Area lakes, streams subject to 1836 treaty fishing rights
By Thomas Reznich

WAITING FOR THE RUN Department of Natural Resources Conservation Officer Chris Bowen looks for fish in Denton Creek just below the Lake James Dam Monday afternoon. The area, which is off limits to fishermen carrying State of Michigan fishing licenses during the walleye run, may be fished by Native American subsistence fishermen this spring. (TRP)

Areas in Roscommon County that are off limits to fishermen with State of Michigan fishing licenses may be fished this spring by members of five Native American bands whose right to subsistence fishing has been upheld in court.

Last year's federal court reaffirmation of subsistence fishing rights granted in the Treaty of 1836, which includes the Inland Consent Decree, confirms that most of the streams, rivers and lakes in Roscommon County are within the treaty area and can be fished using traditional methods under tribal permit.

Michigan Department of Natural Resources Fisheries Biologist Tom Rozich said negotiations with The Little River Band of Ottawa Indians, Grand Traverse Bay Band of Ottawa and Chippewa, Little Traverse Bay Band of Odawa, Sault St. Marie Band of Chippewa and the Bay Mills Indian Community resulted in yearly quotas for various species of fish which can be harvested from specific bodies of water.

Rozich said that harvest levels were set to preserve stable populations of all species of fish. For instance, at Houghton Lake, each of the five bands has been allotted a total of 712 walleye for the year, which can be taken from the lake or any of its tributaries.

He said this level of harvest will not have a negative impact on the lake's walleye popula- tion, and that he doubts that the quotas will come close to being filled.

Noting that some fishermen may be concerned about the number of fish being taken, Rozich cited a creel survey of fishermen holding Michigan fishing licenses conducted in 2001 which reported a combined ice and open water estimated catch of 18,265 walleye for the year.

"Everybody needs to calm down," said Rozich, "this level of harvest won't have an impact on the walleye population." He also warned against anyone who would interfere with tribal members exercising their treaty rights. "We're dealing with federal law here," he said. "It's not to be taken lightly."

According to Little River Band of Ottawa Natural Resources Department Director Jimmy Mitchell, Native American subsistence fishermen must draw permits to fish specific bodies of water. Permits also prescribe limits for whatever species they are targeting.

He said subsistence fishermen must use traditional methods, which in the case of walleye fishing includes spearing, hook-andline and bow-and-arrow. No gill netting is allowed because specific species cannot be targeted, and none of the tribes have impoundment nets, the cost of which would be prohibitive in a subsistence fishing application.

So far, two permits have been issued to subsistence fishermen, both for the Houghton Lake system. Each was for up to 10 walleye.

Under the Inland Consent Decree, no commercial or recreational fishing will be allowed. According to Michigan Department of Natural Resources Conservation Officer Lt. Creig Grey, Indian fishermen will also recognize a season for brook and brown trout fishing and special regulations on type 5, 6 and 7 trout streams and type D trout lakes, which would include areas such as the Mason Tract on the South Branch of the Au Sable River.

Grey said that the treaty is "the supreme law of the land" and that legally, subsistence fishing rights can be thought of as similar to mineral rights. He also noted that anyone interfering with Native American fishermen exercising their treaty rights could be subject to grave penalties, since their act could be prosecuted as a civil rights violation.