Michigan

Inland Settlement Signed at Odawa Casino in Petoskey

Matthew L.M. Fletcher

From the Petoskey News Review:

“Four weeks after the various governments reached an understanding of how historic treaty rights apply to tribal members’ inland fishing and hunting activities, many of their officials and staff — about 100 people in all — gathered at the Odawa Hotel in Petoskey to commemorate the new agreement.

“Pipe and flag ceremonies and a gift exchange among governmental leaders were part of the celebration.

“It is a pretty exciting day,” said Little Traverse Bay Bands of Odawa Indians tribal chairman Frank Ettawageshik.

“While driving to Thursday’s event, Ettawageshik noted that he’d passed through some heavy fog before arriving in clearer conditions — and likened this experience to the years-long discussion and negotiation that led up to the agreement.

“Here we are back in the sunshine at the end of the clouds,” the chairman said.


Little Traverse Bay Bands of Odawa Indians tribal chairman Frank Ettawageshik signs a document commemorating a new consent decree which clarifies the hunting and fishing rights retained by five of Michigan’s Indian tribes in the Treaty of 1836. The LTBB hosted a celebration to commemorate the new agreement Thursday at its Odawa Hotel. (Ryan Bentley/News-Review)

Second DNR Explanatory Meeting

Matthew L.M. Fletcher

From the Ludington Daily News: “Chris Dobyns of the Michigan Attorney General’s office explained that several legal precedents were in the tribes’ favor heading into the negotiation on inland rights. The Canons of Construction, which are long-standing legal guidelines, explain that any ambiguous language in a treaty like “until the land is needed for settlement,” should be construed liberally in favor of tribes. Court rulings against the state of Minnesota and Wisconsin have reinforced this.”

More from the Ludington Daily News: “What will most residents notice once the new tribal consent decree kicks in? Nothing different, according to Little River Band Natural Resources Commission Chair Jimmie Mitchell, who spoke to the Daily News shortly after the agreement was announced.”

First DNR Inland Settlement Meeting

Matthew L.M. Fletcher

From the Soo Evening News:

Fisheries Chief Kelly Smith of the Michigan Department of Natural Resources indicated the fishing portion of the consent decree involved long and detailed discussion. The state was looking to protect fish stocks while at the same time minimizing the impact on licensed anglers and maintaining the current regulations. The tribes were looking to maximize harvest at peak times of efficiency utilizing spears and nets even during the spawning runs.

The tribes agreed to a permit system with notification requirements and timely harvest reporting. For its part, the state agreed to allow subsistence fishing activities even during spawning periods with certain restrictions designed to protect fish populations.

Walleyes, salmon and steelhead may all be taken by subsistence fishermen utilizing the tribal permit system with a variety of restrictions. They will be limited to somewhere between 5 and 10 percent of the walleye population in any given inland lake depending on acreage. Certain river systems leading into Big and Little Bay de Noc will also be open during the spawning run.

Smith observed the combination of sport anglers and subsistence fishermen should not exceed the 35 percent threshold required to maintain walleye populations on any given lake.

Steelhead and salmon will also be available to subsistence fishermen under the agreement with certain limitations again designed to protect brood stock in key areas.

Tribal members utilizing their own hunting permits will be allowed to harvest up to five deer a year with the season beginning the day after Labor Day and running into January. These permits will limit harvest to two antlered deer with only one allowed to be taken with a firearm before Nov. 1. The agreement also calls for a quiet period from Nov. 1-14, prohibiting the use of firearms for trial deer hunters.

Tribal regulations allow for the harvest of two turkey during the spring hunt and two more during the fall hunt. Migratory bird hunting will be governed by existing federal regulations with most other small game species unaddressed by the consent decree.

Bear hunters operating under tribal regulations will have the same start and end dates as Michigan hunters without any breaks. Tribal members will be entitled to up to 10 percent of the harvest within each bear management unit and that number can increase to 12.5 percent in the future if needed.

Tribal hunters are also guaranteed 10 percent of the state’s elk permits, but that can increase to 20 percent if the state issues less than 101 permits and more than 50.

Permits for both bear and elk will be transferable.

There were a number of questions from the audience following the DNR’s presentation including one member who asked if the tribe should be required to utilize the same equipment and techniques available at the time the treaty was signed.

“The courts have uniformly held that tribal members can use the same benefits of technology as non-tribal members,” answered Dobbins, meaning tribal members do not have any gear restrictions above and beyond the average sportsman.

