UNITED STATES DISTRICT COURT SOUTHERN DIVISION BAY … · united states district court western district of michigan southern division _____ united states of america, plaintiff, and

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION ______________________

UNITED STATES OF AMERICA, Plaintiff, and Case No. 2:73 CV 26 BAY MILLS INDIAN COMMUNITY, SAULT STE. MARIE TRIBE OF Hon. Richard Alan Enslen CHIPPEWA INDIANS, GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS, LITTLE RIVER BAND OF OTTAWA INDIANS, and LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, Intervening Plaintiffs, v. CONSENT DECREE STATE OF MICHIGAN, et al., Defendants. __________________________________/ The parties, with the involvement of amici curiae, have engaged in extensive mediated

negotiations to resolve their differences concerning allocation, management, and regulation of

fishing in 1836 Treaty waters upon expiration of the Order of the Court entered in this case on

May 31, 1985. These negotiations have resulted in this Consent Decree and related documents

detailing how fishing in 1836 Treaty waters will be allocated, managed, and regulated by the

parties for the next twenty years. The parties have executed a Stipulation for entry of this

Decree, in which the amici have concurred. The Court approves the agreement of the parties as

set forth in this Decree.

THEREFORE, IT IS ORDERED AND DECREED:

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CONTENTS I. INTRODUCTION ...................................................................................................................................... 1 II. DEFINITIONS............................................................................................................................................ 1 III. INTERTRIBAL AGREEMENTS............................................................................................................... 3 IV. COMMERCIAL FISHING ZONES ........................................................................................................... 4

A. Tribal Commercial Fishing Zones and Regulations ......................................................................... 4

1. Lake Michigan ....................................................................................................................... 4 a. Northern Lake Michigan Inter-Tribal Fishing Zone.................................................... 4 b. Bay de Noc Trap Net Zone.......................................................................................... 4 c. Little Traverse Tribal Zone ......................................................................................... 5 d. Lake Michigan Northern Development Zone.............................................................. 6 e. Grand Traverse Tribal Zone ........................................................................................ 6 f. Little River Tribal Zone .............................................................................................. 7 g. Lake Michigan Southern Development Zone.............................................................. 8

2. Lake Huron ............................................................................................................................ 9 a. Northern Lake Huron Inter-Tribal Fishing Zone......................................................... 9 b. Bay Mills Small Boat Zone ....................................................................................... 10 c. Sault Tribe Tribal Zone ............................................................................................. 11 d. Southern Lake Huron Trap Net Zone ........................................................................ 12

3. Lake Superior....................................................................................................................... 14 a. Lake Superior Inter-Tribal Fishing Zone .................................................................. 14 b. Western Lake Superior Trap Net Zone ..................................................................... 14

B. State Commercial Fishing Zones.................................................................................................... 14 C. Closed Commercial Fishing Zones................................................................................................. 15

V. RECREATIONAL FISHING ................................................................................................................... 18 VI. REGULATION OF THE FISHERY ........................................................................................................ 18

A. Tribal Regulation............................................................................................................................ 18 B. State Regulation ............................................................................................................................. 21 C. Gear Restrictions ............................................................................................................................ 21 D. Spawning Closures ......................................................................................................................... 22

VII. LAKE TROUT MANAGEMENT............................................................................................................ 23

A. Lake Trout Harvest......................................................................................................................... 23 B. Management of Lake Trout Harvest............................................................................................... 27 C. Lake Trout Refuges ........................................................................................................................ 28 D. MI-8................................................................................................................................................ 29 E. Retention of Lake Trout by Tribal Fishers ..................................................................................... 29

VIII. MANAGEMENT OF OTHER SPECIES................................................................................................. 29

A. Whitefish ........................................................................................................................................ 29

1. Shared Whitefish Harvest .................................................................................................... 29 2. Other Whitefish Fisheries .................................................................................................... 34

B. Salmon............................................................................................................................................ 34 C. Other Species.................................................................................................................................. 35

1. Species Authorized for Commercial Harvest....................................................................... 35 a. Bloater Chubs............................................................................................................ 36

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b. Lake Herring ............................................................................................................. 38 c. Menominee................................................................................................................ 38 d. Walleye ..................................................................................................................... 38 e. Yellow perch ............................................................................................................. 39 f. Other Species ............................................................................................................ 42

2. Species Not Authorized for Commercial Harvest................................................................ 43 IX. STOCKING .............................................................................................................................................. 43

A. Lake Committee Role..................................................................................................................... 43 B. TFC Review ................................................................................................................................... 43 C. Lake Trout Stocking....................................................................................................................... 44 D. Other Stocking Commitments ........................................................................................................ 44 E. Walleye Stocking in the Grand Traverse Tribal Zone.................................................................... 44

X. TRIBAL TRAP NET OPERATIONS ...................................................................................................... 45

A. State Commitment .......................................................................................................................... 45 B. Tribal Commitment ........................................................................................................................ 46 C. Gill Net Conversion Program......................................................................................................... 46 D. Trap Net Operations for Recently Reaffirmed Tribes .................................................................... 50 E. Selection of Trap Net Operations ................................................................................................... 50

XI. TRIBAL CHARTER BOAT OPERATIONS ........................................................................................... 51 XII. SUBSISTENCE FISHING ....................................................................................................................... 51 XIII. TECHNICAL FISHERIES COMMITTEE (TFC).................................................................................... 52

A. Creation .......................................................................................................................................... 52 B. Membership and Authority............................................................................................................. 52 C. Tasks and Responsibilities ............................................................................................................. 53

XIV. NOTICE AND CONSULTATION........................................................................................................... 54

A. Tribal Effort-Based Management................................................................................................... 54 B. Notice of Proposed Regulatory Actions ......................................................................................... 54 C. Parties Receiving Notice ................................................................................................................ 55 D. Local Consultation ......................................................................................................................... 56

XV. INFORMATION SHARING.................................................................................................................... 56

A. Biological Data............................................................................................................................... 56 B. Commercial Harvest....................................................................................................................... 56 C. Subsistence Harvest by Tribal Fishers............................................................................................ 57 D. Retail Sales Records ....................................................................................................................... 57 E. Tribally-licensed Fish Wholesaler Reports .................................................................................... 57 F. State-licensed Fish Wholesaler Reports ......................................................................................... 57 G. Recreational Harvest by State-licensed Fishers.............................................................................. 58 H. Recreational Harvest by Tribal Fishers .......................................................................................... 58 I. Tribal Charter Boat Harvest ........................................................................................................... 58 J. Salmon Weir Harvest ..................................................................................................................... 58 K. Consultant Permits ......................................................................................................................... 58 L. Environmental Contaminants ......................................................................................................... 58 M. Exotic Species ................................................................................................................................ 58

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XVI. INFORMATION GATHERING .............................................................................................................. 58 A. Lake Trout Rehabilitation............................................................................................................... 58 B. Assessment Fishing ........................................................................................................................ 59 C. Information to be Gathered ............................................................................................................ 60

XVII. JURISDICTION AND ENFORCEMENT................................................................................................ 60

A. Courts ............................................................................................................................................. 60 B. Enforcement Efforts ....................................................................................................................... 60

XVIII. EXECUTIVE COUNCIL ......................................................................................................................... 64 XIX. DISPUTE RESOLUTION ........................................................................................................................ 65

A. Negotiation ..................................................................................................................................... 65 B. Mediation ....................................................................................................................................... 66 C. Judicial Resolution ......................................................................................................................... 66

XX. FINANCIAL AND OTHER COMMITMENTS ...................................................................................... 67

A. Financial Commitments.................................................................................................................. 67

1. State Contributions .............................................................................................................. 67 2. Federal Contributions .......................................................................................................... 68

B. Other Commitments ....................................................................................................................... 69 XXI. RECONSIDERATION ............................................................................................................................. 70 XXII. DURATION.............................................................................................................................................. 71 XXIII. DISCLAIMERS........................................................................................................................................ 71 XXIV. ATTORNEY FEES AND COSTS............................................................................................................ 72 XXV. CONTINUING JURISDICTION.............................................................................................................. 72

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CONSENT DECREE I. INTRODUCTION.

This Decree governs allocation, management, and regulation of State and Tribal fisheries in the 1836 Treaty waters during the term described in section XXII. The Tribes shall adopt the CORA Charter, Tribal Plan, and Tribal Code for management and regulation of their fisheries during this period. This Decree requires the Tribes to abide by the terms of these documents, as they may be amended from time to time in accordance with their terms. This Decree sets forth additional provisions to address Federal, State, and Tribal management and allocation concerns. In the event of a conflict, the provisions of this Decree shall control over the provisions of the CORA Charter, Tribal Plan, and Tribal Code.

II. DEFINITIONS.

A. "1836 Treaty waters" means all waters of Lake Huron, Lake Michigan, Lake Superior, and connecting waters, which are within the area ceded in Article First of the Treaty of March 28, 1836, 7 Stat. 491.

B. "BSD" means Biological Services Division, which is the biological staff of

CORA. C. "Break wall" means a man-made barrier that breaks the force of waves, as before

a harbor. D. "Commercial fishing" means a fishing activity engaged in for the purpose of sale

of fish or parts of fish. E. "CORA" means the Chippewa Ottawa Resource Authority, an organization

formed by the Tribes which has been delegated certain management and regulatory authority. "CORA Charter" means the Chippewa Ottawa Resource Authority Charter and Rules of Procedure of the Chippewa Ottawa Resource Authority attached as Appendix A, including any changes adopted in the future.

F. "Fisher Identification Number" means a unique number assigned by CORA to an

individual Tribal fisher for purposes of compiling commercial harvest data which is required to be used consistently over time in lieu of identification of that fisher by name on all required compilations.

G. "Gill net" means a wall of webbing held vertically in the water by weights and

floats, and designed to capture fish by means of entanglement.

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H. "GLRC" means the Great Lakes Resources Committee, the committee of CORA

charged with promulgating Tribal fishing regulations for and making other management decisions concerning Tribal fishing in the 1836 Treaty waters.

I. "Grid" means a geographical unit based on ten (10) minutes of latitude by ten (10)

minutes of longitude and commonly used by Tribal, State, provincial, and federal governments for reporting fishery statistics. For the purpose of this Decree, the area of a grid shall include only those portions of a grid that are within the boundaries of the State of Michigan and the 1836 Treaty waters. Grids are shown on the grid maps included in Appendix C. (Maps 1., 2., and 3.)

J. "Harvest limit" means a limitation on harvest of lake trout, whitefish, or other

species established in this Decree. K. "HRG" means a harvest regulation guideline for whitefish and other species

developed in accordance with section III. of the Tribal Plan. L. "Impoundment net" means a net designed to capture fish by deflection and to

retain them in a live condition until removed (e.g., trap, pound, fyke, or hoop nets, etc.).

M. "Lake Superior Lake Trout Management Unit" means a geographical unit as

described in A Lake Trout Restoration Plan for Lake Superior (Great Lakes Fishery Commission, Ann Arbor, Michigan, 1996). For purposes of this Decree and for data compilation, the Lake Superior Lake Trout Management Units are aggregations of grids as outlined on the grid maps included in Appendix C. (Map 3.)

N. "Large mesh gill net" means a gill net having a diagonal stretch mesh

measurement of four and one-half (4.5) inches or greater. O. "MDNR" means the State of Michigan, Department of Natural Resources. P. "Mile" means statute mile. Q. "Parties" means the parties to United States v. Michigan, W. D. Mich. Case No.

2:73 CV 26, and does not include any person or entity granted amicus curiae status in the case.

