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Consent Decree - 1836 Inland Hunting and Fishing

Following is a synopsis of the Michigan inland hunting and fishing Consent Decree.   The intent of this document is to provide an overview, synopsis for those who don�t want to wade through the entire 140 pages of the Decree.  As such, it is not warranted to be complete and may inadvertently misconstrue some aspects of the Decree.   For that, we apologize in advance.

This issue came to a head when the Plaintiff United States filed a supplemental complaint in the Litigation seeking a declaration that the Tribes retain Inland Article 13 Rights on lands and inland waters within the boundaries of the 1836 Ceded Territory that have not been required for settlement.   The State of Michigan then filed an answer denying the United States� claim. The Parties explored settlement of their respective claims regarding Inland Article 13 Rights, reached a proposed agreement in principle on the terms and conditions of such a settlement.   The Decree is intended to resolve conclusively such claims, and to provide for the protection of the resources in the 1836 Ceded Territory.

Representatives of Amici Curiae (Michigan United Conservation Clubs, Coalition to Protect Michigan's Resources (�CPMR�) [formerly Michigan Fisheries Resource Conservation Coalition (�MFRCC�)], U.P. Whitetails Association, Inc. and Bays de Noc Great Lakes Sportsfishermen, Inc.) and applicants for intervention (MFRCC, Stuart Cheney, Robert Andrus and the Walloon Lake Trust and Conservancy) attended the Parties� settlement discussions.

The agreement applies to the Weekly Great Lakes Water Levels for September 21, 2007

�1836 Ceded Territory�; the territory ceded in the 1836 Treaty of Washington. 

In general:

Each of the Tribes has the right to regulate its members� exercise of Inland Article 13 Rights, the extent of which is defined in this Decree.  The State is prohibited from regulating or otherwise interfering with the exercise of such rights except as provided in this Decree.    

The areas included are public lands and Waters that are open to the public under federal or State law for the particular activity, private lands,  waters that are required to be open to the public under federal or state law for the particular activity,  lands and Waters owned by a Tribe, a Tribal member or the spouse of a Tribal member,  other private lands and Waters owned by non-Tribal members, with permission from the owner or authorized lessee and all other Waters that are open to the public for Fishing under federal or State law.

The Tribes shall not authorize their members to harvest for commercial purposes or sell wildlife, fish or other aquatic species, amphibians, reptiles, or timber, except for those species, other than timber, for which the State authorizes inland commercial harvests. The Tribes shall prohibit their members from Hunting with firearms and bows within 150 yards of an occupied building, house, cabin, or any barn.

The Tribes shall limit their members� use of firearms to shotguns in that part of the 1836 Ceded Territory that lies within the shotgun zone designated by the State. 

The Tribes shall adopt regulations that are no less restrictive than State regulations prohibiting Fishing within 300 feet of any of the State�s salmon and steelhead egg collection weirs.

The Tribes shall adopt regulations that are no less restrictive than State regulations for Fishing on trout Streams designated as Types 5, 6 or 7.

The Tribes shall implement emergency closures of their members� harvesting activities that are no less restrictive than State emergency closures of harvesting activities by State licensees based on biological or public health or safety concerns.

The Tribes shall: prohibit their members from Hunting with artificial lights, except when Hunting for species for which the State permits the use of artificial lights, such as coyote and raccoon.

The Tribes shall regulate their members� Fishing activities through the use of daily bag limits, possession limits, size limits and seasons, as well as any additional measures that may be necessary to address biological concerns.

Editor notes: As you can see, there are restrictions on what the tribes can do.   However, there are more liberal rules regarding some species, particularly walleye, salmon and steelhead and deer.

WALLEYE

The Tribal annual harvest of walleye using Hook-and-Line Gear outside State seasons and Spears shall not exceed 2,500 fish. Tribal regulations for Hook-and-Line Gear Fishing outside State seasons and spearing for walleye shall include a field possession limit not to exceed twice the bag limit or 10 fish, whichever is less, a minimum size limit of at least 14 inches, and a daily bag limit not to exceed 10 fish.  The Tribes shall require their members to submit harvest reports for the use of Hook-and-Line Gear outside State seasons or spearing of walleye within seven days after the harvest.  The harvest reports shall indicate the date of harvest, the tributary where the harvest took place, and the number of walleye harvested.