More Inland Coverage: The Settlement from the POV of U.P. Whitetails Assn

Matthew L.M. Fletcher

From the Escanaba Daily Press: “The conservation work performed by organizations such as the Bay De Noc Sports Fishermen and the MDNR was recognized as an integral component of the successful management of our inland fisheries. Is [the settlement] perfect? Not totally. However it is a far cry better than what was in place before because now everyone is thinking towards the future.”

The longer article appears to be an interesting CYA from the treaty rights opponents.

One nit to the author — the settlement doesn’t “change[]” the treaty, just interpret it.

Michigan Antique Dealer Sentenced for Selling Eagle Feathers

Matthew L.M. Fletcher

USFWS Press Release:

Thomas J. Hampton, 56, of Tekonsha, Mich., was sentenced today in federal court for illegally selling a Native American lance decorated with more than 30 golden eagle feathers. Previously, Hampton pleaded guilty on July 17, 2007 to a one-count federal felony indictment charging him with the sale of eagle feathers in interstate commerce, in violation of the Lacey Act. Today, U.S. District Court Judge J. P. Stadtmueller sentenced Hampton to two years probation and to pay a fine of $2,500.

Federal law prohibits the sale of eagle feathers regardless of the age of the feathers. Golden eagles, and bald eagles, are protected by the Bald and Golden Eagle Protection Act. The Lacey Act prohibits the sale, in interstate commerce, of wildlife that has been taken, possessed, transported or sold in violation of federal, state, or tribal law.

Hampton operates Hampton Historicals, an antique business based in Tekonsha. Hampton admitted that, in April 2002, he traveled from his home in Michigan to Columbus, Wis., to sell Native American artifacts to an art and antiques collector. Hampton brought several artifacts, including the lance, with him. Hampton sold the lance to the collector for $25,000.

U.S. Fish and Wildlife Service Special Agents became aware of Hampton’s crime when, in the spring of 2006, the Wisconsin collector tried to resell the lance for $38,000. U.S. Fish and Wildlife Service Special Agent Ed Spoon said, “A concerned citizen contacted us. That’s how the Service learned about this illegal attempt to sell the lance.” Agent Spoon said the citizen who reported the attempted sale was motivated by a desire to stop the illegal trade in artifacts decorated with protected migratory bird feathers. Agents subsequently executed a search warrant in Columbus, Wis., where they seized the lance, computer evidence and documents describing the lance’s history.

Further investigation led the agents to Hampton in Michigan. Agent Spoon said the nine-foot long lance, or spear, appears to date back to the late 1700’s. It is believed to be a Spanish lance that passed into Native American ownership in the early 1800’s. The lance was probably possessed by Comanche or Kiowa warriors in the Southern Plains region of the United States.

Agent Spoon said charges are expected to be filed soon against the collector who offered the lance for sale in 2006.

Assistant United States Attorney Daniel Sanders prosecuted the case for the United States Attorneys Office in Milwaukee.

The U.S. Fish and Wildlife Service is the principal federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 548 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 78 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign and Native American tribal governments with their conservation efforts. It also oversees the Federal Assistance program, which distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies.

More Coverage of Soo Tribe Vote on Inland

Matthew L.M. Fletcher

From the AP: “The Sault Ste. Marie Tribe of Chippewa Indians said Thursday that its members have approved an agreement between five American Indian tribes and the state of Michigan over inland hunting and fishing rights.”

Coverage of Soo Tribe Vote

Matthew L.M. Fletcher

From Soo News:

Sault Ste. Marie Tribe Votes to Approve Inland Settlement

Matthew L.M. Fletcher1 Comment

BIG NEWS!!!!

From the Soo Tribe website:

Membership Approves of Inland Consent Decree

Written by Cory Wilson

Thursday, 18 October 2007

The Sault Tribe Election Committee released the unofficial election results pertaining to the referendum on tribal members’ inland treaty rights, indicating 3,476 voted to approve, 678 voted to disapprove, while 28 ballots were deemed spoiled or unrecognizable.

The Election Committee announced that 4,182 ballots were received out of 12,734 mailed to the membership, accounting for a 32.8 % voter turnout. According to these results, this referendum exceeds the 30% vote requirement and therefore, is considered a valid election as defined by the election code.

On August 14, the Board of Directors determined an issue of such importance should be sent to a vote of the people by referendum to decide whether or not the tribe should enter into a permanent agreement with the state and federal government regarding tribal members’ rights related to inland fishing, hunting, and gathering. Subsequently, the referendum ballot language was approved on September 17, which asked tribal members “Do you approve or disapprove of resolution: Authorization to Ratify the Inland Consent Decree?” The election ballot was mailed to members on September 27. The deadline to return ballots was 5 p.m. on October 17.

