A group of Yup'ik fishermen have decided not to appeal a court ruling that found severe fishing restrictions on king salmon in Alaska trumped their cultural and spiritual rights, their attorney said Thursday.
The state Court of Appeals ruled against the 13 fishermen from western Alaska villages who challenged their convictions involving king salmon fishing on the Kuskokwim River during a weak run in 2012.
Thursday was the deadline to appeal to the Alaska Supreme Court, according to plaintiffs' attorney James J. Davis. He said it was the consensus of lawyers, fishermen and tribal leaders that the court system is not the best avenue for protecting subsistence rights.
"The feeling was the state courts have never been very protective of Native subsistence rights," Davis said. "We didn't feel going to the state Supreme Court was going to provide better protections for subsistence."
In its March 27 decision, the appellate court said protecting king salmon stocks supersedes the fishermen's argument that the state had an obligation to accommodate their spiritual fishing rights. The court also noted the religious exemption sought would have to apply to all Yup'ik subsistence fishermen, and such an action would have hurt the king run.
The fishermen argued they have a spiritual right to fish for king salmon when restrictions are in place. That defense was based on a free exercise clause of the Alaska Constitution.
Davis previously said he believed an appeal to the state high court was warranted.
On Thursday, he said resolving the general rights issue might be a matter better suited for the federal court system, although no such action is imminent at this point. There also is some hope among Alaska Natives that the administration of new Gov. Bill Walker will be more open to partnering with tribal groups to protect subsistence rights, he said.
A total of 60 western Alaska fishermen initially faced misdemeanor charges of using restricted gear or fishing in closed sections of the Kuskokwim River during the poor king run in 2012. Most of the charges were later reduced to minor violations, with many of the fishermen pleading guilty to the lesser counts and ordered to pay $250 fines.
About two dozen fishermen were found guilty after trials before a Bethel judge in 2013. One fisherman was fined $500 and the others were fined $250.