The Crabb decision determined tribal fishing rights in Treaty of 1842 coverage geography; the Fox decision determined tribal fishing rights in Treaty of 1836 language; the decision by Judge Richard Enslen in 1985 established a Consent Decree as the means of apportioning sport fishing rights and quotas between the State of Michigan and what is now CORA affiliated tribes- CORA was established in 2000 as a joint management entity.
The Federal courts are ;both overseeing and actively directing the negotiations, Gordon, why we are where we are. Why do you think that the tribes are requesting as their treaty rights are reasonable, given that the weight of the Federal courts has repeatedly broadened their access to the fishery, while also failing to provide adequate oversight on enforcement and enactment of punitive actions with "teeth".for serial offenders.
Oh geez, why not!
in 1836 we also had rights to freely fish wherever we wanted in the lakes. (We being non tribal members). The treaty does not exclude us from fishing those waters it just gave permission to the tribes to fish the way they wanted to fish in those specific areas. In 1836 the feds also had balls enough to enforce this without worrying about recourse or retaliation through discrimination. Let’s just give the feds back their balls and let the tribes do whatever they want. Let try hem net what they plant, who cares. If their take out is equal to what they put in I’m good with it.
All good points here. I think the bottom line is, rules mean nothing without enforcement, & the way things are now, we have no legs to stand on. Outlaw commercial fishing in the Great Lakes ,across the board ,on a federal level & let the tribes & commercial guys come at us. Think outside the box, what we’re doing isn’t working so why keep doing it? Seems like all the money were donating would be better spent buying our own politician! They’re cheaper than they used to be!!
I agree. This whole topic is way above sport fishing. It’s about money and power over the Great Lakes and its resources. Just imagine what would happen if oil was discovered in Lake Superior?
Now we can add the conspiracy theory! You are right, there is history of government intervention relating to Treaties. Remember that Treaty out west where the government reneged when gold was found in the Black Hills. I think Gen. Custer was involved. This Consent is about hunting and fishing rights.I agree. This whole topic is way above sport fishing. It’s about money and power over the Great Lakes and its resources. Just imagine what would happen if oil was discovered in Lake Superior?
So, the CPMR request was submitted. The State, the Feds & the 5 bands have responded. The CPMR has responded to their responses. Now the Judge has to rule on it I would guess.
Then, another 90 (?) day round of negotiations can start up again? OR, are those on-going right now anyway?
I disagree. The tribes would love to go back to unlimited gill netting vs trap netting. Miles of monofilament is cheap. Easier to set and haul in their catch.
The gag order is in place for a reason. Those in the know are not talking. Rumors are abundant but are not based on fact only speculation.
..and nonexistent enforcement. If you assume the Federal agencys will provide it, let's recall their recent track record in the one year follow-up to the UP North Fish wholesale operation sting by the USFWS' enforcement personnel an additiona 6,430 violations were identified totaling just under 700,000lbs of illegal caught and sold Great Lakes fish. To date three misdemeanor charges have been filed, two against a tribal fisher who operates a retail and wholesale fish sales site outside of Hancock. Three non-tribal fish wholesale operators actually spent time in jail.
...and abaondon when circumstances warrant. Left for the State to remove. We couldn't even get the USCGS to act on two abandoned nets off the Marquette harbors. Their response was that they would remove ANY net to was a hazard to COMMERCIAL navigation, not sport boat operators. Still waiting to read of a 1,000' ore carrier endangered by a gillnet ... One of my fishing partners nearly lost his father-in-law and son when they hung-up on an unmarked net. Oh, it was marked-by a broken crutch with some flagging attached to it, with an ERA laundry detergent bottle duct taped into the opening for floatation.
Michigan has 10 million residents and millions more who summer here. That is a lot of fish buying power for those that don’t fish but enjoy eating fish putting sport fisherman far in the minority column. All fishermen have a say just not at the table, the DNR is in charge of ensuring flshable populations for both sport fisherman and the tribe. It can only limit/enforce those under its control which are not the tribes. It all goes back to whom the treaty is between, the Feds and the tribes. The DNR is only the management agent. Would a better option be having the USFWS service do all the management in ceded territories and not providing the DNR with any fishery management monies or say?
The scenario you outline cannot occur, The Great Lakes Fishery Commission was established in 1954 via international agreement with Canada. The language of the agreement specifically sets Great Lakes fishery management squarely in the hands of the shorelines states and Canada. State directed management of each Great Lake was further underscored in 1965 when the lake management committees were established, with nor direct Federal or Canadian representation on any of them.
Enlighten us by outlining WHAT management monies the USFWS currently provides to the State of Michigan or any other Great Lakes state for fishery management efforts on an annual basis?
Enforcement of the Consent Decree agreement specifics like gear type that can be deployed, total allowabe catch (TAC) apportionment, fishing seasons, and subsistence fisher oversight falls to tribal enforcement, Sate enforcement personnel, as well as USFWS and US Coast Guard Service personnel via ex-offcio status in the field and on all committees and councils that deal with penalties and enforcement. The dysfunctional arm of enforcement remains the Tribal Court system's failure to act punitively, documented repeatedly since the Fox decision.