THE USE OF SPECIALLY REGULATED FISHING METHODS IN INLAND LAKES AND THEIR TRIBUTARIES (Primarily Walleye)

�Specially Regulated Fishing Methods� means the use of Impoundment Nets or Long Seines at any time of the year to harvest any species of fish and the use of Spears, Bows, Hand Nets and Hook-and-Line Gear to harvest walleye in a Walleye Lake System during the Walleye Spawning Season for that Lake System.         

The Tribes may authorize their members to use Specially Regulated Fishing Methods, provided that the Tribes shall not authorize their members to use Impoundment Nets or Long Seines in tributaries to inland Lakes.  The Tribes shall require all Impoundment Nets used by a Tribal member for Fishing to be marked with at least two buoys, one attached to the end of the lead and the other attached to the pot.  In addition, if the nets have wings, the Tribes shall require additional buoys to be attached to the end of each wing.  The Tribes shall require the member�s Tribal affiliation and identification number to be displayed on the buoys.

SALMON & STEELHEAD

The Tribes may authorize spearing of salmon and steelhead,

provided that Tribal regulations shall include a daily bag limit and a possession limit for spearing. The State and the Tribes shall provide protections for steelhead that spawn in Streams or Stream segments in each watershed where juvenile steelhead are most likely to become smolts and thus provide recruits to future steelhead populations. The Tribal annual harvest of steelhead using Spears in Protected Streams shall not exceed 450 fish.  Tribal regulations for the spearing of steelhead in such stream segments shall include a daily field possession limit not to exceed twice the daily bag limit, a minimum size limit of at least 16 inches, and a daily bag limit not to exceed three fish. The Tribes shall require their members to submit harvest reports for spearing of steelhead.

DEER HUNTING

Deer Hunting shall be limited to the period commencing the day after Labor Day and ending on the Sunday of the first full weekend in January (the �Tribal Deer Hunting Season�).   Deer Hunting with firearms shall be prohibited during the period commencing on November 1 and ending on November 14.    Each Tribal member shall be limited to a bag limit of five deer, no more than two of which may be antlered deer. Notwithstanding the foregoing, the Tribes may issue a reasonably limited number of special needs permits for subsistence deer hunting and a reasonably limited number of special ceremonial permits that authorize their members to harvest deer for ceremonies.

WILD TURKEY HUNTING

The Tribes may authorize a spring male only wild turkey season beginning no earlier than April 15 and closing no later than June 15.  For the fall either sex season, the Tribes may authorize a beginning date of no earlier than October 1 and a closing date of no later than November 14.

ELK HUNTING

The Tribes shall limit their members� harvest of elk in a given year to: (a ) the number of elk of either sex equal to 10% of the either-sex permits issued by the State in such year; and (b ) the number of female elk equal to 10% of the number of cows-only permits issued by the State in a year.

MIGRATORY BIRDS

The Tribes shall regulate their members� harvests of migratory birds in accordance with the processes established for regulating Indian treaty harvests under the Migratory Bird Treaty Act, 16 U.S.C. �� 703-712, and its implementing regulations, as now in force or hereafter amended.

GATHERING

 The Tribes may authorize their members to Gather plant materials and other natural resources on State lands for personal, medicinal, cultural, or traditional craft use, provided that such natural resources Gathered on State lands shall not be used for commercial purposes. Nothing herein shall authorize the excavation or mining of sand, gravel or other minerals on State lands.

RESTORATION, RECLAMATION, AND ENHANCEMENT PROJECTS

The Parties recognize that the Tribes may desire to engage in activities designed to restore, reclaim, or enhance fish, wildlife or other natural resources within the inland portion of the 1836 Ceded Territory through stocking, rearing, habitat improvement, or other methods.

CONSULTATION AND EXCHANGE OF INFORMATION

The State and the Tribes shall establish one or more committees to facilitate consultation and the exchange of information among the Parties.  In addition to those matters set forth above, the State and the Tribes shall at least annually exchange: proposals for assessment activities; the results of assessment activities; a summary of State and Tribal licenses and permits issued and harvest and effort data pertaining to the inland portion of the 1836 Ceded Territory; and a summary of any other data and a copy of any reports regarding the condition of the resources in the inland portion of the 1836 Ceded Territory.

The State and the Tribes shall work in good faith to coordinate resource assessment, restoration, enhancement, and harvest monitoring activities.  The State and the Tribes shall notify each other at least annually of proposed regulatory changes.

