ANCHORAGE — An attorney for Alaska Natives cited for illegal fishing is renewing his religious protection defense, saying the state could conserve king salmon runs on the Kuskokwim River while granting Yup’ik Eskimos a subsistence fishing priority to accommodate their long-held spiritual views.
James J. Davis Jr. says in a court brief that Yup’ik people believe animals have “yua” — or spirits — offered to worthy hunters. He says fishing bans could cause a scarcity of kings.
“If Yupik people do not fish for King Salmon, the King Salmon spirit will be offended and it will not return to the river,” Davis wrote.
The brief filed Monday in Bethel elaborates on a November filing that claimed religious protection rights for the 21 fishermen, whose trials are set to begin April 15. In the November filing, Davis said two specialists on Yup’ik culture would testify how and why defendants’ beliefs are protected by the Alaska and U.S. constitutions, as well as the federal Religious Freedom Restoration Act of 1993.
State prosecutors did not immediately respond to a request for comment. In a January court filling, however, they disputed the religious protection claims, saying the state cases are not subject to the federal religious law. Prosecutors also said the fishermen failed to support their arguments of First Amendment protections under the U.S. Constitution.
“They do not cite any cases which would support their position, leaving the state and the court to guess at their argument,” prosecutors wrote. “In general, however, neutral laws — those not targeted at religious practices — which incidentally burden religious activities do not violate the First Amendment.”
Davis said Tuesday that he now intends to focus on the state’s constitutional protections, as noted in Monday’s filing.
Three other fishermen tried separately in October were found guilty of violating strict fishing restrictions for kings during a weak run last summer. The men were each fined $250.
In his court brief, Davis said the state can protect king runs and still allow Yup’ik fishermen a subsistence priority over non-Yup’ik residents, even for a short fishery. He said the state also could take action against the commercial Pollock trawlers that catch thousands of kings each year as bycatch off Alaska’s coast.
“The defendants concede there’s a compelling interest in protecting king salmon, but the bottom line is, is whenever there’s a compelling interest — like a shortage in moose or shortage in salmon — the state has to do everything it can to reduce other uses before infringing on a religiously protected use,” Davis told The Associated Press. “What’s clear in this case, the state hasn’t done that.”
Altogether, 60 fishermen from western Alaska originally faced misdemeanor charges of using restricted gear or fishing in closed sections of the Kuskokwim River during the king run last summer.
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.
State and federal officials have said ensuring sustainability for future runs is the greater priority, and last year’s king numbers were severely low. The dismal runs led to federal disaster declarations for the Yukon-Kuskokwim area and Cook Inlet.
Comments (15)
Add commentGo figure.....
If they don't fish there won't be any fish. There seems to be something wrong with that thought????
My views
It is my spiritual perspective that the bounty of the world was put forth for me to harvest and that I can catch as many King Salmon as I want - whenever I want and wherever I want.
And my spiritual views also tell me I can do the same with all the other fish and wildlife species.
Under our Constitition......
You are entitled to a defense. It does not provide that your defense has to make any sense. That defense can be based on what you happen to believe (whatever is convenient for you at the moment) but it must comply with existing law., State and Federal.
This defense flies in the face of common sense. But then, common sense has nothing to do with religion and vice versa. Its all in what you believe.
Me?.....I believe I'll have another drink!!
Classic statements!? Only in Alaska.
Reasoning one might hear from a toddler:
“If Yupik people do not fish for King Salmon, the King Salmon spirit will be offended and it will not return to the river,”
Other communities have strange people and strange ideas but that statement is a winner!
People wonder why they hear Twilight Zone music while in AK? Now we know why.
Come on
It's ok break the law and fish an endangered run because you're Indian and don't want to make the fish spirit mad?
Really? That's the best defense the lawyer could come up with?
Bill B
All of the previous comments sound very recast. Different races and people other that the white man have different beliefs. Making fun of others is childish, and show NO respect for other people
shameful
I could respect a religious choice IF it were brought up before these people violated the law. They knew the restriction was in place yet opted to do nothing but break the law.
They had every option of challenging the law before they needed an excuse for breaking the law.
...
They aren't taxpayers and should be treated as third class guests. If they don't want to be apart of this country deny them the use of our highways, schools and hospitals.
King Salmon Spirits...
Can't help but think they'll be pretty upset if the run is destroyed.
Salmon
Please remember that they were here long before ANY white man set foot in Alaska. I am not say they they shouldn't obey, But first few comments were making fun of their sacred practices. Just because their beliefs are different that theirs give then NO right too make fun of an other persons beliefs!
Rip My Lips or Risk Offending Me!
If you stop ripping my and my relatives' lips and stop bringing us out of the water and asphyxiating us, we will take that as a sign of disrespect and won't come back to participate in this torture.
Puh-leeeze! I'm not bashing any cultural or religious views; they knew the law (or should've) and now they are trying to use their culture and religious views to get out of the charges. That's what's wrong.
I'm going to thaw out some King Salmon for dinner.
Ridiculous
The argument that they were here first doesn't hold water. If that is the argument then no white man, black man, asian or any other race other than "Native American" would have any rights in America. And what is a Native American? I believe they also migrated here.
Peoples from all over the world have had to modify religions for the sake of civility. Not too many religions are throwing virgins into volcanoes anymore. I would think that if the Yup'ik people are truly concerned about not offending the King Salmon spirit, they would do everything they could to preserve the salmon runs for future Yup'ik people.
My God
Thor, told me to kill as many King Salmon as possible before, during and after the dreaded tourist hordes come. UUGGG.....
Kookesh-ing
Sounds like a bunch of Kookesh-ers out doing some Kookesh-ing!
http://juneauempire.com/stories/090310/sta_704259085.shtml
If a state senator can do it, why can't we?
really
with no definitive way for one to prove they are a member of some religious group with special beliefs I believe this defense will prove interesting. As an American I'll be expecting the same religious protection of the laws when I claim my belifs parallel those of the defense.
Interior River Kings
The Interior king salmon shortage is not a new subject. For over the past 20 years, both the Sate, and Federal Fish and Game knew the decline,and closure was inevitable. Every time this king salmon run decline makes the news, the Fish and Game Departments announce...."we have to study and research what is causing this decline". The last time around with this subject, the Fish and Game announced a $1.5 million plan to further "study and research" the Interior king salmon run decline. All those years and years of studying did not put one salmon on the table. What should be done at specific Interior river villages is to built "Fishin Holes",the same way the Fish and Game stocks a man-made fishing hole with king salmon smolt at the Homer Spit,and at a Juneau Harbor fish pen. On average,over 3300 kings are taken from the Homer Spit fishing hole by sport fishermen. Building these kind of fishing holes in the Interior, would help solve the Interior river folks subsistence needs,and help create needed jobs. All the arguments the fishery biologists use to oppose the Interior river fishing hole concept,for what ever reason, don't seem to apply to the Homer Spit fishing hole that the Fish and Game dug, or to the multitude of anchored smolt release pens that the Fish and Game operate through out Southeast Alaska.