The Dunleavy administration lifted the 19-year-old ban in 2020, but four nonprofits are suing to restore it.
“Jet skis are polarizing. People love them. Or they hate them. Whether to allow their use in Kachemak Bay divided the local community back in the 2000s, and it has continued to divide the local community ever since,” state attorneysto the Supreme Court, attorney Samuel Gottstein — representing supporters of the ban — said that the state law that created the conservation areas prohibits the commissioner from revoking the watercraft ban once it was installed by regulation by a prior commissioner.
“It’s like a parent saying, ‘I brought you into this world and I can take you out of it,’” Gottstein told the justices on Wednesday. “The reality is, no parent has that right, just like Fish and Game doesn’t have that right.” “Decisions on uses within , to the extent they affect fish and wildlife and their habitat, fall to the commissioner under his general authority from the Legislature,”Gottstein said that even if the court rules that the commissioner does have the power to eliminate the ban, it should rule against Vincent-Lang’s 2020 repeal because it acted arbitrarily, without regard for public input and analysis, and in a way that was inconsistent with other regulations.
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