Native Village of Quinhagak v. United States

The Native Villages of Quinhagak and Goodnews Bay and others appeal the district court’s denial of their motion for a preliminary injunction in their action brought under Title VIII of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3117 (a), challenging state regulations that prohibit subsistence rainbow trout fishing and federal regulations that exclude Alaska’s navigable waters from the regulation of “public lands.” We have jurisdiction under 28 U.S.C. § 1292 (a)(1). We reverse.

BACKGROUND

Appellants Quinhagak Village, Goodnews Bay Village, the Association of Village Council Presidents, and certain village residents (collectively the “Villages”) have lived for over 2,500 years within the boundaries of the Togiak National Wildlife Refuge in Alaska. The Villages are subsistence fishing villages — their residents are rural Alaskans who make subsistence use of rainbow trout and other fish harvested from the Kanektok, Arolik, and Goodnews Rivers. The Villages fish the entire rivers, but depend primarily upon the navigable portions to meet their subsistence needs. Rainbow trout, in particular, are an important food source, especially in the winter, because they…