The Alaska Fisheries Conservation Alliance (AFCA) is finalizing its briefings with the Alaska Supreme Court. Attorney Matt Singer says their last brief was submitted today, and they’re on schedule to ask voters in 2016 if set nets should be banned in urban areas of Alaska.
Singer: “Well on the legal question, we think it is a core constitutional right that Alaskan citizens have. My client is concerned about fisheries conservation and frankly is concerned that state biologists have not done enough. It’s time for the voters to participate and exercise their constitutional rights and bring this issue to the floor. Fundamentally we think this is what it means to be an Alaskan.”
The AFCA has its sights firmly set on the primary ballot next year.
The Alaska Supreme Court now waits on a reply from the State of Alaska. Oral arguments on the case are expected later this year, with no timeframe set for a decision.
Despite a previous rejection from former Lt. Governor Mead Treadwell, Singer insists, “This ballot initiative is entirely appropriate under Alaska law.”
Since the initial decision in January 2014, Lt. Governor Treadwell has been replaced by Lt. Governor Byron Mallott. During his campaign, we asked Mallott how he feels about the case.
Mallott: “I don’t believe that its public policy I think it even violates the intent of our constitution if not the plain language of our constitution. Management decisions of our natural resources be made by referendum or by ballot, it needs to be left to managers and based on scientific principle.”
The AFCA filed the application for a ballot initiative with then Alaska Lt Governor Mead Treadwell in November of 2013 and it was rejected the following January. The Alliance then appealed the decision to the Anchorage Superior Court and won its challenge. The State of Alaska challenged the Superior Court ruling and the case now sits before the Alaska Supreme Court.
The five state-designated urban, non-subsistence areas are most of the areas immediately surrounding Anchorage (including the Kenai Peninsula Borough and the Matanuska-Susitna Borough), Fairbanks, Juneau, Valdez and Ketchikan. If voters approve the initiative, commercial set nets in these areas would be banned. The initiative would not affect subsistence or personal-use fishing such as dip netting.