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Lt. Gov rejects setnet ban petition

Posted: January 6, 2014 - 4:35pm

Citing a 1996 Alaska Supreme Court decision Lieutenant Governor Mead Treadwell today rejected an initiative seeking to ban setnetting in certain areas of the state.

Treadwell decided on a course of action upon the advice of the State's Department of Law, which suggested that salmon are legal assets of the state that cannot be appropriated by initiative, according to a media release from the state. 

The newly formed Alaska Fisheries Conservation Alliance, which submitted the proposed initiative, called the decision "puzzling" in a media release. 

“I want to thank the Lt. Governor, Alaska Division of Elections and the Alaska Department of Law for doing their due diligence, however I struggle to see the logic or the legality of this decision," said AFCA executive director Clark Penney according to the release. 

The organization is considering a lawsuit. 

The Alaska Salmon Alliance, an organization representing commercial processors and fishermen called the decision "elating" in a media release.

“We are elated by Lieutenant Governor Treadwell’s decision to not certify this job-killing measure,” said Arni Thomson, Executive Director of the Alaska Salmon Alliance, according to the media release. “Though it was highly unlikely to ever pass, the Set Netter Ban would have instantly destroyed the jobs of more than 500 Alaska families who set net to make a living. We are happy to see it dead on arrival.”

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pengy
250
Points
pengy 01/06/14 - 06:15 pm
1
1
And the beat goes on....

And the beat goes on....

Seafarer
1147
Points
Seafarer 01/06/14 - 06:50 pm
4
0
Thank You!

Thank you a bazillion times! Set Netters rule and the Bob Penney's drool! Man oh man, I couldn't believe it was even tried. Penney will do anything to destroy, gleefully, anybody's life if they commercial fish, apparently not aware that guiding is commercial fishing, too.

Guides setting their clients directly on the King Salmon's redds is why their are none in the Kenai. They are the true carpetbaggers. Take the money and go guide in warmer waters.

borninak
615
Points
borninak 01/06/14 - 08:43 pm
3
0
Initiative Was Nothing But Greed , Not Conservation

This initiative was a joke to begin with and anybody with common sense knew this would be the outcome. The Board of Fish is going to rule harshly next on the folks that are trying to take away (rather than share) the resource. This ruling is a huge black eye for KRSA also.

rwhobby
196
Points
rwhobby 01/06/14 - 09:06 pm
3
0
Set netters

I'm glad the state ruled against incentive, the resources are for all the people of the state and not special user groups. Well the guides and Bob Penny found out that money can't buy people off all the time. Now that the alliance bring it to everybody attention we are all going to pay for it with more rules regulations in the fishery.

kenai123
1310
Points
kenai123 01/07/14 - 12:07 am
1
3
Initiative now turns into Referend where it should have been

FINALLY! Now we can get down to the business of tweaking this into the same process which was used to ban commercial fish trap gear back in 1959. See Ordinance No. 3 - Abolition of Fish Traps.
--------------------------------------------------------
Ordinance No. 3 - Abolition of Fish Traps
Section 1. Ballot

Each elector who offers to vote upon the ratification of the constitution may, upon the same ballot, vote on a third proposition, which shall be as follows:

"Shall Ordinance Number Three of the Alaska Constitutional Convention, prohibiting the use of fish traps for the taking of salmon for commercial purposes in the coastal waters of the State, be adopted?"

Section 2. Effect of Referendum

If the constitution shall be adopted by the electors and if a majority of all the votes cast for and against this ordinance favor its adoption, then the following shall become operative upon the effective date of the constitution: "As a matter of immediate public necessity, to relieve economic distress among individual fishermen and those dependent upon them for a livelihood, to conserve the rapidly dwindling supply of salmon in Alaska, to insure fair competition among those engaged in commercial fishing, and to make manifest the will of the people of Alaska, the use of FISH TRAPS for the taking of salmon for commercial purposes is hereby prohibited in all the coastal waters of the State."
http://ltgov.alaska.gov/treadwell/services/alaska-constitution/ordinance...
--------------------------------------------------------------------------
• Both initiative and referendum are powers given to the voters to accept or reject a piece of legislation, though initiative allows people to get the government to do what it should have and did not, while referendum give people the power to get the government NOT to do what they wanted to do.

• Initiative starts with votes, whereas legislative referendum initiates from the legislature and goes to the public, to approve or reject the proposed legislation.
------------------------------------------------------------------------------
"Shall Ordinance Number Three of the Alaska Constitutional Convention, prohibiting the use of fish traps (and set nets) for the taking of salmon for commercial purposes in the coastal waters of the State, be adopted?"

