Saturday, January 25, 2014

Effort to ban setnets is now a court case

Backers of a proposed ballot initiative to ban commercial setnets in Cook Inlet and elsewhere have sued Alaska Lt. Gov. Mead Treadwell over his rejection of the measure.

The lawsuit, filed in state Superior Court at Anchorage, argues Treadwell relied on an "erroneous legal opinion" from the attorney general in rejecting the initiative.

Here's a press release from the Alaska Fisheries Conservation Alliance, which filed the suit.

28 comments:

Anonymous said...

It's a shame that we have lazy people like Bill McKay cloggin up our state courts. If he had read the court opinion from Pullen+UFA vs. Ulmer he would understand where the Division of Law based their opinion. He clearly slept through his Jr. High civics class.

Anonymous said...

The public comments for the UCI meeting have been posted on the ADF&G BOF website. Take a look at the numbers of people that have voiced their concerns with the lack of King salmon in the Kenai and the loss of their opportunity to catch Kings as residents of the State. If the initiative gets on the ballot it is almost certain to pass. The 450,000 people that live in the Anchorage and Mat Su areas will most certainly vote to ban Set Net fishing. Sure the Kenai area will likely vote against it. But the Kenai area has very few people. And the money will be behind the initiative. Don't think that it won't happen. It will. Tick Tock, Tick Tock

Anonymous said...

Kodiak Seine fishermen caught 29,000
chinooks,trawlers are capped at 18,000 in the gulf, so set nets catch a couple of thousand and they need to be banned? These guys math does not hold water.

Anonymous said...

Here we go again...some public comments to the BoF, written by people with an interest in Cook Inlet salmon issues, is now a template for how Anchorage/Mat-Su voters will act on any "ban the nets" proposal? Ha, that's a good one. No doubt many of the public comments flow in at the behest/advocacy of KRSA members--hardly an unbiased sample of public opinion.

You guys are doing a real bad job of reading the tea leaves if you think your set net ban is some sort of slam dunk. Wishful thinking.

Anonymous said...

The press release is wrong. Commercial set netting is going strong in Washington and Oregon. The treaty tribes have been set netting salmon in these states since 1974. They are also using set nets on the Frasier River in Canada.

Anonymous said...

Yeah, that's right, special privileges.

Anonymous said...

State of Washington, Oregon, and BC do not regulate tribes. The Feds of both countries do. Set nets have been banned in six state entirely and in Washinton and Oregon for the most part. They will be banned in Alaska. It won't even be close.

Anonymous said...

get this goddamned sporty off of deckboss

Anonymous said...

I believe that Deck Boss should be a forum for all opinions. That is why it is so good. Differences of opinions should be welcomed, not attacked. It is great to show passion. But referring to some one as 11:50 did only deepens the chasm between users and is part of the problem and not the solution.

Anonymous said...

I would be interested to know if KRSA has paid for any polling on this issue. Of course, polls can be pushed one way or another by how the questions are framed, but I'm guessing they haven't done anything like that.

So instead, we just get treated to some anonymous guide's opinion here on the blog about how the vote is already a done deal--and how they're just going through the formality of getting it on the ballot.

I've read a lot of comments in various articles written about this issue...on the ADN, Clarion, AK Dispatch, AJOC, AK. Outdoor Forums, and even KRSA's own Facebook page. There is very little support from what I've read. Granted its not scientific, but its is some snapshot of public opinion nevertheless. KRSA (yeah they claim to have nothing to do with the initiative) has a tall mountain to climb to pass something like this.

Anonymous said...

1041: whether KRSA had anything to do with the initiative or not is immaterial. And your assessment of the opinions voiced in the Clarion, AJOC, Homer Paper or anywhere else on the the Kenai Pennensula is not representative of the several hundred thousand Alaskans that want their chance at the fish and view the ESSN unfavorably. These media sources are dominated by the commercial crowd and are extremely biased. Everyone knows that. The Anch paper is paying little attention to the matter. If you do not believe that the promoters of the initiative have done some polling, you need to think again.

Anonymous said...

4:23. If I asked in a poll "The Kenai king salmon are in dire trouble and the ESSN is catching thousands of them. Would you favor eliminating set nets in urban area to save the Kenai king salmon?" I might get one answer. If I simply ask the question differently, like "to you favor eliminating the Cook Inlet commercial set net fishery to give more kings to the in-river sport fishery?" I'll wager I get a different result. Polls totally depend on the question asked.

I didn't speak to just the Kenai Peninsula papers, and I acknowledge my reading of comments is hardly scientific. But, try Fairbanks New-Miner, Juneau Empire, AK. Outdoor Forums, etc. Hell even your own Facebook page when the initiative was first announced earlier last fall. The commercial guys must have their act together to be able to bomb all the media with mostly unfavorable comments. Dismiss all you want!

Anonymous said...

You seem like a level headed person. My guess is that you are not an ESSN fisherman / woman. Probably a strong advocate for them, however. And that is ok. But remember people can differ and that is a good thing. You are correct. the commercial fish industry on the Kenai and elsewhere do indeed have their act together and for many years have been the dominant voice in the ADF&G, and on the BOF. However, That is changing somewhat. Sports fisheries have had KRSA, and little else because they have not been organized. That too is changing. An example is found in the Public comments to the BOF for the next meeting. Almost 300 people signed their name, provided email and regular addresses and gave out their telephone number in providing various letters of support for the sports fisheries on the Kenai and in the Mat Su valley / Anchorage. Yes, they were a result of the KRSA save the Kings campaign. But they nevertheless took the time to make their points. Unheard of in the past. The same for the Mat Su Valley F & W commission. They appear to be better organized than ever before. Compare that to the weak support for the commercial fisheries on the Kenai. One commercial fishing organization on the Kenai area tried the same thing as KRSA and apparently got nowhere because none of it is seen in the Public Comments. So say what you will about the media sources and their biases. IMO they do not speak for the people who if called upon to vote on the initiative may surprise you. I could be wrong, of course.

