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Special Indian hunting rules OK'd
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1151 Posts
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September 26, 2007 - 9:59 am
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Special Indian hunting rules OK'd
Proposal would end suit on use of 1836 treaty

Members of five Michigan Indian tribes stand to have special hunting and fishing rights enshrined in law under a federal court consent decree to be announced today.

Indians officially would be granted privileges nonnative Michiganders don't have — such as killing up to five deer with a gun for a nearly four-month season, spearing game fish on open waters and netting fish on inland lakes.

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How hunting rights would compare

Here is a look at the hunting rights of members of five American Indian tribes and those of non-Indian Michiganders, under a proposed federal consent decree.

• Deer-hunting season:

Indians: Tuesday after Labor Day until first weekend in January; can use firearms except Nov. 1-15; bag limit: five deer (no more than two bucks).

Non-Indians: Archery season Oct. 1-Nov. 14, and Dec. 1 through first weekend in January. Firearms season Nov. 15-30. Bag limit: combination tag allows two bucks with a rifle or two deer of either sex with a bow. Up to three more antlerless deer with special permits.

• Fish netting: Pound (trap) nets

Indians: Regulated by permit in inland lakes. Not allowed in rivers or lake tributaries.

Non-Indians: For research only.

• Spearing game fish:

Indians: Allowed under rules being developed by tribes and state in both open water and through ice.

Non-Indians: Generally not allowed in open water. Allowed through ice for ciscoes, pike, muskellunge, sturgeon and whitefish under strict location and bag limits.

• Fishing lines:

Indians: Maximum of four lines (except seven tip-ups for ice fishing).

Non-Indians: Two lines for both ice fishing and open water.

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September 26, 2007 - 4:30 pm
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If it's in the treaty it should stand.that 's why they had a tready's to keep from going to war with all the different indian nations.If you don't honor that then why honor the constitution and the bill of rights those were wrote over 230 years ago the indian treadys were wrote 150 years ago.

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September 26, 2007 - 7:11 pm
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I can give you alot of reasons that the treaty shouldnt stand but I will limit it to a few. When it was written the population of this country was approximately one/fifth of what it is now. The fish population was probably a hundred times what it is now. When these proposals were made people were subsisting off of the fish and game not exploiting it to prove a point. There were no casinos to provide a huge source of alternate income for people who were treated badly and needed to be protected. There was limited international shippping and they used rocks for ballast not water that contaminated the great lakes system with viruses and invasive species. Back then the great lakes was not on the verge of ecological imbalance and collapse, there were not sophisticated methods and equipment to rapidize the harvest of fish. Basically what we are doing is allowing hi-tech harvesting of fish based on a treaty that could never have forseen such a rapid increase in harvest. the killing of every fish and game animal during the year exponentially hastens the decrease and eventually depletion of that species not to mention incidental kill and waste. Poachers are bad enough, legalizing it is ridiculous. Ultimatley this decision is based on emotion and not science yet another nail in the coffin of the great lakes basin ecosystem, how sad.
Kevin

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September 27, 2007 - 12:09 pm
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That is a crock of *hit. With those rules inforced you might as well give up fishing. 🙁

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September 27, 2007 - 6:22 pm
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I think the average Indian should be allowed to harvest what ever his family can eat and no more. No licenses no restrictions on harvest method. But the sale of meat and or gamefish should be illegal.

So Im saying this ,an Indian family should be allowed to shoot a couple of deer and catch as much fish as it can consume without any licenses. Forming corporations that rape the resource is wrong and should not be allowed by anyone unless we are talking about invasive species like the Asian Carp. I have no problem with an Indian who wishes to live like they did before the treaty. They hunted and fished and fed thier families. This is where the line should be drawn. Kingfisher

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September 27, 2007 - 7:56 pm
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All:

See this page to answer some of your concerns;

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Kevin – you may be right that fish populations aren't what they use to be, but neither are Native populations.

The fact of the matter is there won't be as much effort inland as there is on the Great Lakes. This Decree lines out harvest regulations for subsistence purposes only, NO COMMERCIAL SALES and NO GILL NETS. Yes, I agree, on paper its scary, but if you really look into the science and if you compare this agreement to the federal law suits that occurred in Wisconsin and Minnesota you'll understand and be happy with what the State negotiated.

