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Massachusetts "Whale Safe Fishing" Initiative (2016)

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Massachusetts "Whale Safe Fishing" Initiative
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Election date
November 8, 2016
Topic
Hunting and fishing
Status
Not on the ballot
Type
State statute
Origin
Citizens


The "Whale Safe Fishing" Initiative was not on the ballot in Massachusetts as an indirect initiated state statute on November 8, 2016.

The measure was designed to prohibit the authorization or licensure of the commercial use of fishing gear known to endanger whales or sea turtles.[1][2]

Text of measure

Petition name

The petition name was as follows:[2]

The Whale Safe Fishing Act[3]

Ballot summary

The ballot summary for the version of the initiative targeting the ballot for 2016 was as follows:[4]

This proposed law would have prohibited the Director of the state Division of Marine Fisheries from authorizing or licensing the commercial use of fishing gear known to cause the entanglement of whales or sea turtles. The state Secretary of Environmental Affairs would have been required to make an annual scientific determination whether any kind of fishing gear licensed by the Director would cause the entanglement of any whale or sea turtle. The Director could license only that fishing gear determined not to cause such entanglements.

The proposed law would have prohibited the Director from permitting the use of any type of gill net or other fishing gear that suspends a curtain of mesh material in the ocean to capture fish without being actively towed.[3]

Full text

The full text of the measure was as follows:[2]

Section One: This Act may be referred to and cited as the "Massachusetts Whale Safe Fishing Act."

Section Two: Mandate for Whale Safe Commercial Fishing

1. Chapter 130 of the Massachusetts General Laws is amended and revised with the addition of the following text:

"Section 17B: Requirement for Whale Safe Commercial Fisheries"

"The Director of the Massachusetts Division of Marine Fisheries -

(a) "Above any other consideration, shall not authorize and/or annually license the use of any kind of fishing gear for commercial purposes that is known to historically cause the entanglement of any whale or sea turtle."

(b) The Secretary of the Executive Office of Environmental Affair shall annually make a scientific determination whether any kind of fishing gear licensed by the Director is "whale safe" and will not cause the entanglement of any whale or sea turtle. The Director shall only license fishing gear that has been so determined to be "whale safe" by the Secretary.

(c) "The Director shall not permit under any circumstance the use of any kind of gill net or any other kind of gear that basically suspends a curtain of mesh material into the marine environment to passively take fish without it being actively towed."[3]

Path to the ballot

See also: Laws governing the initiative process in Massachusetts

In order to qualify initiated state statutes for the ballot in Massachusetts, petitioners submit signatures in two rounds. One round is submitted to the legislature for review, and the other round is submitted if the legislature does not act on the initiative by a certain date. Submission for initiated constitutional amendments follows a similar but slightly different process in which approval of the initiative petition by at least one-quarter of the state legislature during two joint session votes replaces the second round of signatures.

Supporters had until December 2, 2015, to submit at least 64,750 valid signatures. If the supporters had gathered the required amount of signatures, the proposal would have been put before the Legislature. The initiative, however, did not meet the signature requirement.[5]

Related measures

See also

External links

Footnotes