Anonymous said...

I would be interested to know if KRSA has paid for any professional bloggers on this page

Anonymous said...

I like the paid bloggers best 6:12.

"No exclusive right or special privi council?"

"So much for SEAS or UFA's leadership being advocates for fair and equitable treatment of all similarly classed fishermen..."

The distressed fishery list; in a Federal Registrar near you.

Just Vote Yes!

http://www.alaskareport.com/taufen30019.htm

Anonymous said...

2:17 Fair enough. You're right, I am not an ESSN person, nor do I fish CI. Just an interested observer. I guess we'll see how it plays out. 11:03

Anonymous said...

I think that all commercial fishing should be banned--the way in the past all commercial hunting was banned. Only subsistence and sport fishing should be allowed.

Anonymous said...

^^^good thing no one cares what you think!^^^

Anonymous said...

I think 5:35am should be banned from breathing oxygen--you tool!

Anonymous said...

There was some hope that the outcome of the UCI meeting would have made the initiative unnecessary. Regrettably the ESSN group did not take advantage of that opportunity. The hostility generated by them has only added to the resolve of the backers. Some set netters recognized the impending crisis they faced and tried to find a solution. They were taken to the wood shed for breaking ranks. It's too bad, but the end of set gill nets is coming and it will be somewhat of a self inflicted wound. The professionalism of some regular attendees from the ESSN group was at an all time low. Insults of Board members got around and only solidified their resolve to do the right thing. Those few who made the insults are to a great extent responsible for a some of the board's decisions. And everyone knows who they are.

Anonymous said...

Congratulations, you won. Science, and the ESSN lost. You have crippled their careers and taken food out of their children's mouths. There are a lot of hurting families right now.

Show some class and walk away knowing you won. What do you hope to accomplish by threatening them now?

And please, the guy heckling families who have just lost their livelihoods is in no position to pass judgement on the professionalism of others. And nobody paying attention (on either side) believes that KRSA and Co. own the moral high ground here either.

It's sad that there are people in the world taking such pleasure in the pain and loss of others.

Anonymous said...

It is going to be a hard lesson when we discover it is not the ESSN at fault for the King decline. But an in river problem it which very little is being done. You can not put that kind of pressure on a river and hope the kings come back. Hope is not a plan here. The place to catch salmon is in salt water not the womb (river). It will become clear in time. Lets hope not to late.

Anonymous said...

Nobody mentioned KRSA. And no one wants families to suffer. For once in a long while there is some balance. The ESSN and Set net fishermen will all make a good season. And hopefully so will the ND. There was no hostility from those up north or on the Kenai who wanted more Kings in the river. Not this year or other years. The meanness has come from the commercial sector. The KPFA and ASA people have been spewing the harsh comments. When have you ever heard such antipathy from from Sports. Never! . Yes, you all did have a chance and you blew it. Bye bye.

Anonymous said...

The gillnetters that take like 13% of the total harvest take the lion's share of the cuts. The sportfishermen which take the vast majority of Kenai Kings takes virtually none. Absolutely nothing is done to protect the habitat.....In what way is that a "balanced" approach?

Anonymous said...

5:03

I don't think you understand. It is not about balance it is about providing a place for kings to spawn in peace. You're still stuck on allocation, not the resource and its habit. Next time your down on the Kenai River throwing gear around stop and take a look around. The picture is not pretty if you become a neutral observer.

Anonymous said...

Still surprised Wesley hasn't had a piece up about the UCI meeting.

And 5:03pm. Meanness from the commercial sector? What else is the net ban initiative other than meanness? Bring on the initiative and look up some recipes for crow, because you'll have to eat some when it goes down.

Anonymous said...

From what i heard the early run of Kings will be shut down for the in river users. Period. Also, the in late run river users will suffer restrictions and will likely be hook and release to start and unless something unexpected happens will never go to harvest. That sounds like a hurt for them. Meantime the ESSN will be fishing, hopefully with some paired restrictions. But there will be harvest. It's time to back away from the 13% argument. Everyone knows that the ESSN mortality is greater to an unknown amount. some of the fishers even acknowledged that there was under reporting. And we all know about drop outs. Why can't you at least acknowledge these facts. Sure the total is less than the sports harvest. it is supposed to be. But let's give it a proper estimate. Say 25% maybe a bit more. And still no response to the mean spirited actions and comments by one user group which always takes place and none from the other. Why is that?

Anonymous said...

7:17: you may be correct. the initiative may go down. But nobody should think about having to eat crow. it need not come to that. No one will win in that all out war. But until the parties can come together on a solution that risk is still there. I would not want to bet on the outcome. Do you? But look who has the most to lose. If the initiative dies it is status quo. Nothing changes. If it is successful, who loses? So, in a big way the in-river people have nothing to lose. But the ESSN people; that is another story. So maybe it is time to come clean with the facts of mortality and find a good way to keep off the Kings. Instead of hurling insults and refusing to acknowledge facts, maybe it's time to come up with solutions. All the claims that it is habitat and placing the blame on the in-river users does nothing to solve the problem and avoid the initiative process. The clock is ticking, but there still is time for a solution.