Invoking its 1854 Treaty rights, the Fond du Lac Band of Lake Superior Chippewa has announced plans to spearfish in five Cook County lakes this spring.
Now that the ice is out, the Band has said its members may take fish with spears from Brule, Cascade, Crescent, Sea Gull and Tom lakes.
Last year Pike, Caribou, Tait, and Four Mile lakes saw a harvest of 190 walleyes for a total of 223.4 pounds.
The 2014 season was cancelled because of late ice out.
Fond du Lac Fisheries Biologist Brian 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.
“I’m not sure about the real interest,” said Borkholder. “We’re in the Duluth area now, working our way up north. Not sure if or when we we’d be up there,” he told the Cook County News-Herald on April 21.
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. In 1988, 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 agreement 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 meet to look at models and predictors of current walleye status in fisheries the Bands have selected to fish, and quotas are established with the State not only for walleye, but for northern pike, yellow perch, burbot and tullibee.
Under these agreements with the State of Minnesota, by March 15 the Bands must set harvest quotas and send that information to the State. 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 state 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 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. Last year 40 signed up and fewer than 10 fished in Cook County.
This year Fond du Lac announced it would not net on Mille Lacs Lake due to the low population of walleye. The Band will allow some spear permits (20 fish per person) on Mille Lacs this spring.
Some lakes in the 1837 and 1854 ceded territories over 1,000 acres will be opened for gill netting and spearing. Falling into that category is Brule Lake at 4,327 acres, and Sea Gull Lake at 3,958 acres. Under Fond du Lac’s guidelines, 682 pounds of fish may be netted from Brule and 3,958 pounds taken from Sea Gull 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.
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.
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