Another important issue the Tribes sovereign status. Meaning their governments are equivalent to the State of Michigan's. If this were to go to Federal court (which the State avoided via Consent Decree) there are Canons of Construction that favor Tribes.

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September 27, 2007 - 8:39 pm
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Poppy-

Good point. I am equally if not more disgusted by the poaching and the five day a week keeping their limit fisherman tht inhabit this state, someone somewhere has to decide to let a few go before this gets any better. That and we need to train comorants to only eat gobies, then we have a plan… Thanks for your input.
Kevin

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September 28, 2007 - 8:46 am
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Poppy – I was hoping you would weigh in on this. Thanks!

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October 13, 2007 - 5:58 pm
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"Indians officially would be granted privileges nonnative Michiganders don't have"

Muskiediver – What you call granted privileges is actually maintaining our right to fish. Many comments such as yours are stated without any background information. Land was given in exchange for hunting and fishing rights by the 1836 treaty. There is a reason why the state does not go to federal court. In my opinion, more rights would be retained (not granted as you put it) if Indians did go to federal court. Refer to landmark cases in Minnesota and Wisconsin who did not have a consent decree and went straight to federal court (Indians won). These are not special rights, we already had them. They were in exchange for millions of acres that your ancestors live on, and that you live on today. I think it’s a very small price to pay, considering it is well known Indians were ripped off when they signed treaties (in many cases were done by force).

"That is a crock of *hit. With those rules enforced you might as well give up fishing."

Muskiediver – These new rules will not ruin the fishery as your statement implies. We Indians have more rights now, than we will after the decree is signed. I come from one of the largest tribes in Michigan and guess what? Only a fraction actually fish.

Poppy "Yes, I agree, on paper its scary, but if you really look into the science and if you compare this agreement to the federal law suits that occurred in Wisconsin and Minnesota you'll understand and be happy with what the State negotiated."

Muskiediver – One of the most accurate statements made here. It is true.

cyberlunge "That and we need to train comorants to only eat gobies, then we have a plan…"

Muskiediver – Yes, there are other things to be more concerned with that really actually affect your muskie fishing. Comorants, pollution, VHS, water levels etc..

Let’s get back to fishing. Indians don’t have special rights. They have retained their rights. Remember this the next time you read an article. We were never granted these rights, we always had them. They are payment for the land we all live on.

And I do catch and release muskies. Does that surprise anyone?

Also Indians help stock the lakes. Does that surprise anyone?

This topic should be re titled to say:
Indian hunting rules maintained through consent decree

Instead of:
Special Indian hunting rules OK'd

It's like history books. When the Indians won it is written as a massacre, when the calvary won it was listed as a battle. Does anyone see my point?

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October 13, 2007 - 8:02 pm
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MuskieDiver-

I agree with you on all points, sadly human beings have a tendency to be greedy whether in a group or individual setting and no one wants to "give" anything up. The Indians got screwed so many ways they can't be counted. I have had the unfortunate circumstance of being in contact with a few tribe members who are just horrible poachers and resource wasters, it has nothing to do with their affiliation. As a few have stated before it only takes the actions of one to get a label applied to all, sad really. I hope we can all work together even more to help re-instate previous rights and fish populations to the benefit of everyone.

Kevin

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October 14, 2007 - 3:31 pm
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" horrible poachers and resource wasters, it has nothing to do with their affiliation."

Muskiediver – you said it. There are good and bad people every where. If they are going over their limit, report them to their tribal police. Thankfully I don't see this often in my tribe (actually never). We are pretty respectful of nature, and when and if we do see someone abusing nature we let them know and correct them. We are trying to teach more of our own hunters and fisherman some traditional skills so when they do go out, they are respectful of what they take. Our own natural laws will prevent any abuse. We are not about abusing the land. We are keepers of the land. Always have been, always will be. When I see garbage out on the lake or nearby it, I always pick it up and throw it away. I see beer cans floating; I pick it up and throw it away. I believe we all have a responsibility for the land. I believe regardless of our race, we all need to work towards maintaining the land, not only for ourselves but more importantly our children. I think catch and release is a good thing and helps out our fishery. Nothing irks me more when someone catches a fish, kills it and does not eat eat. That is a waste, and I have seen this many times. That is not being respectful to the earth.