The “Inland Consent Decree” is an agreement between five northern Michigan tribes, the state of Michigan, and the federal government that defines and details the specific treaty rights of tribal members. An “Agreement in Principal” was signed by all parties last summer, which committed all those involved to work together to formulate an agreement or settlement.

Following the release of the election results Chairperson Aaron Payment stated, ”Despite strident opposition from select board members to letting the people decide this issue, an overwhelming response of over 80 percent should put the issue to rest. I am satisfied with the outcome. The people have spoken.”

According to the tribe’s lead attorney, even though a referendum was held, official approval by resolution is still required. A special meeting of the Board of Directors is scheduled for Sunday, October 21 at 1:00 p.m. at the Kewadin Shores Casino in St. Ignace to accept the election results and to enact the resolution specifically outlined in the referendum.

The resolution titled, “Authorization to Ratify the Inland Consent Decree for U.S. v. MI” and states, “Whereas, the Sault Ste. Marie Tribe of Chippewa Indians is currently engaged in the inland phase of the United States v. State of Michigan, informally know as “US v MI”, and the parties are: as Plaintiff, The United States of America, and as Plaintiff-Interveners, Bay Mills Indian Community, Sault Ste. Marie Tribe of Chippewa Indians, Grand Traverse Band of Ottawa and Chippewa Indians, Little River Band of Ottawa Indians, and Little Traverse Bay Bands of Odawa Indians, versus as Defendants, State of Michigan, et al, and as Amicus Curiae, the Michigan United Conservation Clubs, Bay De Noc Great Lakes Sportfisherman, Inc, and U.P. Whitetails, Inc, and finally as Amicus Curiae, the Coalition to Protect Michigan’s Resources, Stuart Cheney, Robert Andrus, Walloon Lake Trust and Conservancy (“Parties”); and…the Parties agreed to a binding settlement of the inland phase of US v. MI by executing an Agreement in Principle; and…upon execution of the Agreement in Principle the Parties agree to prepare a proposed consent decree and a stipulation for the entry of the proposed consent decree based upon the terms and conditions of the Agreement in Principle; and…through lengthy negotiations the Parties have completed a proposed consent decree and are presenting it to their respective governing bodies for ratification. Now therefore be it resolved, that the Board of Directors hereby ratifies the Inland Consent Decree. Be it further resolved, that the Board of Directors hereby authorizes the Chairperson, or his designees, to execute a stipulation for entry of the proposed consent decree, or other implementing documents as my be necessary.”

The Board of Directors is also scheduled to meet with the judge presiding over the Inland Consent Decree case on October 22, to finalize any other legal matters related to the case.

More News Coverage of the Inland Settlement

Matthew L.M. Fletcher

From WLUC: “DNR officials say the agreement should be acceptable to both Indians and non-Indians. Generally, you won’t see an impact not only to the state-licensed anglers and their opportunities to fish, but also in terms of their harvest,” said Kelly Smith of the DNR Fisheries Division. On October 22, the DNR, the tribes and an Assistant Attorney General will present the agreement to a judge. If it’s accepted, it’ll become law.”

From the Escanaba Daily Press: “The state’s consent decree with five Michigan Native American tribes is the culmination of a process over a century in the making. It also avoids a disastrous outcome in which the state could have had no regulatory power over tribal hunting and fishing in a wide section of the state. The 1836 Treaty of Washington was reached between the United States and the Ottawa and Chippewa tribes of what later became Michigan. The state of Michigan did not exist at the time of the treaty (it was founded in 1837).”

Dates of Mich. DNR Public Meetings on Inland Settlement

Kate Fort

As mentioned below, the Michigan DNR will be holding public meetings to distribute information and answer questions about the settlement agreement. Here are the dates for three of those meetings:

Escanaba, Tuesday, Oct. 16. The meeting will be held from 7 to 9 p.m. in Rooms 958-962 of the Joseph Heirman University Center at Bay de Noc College located at 2001 N. Lincoln Rd. in Escanaba.

Sault Ste. Marie, Wednesday, Oct. 17. The meeting will be held from 7 to 9 p.m. in the Sault Ste. Marie High School Theater located at 904 Marquette Ave. in Sault Ste. Marie.

Traverse City, Thursday, Oct. 18. The meeting will be held from 7 to 9 p.m. at the Garfield Township Hall located at 3843 Veterans Dr. in Traverse City.