Fishing rights agreement reached

JULY 14, 2000

Five Michigan tribes, the state of Michigan, and the United States have reached an agreement in principle over fishing rights in the Great Lakes.

On Thursday, mediator John Bickerman announced that an agreement has been reached between the Bay Mills Indian Community, the Sault Ste Marie Ojibwe, the Grand Traverse Band of Ottawa and Ojibwe, the Little River Band of Ottawa, the Little Traverse Bay Bands of Odawa, the state of Michigan, and the federal government

"The talks have born fruit," said Bickerman. "The agreement is subject to ratification, but I'm very optimistic that we will receive ratification in the upcoming weeks."

Bickerman was chosen as mediator by the parties, who began negotiations in September of 1999. For Bickerman, it was his first treaty rights case but he has worked with tribes on other issues, such as water rights.

All parties in the agreement are bound by a confidentiality agreement. Until the agreement is ratified and entered into US District Court by Judge Richard Enslen, not much information is available for now.

"Once we have a final decree entered in the court, there will be alot more to talk about," said Bickerman.

The talks have centered around a 1985 consent decree which set rules for fishing by tribal members and Michigan citizens on portions of Lake Michigan, Lake Huron, and Lake Superior. The decree expired on May 31 of this year.

Talks have also concerned fishing in and around Grand Traverse Bay. The Grand Traverse Band consider the area historic fishing grounds and asserted treaty rights under an 1836 treaty with the federal government.

"Before the Tribal Council considers whether to approve the terms, the matter will be reviewed by the Natural Resources and Environmental Committee as required by the Tribe's Constitution," the band's legal department said yesterday in a prepared statement.

Sportfishing groups who have been involved in the negotiations leading up to the agreeement have wanted to limit the use of gill nets by the tribe. Along with conservation groups, they indicated their support for the agreement reached by the state and the tribes.

Relevant Links:
The Sault Ste. Marie Tribe of Chippewa - www.sootribe.org
Michigan State Department of Natural Resources - www.dnr.state.mi.us
Treaty Rights, Understanding the Conflict - www.fw.umn.edu/indigenous/default.html