LAW ENFORCEMENT

As a general principle, prosecutions of alleged violations of fish and game laws and regulations by Tribal members in the inland portion of the 1836 Ceded Territory shall be heard in a Tribal forum.

Conservation officers of the MDNR are authorized to enforce a Tribe�s regulations pertaining to Inland Article 13 Rights on non-Tribal lands and to institute proceedings in a Tribal forum through the issuance of a citation upon satisfaction of the following requirements:

   (i)         certification as a law enforcement officer by MCOLES, or its successor agency; and

   (ii)         successful completion of a cultural awareness program  approved by the State and the Tribes.

MDNR shall provide the Tribes with updated lists of officers meeting these criteria.

A MDNR conservation officer may:

    (i)         conduct routine inspections of boats, wagons, trailers, vehicles, snowmobiles, containers, packages, or other containers utilized by a person in a Harvesting Activity authorized by Tribal law;

    (ii)         stop and board any boat and stop any vehicle or snowmobile if the officer reasonably suspects there is a violation of Tribal law;

    (iii)        execute any process for enforcement of the provisions of Tribal law;

    (iv)        with or without a warrant, open, enter and examine boats, wagons, trailers, vehicles, snowmobiles and packages and other containers, in which the officer has probable cause to believe that contraband wild plants, wild animals, fish, or carcasses or parts thereof may be contained, or as part of a routine inspection authorized under subparagraph (c)(i) of this Paragraph 24.6; and

    (v)         if a violation occurs in the officer�s presence, seize, with or without a warrant, any article which is subject to forfeiture under applicable Tribal law, or which may be required as evidence of a violation of applicable Tribal law, provided that any article so seized shall be delivered within 5 working days of the time of seizure into the custody of the Tribal member�s Tribal forum, unless said article is immediately delivered into the custody of an officer of the Tribal member�s Tribe.   Officers shall exhaust all other practical means of gathering required evidence prior to seizing an article under this subparagraph.

Weekly Great Lakes Water Levels for Sept 21, 2007

Weather Conditions

Slightly cool temperatures and minimal precipitation characterized weather conditions in the Great Lakes region early in the week.  Temperatures rose across the entire region Tuesday and Wednesday.  The Lake Superior basin, particularly Northeastern Minnesota, experienced significant rain during those two days.  Showers are expected to occur in that part of the region on Thursday and Friday.  The rest of the region will likely be dry and sunny with slightly above average temperatures through the weekend and into Monday.

Lake Level Conditions

Lake Superior is presently 7 inches below its level of a year ago, while Lakes Michigan-Huron, St. Clair, and Erie are all 4 inches lower than last year�s levels.  Lake Ontario is 11 inches below its level of one year ago.  Lake Superior and Michigan-Huron are predicted to drop one and three inches, respectively, over the next 30 days.  Lakes St. Clair, Erie, and Ontario are projected to decline 4 to 6 inches over the next month.  The water level of each lake is expected to be below its water level of a year ago during the next few months. 

Current Outflows/Channel Conditions

Outflow from the St. Marys River is predicted to be well below average for September. Flows through the St. Clair and Detroit Rivers are also predicted to be lower than average this month. In addition, flows in the Niagara and St. Lawrence Rivers are expected to be below average as well.

Alerts

Due to abnormally dry conditions on the Lake Superior basin over the last several months, Lake Superior�s water level is currently below chart datum and is expected to remain below datum over the next six months. Lake Superior also set a new record low monthly average for August, and may set records for the next few months as well.  Users of the Great Lakes, connecting channels and St. Lawrence River should keep informed of current conditions before undertaking any activities that could be affected by changing water levels.  Mariners should utilize navigation charts and refer to current water level readings.

Cutter Hollyhock returns to port

PORT HURON, Mich. -- The Coast Guard Cutter Hollyhock returned to its home port in Port Huron Monday, Sept 17, after traveling to the Coast Guard yard in Curtis Bay, MD to repair a  malfunctioning propeller. Because of a lack of appropriate facilities on the Great Lakes, the Hollyhock went to Curtis Bay,

Md. for repairs and was underway away from port from August 11 to Sept. 17, 2007. 

Cutter Hollyhock made three major port of calls to New York, Boston, Halifax and Montreal on her trip to and from Curtis Bay. 