R. "Pier" means a permanent man-made structure built for use by the public

extending from land out over the water. S. "Round weight" means the total weight in pounds of fish prior to any form of

processing, dressing, or eviscerating, and includes the weight of the head, entrails, and skin.

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T. "Small mesh gill net" means a gill net having a diagonal stretch mesh

measurement of two and one-half (2.5) through three (3.0) inches. U. "State" means the State of Michigan and includes without limitation the MDNR

and the other defendants in this action. V. "Statistical district" means a geographical unit as described in Great Lakes

Fishery Commission Special Publication Number 2. For purposes of this Decree and for data compilation, the statistical districts are aggregations of grids as outlined on the grid maps included in Appendix C. (Maps 1. and 2.)

W. "Subsistence fishing" means a Treaty fishing activity solely to provide fish for

personal or family consumption and not for sale or exchange, but does not include recreational fishing as described in section V.

X. "TFC" means the Technical Fisheries Committee created in section XIII. Y. "Trap net" means an impoundment net consisting of a lead, heart, tunnel, and pot

or crib, the webbing of which is held on the lake bottom by leads and upright in the water by floats and held in place by anchors.

Z. "Tribal Code" means the Chippewa Ottawa Resource Authority Commercial,

Subsistence, and Recreational Fishing Regulations for the 1836 Treaty Ceded Waters of Lakes Superior, Huron, and Michigan, including any future changes adopted in accordance with the Tribal Plan and this Decree.

AA. "Tribal Plan" means the Management Plan for the 1836 Treaty Great Lakes

Waters adopted by the Tribes and attached to this Decree as Appendix B, including any future changes adopted in accordance with the Tribal Plan and this Decree.

BB. "Tribes" means the five (5) Tribes who are parties to this action and members of

CORA: the Bay Mills Indian Community ("Bay Mills"), Grand Traverse Band of Ottawa and Chippewa Indians ("Grand Traverse"), Little River Band of Ottawa Indians ("Little River"), Little Traverse Bay Bands of Odawa Indians ("Little Traverse"), and Sault Ste. Marie Tribe of Chippewa Indians ("Sault Tribe").

CC. "USFWS" means the United States Fish and Wildlife Service, Department of the

Interior. DD. "Whitefish management unit" means an aggregation of grids as outlined on the

grid maps included in Appendix C. (Maps 4., 5., and 6.) III. INTERTRIBAL AGREEMENTS.

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In addition to stipulating to the entry of this Decree, the Tribes shall adopt the CORA Charter, Tribal Plan, and Tribal Code. Taken together, these three documents set forth how the Tribes will manage and regulate their fisheries cooperatively during the term of this Decree. These documents also contain commitments and agreements among the Tribes essential to that cooperation and the implementation of this Decree. The Tribes shall abide by the terms of the CORA Charter, Tribal Plan, and Tribal Code, including amendments adopted in accordance with the provisions of those documents and consistent with this Decree.

IV. COMMERCIAL FISHING ZONES.

A. Tribal Commercial Fishing Zones and Regulations. Subject to the provisions of this Decree, including its closures and restrictions, the following waters are open to Tribal commercial fishing:

1. Lake Michigan. (Map 7.)

a. Northern Lake Michigan Inter-Tribal Fishing Zone. (Map 7.)

(1) Description: Grids 115 through 118, 211 through 220, 310 through 320, 409 through 419, 509 through 516, 613, and the north half (N½) of 614, except for the southeast quarter (SE¼) of grid 314 and the south half (S½) of grid 415.

(2) Regulations: This zone shall be open to fishers from all Tribes

subject to the provisions of this Decree, the Tribal Plan, and the Tribal Code.

b. Bay de Noc Trap Net Zone. (Map 7.a.)

(1) Description: Grids 306, 308, 309, 406 through 408, and 506 through 508. For purposes of this Decree only, the parties reserving the issue of the location of the western boundary of 1836 Treaty waters in Lake Michigan, Tribal fishing is prohibited west of a line extending from the mouth of the Escanaba River in Delta County due east to the center of the shipping channel, thence due south to the Michigan-Wisconsin border, as shown on a map included in Appendix C. (Map 7.a.)

(2) Regulations: Subject to the provisions of this Decree, the Tribal

Plan, and the Tribal Code, the following regulations apply in this zone:

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(a) Except as provided in sub. (d), below, Tribal commercial fishing by any method other than trap nets shall be prohibited.

(b) Each trap net operation shall be limited to fifteen (15) trap

nets. (c) Trap net fishing in this zone shall initially be limited to five

(5) trap net operations, including one (1) trap net operation from Little Traverse and four (4) trap net operations from Sault Tribe. Additional Sault Tribe trap net operations may be authorized in the future by CORA based on data collected during previous years.

(d) Notwithstanding the above, fishing for yellow perch in a

portion of grid 508 is permitted in accordance with section VIII.C.1.e.(1)(b).

c. Little Traverse Tribal Zone. (Map 7.b.)

(1) Description: Grids 517 through 519, the southeast quarter (SE¼) of grid 314, and the south half (S½) of grid 415.


Plan, and Tribal Code, the following regulations apply in this zone:

(a) Commercial fishing in grid 518 shall be:

i. Open to trap net fishing year round; ii. Open to large mesh gill net fishing as follows:

A) From October 1 through April 30 west of a line running from Townline Road on the south to the Stuttsmanville Road tower on the north; and

B) From May 1 through September 30 west of a

line from Nine Mile Point on the south to Seven Mile Point on the north.

(b) Large mesh gill net operations in the south half (S½) and

northeast quarter (NE¼) of grid 517 and that portion of grid 518 in which large mesh gill net commercial fishing is permitted shall not exceed 12,000 feet of large mesh gill net in the water at any time.

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(c) Fishing for yellow perch in a portion of grid 518 is

permitted subject to the provisions of section VIII.C.1.e.

d. Lake Michigan Northern Development Zone. (Map 7.)

(1) Description: Grids 610 through 612, 709 through 711, 808 through 811, 908 through 910, and 1008 through 1010.



(a) Grids 711, 811, 910, and 1010 shall be open to Grand

Traverse trap net operations targeting whitefish; provided, that the aggregate net effort shall not exceed twelve (12) nets in the water at any one time.

(b) Except as provided in sub. (a), above, tribal commercial

fishing in this zone shall be limited to a permit fishery targeting bloater chubs.

(c) Tribal commercial fishing for all other species shall be

prohibited.

e. Grand Traverse Tribal Zone. (Map 7.c.)

(1) Description: Grids 615, 616, 712 through 716, 812 through 816, 911 through 916, 1011, and the south half (S½) of grid 614.



(a) Trap net operations. This zone is open to trap net

operations year round except for grids 915 and 916. (b) Large mesh gill net operations:

i. Grids 615, 616, 715, 716, the south half (S½) of grid 614, and the northern portion of grids 815 and 816 extending one (1) mile south from their northern boundary shall be open year round to large mesh gill net fishing.

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ii. Grids 712 and 713 shall be open to large mesh gill net fishing from the day after Labor Day through June 15.

iii. Grid 714 shall be open to large mesh gill net fishing

from the day after Labor Day through April 30. iv. In grids 712, 713, and 714, large mesh gill nets shall

be set at depths of thirty (30) feet or deeper from January 1 through April 30 and from the day after Labor Day through September 30, except when fishing for salmon pursuant to section VIII.B.

v. In addition to the provisions of sub. iv., above, in

grids 712 and 713, large mesh gill nets shall be set at depths of fifty (50) feet or less from May 1 through June 15. After two years, if the average catch per unit of effort is more than fifteen (15) lake trout per thousand feet of net, Grand Traverse may conduct an assessment approved by the TFC to evaluate whitefish harvest outside of the depths authorized above during the period May 1 through June 15. If the assessment demonstrates that whitefish may be harvested at a greater depth with a reduced harvest of lake trout and without increasing the harvest of other salmonids, then Grand Traverse may move this fishery to that new depth, subject to the concurrence of the State and Grand Traverse. The assessment must be conducted by biological staff rather than commercial fishers.

(c) Small mesh gill net operations:

i. This zone shall be open to small mesh gill net fishing for chubs year round except for grids 915, 916, and the portion of grids 815 and 816 south of a line one (1) mile south of their northern boundary.

ii. Grids 615, 712, 713, 714, 715 (except for that portion

described in section VIII.C.1.d.[1][a]i.), 716, and the south half (S½) of grids 614 and 616 shall be open year round to small mesh gill net fishing for yellow perch and walleye.

f. Little River Tribal Zone. (Map 7.)

(1) Description: Grids 1107 through 1111, 1207 through 1211, 1306 through 1310, and 1406 through 1410.

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(a) Trap Net Operations:

i. For the first three (3) years in which Tribal trap net operations fish in this zone or in that portion of the Lake Michigan Southern Development Zone (see section IV.A.1.g.) which is within whitefish management unit WFM-07, such waters shall be open to up to two (2) Tribal trap net operations, not exceeding twelve (12) nets each;

ii. After three (3) years, the amount of Tribal effort

allowed in the waters described in sub. i., above, shall be subject to regulation by CORA in accordance with the Tribal Plan and this Decree, based on data collected during previous years.

(b) Chub Operations:

i. Tribal commercial fishing for chubs with small mesh gill nets is allowed in this zone.

ii. For the first three (3) years in which a Tribal small

mesh gill net operation fishes in this zone or in that portion of the Lake Michigan Southern Development Zone (see section IV.A.1.g.) which is within whitefish management unit WFM-07, such waters shall be open to up to two (2) small mesh gill net operations, not exceeding 24,000 feet of net each.

iii. After three (3) years, the amount of Tribal effort

allowed in the waters described in sub. ii., above, shall be subject to regulations by CORA in accordance with the Tribal Plan and this Decree based on data collected during previous years.

(c) Commercial fishing with large mesh gill nets is prohibited

in this zone.

g. Lake Michigan Southern Development Zone. (Map 7.)

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(1) Description: All 1836 Treaty waters south of the northern boundary of the 1500 tier of grids.



(a) Trap Net Operations:

i. For the first three (3) years in which a Tribal trap net operation fishes in the portion of the zone that is within whitefish management unit WFM-08, such waters shall be open to one (1) Tribal trap net operation, not to exceed twelve (12) nets;

ii. After three (3) years, the amount of Tribal effort

allowed in the waters described in sub. i., above, shall be subject to regulation by CORA in accordance with the Tribal Plan and this Decree, including harvest limits established by the TFC under section VIII.A.1., based on data collected during previous years.

(b) Chub Operations:

i. Tribal commercial fishing for chubs with small mesh gill nets is allowed in this zone.

ii. For the first three (3) years in which a Tribal small

mesh gill net operation fishes in the portion of the zone that is within whitefish management unit WFM-08, such waters shall be open to one (1) small mesh gill net operation, not exceeding 24,000 feet of net.

iii. After three (3) years, the amount of Tribal effort

allowed in the waters described in sub. ii., above, shall be subject to regulation by CORA in accordance with the Tribal Plan and this Decree based on data collected during previous years.

(c) Commercial fishing with large mesh gill nets is prohibited

in this zone.

2. Lake Huron. (Map 8.)

a. Northern Lake Huron Inter-Tribal Fishing Zone. (Map 8.)

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(1) Description: Grids 202, 207 through 209, 301 through 309, 401 through 410, 504, and those portions of grids 505 and 506 which lie north of a line from Hammond Bay Harbor buoy to the northeast corner of grid 506, except for those portions of grids 303 and 304 closed to all commercial fishing as described in sub. C.5., below.


