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Fishermen Found Guilty, Although Court Agrees Subsistence Salmon Fishing is Religious

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Photo Credit: Alaska PublicNearly 50 fishermen were cited for illegal salmon fishing last June. Half of them pled not guilty and have been fighting it in court ever since.

In recent weeks, the fishermen had been waiting to hear a decision on whether they have the religious right to subsistence fish, even during state closures.

The trial resumed May 20 in Bethel and the fishermen packed into the courtroom with some people left standing in the hallway. It was a trial by judge and Judge Bruce Ward, in a gentle voice, said the court found that the state’s need to restrict King salmon supersedes the fishermen’s right to religious practice.

“The court wants all parties to know that this was a very difficult decision to make,” Ward said. “This was not easy.”

The fishermen were challenging the state based on a free exercise clause of the Alaska constitution, arguing that subsistence fishing is a religious practice and that when they fished last summer during closures, they were practicing their religion.

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Commerce secretary declares Alaska salmon disaster

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Photo credit: Peber the Swede

King salmon fisheries in major Alaska watersheds have been declared failures by the U.S. Department of Commerce, making commercial fishermen eligible for disaster relief.

Acting U.S. Secretary of Commerce Rebecca Blank announced the disaster declaration Thursday for the Yukon and Kuskokwim rivers, which flow into the Bering Sea, and for Cook Inlet region south of Anchorage, which includes the Kenai River.

“Some Cook Inlet salmon fisheries have experienced revenue losses of up to 90 percent of their historical average during the 2012 season, seriously hurting local economies that are dependent on fishing,” Blank said in her announcement.

The Yukon River is North America’s third-longest. Villages along the Yukon and Kuskokwim rivers depend on chinook salmon for both commercial sales and subsistence needs, Blank said.

King salmon are the largest of the five Pacific salmon that thrive in Alaska waters. They hatch in freshwater streams, live a year in rivers and spend three to four years in ocean water before returning to streams to breed and die. Some spawning Yukon River kings swim more than 2,000 miles over two months across the width of Alaska to reach headwaters in Canada, according to the Alaska Department of Fish and Game.

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