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2017 Op. Alaska Att'y Gen. 1 (2017)

handle is hein.sag/sagak0093 and id is 1 raw text is: September 6, 2017 The Honorable Byron Mallott Lieutenant Governor P.O. Box 110015 Juneau, Alaska 99811-0015 Re: 1 7FSH2 Ballot Measure Application Review AGO No. JU2017200457 Dear Lieutenant Governor Mallott: You asked us to review an application for an initiative entitled: An Act providing for protection of wild salmon and fish and wildlife habitat (17FSH2). Because the application does not comply with the specific constitutional and statutory provisions governing the initiative process, we recommend that you decline to certify the application. I. The proposed initiative bill. The bill proposed by this initiative would amend, repeal, and reenact various provisions of AS 16.05 to protect water quality in anadromous fish habitat from the adverse effects of development and human activity. The bill is fourteen sections long, and provides as follows: Section 1 would add a statement of fish habitat policy to the uncodified law. The statement provides that because wild salmon are critically important to Alaska's communities, it is state policy to: ensure sustainable fisheries and fish and wildlife habitat; protect water resources and anadromous fish habitat; ensure that development in these habitats meets enforceable standards; and ensure the State meets its constitutional obligation to protect Alaska's fisheries. Section 2 would create new fish and wildlife habitat-protection standards under AS 16.05 and require the Commissioner of the Department of Fish and Game (Commissioner) to ensure the proper protection of fish and wildlife, including protecting anadromous fish habitat from significant adverse effects. To that end, this section would require the Commissioner to maintain certain standards when issuing permits for development in anadromous fish habitat with respect to: water quality and temperature; stream flow; species passage; habitat-dependent connections; habitat bank and bed stability; aquatic diversity; and adjacent riparian areas. This section would also allow the Commissioner to adopt regulations to implement these standards.

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