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Would it have been better if all the land in the 1836 treaty remained under full tribal control excluding non Native American? If that happened there would be no need for this thread.
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Your statement has zero liklihood of becoming actuality, less so had the tribes attempted to move on it earlier in time when Statehood was granted and expansionism were the national focus.

Had Judge Fox actually opted to include the actual treaty language that negatets the Federal obligations set forth when 'the land is needed for settlement' in his ruling, that would also make this discussion moot. Both are hypotheticals, unfortunately.

Now, let's get back to that fishery management money the Feds provide the Great Lakes states....please edify us all on what funds this entails. They "rent" hatchery space for lake trout rearing in Michigan, essentiallly subsidizing plants in CD jurisdiction waters. Sea Lamprey control expenditures are mandated via the IJC agreement and directed by the Great Lakes Fishery Commission.
 

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13 “non-tribal” commercial outfits, he wrote. The Garden Peninsula is famous for Whitefish sandwiches; now via truck from the north shore I believe.

Lately I am wondering if the Lk MI Whitefish population competes with the Lk MI Lake Trout population, and who wants what where, if so.

I am getting closer to buying some fish some day. $6/gallon fuel makes a rain day excursion to just go catch some a more fraught decision.
Whitefish is selling for 13/lb Thills uses a Pisces Industries bone removal machine. I think we have found all of three of four in the same number of years of buying them.
 

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Cork
Please, don't get me wrong, I'm not trying to start a conflict, I'm making this comment as a question because I don't have the answer in my mind.
Let me make a MACRO,MACRO overview of this Consent .
Isn't there an organization that does a statistical calculation of the quantity of fish by species and make a determination of how many fish by species there are ? Doesn't the Consent Decree allocate by ratio how many fish can be harvested by the Native netters?
So my question is; what does the Great Lakes sport fishers/recreational anglers have to do with the Consent rewrite.
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.
 

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Would it have been better if all the land in the 1836 treaty remained under full tribal control excluding non Native American? If that happened there would be no need for this thread.
It didn't happen.

"Control" is a challenging definition when ceded land required to allow attempting statehood is being controlled .

Can Native "take" of fisheries be controlled? By whom?
Yes it can.
By multiple parties.
The ways of "control" are the only issue.


Long read. Interesting arguments.
People v. LeBlanc :: 1976 :: Michigan Supreme Court Decisions :: Michigan Case Law :: Michigan Law :: US Law :: Justia
 

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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.
Gear restrictions, seasons, creel limits are a stretch. Consent deals with subsistence fishing and commercial netting. I don't think creel limits for the non native is the same as the natives, seasons as well.I know natives hunt deer in the fall as part as their traditions, I think each can shoot 5 deer.
Didn't the Consent define the quota's based on research. Didn't the recreational anglers get a cut in Laker creel limits and the quota's remained unchanged for the Tribes. Maybe I'm wrong....help me understand.
 

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The Coalition to Protect Michigan Resources received excellent and hopeful news today regarding the fight to protect Michigan’s sport fishery and your rights to the continued enjoyment of Michigan’s natural resources.

Today’s happenings: Judge Maloney has granted the CPMR request to be heard in court on their motion seeking to intervene.

That hearing is set for August 25.


Sent from my iPhone using Tapatalk
 

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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.
The Federal court ruled! CPMR arguments are utterly unfounded and unsubstantiated. Sovereign's only allowed to be part of the negotiations. Just a feudal attempt on their part. A new Consent is expected by the Sept. 30 deadline.
 

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The Federal court ruled! CPMR arguments are utterly unfounded and unsubstantiated. Sovereign's only allowed to be part of the negotiations. Just a feudal attempt on their part. A new Consent is expected by the Sept. 30 deadline.
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!
 

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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!
Come on jatc! It's another one of those pseudo public input sessions that are used to blow steam off of those that oppose the decision. Give them time to vent and allow them to say good bye. It's a done deal at that point.
Us recreational anglers can only hope for the best.
 

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Come on jatc! It's another one of those pseudo public input sessions that are used to blow steam off of those that oppose the decision. Give them time to vent and allow them to say good bye. It's a done deal at that point.
Us recreational anglers can only hope for the best.
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.
 

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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.
When white folk mess with the tribes they usually end up in trouble under the white folk laws. I remember that Cork, in a long past post, reported a conflict with the tribes illegally setting nets near the Carp River. DNR or someone else was called and when it was settled, Cork was the one almost being arrested. Maybe Cork can provide more detail?
Remember, those nets are in THEIR exclusive zones, we are allowed, as anglers, to fish in their zones.
Just as in any illegal activity, mess with the nets, get caught and you are in State and Federal trouble.
I heard they put trail cams on all their nets, jk.
 

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That special interest group is recreational fisherman. What is your interest group?
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.
 
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