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2014 Op. Alaska Att'y Gen. 1 (2014)

handle is hein.sag/sagak0066 and id is 1 raw text is: January 3, 2014

The Honorable Mead Treadwell
Lieutenant Governor
P.O. Box 110015
Juneau, Alaska 99811-0015
Re:   Review of Initiative Application for An Act providingfor the protection
and conservation ofAlaska 's fisheries by prohibiting shore gill nets and set
nets in nonsubsistence areas.
A.G. File No. JU2013200790
Dear Lieutenant Governor Treadwell:
You asked us to review an application for an initiative entitled An Act providing
for the protection and conservation of Alaska's fisheries by prohibiting shore gill nets and
set nets in nonsubsistence areas ( 13PCAF). We conclude that the initiative violates the
constitutional and statutory prohibition on making or repealing appropriations by
initiative, as that prohibition has been interpreted by the Alaska Supreme Court.
Accordingly, we recommend that you decline to certify the application.
I.    Summary of the Proposed Bill.
A.    Brief Summary and Background.
On November 6, 2013, an initiative committee filed with your office an
application to certify a ballot initiative. The law proposed by this initiative would prohibit
the use of shore gill nets and set nets for fishing in nonsubsistence areas of the state for
all purposes other than customary and traditional use or personal use fishing.
B.    Sectional Summary.

The law proposed by this initiative consists of four sections:

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