Fishing is powerful medicine; it can heal the body and spirit

By Capt. Tom Marks

Many soldiers returning from war often suffer traumatic physical and emotional wounds that can be very difficult to heal. Project Healing Waters may just have the best kind of medicine for our returning Vets. Thirty-three year-old Army Capt. Eivind Forseth knows all too well the pain and mental struggle to heal war wounds. Injured by an improvised explosive device attack in Mosul, Iraq in 2005 which nearly tore his right arm off, he never imagined he would be fly fishing again. Capt. Forseth said that fly-fishing brought him out of a deep depression he suffered after his injuries in Iraq.

It took the right set of coincidences and mix of people to launch Project Healing Waters in 2005 at Walter Reed Army Hospital to help with the physical and emotional rehabilitation for war veterans. The project was inspired in part by Retired Army Warrant Officer John Colburn, resident of the Armed Forces Retirement Home; he would visit soldiers at Walter Reed and conduct fly tying classes. Recovering vets looked forward to his classes every week.

Retired Navy Capt. Ed Nicholson visited Water Reed for some medical needs of his own while there he saw the wounded solders he knew he wanted to do something for these soldiers. Capt. Nicholson was an avid outdoorsman and fly-fisherman since being retired he had the time to take a few guys out to try fly-fishing. Colburn and Nicholson met by chance, since both were interested in fly-fishing their interests led to their collaboration, which was the start of Project Healing Waters.

Capt. Forseth, one of the first to participate in the program, struggling to recover from his wounds and, wondering how could he ever lead a normal life again. Capt. Forseth before his injuries was an avid fly tier and fisherman back home in Bozeman, Montana. He felt that with his injuries he would never be able to enjoy fishing again. Refusing to participate initially then after a urging from his mother and finally being ordered to by a superior officer, Capt. Forseth mustered the courage to try fly tying and ultimately fly-fishing. He found that while his handicaps were a challenge they could be overcome and becoming involved in fishing proved to be very therapeutic.

 ï¿½Therapies for soldiers with severely injured or lost limbs often involving moving marbles from one bowl to another, big deal you moved marbles. What is the practical value for life?� said Capt. Forseth. �When a person ties a fly, he has made something, it has value and purpose; it can be used to catch a fish.�

Fly tying and fishing are very technical arts using a lot of mussels, coordination and concentration. Tying a small insect imitation on a size 10 or smaller hook is a challenge for anyone, however when there is a disability the person has to figure out how to overcome that obstacle. When the fly is complete there is a tremendous amount of confidence gained knowing anything is possible. Fishing, obviously, with your own creation has significant rewards and satisfaction. Overcoming the obstacles presented to the disabled vets is not insurmountable as proven by tying a fly. Veterans who lost limbs are finding that they can cast a fly and even wade a stream. Capt. Forseth physically knows first hand the benefits

of fly-tying and fishing, which helped lift him from his depression and raised his self-confidence. Other recovering veterans found similar benefits and results from the program.

The Lake Erie Chapter of the Federation of Fly Fishers heard about the program at Walter Reed Army Hospital so they initiated Project Healing Waters for recovering veterans in Western New York. A dozen fly-fishing devotees started the club February 2007, which quickly grew, to over 60 members ready to help with the project.

Capt. Ed Nicholson and Project CEO Capt. Eivind Forseth traveled from Washington DC to attend the Lake Erie Chapter�s inaugural event. It was held September first on a private pond in the Town of Evans with 15 men and five women veterans from the Veteran Affairs Medical Center in Batavia. Members of the Lake Erie Chapter along with Capt. Nicholson and Forseth taught fly tying, casting and the fine art of catching fish. The veterans were somewhat apprehensive at the start but soon the magic took effect. The conditions on the pond could not have been better; nearly everyone caught largemouth bass on flies.

Lake Erie Chapter President, Ray Markiewicz, explained that, �This is not a one-time event for the club, it is a continuing program to help recovering veterans. The program will be one of the therapy options at local VA facilities. We will teach fly tying at the hospitals, as well go on fishing �trips� to streams and ponds around Western New York so the vets can use their creations.� The project events will run on a monthly schedule to start.

