Native Village of Eyak v. Trawler Diane Marie, Inc.

In this case of first impression, we must consider Alaskan Native Village claims of aboriginal title, including exclusive hunting and fishing rights, to the outer continental shelf of the United States.

I

The Alaskan Native Villages of Eyak, Ta-titlek, Chanega, Port Graham, and Nanwalek (collectively, the “Native Villages”) appeal the district court’s summary judgment in favor of the Secretary of the United States Department of Commerce (“Secretary”) in their action asserting unextinguished aboriginal title to a portion of the outer continental shelf (“OCS”) 1 of the United States. According to the Native Villages, regulations promulgated by the Department of Commerce for the management of halibut and sablefish fisheries violate their rights to the exclusive use and occupancy of the OCS.

The Native Villages are located in the Prince William Sound, the Gulf of Alaska, and the lower Cook Inlet regions of Alaska. They claim that, for more than 7,000 years, their members have hunted sea mammals and harvested the fishery resources of the OCS. The Native Villages maintain that a majority of their members still maintain a subsistence lifestyle heavily reliant on the fish and wildlife…