Plan, and the Tribal Code, the following regulations shall apply in this zone:

(a) Except as provided in sub. c., below, this zone shall be open

to fishers from all Tribes. (b) The area described in sub. C.6., below, shall be closed to

commercial fishing beginning the Friday before Memorial Day through Labor Day.

(c) The following restrictions apply to large mesh gill net

operations in that portion of Lake Huron grids 505 and 506 that lies north of the line described in sub. (1), above: (Map 8.a.)

i. Effort shall be restricted to a maximum of 8,500 feet

of net per vessel; and ii. Fishing shall be limited to depths of seventy-five (75)

feet or deeper from the Friday before Memorial Day through Labor Day.

b. Bay Mills Small Boat Zone. (Map 8.a.)

(1) Description: Those portions of grids 505 and 506 which lie south of a line from Hammond Bay Harbor buoy to the northeast corner of grid 506.



(a) Commercial fishing shall be restricted to October 1 through

December 31, and subject to a spawning closure as described in section VI.D.

(b) Effort shall be limited to no more than ten (10) small boats

(twenty-six [26] feet or less) fishing a maximum of 6,000

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feet of large mesh gill net per boat. This limitation includes any boat used for assessment purposes as described in sub. (f), below.

(c) Except as provided in sub. (f), below, nets must be set in

water seventy-five (75) feet deep or less. (d) All live lake trout shall be released. (e) Sault Tribe fishers shall not fish in this zone. (f) Commencing with the entry of this Decree, Bay Mills may

conduct an assessment fishery to evaluate the impact of large mesh gill net effort on lake trout in depths greater than seventy-five (75) feet during the period October 1 through December 31. The design of the assessment shall be determined by the TFC and shall be based upon the Northern Lake Huron Assessment previously conducted by the parties, except that no triggers for whitefish shall apply and the assessment shall be limited to one (1) vessel fishing a maximum of 6,000 feet of large mesh gill net. Based upon the results of this assessment, the TFC may approve fishing in this zone at depths greater than seventy-five (75) feet during the period October 1 through December 31.

(g) Commencing in 2006 the TFC shall determine a lake trout

harvest limit specifically for this small boat zone, as a component of the overall harvest limit for whitefish management unit MH-1. In addition to the restrictions above, this small boat zone shall thereafter be subject to the lake trout harvest limit and commercial effort limit provisions described in section VII.

c. Sault Tribe Tribal Zone. (Map 16.)

(1) Description: Those portions of Lake Huron within one (1) mile from shore and delineated by the following landmarks:

(a) St. Martin’s Bay zone - from Rabbit Back Point north and

east to Brulee Point. (b) Cordwood Point zone - from Cordwood Point south to a

point one-half (0.5) mile north of the Hammond Bay harbor light.

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(2) Regulations: Subject to the provisions of this Decree, the Tribal Plan, and Tribal Code, the following regulations apply in this zone:

(a) The waters described in sub. (1), above, shall be the Sault

Tribe Tribal zone only during the salmon seasons set forth in section VIII.B.3.b. At all other times, these waters shall be part of the Northern Lake Huron Inter-Tribal Fishing Zone. See sub. a., above.

(b) Other restrictions are set forth in section VIII.B.3. (c) Bay Mills fishers shall not fish in the portion of this zone

described in sub. (1)(b), above.

(3) The Sault Tribe shall issue permits to Bay Mills fishers to fish for salmon in the St. Martin’s Bay zone described in sub. (1)(a), above, as follows:

(a) a minimum of five (5) permits per year in the years 2001

through 2005; (b) a minimum of two (2) permits per year in the years 2006

through 2008; and (c) thereafter, if the State elects to stock more than 250,000

chinook salmon in St. Martin’s Bay in any year, the minimum number of permits per year shall be as shown below:

Chinook Stocked Minimum Permits

250,000 or less 0 250,001 to 288,500 1 288,501 to 326,000 2 326,001 to 363,500 3 363,501 to 399,999 4

400,000 or more 5

The minimum number of permits shown above shall apply in the year that is three years after the year in which the corresponding stocking level is stocked. For example, if 350,000 chinook were planted in 2006, Bay Mills would receive a minimum of three (3) permits in 2009.

d. Southern Lake Huron Trap Net Zone. (Map 8.b.)

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(1) Description: For purposes of this Decree only, the parties reserving the issue of the eastern boundary of the 1836 Treaty waters in Lake Huron, Grids 507 through 512, 606 through 611, 709, and those portions of grids 612, 613, 710, 711, and 810 which are north of a line from the mouth of the Thunder Bay River in a straight line northeast through the northeast corner of grid 711 to the international border, as shown on a map included in Appendix C.



(a) Except as provided in sub. (e), below, Tribal commercial

fishing by any method other than trap nets shall be prohibited.

(b) Trap net fishing in this zone shall be open only to Bay Mills

and Sault Tribe trap net fishers. (c) A total of four (4) trap net operations shall initially be

authorized for this zone. Additional operations may be authorized in the future by CORA based on data collected in previous years.

(d) Each trap net operation will be limited to twelve (12) trap

nets within the zone. (e) Fishing for chubs with small mesh gill nets or small mesh

trap nets shall be permitted by fishers of any Tribe under rules to be developed by CORA.

(3) Bay Mills and Sault Tribe may authorize the Tribal fishers

permitted to fish in this zone to obtain permits from the State to fish with trap nets in those waters within the State of Michigan south of the southern boundary of this zone and north of a line from the tip of North Point on Thunder Bay in a straight line northeast parallel to the southern boundary of this zone to the international border, as shown on a map included in Appendix C. The State shall issue a permit for trap net fishing for whitefish in the area described above to any such fisher; provided, that the aggregate net effort allowed by all such permits shall not exceed sixteen (16) nets. The permits shall incorporate regulations from the Tribal Code applicable to these fishers in this zone, and may contain such other conditions as the State may impose. South of

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the line described in sub. (1), above, the State shall have jurisdiction to enforce the permit conditions under State law.

3. Lake Superior. (Maps 9., 9.a., and 9.b.)

a. Lake Superior Inter-Tribal Fishing Zone. (Maps 9., 9.a., and 9.b.)

(1) Description: All water east of the western edge of grids 934, 1034, 1134, 1234, 1334, 1434, 1534, and 1634.

(2) Regulations: This zone shall be open to fishers from all Tribes

subject to the provisions of this Decree, the Tribal Plan, and the Tribal Code.

b. Western Lake Superior Trap Net Zone. (Maps 9., 9.a.)

(1) Description: All 1836 Treaty waters west of the western edge of grids 934, 1034, 1134, 1234, 1334, 1434, 1534, and 1634.

(2) Regulations: Tribal commercial fishing by any method other

than trap nets shall be prohibited.

B. State Commercial Fishing Zones. (Maps 10. and 11.)

1. State-licensed or permitted commercial fishing shall be prohibited in all 1836 Treaty waters except the following:

a. Those waters of Lake Superior west of the grids 1037, 1137, 1237,

1337, and 1437 and within a fifty (50) mile radius of Marquette or Munising, depending upon which is the state fisher’s home port. (Map 10.)

b. Those waters within a fifty (50) mile radius of Muskegon that are also

within whitefish management unit WFM-08; provided, that state licensed or permitted fishing in such waters shall be restricted to the current or future holders of the existing State licenses for fishing out of Muskegon. (Map 11.)

c. Those waters within a fifty (50) mile radius of Ludington that are also

within whitefish management unit WFM-07; provided, that State licensed or permitted fishing in such waters shall be restricted to chub fishing only and to the current or future holders of the existing State license for fishing out of Ludington. (Map 11.)

d. Those waters within a fifty (50) mile radius of Leland that are also

within whitefish management unit WFM-06. (Map 11.)

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e. Those waters within a fifty (50) mile radius of Cedar River that are

also within whitefish management unit WFM-01. (Map 11.)

2. In addition to the foregoing, the State shall prohibit State-licensed or permitted commercial fishing outside 1836 Treaty waters but within whitefish management unit WFH-05. (Map 5.)

C. Closed Commercial Fishing Zones. All commercial fishing is prohibited in the

following areas:

1. The St. Marys River, east of a line extending from Point Aux Pins, Ontario, to Brush Point, Michigan, downstream to the Detour - Drummond Island ferry docks, including all of Potagannissing Bay from Hay Point (Drummond Island) west to Cherry Island and north to the international boundary. (Map 12.)

2. Lake Michigan grid 519 in Little Traverse Bay. (Map 7.b.) 3. Lake Michigan grids 915 and 916 in Grand Traverse Bay. (Map 7.c.) 4. Those portions of Lake Michigan grid 306 that lie within 1836 Treaty waters

and north of a line from the mouth of the Ford River to Peninsula Point. (Map 7.a.)

5. Those portions of Lake Huron grids 303 and 304 described as follows: The

Les Cheneaux channels, or entrances thereto, or waters adjacent thereto within a line drawn as follows: beginning at the southernmost point of land on the westerly side of McKay Bay; then southerly in a straight line to the northernmost point of Boot Island; then along the eastern shore of Boot Island to its southernmost point; then along the south shoreline of Boot Island to its westernmost point; then westerly in a straight line to the southernmost point of Government Island; then along the shoreline of Government Island to the point at which the distance between said island and LaSalle Island is the least, then westerly in a straight line to LaSalle Island; then along the eastern and southern shoreline of LaSalle Island to the point at which the distance between said island and Little LaSalle Island is the least; then westerly in a straight line to Little LaSalle Island; then westerly along the southern shoreline of Little LaSalle Island to its westernmost point; then westerly in a straight line to the eastern shore of Marquette Island; then along the southwestern shore of Marquette Island to Coats Point; then northwesterly to the southernmost part of Brulee Point, except that trap net fishing targeting whitefish shall be permitted in that portion of Lake Huron grid 303 within the area encompassed by a line from Coats Point on Marquette Island along the western shore of said island to Cube Point; then due west to the shore of Brulee Point; then southeasterly

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along said shore to the southern tip of Brulee Point; then southeasterly to Coats Point on Marquette Island, as shown on a map included in Appendix C. (Map 13.)

6. For the period from the Friday before Memorial Day through Labor Day

only, those portions of Lake Huron grids 304 and 305 north of a line beginning at the southerly point of land on the easterly side of Dudley Bay (Cadogan Point); then running southwesterly in a straight line to the southeasterly end of Beaver Tail Point; then running westerly in a straight line to the southeasterly end of Whitefish Point in Mackinac County, as shown on a map included in Appendix C. (Map 13.)

7. Any area within one hundred (100) yards of any break wall or pier;

provided, that this prohibition shall not apply to salmon fishing authorized by section VIII.B.

8. Any area within a three-tenths (0.3) mile radius of the mouth of the

following streams; provided, that this prohibition shall not apply to salmon fishing authorized by section VIII.B.; and provided further, that the TFC may review and approve changes to the list of streams in this subsection 8., and may also provide for seasonal closures:

a. Lake Superior.

(1) Marquette County: Chocolay River and Sand River; (2) Alger County: Laughing Whitefish River, Autrain River, Anna

River, Mosquito River, Seven Mile Creek, and Hurricane River; (3) Luce County: Blind Sucker River, Big Two Hearted River, and

Little Two Hearted River; and (4) Chippewa County: Tahquamenon River and Pendills Creek.

b. Lake Huron.

(1) Mackinac County: Nunns Creek, Pine River, and Carp River; (2) Cheboygan County: Cheboygan River; (3) Presque Isle County: Ocqueoc River, Swan River, and Grand

Lake Outlet; (4) Alpena County: Thunder Bay River.

c. Lake Michigan.

