Working for Alaska's Salmon Future Today
Header

State says proposed setnet initiative won’t be on ballot

January 7th, 2014 | Posted by Alaska Salmon Alliance in Articles | News

Ruling finds proposal to be allocative

Morris News Service-Alaska/Alaska Journal of Commerce

An initiative proposing a ban on setnets in certain parts of the state was rejected Monday as a “prohibited appropriation” under the advice of Alaska’s Department of Law.

Lt. Gov. Mead Treadwell announced Monday afternoon that the proposed initiative would not appear on the ballot.

The Department of Law issued a 12-page opinion Jan. 3 that determined that having voters consider the ban would be an appropriation, which cannot be addressed in a ballot initiative.

That was based largely on a 1996 Alaska Supreme Court decision in Pullen vs. Ulmer that maintained that salmon are assets that cannot be appropriated by initiative, and that preferential treatment of certain fisheries may constitute a prohibited appropriation.

In the Pullen case, a ballot initiative would have allocated a preferential portion of salmon to subsistence, personal use and sport fisheries, and limited them to about 5 percent of the projected statewide harvest. The state’s supreme court ruled that was an unconstitutional appropriation, and the question was not allowed on the ballot.

Due to copyright law, the Alaska Salmon Alliance cannot repost full articles. You can read the rest of this editorial here.

Because the Alaska Salmon Alliance wish to provide a wide breadth of information, we sometimes provide links and documents that may conflict or present only one perspective on an issue.  Because of that, we feel it is important to note that none of the content provided on our website necessarily represents the views or opinions of the Alaska Salmon Alliance, excepting, of course, those articles authored by us.

You can follow any responses to this entry through the RSS 2.0 Both comments and pings are currently closed.