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

154 F.3d 1090, 1998 WL 569269
Court of Appeals for the Ninth Circuit·Decided September 9, 1998·No. No. 97-35944·Published·Cited by 5 cases

Opinion

O’SCANNLAIN, Circuit Judge:

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 of the OCS, and that their continued social, cultural, and economic well-being depends on their continued ability to hunt and to fish in their traditional territories on the OCS. The Native Villages argue that they are entitled to exclusive use and occupancy of their respective areas of the OCS, including exclusive hunting and fishing rights, based upon unextinguished aboriginal title.

The Secretary of Commerce2 manages fisheries pursuant to the Magnuson Fishery Conservation Management Act (“Magnuson Act”), 16 U.S.C. §§ 1801-1882. The Magnu-son Act extended the sovereign control and jurisdiction of the United States to waters lying between 3 and 200 miles off the coast of the United States by establishing an exclusive fishery conservation zone and asserting “sovereign rights and exclusive fishery management authority over all fish and all Continental Shelf fishery resources, within the exclusive economic zone.” 16 U.S.C. § 1811. Pursuant to the Magnuson Act and the Northern Pacific Halibut Act of 1982 (“Halibut Act”), 16 U.S.C. §§ 773-773k, the Secretary promulgated regulations in 1993 limiting access to the sablefish and halibut fisheries in the Gulf of Alaska and the lower Cook Inlet. See 50 C.F.R. § 676. The Native Villages challenge the Secretary’s fishing regulations on the ground that they improperly authorize non-tribal members to fish within the Native Villages’ exclusive aboriginal territories while prohibiting Native Village members without Individual Fishing Quotas (“IFQ”)3 from doing the same. The [1092] Native Villages have requested an injunction against the Secretary’s fishing regulations and a declaration that they hold aboriginal title and exclusive aboriginal rights to use, occupy, possess, hunt, ñsh, and exploit the waters, and to the mineral resources within their traditional use areas of the OCS.

Both the Native Villages and the Secretary moved for summary judgment before the district court. Granting the Secretary’s motion and denying the Native Villages’ motion, the district court held: (1) that federal paramountcy precludes aboriginal title in the OCS and (2) that there is no exclusive aboriginal right to fish in navigable waters based on aboriginal title outside of a treaty or federal statute.4 The Native Villages appeal.

II

We first consider whether the district court erred in concluding that the federal paramountcy doctrine bars the Native Villages’ aboriginal title claims to the OCS, including exclusive hunting and fishing rights.

A

The “federal paramountcy doctrine” is derived, in essence, from four Supreme Court cases in which the federal government and various coastal states disputed ownership and control of the territorial sea and the adjacent portions of the OCS.

The first of these cases was United States v. California, 332 U.S. 19, 67 S.Ct. 1658, 91 L.Ed. 1889 (1947), in which the United States sued to enjoin the State of California from executing leases authorizing the taking of petroleum, gas, and other mineral deposits from the Pacific Ocean. The United States argued that it owned in fee simple, or possessed “paramount rights” in, the lands, minerals, and “other things of value” underlying the ocean and sought a decree so declaring. Id. at 22, 67 S.Ct. 1658. In response, California contended that the area in question, which extended just three miles into the ocean from the low-water mark off its coast, was within its boundaries. See id. California reasoned that, because the original thirteen states had acquired from the Crown of England title to all lands within their boundaries under navigable waters (including a three-mile belt in adjacent seas), and because California was admitted on an “equal footing” with the original states, it also became vested ■with title to these submerged lands upon entry into the Union. See id. at 23, 67 S.Ct. 1658.

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Native Village of Eyak v. Trawler Diane Marie, Inc., 154 F.3d 1090, 1998 WL 569269 (9th Cir. 1998).

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Native Village Of Eyak v. Trawler Diane Marie, Inc.
154 F.3d 1090 (Ninth Circuit, 1998)