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(1) Delta County: Escanaba River, Days River, Tacoosh River,

Rapid River, Whitefish River, Ogontz River, Sturgeon River, Big Fishdam River, and Little Fishdam River;

(2) Schoolcraft County: Thompson Creek, Manistique River, and

Milakokia River; (3) Mackinac County: Crow River, Millecoquins River, Black

River, Paquin Creek, Cut River, and Brevoort River; (4) Emmet County: Carp Lake River and Bear River; (5) Charlevoix County: Pine River; (6) Antrim County: Elk River; (7) Grand Traverse County: Boardman River; (8) Leelanau County: Leland River; (9) Benzie County: Platte River and Betsie River; (10) Manistee County: Arcadia Lake Outlet, Portage Lake Outlet, and

Manistee River; (11) Mason County: Pere Marquette River; (12) Oceana County: Pentwater Lake Outlet, Silver Creek, and

Stoney Creek; (13) Muskegon County: White River and Muskegon River; and (14) Ottawa County: Grand River.

9. The following provisions for harbor closures shall apply:

a. The area within one-half (0.5) mile of the break walls at the Hammond Bay Harbor of Refuge; provided, that in that portion of this closure that lies within the Bay Mills Small Boat Zone described in sub. A.2.b.(1), above, the closure shall be reduced to three-tenths (0.3) mile during any period in which fishing in that zone is restricted to depths of seventy-five (75) feet or less. (Map 8.a.)

b. The area within two (2) miles of the break walls at Rogers City.

(Map 8.)

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c. The TFC shall review and recommend on a case by case basis closures

for navigation or safety purposes within a radius not to exceed two (2) miles from the following harbors: Bay Harbor, Charlevoix, Arcadia, Onekema, Manistee, Presque Isle, and Rockport.

V. RECREATIONAL FISHING.

A. Recreational fishing by State-licensed fishers is permitted throughout the entire 1836 Treaty waters subject to State regulation.

B. Tribal members may engage in recreational fishing in the 1836 Treaty waters

under Tribal Code provisions or Tribal rules which incorporate or are substantially similar to the State recreational fishing rules. Tribal members engaged in recreational fishing must have a Tribal membership identification card in their possession, but no further license shall be required.

C. Creel survey.

1. The State shall estimate the recreational fishing harvest in 1836 Treaty waters from charter boat catch reports, a creel survey, and other appropriate data.

2. The creel survey methodology shall be adequate to measure the recreational

harvest in each unit in which a harvest limit calculation is required, or where an allocation of harvest opportunity is made, in this Decree. The State’s creel survey methodology shall be subject to periodic review by the TFC in accordance with the provisions of section XIII.C.8.

VI. REGULATION OF THE FISHERY.

A. Tribal Regulation.

1. The Tribal fishery in the 1836 Treaty waters shall be managed and regulated as provided in this Decree, the Tribal Plan and the Tribal Code. Neither the Tribal Plan nor the Tribal Code shall be extended, modified, or replaced without notice and consultation as required in this Decree.

2. Each of the Tribes shall adopt the CORA Charter and the Tribal Plan, and

CORA shall adopt the Tribal Code, as a part of the Tribes’ management and regulation of fishing by their members in the 1836 Treaty waters. Each of the Tribes shall manage its fishery and regulate its members in compliance with this Decree, the Tribal Plan, the Tribal Code, and decisions and orders of GLRC and the BSD Director made in accordance with the Tribal Plan.

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3. Each of the Tribes shall promulgate regulations necessary to implement

those portions of the Tribal Plan and this Decree which apply to that particular Tribe only, or which affect it in ways that are not reflected in the Tribal Code.

4. Each of the Tribes may promulgate additional and different regulations

governing its members which are more restrictive than the provisions of the Tribal Code, provided that the regulations comply with the Tribal Plan and this Decree and do not involve matters that require uniformity among the Tribes.

5. The Tribal Code shall include the following license regulations:

"License and Registration Definitions and Restrictions: "(a) A commercial fishing captain license entitles the holder to operate a

fishing boat and to participate fully in all commercial fishing activities, including the capture and sale of all species pursuant to these Regulations. It further entitles the holder to employ helpers in such activities. Fees for such licenses may be set by individual Tribes. The license shall be valid during the calendar year for which it is issued.

"(b) A commercial fishing helper license entitles the holder to assist the

holder of a commercial fishing captain license in commercial fishing activities. Fees for such licenses may be set by individual Tribes. The license shall be valid during the calendar year for which it is issued.

"(c) A subsistence fishing license entitles the holder to engage in fishing

activities for subsistence purposes. Fees for such licenses may be set by individual Tribes. The license shall be valid during the calendar year for which it is issued.

"(d) A commercial fishing vessel registration is necessary in order for any

vessel to be utilized for commercial fishing. Anyone with a valid commercial fishing captain license may operate a properly registered commercial fishing vessel. Fees for such licenses may be set by individual Tribes.

"(e) A member of a Tribe who engages in recreational fishing shall not be

required to have in his or her possession a fishing license but must have tribal identification in his or her possession at all times.

"(f) No holder of a commercial fishing captain license, commercial fishing

helper license, or commercial fishing vessel registration shall fish as an employee of or for shares with a person not licensed to exercise treaty

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fishing rights. This prohibition shall be liberally interpreted to prohibit a licensee from exercising treaty fishing rights for the benefit of non-Indians.

"License Regulations: "(a) No member of a Tribe sixteen (16) years of age or older may engage in

fishing activity within the Treaty ceded waters without having in his or her possession at all times a commercial fishing captain license countersigned under 25 C.F.R. Part 249, a commercial fishing helper license countersigned under 25 C.F.R. Part 249, or a subsistence license issued in accordance with these regulations, or, if engaged in recreational fishing, a tribal identification.

"(b) No member of a Tribe may allow a person who does not possess a

valid fishing license as required by subsection (a) of this section to aid or assist him or her while engaged in any fishing activity authorized by this Code; provided, however, that a validly licensed member of a Tribe may employ the consulting technical expertise of a non-member by obtaining a permit therefor from GLRC, which permit may not extend for more than one calendar year and may not be renewed for more than one additional year. Such permit shall list the name and address of the consultant, the type of fishing operation to which consultation will be provided, and the name and size of the vessel on which consultation will be provided. No such permit may be issued under any of the following circumstances:

"(1) The consultant has an ownership interest in the vessel which the

member seeks to utilize; or "(2) The consultant has an ownership interest in the fishing gear

which the member seeks to utilize; or "(3) The consultant’s payment for services from the member is based

on a percentage of the member’s proceeds from fishing activity.

"(c) The license, permit or identification required by subsections (a) and (b) of this section shall be shown to any Enforcement Officer who makes a request therefor.

"(d) Each boat which is used by a member of the Tribes for fishing activity

shall have affixed to it in a clearly visible manner the number of the commercial fishing vessel registration issued by a Tribe. Each snowmobile or off road vehicle which is used by a member of a Tribe for fishing activity shall have affixed to it in a clearly visible manner a

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valid Tribal or State of Michigan snowmobile or off road vehicle registration.

"(e) Each boat which is used by a member of a Tribe for commercial

fishing activity must have on board at all times at least one person with a valid commercial fishing captain license."

B. State Regulation. The State shall manage and regulate the State commercial and

recreational fisheries in the 1836 Treaty waters as provided in this Decree. The State shall not change the management or regulation of its fishery without notice and consultation as required in this Decree.

C. Gear Restrictions.

1. Except as otherwise approved by the TFC, the following are the only types of gear which shall be permitted for commercial fishing activity:

a. Large mesh gill nets; b. Small mesh gill nets; c. Impoundment nets; d. Seines; and e. Hooks.

2. Trap nets shall have a four and one-half (4.5) inch (stretch) minimum pot mesh size, except:

a. Trap nets of four and one-quarter (4.25) inches pot mesh size or

greater may be used if they were used within 1836 Treaty waters prior to May 31, 2000.

b. Small mesh trap nets having a two and one-half (2.5) to three (3.0)

inch (stretch) pot mesh size may be used for fishing for yellow perch, chubs, or other appropriate species as authorized by CORA.

3. Commencing in 2002, nets shall be marked as follows:

a. All gill nets set in depths greater than fifteen (15) feet shall have a staff buoy at each end with at least four (4) feet exposed above the surface of the water with a red or orange flag no less than twelve (12) inches by twelve (12) inches bearing the license number of the fisher and affixed to the top of the staff.

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b. Any gill net or portion of a gill net set in water less than fifteen (15) feet deep shall have: a red or orange float not less than one (1) gallon in size, or a red or orange PVC float that is at least six (6) inches by fourteen (14) inches in size, on each end that is in water less than fifteen (15) feet deep. The floats at the ends of the net shall bear the license number of the fisher. In addition, each such net shall also have either:

(1) An additional float of the size described above spaced every three

hundred (300) feet or less along the length of the net that is in water less than fifteen (15) feet; or

(2) Standard commercially available fluorescent orange floats at

least one and one-half (1.5) inches by four (4) inches in size along the corkline not less than every twelve (12) feet in water less than fifteen (15) feet.

c. All trap nets must be marked with a staff buoy on the pot with at least

four (4) feet exposed above the surface of the water with a red or orange flag no less than twelve (12) inches by twelve (12) inches bearing the license number of the fisher and affixed to the top of the staff. In addition, the king anchor and inside end of the lead shall be marked with a red or orange float not less than one (1) gallon in size.

4. The TFC shall conduct a review study to determine whether a ninety (90)

foot depth restriction for trap nets is appropriate and make recommendations to the parties concerning depth restriction regulations.

5. No Tribal commercial fisher shall use large mesh gill nets with mesh greater

than five and one-half (5.5) inches stretch measurement at any time in any 1836 Treaty waters except as follows:

a. When fishing for salmon under section VIII.B.; b. When fishing in Lake Superior Lake Trout Management Unit MI-8

using large mesh gill nets that were used in that area prior to May 31, 2000; or

c. As authorized by the TFC for species other than whitefish or lake

trout.

6. Tribal commercial fishing gear shall not be set in a manner which completely blocks or entirely prevents the free passage of fish into and out of streams that flow into 1836 Treaty waters.

D. Spawning Closures.

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1. Except as otherwise determined by the TFC, all commercial fishing with

impoundment nets and large mesh gill nets shall be prohibited from November 6 through November 29 to protect spawning lake trout and whitefish. Trap nets may remain in the water during this period, but trap net tunnels must be tied closed.

2. Commercial fishing with small mesh gill nets in six (6) fathoms of water or

less shall be prohibited from October 15 through November 15. 3. The TFC shall examine lake trout spawning grounds and seasons and shall

determine additional closures as appropriate. 4. The TFC shall examine current spawning closures for walleye and yellow

perch and make recommendations to the parties for changes if appropriate. VII. LAKE TROUT MANAGEMENT.

A. Lake Trout Harvest.

1. Lake trout harvest shall be regulated by the parties in accordance with lake trout harvest and effort limits developed as provided in this section. Lake trout harvest limits shall apply to the total harvest of those lake trout strains used in calculating the harvest limits by commercial, Tribal subsistence, recreational, and commercial assessment fishers as provided in section XVI.B.2. The TFC shall devise a method for adjusting the total harvest of lake trout to reflect the harvest of those lake trout strains used to calculate the harvest limits.

2. Unless the parties agree otherwise, a lake trout harvest limit shall be set

annually on or before April 30 for the following lake trout management units, as shown on maps included in Appendix C:

a. Lake Huron statistical district MH-1. (Map 2.) b. Lake Huron statistical district MH-2. (Map 2.) c. Lake Michigan statistical districts MM-1, MM-2, and MM-3

(combined). (Map 1.) d. Lake Michigan statistical district MM-4. (Map 1.) e. Lake Michigan statistical district MM-5. (Map 1.)

