The Alaska Court of Appeals on Friday ruled against 13 Yup'ik Eskimo fishermen who challenged their convictions of illegal king salmon fishing on the Kuskokwim River during a poor run in 2012.
In siding with the state, the appellate court said protecting king salmon stocks supersedes the argument by plaintiffs that the state had a duty to accommodate their cultural and religious beliefs. The fishermen maintained they have a spiritual right to fish for king salmon when restrictions are in place — a defense based on a free exercise clause of the Alaska Constitution.
In its ruling, the appellate court said the religious exemption sought would have to apply to all Yup'ik subsistence fishermen, an action that would have hurt the king run. The court noted that a Yup'ik elder testified on behalf of defendants that subsistence fishing for kings "is sacred to all Yup'ik fishers" and that whole families participate in that activity.
"Given this record, we conclude that it was not error for the district court to find that the defendants had essentially asserted a religious right to 'unfettered' subsistence fishing," the court wrote.
Plaintiffs' attorney, James J. Davis, said he believes an appeal to the Alaska Supreme Court is warranted, but will check with his clients to see how they want to proceed. Davis called Friday's ruling disappointing and said it ignored the state's decision to open up the river to all Alaskans later in the summer of 2012, with scores of kings caught incidentally. Davis also believes the state could have done a better job in future planning to prepare for low runs.
The fishermen have long maintained that during low runs of kings, the state could allow a subsistence priority to Yup'ik fishermen or press action against commercial pollock trawlers that catch thousands of kings each year as bycatch off Alaska's coast.
Altogether, 60 fishermen from western Alaska originally faced misdemeanor charges of using restricted gear or fishing in closed sections of the Kuskokwim during the 2012 king run.
Most charges were later reduced to minor violations. Many of the fishermen pleaded guilty to the reduced counts and were ordered to pay $250 fines.
About two dozen remaining fishermen were found guilty in May 2013 after trials before a judge in Bethel.
In the convictions, Judge Bruce Ward imposed $250 fines for all but one fisherman, who was fined $500. The fishermen also were placed on probation for one year.