Club President Markiewicz also took on the volunteer role of Coordinator for the Northeastern United States to help other local Project Healing Waters programs get off the ground. It obvious by Capt. Forseth�s enthusiasm that this project is just what the doctor ordered for our recovering veterans, it needs to be carried to as many facilities as possible. Building confidence by overcoming obstacles, learning limits are often imagined we already know our veterans are courageous and can do anything they want. Project Healing Waters is just a way they can challenge themselves to build their confidence. The volunteers show how each task is done (fly tying, casting and catching fish) the veteran then discovers how he can accomplish the same tasks despite his disability. The discovery of these solutions to their personal obstacles is the therapy and confidence builder.

The Federation of Fly Fishers; Oak Orchard Fly Shop, Buffalo; Orvis Shop, Buffalo; Highland Hobby Shop; Barrett Marine, Batavia; Buffalo Outfitters; Harry Murray�s Fly Shop, Virginia; Stack Pole Books; Al Beatty Flies, Montana; Lisa and Tim Johnson, Cheektowaga; Gary and Mary Markiewicz; George Johnson; Dunkirk Conservation Club; the Veterans Administration of Western New York and the members of the Lake Erie Federation of Fly Fishers all contributed to make the inaugural event a success.

Capt. Tom Marks is the NY Director to the Great Lakes Sport Fishing Council. He is a licensed charter captain, member of various outdoor clubs in WNY and public speaker on environmental topics concerning aquatic invasive species. [email protected]   

New law puts Deer Herd under Local Control

Local control gives anti's the edge

A new Illinois law will endanger hunting by stripping the Department of Natural Resources of its authority to regulate deer populations.

On Aug 28, Gov. Rod Blagojevich signed HB 3425. The provision will allow local governments to manage deer herds using methods other than hunting. A local government that conducts a DNR-approved study of alternative deer population

controls in addition to hunting may now unilaterally implement the alternative methods deemed useful.

House Bill 3425 creates a slippery slope. The call is for local control of deer herds, but anti-hunters will run with the concept and advocate local management of all hunting and trapping. House Bill 3425 passed the Illinois House on April 17, by a vote of 70 to 40. It passed the Senate on May 31, by a vote of 33 to 23.

Great Lakes salmon and trout stamp revenue expenditures report available

MADISON -- Over the past four years, state fisheries managers have been able to dedicate more than $10 million to maintain and enhance the salmon and trout fisheries in Lake Michigan, Lake Superior and their tributaries with more than half of the funding coming from the stamps anglers purchase to fish the Great Lakes.

Anglers can find out how revenues from the salmon and trout stamps were spent between 2004 and 2007 in a new Great Lakes Salmon and Trout Stamp Revenue Expenditures Report (PDF 287 KB) that has detailed summaries of the projects conducted, which include evaluation, research and propagation activities. The report is available on the DNR Web site.

�The Great Lakes Salmon and Trout Stamp allows anglers to help sustain the Great Lakes sport fishery,� says Bill Horns, a 

DNR Great Lakes fisheries specialist. �Without it, our available funds for the propagation of Great Lakes salmon and trout would be nearly cut in half.�

Since 1982, every angler wishing to fish for salmon or trout in Wisconsin�s waters of the Great Lakes must purchase a Great Lakes Salmon and Trout Stamp. Revenues from the sale of stamps have supported the DNR trout and salmon rearing and stocking programs for the Great Lakes.

�Anglers can look at this report and see the difference their Great Lakes salmon and trout stamp dollars have made,� says Horns. �We could not sustain the fishery we have without this support from the angling public.�

A paper copy of the report is available by e-mailing Bill Horns at [email protected] or calling at (608) 266-8782. More information about Lake Michigan and Lake Superior sport fisheries is available on the DNR Web site.

DNR Says Hatchery Fish Show No Sign of Virus

WILD ROSE, Wis. -- A state fish hatchery won approval to stock thousands of brown trout in Lake Michigan and its tributaries after meeting new requirements aimed at reducing the risk of spreading a deadly virus found in fish.

The Department of Natural Resources said no DNR-raised fish or hatchery water supply in Wisconsin tested positive for the virus. But the DNR and the state Agriculture Department

still are requiring testing for the virus before fish from any DNR hatchery can be used for stocking.

Officials at the old Wild Rose hatchery gave these figures on brown trout stocking: 35,000 stocked in Kenosha Harbor, 26,000 in two Rivers Harbor, 10,000 in Kewaunee harbor, 19,500 near Pigeon River in Sheboygan County and 21,000 stocked in Port Washington Harbor.