Dave Richey: Key changes in the Inland Consent Decree fly under the radar

BY DAVE RICHEY
Outdoors Columnist

October 08, 2007 04:00 am

Changes are inevitable in fish and game management. Several new changes have occurred recently, and they seem to have slid under the sportsman's radar.

The 2007 Inland Consent Decree (ICD) between five Indian tribes, the United States Government and the Michigan Department of Natural Resources (DNR) was agreed to on Sept. 26.

The ICD grants the Bay Mills Indian Community, Sault Ste. Marie Tribe of Chippewa Indians, Little Traverse Bay Bands of Odawa Indians, Grand Traverse Band of Ottawa and Chippewa Indians, and Little River Band of Ottawa Indians, certain fishing, gathering and hunting rights.

"This Decree has been agreed to by all parties except the Sault tribe," said Kelley Smith, DNR Fisheries Chief. "The Sault tribe has sent it out on a referendum, and they expect their members will vote on the issue within the next three weeks."

There are certain items that haven't been discussed or are not understood by most anglers and hunters as well as non-sportsmen, and all parties should understand these key points. Some may cause concern to certain people, but the DNR says it's wise to let these things work themselves out over a period of time. The key issues include:

-- This agreement allows fishing, gathering and hunting on a subsistence basis. Smith says this means collecting sufficient resources to feed a tribal family and keep them warm.

-- Smith said that 4.6 million acres are involved in the ICD in the central and western third of the northern Lower Peninsula and the eastern two-thirds of the Upper Peninsula. Numerous lakes and rivers are included in both peninsulas.

-- "Both state and tribal officers can enforce this Decree," Smith said. "Tribal officers can check non-tribal sportsmen but it ends there, and if necessary, they would call in a state conservation officer. Tribal members would go to tribal courts." He said the tribes have their own regulations, and the state and tribes will meet at least once a year to determine if the resources are being properly managed.

-- The tribes can harvest birch bark (which, if properly done, will not damage the tree), collect sap to make maple syrup, and collect dead-and-down fire wood. The tribes cannot harvest standing timber or extract gravel, minerals or sand from state land.

-- Tribal members can exercise these rights on any land open to the public, and any Commercial Forest Act land that is 1,000 acres or larger. They may not trespass on private property without permission.

-- Some exceptions to state fish and game laws exist with the tribes. If the DNR determines a lake must be completely eradicated of fish, the tribes can take those fish for commercial purposes. "However," Smith said, "it must be a complete eradication."

-- Some anglers worry about gill netting in inland lakes. Smith said gill nets will be illegal to use with two exceptions. A tribal biologist can use one to check fish populations, and during a complete eradication a permit will be issued for one net for one tribal member and only for 24 hours. They must have a specified bag limit, and that harvest must be reported. There will not be a wide-open net fishery.

-- There are other exceptions. Tribes will have opportunities to spear or fish with hook and line during the closed seasons for non-tribal anglers. The season in the Lower Peninsula is March 15 to the Friday before the last Saturday in April. In the Upper Peninsula, the season will be April 1 through May 14. Smith said there are sufficient safeguards built into this agreement to protect our fisheries.

The tribal limit for deer is five animals, and the season is from the Tuesday after Labor Day through the first full week of January. The five-deer bag limit means one buck can be taken before Nov. 1 and one after Nov. 14 with a firearm. The tribes will observe a two-week quiet period before the statewide firearm deer opener. The tribal bear season will run from Sept. 10 through October, and the tribes are entitled to 10 percent of the bear and elk licenses issued.

-- There are approximately 50,000 tribal members. Smith adds a final note: "Our best advice is for sportsmen to respect the tribe's rights to fish or hunt. This agreement does not impact state anglers, hunters and trappers. Give this agreement an opportunity to work, and everyone will get their fair share of the resources of this state."

A meeting concerning the 2007 Inland Consent Decree will be held Oct. 18 at 7 p.m. at the Garfield Township Hall, 0466 W. Sharon Road SE, Fife Lake. Phone (231) 369-2483. For more details about the ICD go to www.michigan.gov/dnr.

Dave Richey also writes a daily Weblog, and readers are invited to visit it and his other features at www.daverichey.com. Contact him at dave@daverichey.com.

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