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f. Lake Michigan statistical districts MM-6 and MM-7 (combined). (Map 1.)

g. Lake Superior Lake Trout Management Unit MI-5. (Map 3.) h. Lake Superior Lake Trout Management Unit MI-6. (Map 3.) i. Lake Superior Lake Trout Management Unit MI-7. (Map 3.)

3. Unless the parties agree otherwise, lake trout harvest limits shall be based on the following target annual lake trout mortality rates:

a. Forty percent (40%) total annual mortality in MH-2; MM-1, MM-2,

and MM-3 (combined); and MM-6 and MM-7 (combined). b. Forty-five percent (45%) total annual mortality in MH-1, MM-4, MM-

5, MI-5, MI-6, and MI-7.

4. Lake trout shall be allocated approximately equally between the State and the Tribes, though the precise allocation varies from one area to another. When fully phased in under the provisions of this section, the allocation of lake trout harvest limits shall be as follows:

Management Unit Tribal Share State Share

MH-1 88% 12% MH-2 5% 95%

MM-1/MM-2/MM-3 90% 10% MM-4 55% 45% MM-5 40% 60%

MM-6/MM-7 10% 90% MI-5 5% 95% MI-6 50% 50% MI-7 70% 30%

5. The harvest and effort limits shall be calculated by a Modeling

Subcommittee of the TFC each year based upon data collected from the fisheries and appropriate statistical and mathematical modeling techniques. Methods used to calculate these limits, including combinations of management units, shall be periodically reviewed and revised by the Modeling Subcommittee. All changes in methods shall be subject to review and approval by the TFC. All parties shall submit their end-of-year data to the Modeling Subcommittee by March 1 for each gear type showing total catch and effort by management unit, catch by age, and such other data as the TFC may request. The TFC shall submit preliminary harvest and effort limits to the parties on or before March 31, and shall provide final harvest and effort limits by April 30.

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6. After allocation in sub. 4., above, is fully phased in for a management unit,

changes in harvest limits from year to year shall not result in adjustments greater than a fifteen percent (15%) increase or decrease from the previous year in that unit, unless all parties agree that a greater change is appropriate.

7. Lake trout total annual mortality is currently higher than the target levels

defined in sub. 3., above, in some management units and lower than target levels in others. Subject to the provisions of sub. f., below, a variety of methods for calculating annual harvest and effort limits in different areas and time periods shall be used.

a. Subject to the provisions of sub. b., below, annual harvest limits based

on target annual mortality and target allocations as set forth in subs. 3. and 4., above, respectively, shall apply in the following units in the following years:

(1) MM-1, MM-2, and MM-3 (combined); MM-5; MM-6 and MM-7

(combined); MH-2; MI-5; and MI-7 for the period 2001 through 2020. (Maps 1., 2., and 3.)

(2) MI-6 for the period 2006 through 2020. (Map 3.) (3) MH-1 for the period 2012 through 2020. (Map 2.) (4) MM-4 for the period 2010 through 2020. (Map 1.)

b. The following phase-in to target levels based on reduction in harvest shall apply to Tribal harvest limits in MM-1, MM-2, and MM-3 (combined) for the period 2001 through 2005 in any year in which this phase-in method results in a higher commercial harvest limit than the method in sub. a., above; provided, that the Tribal harvest limit in MM-1, MM-2, and MM-3 (combined) shall not be less than 450,000 pounds round weight in any year during this period: (Map 1.)

(1) For the year 2001, the Tribes’ lake trout harvest limit shall be

their 1997 through 1999 average harvest, less the reduction in lake trout harvest projected from gill net conversions under section X.C.

(2) For the years 2002 through 2005, the Tribes’ lake trout harvest

limit shall be their prior year’s harvest limit, less the reduction in lake trout harvest projected from gill net conversions under section X.C. occurring since the calculation of the previous harvest limit.

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c. Phase-in to target levels based on reduction in effort or change in regulations shall apply in years 2001 through 2005 in units MM-4, MH-1 (excluding the Bay Mills Small Boat Zone), and MI-6 as described below: (Maps 1., 2., and 3.)

(1) Commercial gill net effort limits for each year shall be

determined in each of these units as the 1997 through 1999 average commercial gill net effort less the cumulative gill net effort removed by conversion under section X.C. Commercial harvest limits for each year shall be derived annually based on that year’s commercial gill net effort limit, provided that such limits shall not be used to manage the fishery unless average catch per effort in commercial gill nets increases by twenty percent (20%) above the 1997 through 1999 average.

(2) Recreational harvest limits for each year shall be derived based

on the previous three-years’ average recreational effort adjusted for any changes in fishing regulations.

d. Phase-in to target levels based on an interim total annual mortality rate

of forty-seven percent (47%) and the percent allocations by year in the table below shall apply in unit MH-1 (including the Bay Mills Small Boat Zone) for the period 2006-2011: (Maps 2., 8., and 8.a.)

Year Tribal Share State Share 2006 92% 8% 2007 92% 8% 2008 91% 9% 2009 91% 9% 2010 90% 10% 2011 90% 10%

e. Phase-in to target levels in unit MM-4 shall be based on a Tribal share

of sixty percent (60%) and a State share of forty percent (40%) during the period 2006 through 2009. (Map 1.)

f. Unless all parties agree otherwise, lake trout harvest and effort limits

shall not be set to achieve total annual lake trout mortality rates lower than the target rates described in sub. 3., above.

8. Grand Traverse may pursue stocking of additional lake trout in units MM-4

and MM-5 as provided in section IX.B., and in that event, the State and Grand Traverse shall negotiate an allocation of the harvest resulting from that stocking. (Map 1.)

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B. Management of Lake Trout Harvest. The State and the Tribes shall manage their respective fisheries in good faith to avoid exceeding their respective lake trout harvest limits as provided in sub. A., above, and reasonable commercial effort limits developed by the TFC based upon the lake trout harvest limits and catch per effort data. These requirements shall be enforced on a management unit by management unit basis. Lake trout harvest limits shall be applied as follows:

1. Lake trout harvest limits shall be calculated annually for each lake trout

management unit as provided in sub. A., above. The total harvest limit shall then be apportioned according to the lake trout allocation for the Tribes and the State in each management unit as described in sub. A., above.

2. Lake trout harvest shall be measured every year in each management unit by

appropriate, scientifically-based methods. As part of the process of calculating annual harvest limits for the upcoming year, the TFC shall compute the percent deviation between the previous year's harvest limit and the estimated harvest for each management unit. For example, if the State lake trout harvest limit was 20,000 pounds round weight and the estimated State harvest was 25,000 pounds round weight, there was a positive twenty-five percent (+25%) deviation. If the estimated State harvest was 15,000 pounds round weight, there was a negative twenty-five percent (-25%) deviation.

3. In addition, a three (3)-year running sum of deviations shall be computed for

both the State and the Tribes. For example, if the State's deviations in the last three (3) years were positive five percent (+5%), negative ten percent (-10%), and positive twelve percent (+12%), its three (3)-year running sum would be positive seven percent (+7%).

4. If, in any one (1) year, either the State's or the Tribes' deviation exceeds

positive fifteen percent (+15%), then:

a. The exceeding party’s (either the State or the Tribes collectively) harvest limit in the following year shall be reduced by the amount in pounds round weight by which its harvest exceeded its harvest limit for the one (1) year in question;

b. The other party’s harvest limit in the following year shall be increased

by the same amount whether or not the other party was also an exceeding party; and

c. The exceeding party shall take management action so that its harvest in

the following year does not exceed its harvest limit for that year as adjusted under this subsection 4.

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5. If in any three (3) consecutive years either the State’s or the Tribes’ running sum of deviations exceeds positive fifteen percent (+15%), then:

a. The exceeding party’s (either the State or the Tribes collectively)

harvest limit in the following year shall be reduced by the amount in pounds round weight by which its harvest exceeded its harvest limit for the three (3) years in question;

b. The other party’s harvest limit in the following year shall be increased

by the same amount whether or not the other party was also an exceeding party; and

c. The exceeding party shall take management action so that its harvest in

the following year does not exceed its harvest limit for that year as adjusted under this subsection 5.

6. If in any year an adjustment in harvest limits is required under both sub. 4.

and sub. 5., above, the amount of the adjustment shall be the larger of the amounts calculated under those subsections.

7. In the event that the State or the Tribes are required to take management

action under sub. 4. or sub. 5., above, the State, CORA, or both, as appropriate, shall present a good faith proposal for such action to the TFC. In the event that the members of the TFC do not agree that the proposal is adequate to prevent the proposing party’s harvest from exceeding its harvest limit for the coming year, any party may invoke the dispute resolution process in section XIX.

8. It is the intent of this subsection B. that:

a. large deviations shall be rare and promptly addressed; b. the fishery shall not be overly regulated in response to minor

deviations caused by random fluctuations and imprecision in assessment methods; and

c. on average neither the State nor the Tribes shall exceed their

apportioned harvest opportunities.

C. Lake Trout Refuges.

1. The following areas shall be lake trout refuges:

a. In Lake Huron, grids 307 through 309, the north half (N½) of grid 407, and grids 408 through 410. (Map 2.)

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b. In Lake Michigan, two (2) locations: (Map 1.)

(1) Grids 413, 414, 513, 514, 515, 516, and 613; the south half (S½) of grids 313, 314, and 415; the north half (N½) of grid 614; and the northwest quarter (NW¼) of grid 517.

(2) Grids 1606, 1607, 1706, 1707, 1806, 1807, 1906, and 1907.

2. No commercial or subsistence fishing with gill nets shall be permitted in any refuge. Commercial fishing with trap nets is permitted, but retention of lake trout shall be prohibited. Retention of lake trout caught by commercial, subsistence, or recreational fishers in any lake trout refuge shall be prohibited.

D. MI-8. In Lake Superior Lake Trout Management Unit MI-8, the lake trout

harvest limit, if any, shall be determined by CORA. (Maps 3. and 9.b.) E. Retention of Lake Trout by Tribal Fishers.

1. In trap net zones, as described in sections IV.A.1.b., IV.A.2.d., and IV.A.3.b., all Tribal trap net fishers shall be prohibited from retaining lake trout. All lake trout caught by such fishers shall be returned to the water whether dead or alive.

2. All Tribal trap net fishers who have converted their operations to trap net

operations at the expense of the State of Michigan, either as part of the gill net conversion program described in section X.C. or through any supplemental conversion program instituted while this Decree is in effect, shall be prohibited from retaining lake trout. All lake trout caught by such fishers shall be returned to the water whether dead or alive.

3. A lake trout bag limit not to exceed one hundred (100) pounds round weight

per vessel per day shall apply to all other Tribal trap net fishers. No undersized lake trout shall be retained.

4. All live, undersized lake trout caught by Tribal gill net fishers shall be

released. No more than fifteen (15) pounds round weight per vessel per day of undersized lake trout may be retained by Tribal gill net fishers.

