan was the first one limit out, followed by Mike, then we decided to stay a little longer to get my limit of kings too. I had them on but they didn’t make it to the net for me.
The Brad’s Killer Fishing Gear Kokanee cut plugs, with size #4 Maruto Fishing Hooks from Angler Innovations, Inc. And 14lb Yo-Zuri America. Inc.100% Top Knot Mainline leaders

 

Give Saldana a call at (530) 301-7455 or go to msjguideservice.com for more information.

State Water Board Proposes Allocation To Assist Fisheries

Thomas Dunklin/NOAA

In many ways, California’s water wars have become a fish vs. farmers prizefight as to how the state will allocate Delta waters. Today, it appears fish were the beneficiary in the ring. Here’s more from the Sacramento Bee: 

State regulators proposed sweeping changes in the allocation of California’s water Friday, leaving more water in Northern California’s major rivers to help ailing fish populations — and less for farming and human consumption.

By taking water from cities and farms and giving it to fish, the proposal by the State Water Resources Control Board’s staff likely will ignite a round of lawsuits and political fights. Critics already have said the board’s plan, which has been in the works for two years, will hurt the economy of the San Joaquin Valley in particular by constricting water for irrigation.

But the state board, in announcing the changes, said the water diversions are needed “to prevent an ecological crisis, including the total collapse of fisheries.” Board chairwoman Felicia Marcus called the proposal an attempt to “balance multiple valuable uses of water” between environmental needs and humans.

The report goes onto say that the board will formally vote on the proposed allocation later this year.

The Golden Gate Salmon Association was understably pleased by the decision and its potential impact on struggling fisheries like salmon in the Delta’s river watersheds. Here’s a statement from GGSA president John McManus:

“No one can deny we’ve heavily damaged the natural function and benefits of the rivers by over-diversion. Salmon runs in the three major San Joaquin River tributaries have fallen from 70,000 in 1984 to 8,000 in 2014.  This has hurt fishing families and coastal communities. “

“Any proposal to increase water for fish is really a proposal to increase water for fishing families and communities downstream that rely on salmon.  Most Californians don’t want to see our state rivers dammed and diverted to the point where everyone else downstream is left high and dry and driven out of business.”

“Basic fairness requires the upstream dam operators to share with others downstream that rely on the state’s natural resources historically provided by these rivers. The State Water Board has taken a historic first step to address this problem.”

CDFW Announces New Technology To Report Commercial Catches

CDFW photo

The following press release is courtesy of the California Department of Fish and Wildlife: 

The California Department of Fish and Wildlife (CDFW) announces the availability of E-tix, a new electronic reporting system for commercial fishery landings that came online July 1, 2018. With the cooperation of the Pacific States Marine Fisheries Commission (PSMFC), the E-tix application has been adapted to allow electronic reporting of all California landing records.

Since 1933, CDFW has relied on paper landing receipts that over the years expanded to 16 different paper forms. CDFW staff have been responsible for manually entering the data and managing it in data systems that have evolved over the decades. Using E-Tix allows fish receivers to record both federal and state fisheries landings through one application.

Electronic reporting using E-tix has been required for all federal sablefish landings since 2017 and Individual Fishery Quota trawl fisheries landings since 2011.

Between November 2016 and October 2017, CDFW worked with fish businesses and the California Fish and Game Commission to propose and adopt electronic reporting regulations. The regulations allow for voluntary use of the E-tix system to report landings during a one-year transition period, allowing fish receivers to adapt business practices from the old paper system to E-tix. Approximately 74 percent of respondents to a December 2016 survey said one year or less was adequate for this transition. Effective July 1, 2019 all commercial fishery landings must be recorded and submitted electronically using E-Tix (California Code of Regulations Title 14, section 197).

In addition, CDFW’s Data and Technology Division is in the process of replacing the outdated Commercial Fisheries Information System to house and manage the landings data with a new, modern Marine Landings Data System. All data submitted using PSMFC’s E-Tix will be automatically transferred to CDFW’s Marine Landings Data System nightly.

CDFW encourages all fish receivers and fishermen with a fishermen’s retail license to begin using E-Tix well in advance of the mandatory electronic reporting date of July 1, 2019.

The E-Tix Login can be found at etix.psmfc.org/Account/Login.Resources to assist in this transition are available atwww.wildlife.ca.gov/Fishing/Commercial/Landing-Resources.

 

 

CDFW Seeking Volunteers For Redding Natural Resource Program

CDFW photo

The following press release is courtesy of the California Department of Fish and Wildlife: 

The California Department of Fish and Wildlife (CDFW) is currently seeking applicants for its Natural Resource Volunteer Program (NRVP) in the Redding area.

Motivated individuals able to convey conservation principles to the public are encouraged to apply. Applicants must be confident and capable of speaking with the public both one-on-one and in group settings. They must also be able to work independently and as a team member to complete tasks. Assignments will be in field, office and classroom environments.

“Our volunteers provide invaluable support to numerous CDFW staff, including biologists, wildlife officers and administrative employees,” said NRVP Coordinator Lt. Liz Gregory. “These are non-sworn, volunteer positons, without law enforcement authority, but their contributions to our daily workload are meaningful and help keep our operations running smoothly.”

NRVP positions are unpaid and require a service commitment of 16 hours per month. Duties may include responding to human/wildlife conflict calls, representing CDFW at community outreach events, working on CDFW lands, disseminating useful information to the public, instructing at NRVP academies and other assignments to assist staff as needed.

Applicants must be at least 18 years of age, possess a California driver license and produce a California Department of Motor Vehicle driver’s report. The selection process includes an initial screening, an application review, an oral interview and a background check including a Live Scan fingerprint clearance.

Successful applicants will attend the NRVP training academy and receive 40 hours of conservation training. The initial phase of the academy is scheduled Oct. 1-5. Volunteers will work with a trained mentor to implement their new skills during a six-month probationary period.

Applications must be postmarked no later than Aug. 1, 2018. For additional information and to download an application, please visit www.wildlife.ca.gov/explore/volunteering/nrvp. Interested applicants are encouraged to contact Lt. Liz Gregory at (916) 358-2939.

 

Ocean Salmon Season Off To A Great Start

Salty Lady Fishing photo

What struggles? 

California’s recreational salmon season, which opened late last month, is too a fantastic start around Bay Area waters. Check out this from NBC Bay Area:

Since the opening of the season between Point Arena and Pigeon Point on June 17, recreational skippers have reported packed boats with anglers catching limits of two fish apiece.

“Epic salmon fishing,” Davis said. “The best we’ve seen in a lotta, lotta years.” …

… Ecologists say recent measures by state hatchery managers to truck salmon smolts lower in the river systems to give them a better chance at survival during California’s drought are helping.

John McManus, director of the Golden Gate Salmon Association, said some of the larger fish getting hauled in this year may be the result of those efforts in 2015.