Treaty Hunting, Fishing, & Gathering
The CORA website has information on treaty fishing in Michigan and this is a link to the 2007 Inland Consent Decree.
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If you need additional assistance, please contact MILS at 231-947-0122.
What is the state of treaty fishing and hunting rights in Michigan?
The state of treaty fishing and hunting rights in Michigan is primarily governed by historical treaties and subsequent legal interpretations. Key points include:
1. Treaty of 1836: The Chippewa and Ottawa Indians reserved fishing rights in the waters of the Great Lakes and other ceded territories. These rights were not relinquished by the Treaty of 1855 (People v. LeBlanc, 399 Mich. 31 (1976). The state of Michigan has limited authority to regulate these rights, provided the regulations are non-discriminatory and necessary for conservation (People v. LeBlanc, 399 Mich. 31 (1976), (People v. LeBlanc, 55 Mich.App. 684 (1974).
2. Treaty of 1854: This treaty provides the L'Anse band of Chippewa Indians the right to hunt and fish in the ceded territory until otherwise ordered by the President. This right includes fishing in areas like Keweenaw Bay without regard to Michigan fishing regulations (People v. Jondreau, 384 Mich. 539 (1971).
3. Regulation by the State: While the state can regulate the time and manner of exercising these rights, such regulations must be non-discriminatory and necessary for conservation (People v. LeBlanc, 55 Mich.App. 684 (1974). For example, commercial fishing by tribal members must comply with the rules and regulations of the Michigan Department of Natural Resources (Michigan United Conservations Clubs v. Anthony, 90 Mich.App. 99 (1979).
4. 2007 Inland Consent Decree: This decree, signed by the Michigan Department of Natural Resources and five federally recognized tribes, defines the extent of inland hunting, fishing, and gathering rights for tribal members. The tribes generally regulate hunting and fishing seasons and methods for their members (People v. Caswell, 336 Mich.App. 59 (2021).
5. Recent Legal Interpretations: Courts have upheld that tribal members retain their treaty rights unless explicitly relinquished. For instance, the district court in (People v. Caswell) ruled that the state could not divest members of their treaty rights through the 2007 Consent Decree (People v. Caswell, 336 Mich.App. 59 (2021).
In summary, treaty fishing and hunting rights in Michigan are robust, with significant protections under historical treaties. The state has limited regulatory authority, primarily focused on conservation and non-discriminatory application of regulations