The Tribal Fishery
Bay Mills fishery staff conduct assess-ments in Whitefish Bay, Lake Superior. Bay Mills fishery staff conduct assess-ments in Whitefish Bay, Lake Superior.
Today, commercial and subsistence fishing are as important to tribal members as they ever were. Although gear, vessels and technology have changed, tribal members' desire to maintain their culture while conserving the resource has not.
Before European Settlement
Fishing and the use of gill nets for food and trade was important to the Great Lakes tribes before and after European settlement. Prior to European contact in the 1600s, Great Lakes Indians had developed a life patterned around lakeside fishing villages with small gar- dens of corn, squash and beans, supplementing their fish and vegetables with hunting. Fish was an important primary food source and some used the leftovers for fertilizing crops while whitefish bladders could be used to tan animal hides. The Great Lakes Indians'primary catch was whitefish and lake trout.
According to archeologists,Native Americans have been fishing the Great Lakes for centuries. In the beginning of the Christian Era, cooperating families began gathering in seasonal fishing villages. By the Late Woodland Era, which began around 800 A.D., an adaptation to fishing village life had evolved that archeologists call the "Inland Shores Fishery. "Natives used gill nets to harvest whitefish and lake trout in many of the traditional areas still fished today. Europeans Trade with Great Lakes Indians, Sign Treaty
As Europeans settled, Indians were fishing not only for subsistence (for food) but commercially, selling fish to the Europeans. As more Europeans settled, their need for fish that tribal fishers could provide increased.By the 1830s, Indians were working for American fur companies who developed their own fisheries, using gill nets and other gear. In a push for land and statehood for the Michigan territories, the United States signed a treaty with regional Ottawa and Chippewa Indians in March 1836. The tribes retained the right to fish and hunt in the ceded territory and bordering waters. Michigan gained statehood in 1837.
Great Lakes Fishery Grows, then Declines
The Great Lakes commercial fishery grew dramatically around the turn of the centu- ry. Immigrant fishers using steam powered tugs and net lifters began harvesting millions of fish from the Great Lakes.
The Michigan Supreme Court declared in 1930 that Indians had no special fishing and hunting rights. Many Indian fishers purchased state licenses to continue fishing.
During the 1950s, the sea lamprey entered the Great Lakes from the Atlantic Ocean and contributed to the decline of the Great Lakes Fishery.
The Struggle for Treaty Rights
In the mid-1960s, the State of Michigan began limiting entry into the commercial fishery. Its purpose was to protect a growing recreational fishery Albert "Big Abe" LeBlanc of the Bay Mills Indian Community challenged the state's right to restrict tribal commercial fishing by setting nets in Lake Superior's Whitefish Bay in 1971.
Due to his challenge, in 1976 the Michigan Supreme Court reversed its 1930 ruling. It determined the 1836 and 1855 treaties did retain some Indian fishing rights free from state regulation.
U.S. District Court Judge Noel Fox's 1979 decision concluded that Bay Mills Indian Community and Sault Ste. Marie Tribe of Chippewa Indians have treaty rights that include the right to fish in 1836 Treaty-ceded territory of Lakes Huron, Michigan and Superior that may not be regulated or restrict- ed by the state. Grand Traverse Band of Ottawa and Chippewa Indians was later included as a party to the Court's decision. In 1981, the U.S.Court of Appeals upheld the Fox Decision and the U.S. Supreme Court denied review.
The Consent Order of 1985
Because of the Fox decision and subsequent court rulings clarifying Indian treaty rights, the tribes established COTFMA to regulate the tribal fishery. In 1998, the COTFMA tribes were joined by the Manistee-based Little River Band of Ottawa Indians, which was federally recognized in 1994.
Although the tribes retained the right to fish in the Great Lakes, conflicts among tribal fishers, state licensed commercial fishers, and sport fishing groups continued. In 1985, the tribes, the state, the U.S. Department of the Interior and various sport fishing organizations entered negotiations. The U.S. District Court ordered a 15-year agreement called the "Consent Order" into effect in 1985.
The Order, which expired in 2000, allocated fishery resources between user groups. Its purpose was to reduce social conflict while conserving and enhancing valuable fish stocks. It also established a mechanism to resolve disputes by the formation of an Executive Council made up of COTFMA member tribes' chairmen and state and federal representatives. When the mechanism failed, the U.S. District Court stepped in to resolve the conflict.
The 2000 Consent Decree
The 1985 Consent Order expired May 2000. After two years of negotiations, the Consent Decree under which 1836 tribes in Michigan regulate their treaty fishery was signed Aug. 8, 2000.
The new agreement is the product of significant changes that occurred over the 15 year duration of the 1985 Consent Order. Two additional tribes, Little Traverse Bay Band and Little River Band, had gained federal recognition. The five tribes had developed an effective tribal system of regulation, conservation and enforcement, becoming involved in every aspect of the fishery. Perhaps most importantly, fish populations had changed and moved over time.
The 2000 Consent Decree establishes an Executive Council with biological and law enforcement standing committees. Comprised of tribal, state and federal biologists, the Technical Fishery Committee (TFC)operates by consensus with more structure and well defined roles than its predecessor, the Technical Fishery Review Committee. The Decree also established a citizen Advisory Group to provide insight and feedback on law enforcement problems, issues, and concerns related to the agreement.
The Decree drops the zonal approach used in the 1985 Consent Order to allocate the resource. Although 1836 waters are still placed on a grid system, the fishery is man- aged by species. The TFC is responsible for gathering data and establishing total harvest limits. Tribal, state and federal biologists will work intensively to help with the implementation of the biologically-driven 2000 Consent Decree.
Lake trout rehabilitation is at the heart of the Decree. Biologists think that by reducing factors affecting mortality - such as fishing and sea lamprey predation - natural reproduction in Lakes Huron and Michigan could be achieved. To that end, the Decree reclassifies deferred areas as primary lake trout rehabilitation zones. To help achieve rehabilitation goals in each management unit, these zones are generally subject to target annual mortality rates and safe harvest levels.
The U.S. Fish and Wildlife Service continues its active role in the 1836 treaty fishery by providing technical assistance to the tribes, helping collect data the tribes need to regulate the fishery, and collaborating on lake trout rehabilitation.
COTFMA becomes CORA
Effective January 2001, the inter-tribal regulatory body Chippewa Ottawa Treaty Fishery Management Authority (COTFMA) officially changed over to the Chippewa Ottawa Resource Authority (CORA), gathering all 1836 treaty fishing tribes under its wing and taking on a larger scope in regulation. CORA member tribes are (in alphabetical order) :
Bay Mills Indian Community, Brimley, Mich.
Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, Mich.
Little River Band of Ottawa Indians, Manistee, Mich.
Little Traverse Bay Band of Odawa Indians, Petoskey, Mich.
Sault Ste.Marie Tribe of Chippewa Indians, Sault Ste. Marie, Mich.
Like COTFMA, the CORA governing body is comprised of the member-tribe chairmen and the natural resource entity chairmen of each tribe.
Under the CORA charter, two new committees were established - the Great Lakes Resource Committee (GLRC) and the Inland Lands and Waters Resources Committee (ILWRC). The GLRC serves as the inter-tribal management body for the treaty fishery in 1836 treaty waters (similar to COTFMA ’s former role), invested with broad powers to carry out its charge, while ILWRC oversees inland resource matters.
The 1836 treaty fishery continues to be one of the most regulated fisheries in the Great Lakes, subject to inter-tribal regulations now under CORA, tribal regulations, Food and Drug Administration HACCP seafood safety regulations, and U.S. Coast Guard maritime safety regulations.