File
Description

The Ninth Circuit found that a federal law from 1891 grants a Native Alaskan tribe the implied right to fish in certain off-reservation waters. The panel reversed the district court’s dismissal of this case, brought by the Metlakatla Indian Community against the State of Alaska. In their opinion, the Court stated, “the 1891 Act preserved for the Community and its members an implied right to nonexclusive off-reservation fishing for personal consumption and ceremonial purposes, as well as for commercial purposes.”

[To accompany Federal Court Case Law Update "Ninth Circuit Confirms Fishing Rights for Alaska Tribe" from Brooks Animal Law Digest Issue No. 155.] 

Availability
Full content available online for free