Setnet initiative struck down
The proposed ban on setnets was struck down Monday afternoon as a “prohibited appropriation” under the advice of Alaska’s Department of Law.
Lt. Gov. Mead Treadwell announced this afternoon that the proposed ban on setnetters would not appear on the ballot.
According to a statement from the Division of Elections, the Department of Law issued a 12-page opinion 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, according to the press release.
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