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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

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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