VIII. MANAGEMENT OF OTHER SPECIES.

A. Whitefish.

1. Shared Whitefish Harvest.

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a. Beginning in 2001, in the whitefish management units in which the State and the Tribes share commercial whitefish fisheries, which are listed in sub. b., below, whitefish harvest shall be regulated by the parties in accordance with whitefish harvest limits developed as provided in this subsection 1. Whitefish harvest limits shall apply to the total harvest by commercial, Tribal subsistence, recreational, and commercial assessment fishers as provided in section XVI.B.

b. A whitefish harvest limit shall be set annually in the following

whitefish management units, as shown on the maps included in Appendix C:

(1) Lake Michigan unit WFM-01; (Map 4.) (2) Lake Michigan unit WFM-06; (Map 4.) (3) Lake Michigan unit WFM-08; (Map 4.) (4) Lake Superior unit WFS-04; and (Map 6.) (5) Lake Superior unit WFS-05. (Map 6.)

c. Except as otherwise determined by the TFC, whitefish harvest limits shall be based on allowing a maximum of sixty-five percent (65%) total annual whitefish mortality within the various units.

d. Whitefish harvest limits shall be determined on an annual basis, but

with a lag period of one (1) year, for the upcoming year by the Modeling Subcommittee (i.e., in any given year the harvest limit for the upcoming year shall be based on the data collected during the year prior to the year in which the calculation is made). The whitefish harvest limits shall be calculated by the Modeling Subcommittee based upon data collected from the fisheries and appropriate statistical and mathematical modeling techniques. Methods used to calculate limits, including target annual mortality rates, shall be periodically reviewed and revised by the Modeling Subcommittee. All changes shall be subject to review and approval by the TFC. All parties agree to submit catch data to the Modeling Subcommittee by October 1. The TFC shall submit a preliminary calculation of the new harvest limit to the parties for the upcoming year by November 1 and a final calculation by December 1 of each year. For example, the whitefish harvest limit for 2002 will be based on whitefish data accumulated through 2000. The 2000 data shall be due on October 1, 2001.

e. WFM-08 Size Limit. After the first three (3) years of Tribal trap net

fishing pursuant to section IV.A.1.g.(2)(a)i., the TFC shall consider

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whether a nineteen (19) inch minimum length limit is appropriate for Tribal commercial fishers in WFM-08. In the absence of consensus on the TFC to impose such a limit, any party may invoke the dispute resolution process, but the Tribes shall not be required to adopt such a limit unless it is necessary for conservation, as that term is used in Indian treaty rights law. (Map 4.)

f. Apportionment of Harvest. The commercial harvest in each of the

areas described in sub. b., above, shall be apportioned between the State and the Tribal fishers as follows:

(1) WFM-01: The State shall be entitled to harvest ten percent

(10%) of the whitefish harvest limit or 200,000 pounds round weight, whichever is less, and the Tribes shall be entitled to harvest the remainder of the whitefish harvest limit; provided, that in any year in which no State licensee participates in the fishery the Tribes shall be entitled to the entire whitefish harvest limit. (Map 4.)

(2) WFM-06: The State shall be entitled to harvest thirty percent


(3) WFM-08: The State shall be entitled to harvest forty-five percent

(45%) of the whitefish harvest limit or 500,000 pounds round weight, whichever is less, and the Tribes shall be entitled to harvest the remainder of the whitefish harvest limit; provided, that in any year in which only one (1) State licensee participates in the fishery the State’s share shall be twenty-two and one-half percent (22.5%) of the whitefish harvest limit or 250,000 pounds round weight, whichever is less, and the Tribes shall be entitled to the remainder of the whitefish harvest limit; and provided further, that in any year in which no State licensee participates in the fishery the Tribes shall be entitled to the entire whitefish harvest limit. (Map 4.)

(4) WFS-04: The State shall be entitled to harvest ten percent (10%)

of the whitefish harvest limit or 25,000 pounds round weight, whichever is less, and the Tribes shall be entitled to harvest the remainder of the whitefish harvest limit; provided, that in any year in which no State licensee participates in the fishery the

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Tribes shall be entitled to the entire whitefish harvest limit. (Map 6.)

(5) WFS-05: The State shall be entitled to harvest sixteen percent


g. Management of the Shared Whitefish Harvest. The State and the

Tribes shall manage their respective fisheries in good faith to avoid exceeding their respective whitefish harvest limits as provided in sub. f., above. This requirement shall be enforced on a management unit by management unit basis as follows:

(1) Whitefish harvest limits shall be calculated annually for each

shared management unit. The total harvest limit shall be determined and then apportioned according to the whitefish allocation for the Tribes and the State in each shared management unit as described in sub. f., above.

(2) Whitefish harvest shall be measured every year in each shared

management unit by appropriate scientifically-based methods. As part of the process of calculating annual harvest limits for the upcoming year, the TFC shall compute the percent deviation between the previous year's harvest limit and the estimated harvest for each shared management unit. For example, if the State whitefish harvest limit was 20,000 pounds round weight and the estimated State harvest was 25,000 pounds round weight, there was a positive twenty-five percent (+25%) deviation. If the estimated harvest was 15,000 pounds round weight, there was a negative twenty-five percent (-25%) deviation.

(3) In addition, a five (5)-year running sum of deviations shall be

computed for both the State and the Tribes. For example, if the State's deviations in the last five (5) years were positive five percent (+5%), negative ten percent (-10%), zero percent (0%), negative seven percent (-7%), and positive twelve percent (+12%), its five (5)-year running sum would be zero percent (0%).

(4) If, in any one (1) year, either the State’s or the Tribes’ deviation

exceeds positive twenty-five percent (+25%), then:

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(a) The exceeding party’s (either the State or the Tribes collectively) harvest limit in the following year shall be reduced by the amount in pounds round weight by which its harvest exceeded its harvest limit for the one (1) year in question;

(b) The other party’s harvest limit in the following year shall be

increased by the same amount whether or not the party was also an exceeding party; and

(c) The exceeding party shall take management action so that

its harvest in the following year does not exceed its harvest limit for that year as adjusted under this subsection (4).

(5) If, in any five (5) consecutive years, either the State’s or the

Tribes’ running sum of deviations exceeds positive twenty-five percent (+25%), then:

(a) The exceeding party’s (either the State or the Tribes

collectively) harvest limit in the following year shall be reduced by the amount in pounds round weight by which its harvest exceeded its harvest limit for the five (5) years in question;

(b) The other party’s harvest limit in the following year shall be

increased by the same amount whether or not the party was also an exceeding party; and

(c) The exceeding party shall take management action so that

its harvest in the following year does not exceed its harvest limit for that year as adjusted under this subsection (5).

(6) If in any year an adjustment in harvest limits is required under

both sub. (4) and sub. (5), above, the amount of the adjustment shall be the larger of the amounts calculated under those subsections.

(7) In the event that the State or the Tribes are required to take

management action under sub. (4) or sub. (5), above, CORA, the State, or both, as appropriate, shall present a good faith proposal for such action to the TFC. In the event that the members of the TFC do not agree that the proposal is adequate to prevent the opposing party’s harvest from exceeding its harvest limit in the coming year, any party may invoke the dispute resolution process in section XIX.

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(8) It is the intent of this section that:

(a) large deviations shall be rare and promptly addressed; (b) the fishery shall not be overly regulated in response to

minor deviations caused by random fluctuations and imprecision in assessment methods; and

(c) on average, neither the State nor the Tribes shall exceed

their apportioned harvest opportunities.

2. Other Whitefish Fisheries. In all whitefish management units which are not shared whitefish units listed in sub. 1.b., above, the Tribes shall manage their commercial whitefish fisheries in accordance with the provisions set forth in section III. of the Tribal Plan. The Tribes shall not amend those provisions without the prior written agreement of the State and the United States.

B. Salmon.

1. A limited entry permit salmon fishery in Lake Michigan for Little Traverse fishers shall be authorized subject to the following restrictions: (Map 14.)

a. Salmon fishing by Little Traverse fishers shall be permitted within one

(1) mile from shore from Seven Mile Point in grid 518 north to McGulpin Point in grid 320, from August 1 through October 15.

b. Nets may be fished at the surface in this fishery from September 10

through October 15. At all other times during the salmon season in this salmon fishery, nets shall be set at least eight (8) feet below the surface.

2. A salmon fishery in Lake Michigan for Grand Traverse fishers is authorized

subject to the limitations of this subsection: (Map 15.)

a. Salmon fishing shall be permitted from September 15 through October 30 in grid 615, the south half (S½) of grid 614, and in that portion of grid 714 which is north of an east-west line commencing three-tenths (0.3) mile north of mouth of the Leland River.

b. Salmon fishing shall be permitted from the day after Labor Day

through October 30 in those portions of grids 715 and 815 within the boundaries of a line from the tip of Omena Point to buoy N"2" off Omena Point, then to buoy C"1" off Stony (Suttons) Point, and then due west to the intersection with the Leelanau Peninsula.

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3. A salmon fishery in Lake Huron shall be authorized subject to the limitations of this subsection: (Map 16.)

a. Fishing for salmon by the Tribal commercial fishers is limited to the

Sault Tribe Tribal Zone described in section IV.A.2.c.(1). b. Salmon fishing shall be permitted from August 1 through October 15

in the St. Martin’s Bay zone, and from September 10 through October 15 in the Cordwood Point zone.

c. Nets may be fished at the surface at any time during the specified

salmon seasons in the areas described in subs. a. and b., above.

4. Except as provided in subs. 1., 2., and 3., above, commercial fishing for salmon is prohibited except for incidental harvest. The Tribes shall prohibit the retention of more than two hundred (200) pounds round weight per vessel per day of salmon caught as incidental catch in gill nets in waters and seasons not open to salmon fishing, and shall prohibit any retention of salmon caught in trap nets.

5. Salmon nets shall be marked in accordance with standards no less stringent

than the following:

a. Each gang of salmon nets shall be marked at each end with a staff buoy which extends a minimum of five (5) feet above the surface and which:

(1) is at least fifty percent (50%) reflective orange in color; (2) has affixed to the top one orange flag twelve (12) inches by

twelve (12) inches in size; and (3) has affixed the license number of the fisher.

b. Each gang of nets shall have attached along the top edge of the net orange PVC floats which are at least six (6) inches by fourteen (14) inches in size and which are evenly spaced along the length of the gang at intervals of not more than three hundred (300) feet of net.

6. Salmon nets shall be set in a manner that permits reasonable ingress and

egress by shoreline residents.

C. Other Species.

1. Species Authorized for Commercial Harvest.

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a. Bloater Chubs. Subject to the provisions of this Decree, the Tribal Plan, and the Tribal Code:

(1) The TFC shall determine the availability of chub stocks and

establish harvest limits, if appropriate, in the shared zones identified in sub. (4), below. In all other waters open to Tribal commercial fishing, CORA shall determine the availability of chub stocks and regulate harvest in accordance with the Tribal Plan.

(2) Tribal commercial fishing for chubs with small mesh gill nets is

authorized; provided, that subject to the provisions of sub. (3), below, nets must be set in forty (40) fathoms of water or deeper.

(3) The TFC shall develop or approve an assessment protocol to

establish whether and in what areas chubs may be fished in waters less than forty (40) fathoms in a manner that does not impose significant biological problems for, or increased bycatch of, lake trout, whitefish, or other species. Based upon the assessment the TFC may authorize fishing in depths less than forty (40) fathoms in particular areas. If the TFC fails to reach consensus on a depth limitation, any party may seek resolution of the issue by invoking dispute resolution under section XIX., but the change shall not be made until the dispute is resolved. The TFC shall periodically review and assess the fishery to determine whether the current depth limitations are appropriate.

(4) Apportionment of Harvest. Beginning in 2001, in the following

areas, in which the chub fishery is shared between State and Tribal fishers, the harvest shall be allocated as follows:

(a) Whitefish management unit WFM-05: The State shall be

entitled to harvest five percent (5%) of the available harvest or 21,000 pounds dressed weight, whichever is less, and the Tribes shall be entitled to harvest the remainder of the harvestable surplus; provided, that in any year in which no State licensee participates in the fishery the Tribes may harvest the entire harvestable surplus. (Map 4.)

