With the full rights guaranteed under the (1837) and 1854 ceded treaty declarations signed with the U.S. government, the Fond du Lac Band of Lake Superior Chippewa has announced plans to spearfish/net in seven Cook County lakes this spring.
Fond du Lac will issue the same amount of permits it issued in 2017.
The band has announced the following lakes and limits will be open to its band members who have obtained spearing/netting permits from the Fond du Lac fisheries department: Four mile Lake, 289; Caribou Lake, 268; Devil Track, 718; Pike Lake, 174; Tait Lake, 157; White Pine Lake, 161; and Ball Club Lake, 40.
While limits have been set on each lake, limits are rarely reached.
Because the ice looks like it will be late to leave the area lakes, there might not be any spearfishing/ gill netting this season, said Fond du Lac Fisheries biologist Brian Borkholder.
It wouldn’t be the first time the season didn’t open because of weather. The 2014 season was cancelled because of late ice out.
In 2016 Pike, Caribou, Tait, and Four Mile lakes saw a harvest of 190 walleyes for a total of 223.4 pounds.
Borkholder said, “The band has committed to not spear after the evening of May 7. We will not be there after the state fishing opener. For most lakes, I suspect we will only be there for one or two nights.”
Spearing will be conducted under the guidance of Fond du Lac game wardens, biologists and Minnesota Department of Natural Resources staff (DNR).
That is, if it takes place at all.
The 1854 treaty was signed between the U.S. and Fond du Lac, Grand Portage, and Boise Forte bands. The bands ceded lands to the federal government in an exchange for hunting and fishing rights.
Changes came in 1988 when the state of Minnesota negotiated an out-of-court settlement with Fond du Lac, Boise Forte and Grand Portage over rights reserved in the 1854 Treaty but Fond du Lac opted out of the agreement in 1989.
Under the current pact Boise Forte and Grand Portage restrict their harvest of off-reservation game, fish, and wild rice in return for an annual payment from the state that is based on a formula tied to the revenue from hunting and fishing license sales.
Under the guidance of the 1837 Ceded Territory agreement, Fond du Lac is under no obligation to meet with or notify the state about its plans to net or spear in ceded territories. However, a committee was formed—the Fisheries Technical Committee– that meets twice a year to discuss data, exchange information, and review management of fisheries within the Bands jurisdiction.
At these meetings representatives of the State of Minnesota, Mille Lacs, Fond du Lac and six bands from Wisconsin get together to look at models and predictors of current walleye status in fisheries where the bands have selected to fish, and quotas are established with the state not only for walleye, but also for northern pike, yellow perch, burbot and tullibee.
Under these arrangements with the State of Minnesota, by March 15 the bands must set harvest quotas and send that information to the state.
Once a harvest quota is set, bands have agreed not to exceed more than 50 percent of the allowable harvest for each lake. The state will review those goals and look at the models and adjust length and creel limits if necessary, so sate anglers can stay within the quota and not over-harvest walleyes or any other species in a lake.
As the quota is neared the number of permits will be limited, said Borkholder, and fishing in the evening will be closed earlier in the evening if required.
By following these rules Fond du Lac and the other seven tribes that fall under the 1837 Ceded Territory agreement have never exceeded their walleye limit on Mille Lacs Lake or any of the other, smaller lakes in the treaty agreement.
Fishing begins once the ice leaves the water. However, before any harvest activity can take place the band must first notify the state by noon, which lake (or lakes) they will be fishing in. Additionally the band must notify the state which landing will be used and declare how many permits will be available for that night’s activity. Tribal fishermen are only allowed two walleye per permit larger than 20 inches, and only one of those can be larger than 24 inches.
Interest in spear fishing by band members varies. In 2014, some 35 band members signed up to spear on Mille Lacs Lake and only 11 showed up. In 2015, 40 signed up and fewer than 10 fished in Cook County.
Should any spearing/netting take place in Cook County this year, Fond du Lac will send 3-5 wardens and a team of 4-5 biologists and technicians out each night. Band members must check in at the landing and pick up a permit before fishing. At that time wardens will inspect each boat for safety, life vests, registration, and even inspect spears to ensure they comply with court-ordered specifications.
Limits for each lake are established by electrofishing surveys the band conducts and a model based upon walleye thermal and optical habitat (TOHA). “This gives us an estimate of pounds available for harvest. And we have opted for a very conservative harvest using this TOHA model, and evaluate it over a number of years to see how walleye populations respond using this model and harvest regime,” Borkholder said.
Only a maximum of two lakes per night will be open for fishing, and limits will be set based on the walleye population of those lakes, said Borkholder.
There are over 2,500 lakes and nearly 5,600 miles of streams in the 1854 territory. Fond du Lac works with the Boise Forte and Grand Portage bands and the state of Minnesota Department of Natural Resources (DNR) to establish safe harvestable quotas for each lake it plans to fish.
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