In what is being called a small win for the subsistence fishermen in Bethel court on charges of fishing during the closed subsistence season last year on the Kuskokwim, the judge in the case, District Court Judge Bruce Ward agreed that religion is involved with the subsistence fishing of King Salmon.

But even so, he added that the need to protect the King Salmon run supercedes the free exercise exemption of religious practices Judge Ward stated that the court found “the need to police the Chinook run to ensure its continuity for future generations of Yup’ik fishermen and families overcomes the argued-for free exercise exemption.” He pointed out that if the run would not have been affected by the illegal fishing, that it would otherwise apply.

It was in June of 2012, that 60 fishermen were charged of gillnetting in violation of a closure that spanned twelve days on the Kuskokwim. Many of those charged, had their cases reduced to minor violations, of which most of the defendants pleaded guilty to and paid the fines imposed.

Almost two dozen others continued their fight in court after pleading not guilty to the state’s charges. The cases against the subsistence fishermen came to a halt last month when Judge Ward halted the proceedings to come to a decision on the Free Exercise Clause defense of the fishermen.

Judge Ward stated after researching the question, that he had determined that the subsistence fishermen met two of the three requirements of the free exercise clause of the Alaska Constitution. Which were:

1. Religion was involved
2. The Conduct was religiously based

But said the third which is, if the person is sincere, would have to be taken up as each individual case is heard.

Many of the fishermen were found guilty on Monday when proceedings re-started. They were given $500 fines with $250 suspended and one -year probation.

Judge Ward stated that the sincerity of the fishermen will not sway his guilty verdicts.

Northern Justice Project attorney James Davis, who is leading the defense says he plans to appeal.