(b) Whitefish management unit WFM-06: The State shall be

entitled to harvest thirty-three percent (33%) of the available harvest or 127,000 pounds dressed weight, whichever is less, and the Tribes shall be entitled to harvest the remainder of the harvestable surplus; provided, that in any year in which only one State licensee participates in the fishery, the State shall be entitled to twenty-two percent

37

(22%) of the available harvest or 85,000 pounds dressed weight, whichever is less, and the Tribes shall be entitled to harvest the remainder of the available harvest; and provided further, that in any year in which no State licensee participates the Tribes may harvest the entire harvestable surplus. (Map 4.)

(c) Whitefish management unit WFM-07: The State shall be

entitled to harvest sixteen percent (16%) of the available harvest or 62,500 pounds dressed weight, whichever is less, and the Tribes shall be entitled to harvest the remainder of the harvestable surplus; provided, that in any year in which no State licensee participates in the fishery the Tribes may harvest the entire harvestable surplus. (Map 4.)

(d) Whitefish management unit WFM-08: The State shall be

entitled to harvest thirty-three percent (33%) of the available harvest or 125,000 pounds dressed weight, whichever is less, and the Tribes shall be entitled to harvest the remainder of the harvestable surplus; provided, that in any year in which only one State licensee participates in the fishery, the State shall be entitled to sixteen percent (16%) of the available harvest or 62,500 pounds dressed weight, whichever is less, and the Tribes shall be entitled to harvest the remainder of the available harvest; and provided further, that in any year in which no State licensee participates the Tribes may harvest the entire harvestable surplus. (Map 4.)

(e) Whitefish management unit WFS-04: The State shall be

entitled to harvest thirty-five percent (35%) of the available harvest or 17,000 pounds dressed weight, whichever is less, and the Tribes shall be entitled to harvest the remainder of the harvestable surplus; provided, that in any year in which no State licensee participates in the fishery the Tribes may harvest the entire harvestable surplus. (Map 6.)

(f) Whitefish management unit WFS-05: The State shall be

entitled to harvest twenty-nine percent (29%) of the available harvest or 39,000 pounds dressed weight, whichever is less, and the Tribes shall be entitled to harvest the remainder of the harvestable surplus; provided, that in any year in which only one State licensee participates in the fishery, the State shall be entitled to nineteen percent (19%) of the available harvest or 26,000 pounds dressed weight, whichever is less, and the Tribes shall be entitled to harvest

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the remainder of the available harvest; and provided further, that in any year in which no State licensee participates the Tribes may harvest the entire harvestable surplus. (Map 6.)

b. Lake Herring. CORA shall manage the Tribal commercial harvest of

lake herring in accordance with the Tribal Plan. The State may request that the TFC review this fishery in the manner described in sub. f., below.

c. Menominee. CORA shall manage the Tribal commercial harvest of

menominee in accordance with the Tribal Plan. d. Walleye.

(1) Subject to the provisions of this Decree, the Tribal Plan, and the Tribal Code, the following waters are open to Tribal commercial fishing targeting walleye:

(a) Lake Michigan grids 116, 117, 118, 218, 219, 615, 712,

713, 714, 715, 716, and the south half (S½) of grids 614 and 616, subject to the following restrictions: (Maps 17. and 17.a.)

i. The area in grid 715 north and west of a line from the

tip of Northport Point in a direct line to R"2" Bell buoy off Northport Point, then due west to the shore, shall be closed to walleye fishing except from March 16 through April 23. Fishing for walleye during this period shall be limited to depths of twenty (20) feet or less using impoundment nets. All yellow perch shall be returned to the water dead or alive. (Map 17.a.)

ii. Small mesh gill nets shall be limited to two and three-

quarters (2.75) to three (3.0) inch stretch measure in the north half (N½) of grid 715 outside of the area described in sub. i., above. (Map 17.a.)

iii. Small mesh gill nets shall be set in waters ninety (90)

feet deep or less in grids 712, 713, and 714. (Map 17.a.)

iv. Small mesh gill nets shall be set in waters from twenty

(20) to ninety (90) feet deep in grids 615 and 716, the south half (S½) of grids 614 and 616, and the portion

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of grid 715 outside the area described in sub. i., above. (Map 17.a.)

v. Nets set for walleye in grids 712, 713, 714, 715, 716,

615, and the south half (S½) of grids 614 and 616 shall be no more than six (6) feet in height and shall be set with the lead line on the bottom of the lake. (Map 17.a.)

vi. The TFC may periodically review and assess the

fishery in subs. iii. and iv., above, to determine whether the depth limitations are appropriate.

(b) Lake Huron grids 202, 301 through 306, and 401 through

403, except for those portions of grids 303 through 305 described in sections IV.C.5. and IV.C.6., as shown on a map included in Appendix C. (Map 18.)

(c) Lake Superior grid 1646. (Map 9.b.)

(2) Except as provided in sub. (1), above, and sub. (3), below, commercial fishing for walleye is prohibited.

(3) The Tribes shall:

(a) Prohibit possession of more than fifteen (15) pounds round weight of walleye per vessel per day in all 1836 Treaty waters not identified in sub. (1), above, and in closed seasons;

(b) Require that all walleye less than fifteen (15) inches long

caught in impoundment nets shall be returned to the water dead or alive; and

(c) Require that all walleye caught in trap net zones, as

described in sections IV.A.1.b., IV.A.2.d., and IV.A.3.b., shall be returned to the water dead or alive.

e. Yellow perch.

(1) Subject to the provisions of this Decree, the Tribal Plan, and the Tribal Code, the following waters are open to Tribal commercial fishing targeting yellow perch:

(a) Lake Michigan grids 116, 117, 118, 218, 219, 615, 712,

713, 714, 715, 716, and the south half (S½) of grids 614

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and 616, subject to the following restrictions: (Maps 17. and 17.a.)

i. The area in grid 715 north and west of a line from the

tip of Northport Point in a direct line to R"2" Bell buoy off Northport Point, then due west to the shore, shall be closed to commercial fishing for yellow perch. (Map 17.a.)

ii. Small mesh gill nets shall be limited to two and three-

quarters (2.75) to three (3.0) inch stretch measure in the north half (N½) of grid 715 outside of the area described in sub. i., above. (Map 17.a.)

iii. Small mesh gill nets shall be set in waters ninety (90)

feet deep or less in grids 712, 713, and 714. (Map 17.a.)

iv. Small mesh gill nets shall be set in waters from twenty

(20) to ninety (90) feet deep in grids 615 and 716, the south half (S½) of grids 614 and 616, and the portion of grid 715 outside the area described in sub. i., above. (Map 17.a.)

v. Nets set for yellow perch in grids 712, 713, 714, 715,

716, 615, and the south half (S½) grids 614 and 616 shall be no more than six (6) feet in height and shall be set with the lead line on the bottom of the lake. (Map 17.a.)

vi. The TFC may periodically review and assess the

fishery in subs. iii. and iv., above, to determine whether the depth limitations are appropriate.

(b) The northeast quarter (NE¼) of Lake Michigan grid 508,

and a narrow strip of water along the eastern part of the northwest quarter (NW¼) of grid 508 near St. Martins Island and described as follows: commencing at the eastern shore of St. Martins Island at forty-five degrees thirty minutes (45º 30') north latitude; then southward along the shore of St. Martins Island to its southernmost tip; then due south to the intersection of the Michigan-Wisconsin border; then southeastward to the intersection with the eighty-six degrees forty minutes (86º 40') west longitude; then northward along said longitude to the intersection with forty-five degrees thirty minutes (45º 30') north latitude;

41

then westward along said latitude to the point of beginning. (Maps 7.a. and 17.)

(c) Lake Michigan grids 315 to 319 and that portion of grid

320 west of McGulpin Point except: (Map 17.b.)

i. St. James Harbor west of eighty-five degrees thirty minutes (85º 30') west longitude; and (Map 17.b.)

ii. In grid 318, that part east of a line from the

westernmost tip of Waugoshance Point to the southeast corner of the grid. (Map 17.b.)

(d) The portions of Lake Michigan grids 418 and 518 described

as follows: the area bounded by a line from the church spire at Middle Village southward to the line described in section IV.A.1.c.(2)(a)ii.A); then south along that line a distance of three (3) miles; then along a line paralleling the shore and three (3) miles from the shore to a point due west of the church spire at Middle Village; then east to the shore. The portion of this area in grid 418 shall be open to fishers from other Tribes as determined by Little Traverse in its discretion. (Map 17.c.)

(e) Lake Huron grids 202, 301 through 306, and 401 through

403, except for those portions of grids 303 through 305 closed to tribal commercial fishing under sections IV.C.5. and IV.C.6., as shown on a map included in Appendix C. (Map 18.)

(f) Lake Superior grid 1646. (Map 9.b.)

(2) The following seasonal closures shall apply in Lake Michigan:

(a) The north half (N½) of the southwest quarter (SW¼) of grid 316 shall be closed to yellow perch fishing from and including the Friday before Memorial Day through Labor Day; (Map 17.b.)

(b) In grid 318, the area east of a line from the westernmost tip

of Waugoshance Island to the southeast corner of grid 318 shall be closed to yellow perch fishing from and including December 1 through March 31. (Map 17.b.)

(3) Yellow perch fishing in the waters described in sub. (1)(c),

above, shall be subject to the following restrictions:

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(a) Yellow perch fishing shall be pursued in water depths

between twenty (20) and ninety (90) feet. (b) Nets set for yellow perch shall be no more than six (6) feet

in height and shall be set with the lead line on the bottom of the lake.

(c) Until 2006 Little Traverse shall conduct a yellow perch

assessment fishery under the direction of the TFC. The protocol for such assessment shall be established based on lakewide yellow perch assessments being done under the auspices of the Yellow Perch Task Group (YPTG); however, the TFC may conduct additional assessments to supplement data gathered under the protocol developed by the YPTG.

(4) The TFC shall, if appropriate, determine commercial and

recreational harvest limits for yellow perch in the waters described in sub. (1), above.

(5) Except as provided in sub. (1), above, and sub. (6), below,

commercial fishing for yellow perch is prohibited. (6) The Tribes shall:

(a) Prohibit possession of more than fifteen (15) pounds round weight per vessel per day of yellow perch in all 1836 Treaty waters not identified in sub. (1), above, and in closed seasons;

(b) Require that all yellow perch less than eight (8) inches long

caught in impoundment nets be returned to the water dead or alive; and

(c) Require that all yellow perch caught in trap net zones, as

described in sections IV.A.1.b. (except for that portion described in sub. [2][d] of that section), IV.A.2.d., and IV.A.3.b., be returned to the water dead or alive.

f. Other Species. The commercial harvest of any other species is

authorized unless specifically prohibited in sub. 2., below. However, no party shall target such species without prior notice to the TFC. Any party may request that the TFC design a protocol for assessment of such species to determine the appropriate management of the species. The TFC shall develop appropriate management measures based upon

43

the assessment. If there is an issue of allocation between Tribal and State commercial fishers, there shall be a presumption in favor of the Tribal fishers.

2. Species Not Authorized for Commercial Harvest.

a. The following fish species shall not be targeted for harvest or offered for sale or exchange when taken as bycatch during commercial fishing activities: muskellunge (except in Lake Michigan), splake, brown trout, brook trout, rainbow (steelhead) trout, Atlantic salmon, largemouth and smallmouth bass, and northern pike. Retention of such species when taken as bycatch during commercial trap net fishing is prohibited. Retention of more than twenty-five (25) pounds round weight per vessel per day of such species as bycatch during commercial gill net fishing is prohibited.

b. The following fish species shall not be targeted for harvest or offered

for sale or exchange when taken as a bycatch during commercial fishing, and any catch shall immediately be returned to the water if alive or, if not alive, shall be turned in to the BSD, Tribal biological staff, or the nearest MDNR field office and shall not be retained in possession: lake sturgeon, muskellunge (Lake Michigan only), and any fish species listed as threatened or endangered under the Federal Endangered Species Act.

