The 9th Circuit Court of Appeals on Wednesday said five Alaska Native villages should be given the chance to show whether they have aboriginal rights on federal waters.

In a long-running case, the villages asserted aboriginal hunting and fishing rights in the Outer Continental Shelf of the Gulf of Alaska. They challenged the Department of Commerce's regulations that limited fishing in the waters, which are beyond the jurisdiction of the state.

So far the courts have avoided a ruling on the aboriginal rights issue, citing a "federal paramount" to regulate off-shore fishing. In 1999, the U.S. Supreme Court refused to review the matter.

But yesterday, a full panel of the 9th Circuit said "we would be greatly assisted by an initial determination ... of what aboriginal rights, if any, the villages have." The judges set aside a decision outright favoring the government and ordered a federal court in Alaska to hear the village's case.

Get the Decision:
EYAK NATIVE VILLAGE V DALEY (July 13, 2004)