If the constitution shall be adopted by the electors and if a majority of all the votes cast for and against this ordinance favor its adoption, then the following shall become operative upon the effective date of the constitution: "As a matter of immediate public necessity, to relieve economic distress among individual fishermen and those dependent upon them for a livelihood, to conserve the rapidly dwindling supply of salmon in Alaska, to insure fair competition among those engaged in commercial fishing, and to make manifest the will of the people of Alaska, the use of FISH TRAPS (AND SET NETS ) for the taking of salmon for commercial purposes is hereby prohibited in all the coastal waters of the State."

borninak
615
Points
borninak 01/07/14 - 01:01 am
4
0
Dream On 123

Its quite simple 123. You were proven wrong by this ruling. Again. I could have sworn I just read some garbage written by you that the problem is in the ocean and kings are starving to death with some deficiency. If you believe that, why do we need to get rid of set nets? Simple again. We don't. This isn't about conservation, its about your greedy desire to reallocate fish to your commercial fishing guide service and the Alaska Department of Law and the Lt. Governor just ruled it so. Keep dreaming.

leewaytooo
1577
Points
leewaytooo 01/07/14 - 02:00 am
4
1
Commercial guides destroying

Commercial guides destroying the river.....

props killing smolts, props churning up the river bed

providing more food for other fish.... early run king

eggs churned up and flushed out the river..

If the Commercial guides on the river actually cared

about long term health, they would be advocating

drift boat only........... not them,,, they like

eroding the banks, killing the smolts... and basically

creating the problem that they want to blame on everyone

else...

no Novocain

as the circle becomes tighter

rwhobby
196
Points
rwhobby 01/07/14 - 09:17 am
5
0
Save the resource

123 do you know the difference between fish traps and set nets? The guides talk about saving the resource, but have you done anything to save it or just get rid of other user groups? The guide industry is a commercial fishery that has no regard to saving the resource.

Avik66
18
Points
Avik66 01/07/14 - 09:58 am
3
0
A Greedy Joe Connors

Connors just doesn't get it. He's still trying to make a case that set netters catching King salmon is a "bycatch". Nothing could be further from the truth as the department of law noted. A commercial permit holder is allowed via their permit to catch "salmon" inculding King salmon. Show me any evidence you have that the ESSN is anymore responsible for the downturn in King numbers than the in-river sport fishery.

Connors is a lodge owner and guide service and he is only trying to line his own pockets by a re-allocation of the King salmon resources. It's greed greed greed. He should be ran out of town as he, Penney and KRSA are embarassments to sport fisherman everywhere.

potomac
191
Points
potomac 01/07/14 - 10:31 am
3
0
touchy subject

I was surprised this went anywhere, there are so many conditions affecting the kings in all the rivers of AK, shutting of one group doesn't make a dent in the problem. What every happened the the set netter who was trying some different gear last year anyone know how it went?? Maybe the state should bring back the fish traps as the kings could be examined by biologists and released live and the reds could still be caught for the commercial interests without interfering with the kings. There definitely are to many hands in the pie but their must be other factors too outside of the inlet since the kings crashed on the Yukon, then upper Cook Inlet rivers then Kodiak island streams, there is a problem that is killing off these fish out in the open seas. Yes the Kenai is a joke with all the 50 hp 21 foot guide boats, erosion, etc. it all adds up, meanwhile we need money from all user groups to get the data needed to turn this around before it is gone, the sooner the better, stop name calling and put your money where your mouth is to help this out.

cormit
224
Points
cormit 01/08/14 - 07:15 am
1
0
AFCA

Definitely not a good day for Connors/Penny AFCA. This "all or nothing" group may have exhausted whatever political clout they thought they had, and the way forward may now be a little tougher for them. Here's some things that may have gone wrong.

The effort to establish set net caught kings as by-catch probably isn't working all that well. For set-netters .... kings are part of the catch .... not by-catch.

With the in-river king salmon harvest approximately the same as the entire east side set-net harvest, the same number of kings could just as easily be saved by eliminating kenai river guides.

The effort to call east side set-netters indiscriminate king killers is also not working out so well. The fact remains that the "indiscriminate" taking of kings by set-netters is spread across all age and size classes, where the in-river harvest targets the "once abundant" but "now mostly disappearing" largest of the species.

This "all or nothing" group convinced the legislature to reject the confirmation of Board of Fish member Vince Webster ..... for reasons that ended up not existing. This made the legislature look bad, and didn't exactly please the governor either.

Filing the petition for the initiative to ban set-netting ... with the BOF proceedings only a few weeks away may backfire as well. This maneuver implied a lack of confidence in the BOF process and is insulting to those sitting board members committed to finding balanced solutions to salmon allocation.

This group will now show up at the BOF hearings and expect all those disrespected parties to treat them as though they are fair and reasonable participants in the process. Good luck with that one. Your list of friends is much shorter now. I guess you reap what you sow.

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