The 1855 Treaty Authority has opened all public waters in the ceded territory for Chippewa treaty beneficiaries to harvest wild rice during daylight hours, sunrise to sunset. Three years ago today the 1855 Treaty Authority held a wild rice rally at Hole in the Day Lake in Nisswa to bring attention to Minnesota DNR violating Chippewa rights to hunt, fish and gather.
After the DNR delivered a one-day state harvesting permit to the rally on August 27, 2015, the 1855 Treaty Authority leadership tore-up the state permit and held an emergency, roadside meeting to rally again the following day.
During the 2016 session the Minnesota Legislature modified Minn. Stat. 84.091 to add section (c) Tribal band members who possess a valid tribal identification card from a federally recognized tribe located in Minnesota are deemed to have a license to harvest wild rice under this section.
Legal Update
Last year four Chippewa wild rice harvesters (whose cases are still pending) were cited in Sandy Lake flowage in Aitkin County for harvesting wild rice in violation of Minnesota harvesting hours of 9 a.m. to 3 p.m. These four wild rice cases are pending, waiting to see how the remaining Chippewa fisherman, Jim Northrup’s upcoming trial turns out September 5, 2018, at Crow Wing District Court in Brainerd.
Northrup was one of two Chippewa fisherman charged at Gull Lake during the second Hole in the Day harvesting event August 28, 2015. The state dismissed Todd Thompson’s netting charges following a November 8, 2017 Order where the court reserved for further hearings to determine whether Thompson did “enjoy individual usufructuary property rights under a series of United States treaties with the Chippewa” and whether “the site of the usufructuary activity where the citation was issued was within the exterior boundaries of Gull Lake reservation as provided for in the 1855 Treaty with the Chippewa . . .”
More recently, on May 11, 2018, the day before Minnesota fishing opener the 1855 Treaty Authority held a 2018 Fish Off Reunion treaty rights rally in Bemidji which also involved two Chippewa netters, yet to be charged by Beltrami County. The 2018 May Fish Off was held in Bemidji as a central location for the three most populated reservations where the most Chippewa tribal members’ rights and resources are in jeopardy of a variety of Line 3 impacts.
“We understand that it is the individual tribal members’ usufructuary rights to gather food and earn a modest living that are essential to our lives and important for the success of future generations’ ability to maintain our culture and traditions,” said Frank Bibeau, executive director, adding “protecting abundant, clean, fresh water is essential for our ecosystems and wildlife habitats to sustain all of us.”
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