John Albert Scudero Jr V State Of Alaska

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Key Facts

John Albert Scudero Jr., a member of the federally recognized Metlakatla Indian Community, was convicted of three commercial fishing violations in State waters: fishing without a permit, fishing in closed waters, and unlawful possession of fish. Scudero appealed, arguing that his aboriginal and treaty-based fishing rights exempted him from state commercial fishing regulations. The Supreme Court of Alaska affirmed his convictions, holding that the State has authority to regulate fishing in State waters in the interests of conservation regardless of the defendant's claimed aboriginal or treaty-based fishing rights. The court also remanded the case to the district court to remove erroneous probationary periods from the judgments.

Issues

  • The court examined whether the district court's decision to prevent testimony about the defendant's aboriginal fishing rights and the history of the Metlakatla Indian Community violated due process, free speech, and jury trial rights, finding the testimony irrelevant to the charged offenses.
  • The court addressed whether the State of Alaska has authority to regulate commercial fishing in State waters despite the defendant's claimed aboriginal and treaty-based fishing rights, concluding that state conservation regulations apply regardless of such rights.
  • The court determined the sentence was not clearly mistaken except for erroneous probationary periods that were remanded for removal from the judgments, as the judge had indicated at the hearing that probation would not be imposed.
  • The court analyzed whether the district court properly admitted evidence of the defendant's 1996, 2002, and 2003 commercial fishing convictions under Evidence Rule 404(b)(1) and 403, finding no abuse of discretion.

Holdings

  • Scudero's sentence was not clearly mistaken except for the erroneous imposition of probationary periods. The court imposed the statutory minimum $20,000 fine, suspended commercial fishing privileges for five years, and the parties agree the one-year probationary terms in the written judgments must be removed based on the oral sentencing statement.
  • The State has authority to regulate commercial fishing in State waters in the interests of conservation regardless of the defendant's aboriginal and treaty-based fishing rights. The Supreme Court of Alaska affirms Scudero's convictions for commercial fishing violations and upholds the sentence as not clearly mistaken, except for the erroneous probationary term that must be removed from the judgments.
  • The district court did not err when it prevented Scudero from testifying about his aboriginal fishing rights and the history of the Metlakatla Indian Community. The testimony was irrelevant to the charged offenses because the intent necessary for conviction was undisputed—Scudero admitted he was engaged in commercial fishing for profit outside the exclusive zone without a permit.
  • The district court did not abuse its discretion by admitting evidence of Scudero's prior commercial fishing convictions from 1996, 2002, and 2003. The court properly balanced the probative value on the intent issue against any potential prejudice, and the evidence was necessary to prove intent to commercially fish without a permit.

Remedies

The Supreme Court of Alaska affirms Scudero's convictions but remands to the district court for modification of the judgments to remove the erroneous probationary periods that were included in the sentencing. The court notes that the judge had stated at the sentencing hearing that probation would not be required, making the written judgments' inclusion of a one-year probationary term incorrect.

Monetary Damages

20000.00

Legal Principles

The State has authority to regulate commercial fishing in its waters for conservation purposes, even by persons whose fishing rights are aboriginal and reserved by treaty. The 'conservation necessity' principle permits states to impose reasonable and nondiscriminatory regulations on Indian hunting, fishing, and gathering rights when necessary for conservation. This principle applies to both treaty-based and aboriginal fishing rights, and the State's regulation must be reasonable and necessary for conservation, without discriminating against Indians.

Precedent Name

  • Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999)
  • Scudero v. State, 917 P.2d 683 (Alaska App. 1996)
  • Antoine v. Washington, 420 U.S. 194 (1975)
  • Puyallup Tribe v. Department of Game of Washington (Puyallup I), 391 U.S. 392 (1968)
  • Organized Village of Kake v. Egan, 369 U.S. 60 (1962)
  • Department of Game of Washington v. Puyallup Tribe (Puyallup II), 420 U.S. 194 (1975)
  • Metlakatla Indian Community, Annette Islands Reserve v. Egan, 369 U.S. 45 (1962)
  • Washington v. Wash. State Commercial Passenger Fishing Vessel Ass'n, 443 U.S. 658 (1979)
  • State v. Chaney, 477 P.2d 441 (Alaska 1970)
  • Tulee v. Washington, 315 U.S. 681 (1942)

Cited Statute

  • Alaska Limited Entry Act legislative purpose and findings
  • Alaska Statutes governing Supreme Court jurisdiction for appeals
  • Alaska Statutes governing commercial fishing regulations
  • Alaska Statutes defining commercial fishing
  • Alaska Statutes governing fine enforcement and ability to pay

Judge Name

  • Chief Justice Bolger
  • Justice Carney
  • Justice Maassen
  • Justice Winfree

Passage Text

  • The crimes of which Scudero was convicted are violations of the Limited Entry Act and of regulations enacted under the Act's authority. Alaska Statute 16.43.010(a) describes the legislative purpose: It is the purpose of this chapter to promote the conservation and the sustained yield management of Alaska's fishery resource and the economic health and stability of commercial fishing in Alaska by regulating and controlling entry of participants into the commercial fisheries in the public interest and without unjust discrimination.
  • We AFFIRM Scudero's convictions and REMAND to the district court for modification of the judgments to remove the probationary periods.
  • It is thus well settled that the State can regulate commercial fishing in its waters for conservation purposes, even by persons whose fishing rights are aboriginal and reserved by treaty.