Separate but equal as a doctrine in the United States was struck down by the Brown decision in 1954. How is it that a treaty the specifically oulines that game and fish taking rights should continue to be granted, until those lands are needed for settlement, is selectiively interpreted and enforced by the Federal courts? This i particulary aggregious when you factor-in the willingness of our current Supreme Court to overturn what several of those who voted in favor of this action stated publicly and repeatedly that they viewed this as settled law.
The 2020 cesus ondicates that roughly a quarter of the 10 million residents you toss out there are under 21. I strongly doubt this cohert should be included in your enumeration of potential fish purchasers. But, let's go at your argument from a demand consumption perspective.
The State and tribal commercial fishery has an annual revenue value of between 10-12million dollars in Michigan. Sea Grant set the annual revenue of the Michigan based charter fleet at 16 to 18million for Lake Michigan waters, without including revenues generated by Lake Huron charter operators. Over half of charter customers do not fish or do not fish regularly per their data. The Great Lakes Fishery Commission sets the anual value of the Great Lakes fishery at just under 7 billion dollars, so lets just do a back-of-the-envelope apportionment by dividiing that value by five lakes to get a ballpark figure of 1.4 Billion for Lake Michigan's fishery...one reason why some of those non-fishing but fish eating folks you tallied-up reside and recreat here annually. I won't touch on your fuzzy math further where you attempt to infer that your local fishery crowd's fish purchasing carries through statewide or even on a broad local scale either. I will add though, that if you buy whitefish in Marquette, it likely originated from the Thill's fish house, or VanLandschoot's in Munising: both commercial fishers who number among the 13 non-tribal operators. Thill's ships to Escanaba and Iron Mountain restaurants as well.
Unlike you, I can't determine a plausible means of apportioning use and demand that substantially offsets the size and revenue generated by the Great Lakes sport fishery to validate your argument either by looking at Public usage, or the economics of consumption. A pretty sizeable chunk of the sport fishers that I know here in the U.P. are loath to purchase fish, but many of them are Finnish, priding themselves in their self-relience.
But they use our well fare & free medical system, right? Seems fair! Cool👍 Souvern nation my fanny!!✌
Gear restrictions agreements, species fished, fishig seasons, and creel limits/quotas are all areas of overlap.
Contained within the Consent Decree is a clause that states that the species quotas will be set via use of a Sustainable Fishery Model that is a part of the document. There is a means of challenging the quotas. An example of ammended quotas was the mandated creel limite chage for lake trout kept by sport fishers on Grand Traverse Bay.
My understanding is that the Fed's, State and Natives are the only stake holders in this Consent Decree re write. Don't know much about the CPMR group, I'm thinking they are a watch dog group for the MI anglers. They are probably used for reference information regarding angler interest.
This lawsuit from CPMR is just a feudal attempt to publicaly make known what they are proposing and are frustrated that they are getting nowhere. They were probably told by the bargainers to just go away.
You are (your) right, Luv2 the lawyers are going to make the bucks and the CPMR will get public lip service in letting the MI anglers know what they proposed and was disregarded.
Some people sent money to help the cause.....should have spent the money on lures.
Not unexpected. The big news that came out of the ruling is that outside groups can contest the decree once released though. That is an entirely new twist!
It turned out to be a giant waste of money to those who contributed to the special interest group.
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Fishing groups denied ‘intervenor’ seat at tribal treaty rights negotiation table
Federal judge said fishing advocacy groups must wait to object to a pending tribal treaty fishing rights agreement with Michigan until it is finalized and made public.www.mlive.com
This really doesn’t say anything! It’s status quo for how it’s always been. Nothing different. Recreational anglers will not suffer one bit, it’s the commercial and the charter fishermen that are going to suffer. The impact on recreational fisherman will be next to nil, Other than having to weave around a few nets, or possibly just move them like we always have in the past! The other side of this law is these white folk don’t answer to the tribal laws.
That special interest group is recreational fisherman. What is your interest group?
Recreational fishers have no seat at the table. CPMR have an advisory position to the State, Fed, negotiators. But I think, in reality, the CPMR align themselves with special interest fishing groups and charter groups. "Joe angler" maybe not so much.That special interest group is recreational fisherman. What is your interest group?
Wrong. Small fishing clubs are “B share members” in the CPMR.
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So you have to be a member of some club to be part of the negotiating team. What percent of Joe angler is part of a club
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100% of the clubs members other than the MCBA are "Joe angler". Any one is free to join and have their voice heard.
Again. What is your special interest group? Mine is recreational fisherman. What is yours? My interest is to have the tribes have the same rights to the resource as any other person in this region. No more, No less. And I will continue to fight for this belief until the day I die. Will I win? Maybe not. But I also won't sit on my hands and accept it because someone didn't sit at a table 186 years ago.