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Alaska Setnet Ban Initiative (August 2016)
| Alaska Setnet Ban Initiative | |
|---|---|
 | |
| Type | Constitutional amendment |
| Origin | Citizens |
| Topic | Fishing |
| Status | Not on the ballot |
| Not on Ballot |
|---|
 |
| This measure was not put on an election ballot |
The Alaska Setnet Ban Initiative was a state statute initiated by citizens for the Alaska ballot on August 16, 2016. It was removed from the ballot by the Alaska Supreme Court prior to the election.[1]
The measure would have banned commercial setnets (fishing nets anchored in position) in urban areas, though the group behind the measure, Alaska Fisheries Conservation Alliance, was specifically targeting the Cook Inlet commercial setnet fleet.
Supporters of the measure contended the setnets are "antiquated" and catch too many king salmon when the real target is sockeye salmon. The number of king salmon in Cook Inlet rivers has been decreasing and, as a result, has forced "strict conservation measures" on commercial and sport fishing in the area.[2]
Opponents were concerned the measure would have had negative impacts on the local economy and put people out of work.[3]
Supporters
- Alaska Fisheries Conservation Alliance[2]
Opponents
Lawsuit
Supporters tried to place a similar measure on the 2014 ballot. However, the state, specifically Lt. Gov. Mead Treadwell (R), threw out the initiative. Supporters appealed and State Superior Court Judge Catherine Easter overturned the state's decision, allowing supporters to try for a spot on a 2016 ballot.
The state argued that, if passed, the measure would transfer public resources from one group to another and eliminate a whole sector of the commercial fishing industry. The Alaska Fisheries Conservation Alliance (AFCA) countered by arguing the initiative would simply ban a certain type of fishing gear. In her ruling, Judge Easter stated that the court "acknowledges the potential hardship on commercial set net fishers if (the initiative) is passed and eliminates an entire Cook Inlet fishery and economy, the court does not find that (the initiative) would endanger the state treasury or eliminates the fishery in order to target a specific user group."[2]
However, on December 31, 2015, the Alaska Supreme Court found the initiative unconstitutional and reversed the superior court's decision. The court said that the power to allocate state resources, including fish, belongs to the Legislature and the board of fisheries. AFCA claimed the group plans to continue to search for other ways to ban setnets, such as in federal courts. The full text of the case can be found here.[4]
Path to the ballot
Initiative supporters must collect enough valid signatures by the prescribed deadline in order to qualify this measure for the ballot.
On June 10, 2015, the group supporting the initiative submitted 43,000 signatures. Only 28,545 valid signatures were required.[5] On August 5, 2015, it was announced that about 36,000 signatures were deemed valid.[6] However, on December 31, 2015, the Alaska Supreme Court found the initiative unconstitutional and it was removed from a 2016 ballot.
Similar measures
See also
- Alaska 2016 ballot measures
- 2016 ballot measures
- Alaska Initiative Law
- Alaska signature requirements
Footnotes
- ↑ KTVA Alaska, "Alaska Supreme Court rules against proposed set net ban initiative," December 31, 2015
- ↑ 2.0 2.1 2.2 2.3 Alaska Dispatch News, "Court finds urban setnet ban initiative can move forward," July 23, 2014
- ↑ Fishermen's News Online, "Court Approves Proposed Set Net Ballot Initiative," July 30, 2014
- ↑ 4.0 4.1 KTVA Alaska, "Alaska Supreme Court rules against proposed set net ban initiative," December 31, 2015
- ↑ Alaska Dispatch News, "Group backing Alaska ballot initiative to ban urban setnets delivers signatures," June 10, 2015
- ↑ Alaska Dispatch News, "State certifies signatures for Alaska setnet ban ballot initiative," August 5, 2015
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State of Alaska Juneau (capital) |
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