Treadwell, 010314 AKAGO, AGO JU2013200790
Case Date | January 03, 2014 |
Court | Alaska |
• Section 1. This section adds a statement of findings and intent to the uncodified law. Specifically, it finds:
• that the state permits the use of shore gill nets and set nets;
• that within nonsubsistence areas, shore gill net and set net fishing kills or injures large numbers of non-target species;
• that within nonsubsistence areas, shore gill net and set net fishing wastes fish because of the high mortality rate for escaped fish and high levels of by-catch of non-targeted species;
• that shore gill nets and set nets have been banned in other states due to their indiscriminate method of take;
• that there is significant pressure on fisheries resources in nonsubsistence areas, which are close to the state's urban population centers;
• that fishing in nonsubsistence areas requires more protections and restrictions to minimize by-catch of non-targeted species;
• that the use of shore gill nets and set nets in nonsubsistence areas is inconsistent with Alaska's constitutional obligation to maintain sustainable fisheries;
• that the limited use of shore gill nets and set nets in nonsubsistence areas will help conserve and develop fisheries consistent with sustained yield; that the customary, traditional, or personal use of shore gill nets and set nets in nonsubsistence areas does not impact fisheries as much as other uses in those areas;
• that the intent of the bill is to prohibit the use of shore gill nets and set nets in nonsubsistence areas of the state for all purposes except for customary and traditional use or personal use; and
• that the bill does not intend to limit the Legislature's or the Board of Fisheries' discretion to allocate fish among competing users.
• Section 2. This section adds a statutory provision, to be designated AS 16.05.781. The proposed statute is entitled "Set gillnetting in nonsubsistence areas prohibited" and contains four subsections.
• Subsection (a) provides that, except for customary and traditional use or personal use fishing, a person may not use a shore gill net or set net to take fish in any nonsubsistence area.
• Subsection (b) cross-references and incorporates existing statutory definitions of "customary and traditional, " "personal use fishing, " "shore gill net, " "set net, " and "nonsubsistence area."
• Subsection (c) provides that nothing in the statute shall affect the use of shore gill nets and set nets in subsistence areas.
• Subsection (d) provides that nothing in the statute shall be construed to limit the discretion of the Legislature or the Board of Fisheries to allocate fish among competing users.
• Section 3. This section adds a standard severability provision to the uncodified law, providing that if a court should find any part of the law invalid, the remainder will be unaffected.
• Section 4. This section provides for an immediate effective date upon enactment.II. Analysis. 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."
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