Lt Anti-Commercial Fishing Initiative Denied

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ata
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Lt Anti-Commercial Fishing Initiative Denied

Post by ata »

Hi All:

Some good news to ring in the New Year - the state today rejected the ballot initiative proposed by some sport interests in the Kenai!

Initiative supporters have 30 days to ask for a review of the decision, but hopefully they'll back off and try to get along better with others. Part of the state's decision was based on the lawsuit our industry filed as a result of the first FISH Initiative in the mid-1990's.

Cheers!

Dale
ATA

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Treadwell rejects proposed initiative on setnet ban in nonsubsistence areas

By Becky Bohrer

Associated Press

January 6, 2014 Updated 6 minutes ago

JUNEAU, Alaska — Lt. Gov. Mead Treadwell has rejected a proposed initiative that sought to ban shore gill nets and set nets in non-subsistence areas.

Supporters of the proposal billed it as a conservation effort. But critics, like the Kenai Peninsula Fisherman's Association, called it a fish grab by opposing interests.

The Department of Law, in its review, said the proposal, while written to apply statewide, is instead targeted toward the set net commercial salmon fishery in Cook Inlet.

The review found the proposal would "effectively eliminate a major user group while appealing to the self-interests of sport and personal fisheries." The review also found that it would affect the ability of the Board of Fisheries and the Legislature to make allocation decisions among competing users.

Treadwell's rejection can be appealed.



FOR IMMEDIATE RELEASE PR 14-001


Lieutenant Governor Treadwell Rejects Initiative to prohibit gill nets, set nets


January 6, 2014, Anchorage, AK – Lieutenant Governor Mead Treadwell today rejected an initiative to prohibit shore gill nets and set nets in nonsubsistence areas of the state. Lt. Gov. Treadwell took action on the advice of the Department of Law, whose 12-page opinion called the proposed measure (13PCAF) a prohibited appropriation under Article XI, Section 7 of the Alaska Constitution.

The Department of Law’s conclusion was based primarily on the Alaska Supreme Court’s 1996 decision in Pullen v. Ulmer, a case holding that salmon are assets of the state which may not be appropriated by initiative and that the preferential treatment of certain fisheries may constitute a prohibited appropriation.

The Department of Law’s opinion letter also states, “Were this type of initiative permissible, voters could continue to reallocate stocks to any fishery simply by eliminating specific gear or particular means and methods of catching fish – for example, the next initiative might propose to eliminate purse seining, trawling, dipnetting, or catch-and-release sport fishing in particular areas to increase harvest opportunity for other types of users. This would ‘prevent … real regulation and careful administration’ of Alaska’s salmon stocks, contrary to the purpose of the prohibition on initiative by appropriation.”

Upon receiving an application for a proposed initiative, the lieutenant governor must review it and within sixty calendar days of receipt either certify it or notify the initiative committee of the grounds for denial. The initiative was filed on November 6 by Joseph Connors of Sterling, AK, making today, January 6, the deadline for certification or denial.

“On this initiative we received input from the sponsor, supporters, and opponents, all of which we shared with the attorney general’s office,” Treadwell said. “We have urged the parties to work together with the Board of Fish to address concerns about setnets and fisheries allocations.”

The sponsors have thirty days from today to exercise their right to judicial review under Article XI, section 2 of the Alaska Constitution and AS 15.45.240.

Final documents are available online:

Denial Letter: https://ltgov.alaska.gov/treadwell_medi ... Letter.pdf

Attorney General Opinion:
https://ltgov.alaska.gov/treadwell_medi ... pinion.pdf

Elections Signature Verification:
https://ltgov.alaska.gov/treadwell_medi ... cation.pdf
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