The question of offshore Native Title rights raises complex issues about ownership of and access to the sea. The Croker Island decision, which recognises the existence of Native Title rights to the sea, determined that exclusive Native Title rights over the sea are not possible under common law or international law. This paper looks at the challenges faced by Native Title claimants who wish to protect their marine Native Title rights but are frustrated in doing so given that offshore Native Title claims have limited statutory procedural rights.