Court filing could end Great Lakes fishing as we know it
Contact: Nick Green, MUCC Public Information Officerngreen@mucc.org; 517-346-6486
The 2000 Great Lakes Consent Decree is set to expire in August, and a court proceeding filed last week by one Upper Peninsula tribe could end sportfishing as we know it in much of the Great Lakes.
Since 1985, a large portion of Michigan’s Great Lakes fishery has been divided up under an agreement between five of Michigan’s sovereign Native American tribes and the state. This agreement was handed down by a federal court in a “consent decree” that applied to what is known as the 1836 Treaty Waters. The treaty waters extend from the mouth of the Grand River in Lake Michigan to Alpena in Lake Huron and from Sault Ste. Marie to almost Marquette on Lake Superior.
Each tribe, per the consent decree, was given its home waters, where it is free to fish and other tribes are not. Other areas of the Great Lakes were reserved for sportfishing, and some areas were shared between the tribes and the sport fishery.
The Michigan Department of Natural Resources (DNR) manages the sport fishery under this decree, which includes how available stocks are measured and what methods of take may be used by fishers. The DNR also determines creel limits, fishing methods and fisheries management for recreational anglers — who pay, through license dollars and excise taxes, to manage the fishery.
The current consent decree, and the rules that have applied for the last 35 years, is set to expire on August 8. Current negotiations to reach a new agreement are floundering and COVID-19 has limited the parties’ ability to meet and wade through critical issues. It is clear that a new consent decree will not be negotiated by the deadline next month.
On June 24, four of the five tribes, the State of Michigan, and the United States asked a federal court to extend the current decree through the end of 2020.
The Sault Ste. Marie Tribe of Chippewa Indians also filed a request with the federal court asking that the extension be granted only until November 8. The Sault Tribe asserted that after that date, however, it will be free to fish without geographical restrictions anywhere within the treaty waters even if later extensions to the consent decree are granted while negotiations continue. Though not explicitly stated, it can reasonably be assumed the Sault Tribe seeks to use any gear they deem necessary, such as gill nets, in zones that have not allowed such gear since 1985.
An amici group representing recreational anglers, of which Michigan United Conservation Clubs (MUCC) is a member of, filed a response to the requests to illustrate important history and critical issues that are preventing a successor agreement being reached. Read more