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October 21, 2007 - 10:18 am
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This lake in Minnesota has to be a great example of a shared resource. It is an incredible fishery. Had more than three tribes who net and fish. Is known to sportsman as a great lake to fish. It is slot limits, but you can catch a ton of fish. And some BIG muskies!

I am just putting this out there for Michiganders. Read about the success of this lake. And see if we can do something like that here.

Right now I see protection of habitat as being our top priority as Muskie fisherman. We are at a point were things will start to crash unless we do something now to protect them. Has anyone been hearing about the water shortage in Atlanta? The environmental changes that are happening to the earth need our attention more than ever. Like protect Muskie habitat.

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October 21, 2007 - 1:14 pm
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FYI, I should let you know that I'm in contact with the LRBOI tribal biologist. They do support the restoration of GLS muskie as native fish reintroduction and they do support wetland fishery habitat restoration project grants as they come up. The LRBOI has a position on the advisory committee of the GLFT when the DNR and other sport fishing organizations apply for the future grants. The tribal fishery biologist and technicians I know today are much more professional than what we had to deal with years ago.

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October 22, 2007 - 7:39 am
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Muskiediver has some great points. I agree with most of them. However, it wasn't "my ancestors" who took millions of acres from the Native Americans. I'm polish and russian who's descendants came over and settled Raber in the 1870's. My ancestors did nothing to the Native Americans. So the "reparations" thing only goes so far with me. I understand that the tribes need to retain they're rights to fish but I'm one who thinks they should have to do it without all the modern equipment that makes it easy. We need to get over who the resource belongs to because, it ain't me or you, it belongs to our children, and when we die, it belongs to their children…………but we as their fathers have a right and an obligation to protect it. With that being said I wonder how many people who have an opinion (and thats all mine is too!) have actually read through the decree. My wife has a copy right from the tribe and a ballot to vote on it. You can get your copy at the DNR website. Having read it, I see that there have been many scientific elements incorporated and that many agencies with concerns have been involved in its creation. The tribes just can't go net willy nilly without oversight and thats good. However, there are alot of details that look good on paper, but when it gets down to the logistics of making it work ……like whether or not to spear 50 more stealhead from a small creek…thats another story.

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October 26, 2007 - 2:48 pm
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I have read what was agreed to in the Settlement; and I agree that treaties should be observed, but…

Michigan (and I am not from your lovely state) is quite a different place than it was in 1836.

When the Europeans came to North America the Indians were–literally–in the stone age of development as a people. They hadn't even invented bronze. Indians of today, and I have to think of yesteryear as well, profit by living in a modern society predicated upon cooperation, mutual rights and mutual obligations.

On their territorial reservations, let the Indians do what they want vis-a-vis hunting and fishing. On land and water under the jurisdicton of the state or the United States, they should be bound by the same rules as everybody else.

P.S. Spearing game fish seems barbaric.

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October 27, 2007 - 10:06 am
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Tribe's nets spark sports, rights rift
Anglers, tribe clash over fish: Conflict has led to boycotts, charges of racism

MANISTEE — In this tranquil beach community, the gentle lapping waves of Lake Michigan have brought ashore a brutish dispute.

Sports fishermen and charter boat operators are fighting a local American Indian tribe over its use of fishing nets in one of the top salmon spots in the nation.

The issue has led to vandalism, boycotts and charges of favoritism and racism. Some boaters refer to the town as Manisteepee.

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November 5, 2007 - 10:52 pm
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Judge approves deal on Indian hunting, fishing rights in Michigan

TRAVERSE CITY — Five American Indian tribes in northern Michigan will try to develop similar hunting and fishing regulations following a federal judge’s approval of a deal acknowledging their rights under an 1836 treaty.

U.S. District Judge Richard Enslen of Kalamazoo signed a consent decree between the state of Michigan and the tribes today. It was the final step in a 4-year-old lawsuit rooted in decades of debate over the meaning of tribal rights in modern times.

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