IX. STOCKING.

A. Lake Committee Role. The parties support the functions of the Lake Committee organized under the auspices of the Great Lakes Fishery Commission for each of the lakes containing 1836 Treaty waters. Lake trout reared by the federal government for stocking in the Great Lakes will continue to be stocked for lake trout rehabilitation. The State and the Tribes shall continue to use the Lake Committee process to oversee stocking practices of lakewide concern, such as lakewide stocking caps for certain species.

B. TFC Review. A party proposing to make any change from 1999 stocking plans or

activities shall provide notice to all other parties sufficient to allow for TFC review of the proposed change before it occurs. Changes requiring notice include:

1. A change in stocking site priority in terms of receiving available fish. 2. A change in the overall distribution plan for any species in terms of number

of fish assigned to each site (including eliminating or adding sites).

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3. Stocking a new species, strain, or size class of fish at a location. 4. Any other change that would materially affect an allocation of harvest

opportunity set forth in this Decree. Within one (1) year after entry of this Decree, the TFC shall identify current stocking regimes and shall develop a standard format for new stocking proposals, including a problem/opportunity statement, description of expected results, and an evaluation plan. If a party objects to any other party's stocking proposal, that objection and rationale for the objection shall be made in writing. New stocking proposals that are not approved by the TFC shall not be implemented unless and until the party proposing the stocking prevails in dispute resolution. Each year, all parties shall prepare a table of stocking sites organized by species of fish that compares planned and accomplished stocking for the previous year.

C. Lake Trout Stocking. Because portions of the waters of northern Lakes Michigan and Huron that were formerly in deferred status are now subject to the lake trout harvest limits described in section VII., all parties shall support action by the Lake Committees for these lakes to alter stocking patterns immediately to reflect this expanded commitment to lake trout rehabilitation, including an immediate increase in stocking in MH-1 to the level recommended by the Lake Huron Committee and an increase in stocking in MM-1, MM-2, and MM-3 (combined) to a comparable level as soon as is feasible. In addition, the State and the Tribes shall resist changes in stocking that will have the effect of lowering a lake trout harvest limit established under section VII.

D. Other Stocking Commitments. Except as the parties may otherwise agree, the

following stocking commitments are not subject to review and approval under sub. B., above:

1. The State shall annually stock chinook salmon spring fingerlings in St.

Martin’s Bay of Lake Huron as follows:

a. 400,000 in 2001 and 2002; b. 300,000 in 2003 through 2005; and c. 250,000 in 2006 and thereafter until the expiration of this Decree.

2. The State shall provide and stock 100,000 yearling lake trout annually in MH-1 in Lake Huron beginning in 2002.

E. Walleye Stocking in the Grand Traverse Tribal Zone. Prior to continuing

stocking of walleye in the Grand Traverse Tribal zone, Grand Traverse shall submit a plan consistent with the standard format described in sub. B., above, for review by the TFC. The USFWS and MDNR shall consult with Grand Traverse

45

prior to submission of the plan. Walleye stocking under the submitted plan shall be reviewed by the TFC after four (4) years to determine whether the stocking should be continued, altered, or discontinued.

X. TRIBAL TRAP NET OPERATIONS.

A. State Commitment.

1. In order to reduce the amount of large mesh gill net effort of the Tribes who have participated in the fishery for some time, and to provide fishing opportunities to recently reaffirmed Tribes that do not involve the use of large mesh gill nets, the State shall assist the Tribes in obtaining trap net opportunities as described in this section.

2. As provided in section XX.A.1.a.(1), the State shall provide funding to

enable the Tribes to accomplish the following:

a. Acquire the State commercial fishing licenses necessary to reduce the State commercial harvest in WFM-01 to the level specified in section VIII.A.1.f.(1). All State licenses acquired under this subsection shall be immediately surrendered to the State.

b. Under the terms of the agreement described in sub. C.3.g.(2), below,

acquire a total of twelve (12) vessels and related equipment which shall be allocated as follows: two (2) to Little Traverse and ten (10) to meet the Tribal commitment described in sub. B., below. Each trap net operation shall include a suitable trap net vessel which meets all applicable standards of safety and seaworthiness; a minimum of twelve (12) large mesh trap nets; and other related equipment necessary to the operation; all of which shall be in good usable condition and shall have passed Tribal inspection. Any vessels and equipment remaining after the initial round of conversions shall be held and maintained by the Sault Tribe or CORA for use in further conversions by qualifying Tribal fishers consistent with the provisions of this section.

3. As provided in sections XX.A.1.a.(3) and XX.A.1.a.(5), the State shall

provide the funding to obtain the services of consultants to assist the Tribes or Tribal fishers in operating the trap net operations provided by this section.

4. As provided in section XX.A.1.a.(2), the State shall also fund conversions

under special circumstances proposals submitted to the State by a Tribe as provided in sub. C.2.b., below.

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5. The State’s commercial licensees or permittees operating in the Lake Huron Trap Net Zone shall be relocated south of whitefish management unit WFH-05.

B. Tribal Commitment. The Sault Tribe shall accomplish removal of at least

fourteen (14) million feet of large mesh gill net effort from Lakes Michigan and Huron by 2003, based upon 1996 to 1998 effort data, through conversion as provided in sub. C., below, or other methods. Conversion by fishers from other Tribes shall count toward this commitment. Participation by individual Tribal members in the conversion program shall be voluntary.

C. Gill Net Conversion Program.

1. Of the trap net operations acquired from the State-licensed fishers in Bay de Noc, up to ten (10) shall be set aside for the gill net conversion program.

2. Criteria.

a. Fishers shall qualify for participation in the conversion program if they have fished an average of at least 500,000 feet of large mesh gill nets per year during the qualifying period of 1997 - 1999. Tribal fishers who have: fished trap nets during the period but have switched back to gill nets; acquired large mesh gill net operations from another fisher; or been absent from the fishery during a portion of the qualifying period for good cause, shall have their gill net effort adjusted or imputed upon a reasonable basis.

b. Notwithstanding the foregoing, fishers who present special

circumstances may be considered for inclusion in the conversion program on a case by case basis. The fisher’s Tribe shall submit a proposal for consideration of special circumstances to the State, which shall meet with the Tribe in good faith to consider the proposal. Examples of possible special circumstances include:

(1) Family operations that currently hold State and Tribal licenses. (2) Family operations involving two (2) or more licensees which fish

both trap and gill nets, or both large and small boats. (3) Two (2) or more small boat licensees who wish to combine in a

single trap net operation. (4) Individual fishers who fish both trap nets and large mesh gill nets

who wish to participate in the program.

3. Implementation.

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a. Litigation over the implementation of the conversion process with or

among third parties or among the Tribes, including but not limited to the condition of the equipment exchanged, shall not be a basis for relief from the terms of this Decree.

b. The State, in its sole discretion and subject to the availability of funds,

may consider providing additional trap net operations, or funding, to convert additional Tribal large mesh gill net fishers on an ad hoc basis while this Decree is in effect. Consideration may be given to proposals prepared by a Tribe and forwarded to the MDNR, with copies sent to the other parties.

c. Upon acceptance of a conversion trap net operation, a converting

Tribal fisher shall convey ownership and title, free from any liens and encumbrances, and shall surrender possession to the State of the fisher’s gill net tug, all on-board equipment used in the operation of such vessel, and all of the fisher’s large mesh gill nets. A converting Tribal fisher who does not own a gill net tug and has qualified for conversion by fishing with a small boat shall convey and surrender the vessel he has used for fishing with gill nets. Upon acceptance of a state-funded conversion trap net operation, use or possession on the water of large mesh gill nets by a converted fisher shall be prohibited, except as provided in sub. e., below. Use or possession on the water of small mesh gill nets is prohibited on such state-funded conversion vessels, except for the taking of chubs and menominee as provided in this Decree.

d. The tugs surrendered to the State shall be accepted "as is" in the

condition they were in when last used by the fisher, except that the State shall be permitted to inspect and require that any tug which was acquired by a converting fisher on or after October 1, 1999, be brought up to acceptable marine standards.

e. A fisher who converts to trap nets under this subsection C. shall not

thereafter resume the use of large mesh gill nets except as follows:

(1) Subject to Tribal approval, after two (2) years of use of the trap net operation, the fisher may exchange license and gear with another Tribal licensee who represents at least sixty percent (60%) of the average large mesh gill net effort of the converted fisher during the years 1997 through 1999.

(2) Subject to Tribal approval, a converted fisher may acquire a large

mesh gill net operation and license if the fisher has sold his trap

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net operation and retired from the fishery for a period of two (2) years.

f. A Tribal fisher who participates in the gill net conversion program

under this subsection C. may sell his or her trap net operation and transfer the fisher’s captain’s license as provided under current Tribal regulations. Anyone acquiring such a conversion trap net operation shall be subject to the same restrictions as the original conversion program participant.

g. The provisions of this section shall be implemented by the following

agreements:

(1) An escrow agreement or other suitable agreement to which the State, Little Traverse, Grand Traverse, and the Sault Tribe shall be parties that shall assure that the funds provided by the State to the Tribes for the acquisition of licenses and equipment are distributed in accordance with the terms of this section and that the State commercial fishing licenses acquired are in fact surrendered to the State along with a full and complete release of the State from any liability to the surrendering fisher.

(2) An agreement among the Sault Tribe, Little Traverse, Grand

Traverse, and the State-licensed commercial fishers selling their trap net fishing vessels and equipment and surrendering their State licenses that governs the timing, terms and conditions of the purchase, sale, and surrender. The agreement shall be approved by the State, which may also become a party to the agreement.

(3) An agreement between the Sault Tribe or Grand Traverse and a

Tribal fisher participating in the conversion program to which the State is a third party beneficiary which governs the timing, terms and conditions of the transfer of equipment in accordance with the provisions of subs. c. and d., above.

h. The Sault Tribe shall contribute the trap net vessel "PB-2", together

with any associated equipment still in its possession, for selection by one of its fishers in the conversion program in conjunction with the vessels and equipment acquired under sub. A.2.b., above.

4. Sault Tribe Provisions.

a. The Sault Tribe shall establish a new category of captain’s license, the trap net conversion license, and shall issue such a license to each participant in the conversion program. The license shall:

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(1) Authorize fishing with trap nets, and with small mesh gill nets subject to the restrictions contained in sub. 3.c., above.

(2) Authorize trap net fishing in trap net zones and in all other open

waters, subject to the restrictions contained in this Decree, the Tribal Plan, and the Tribal Code.

(3) Restrict sale of the operation and transfer of license as provided

in subs. 3.e. and 3.f., above.

b. The Sault Tribe shall continue in effect its current regulations on large and small boat captain’s licenses, including the prohibitions on using more than one (1) vessel at a time and on upgrading from a small boat to a large boat license. In addition, the Sault Tribe shall adopt the following provisions:

(1) The number of large boat and small boat captain’s licenses shall

each be capped at the number outstanding on January 1, 2000. (2) Special permits authorizing the use of large mesh gill nets shall

be prohibited. (3) The number of large boat and small boat captain’s licenses issued

at any time shall be the number in each category outstanding on January 1, 2000, less the number replaced with trap net conversion licenses.

(4) A retired or inactive trap net conversion license shall not be

reissued as a large boat or small boat gill net captain’s license.

c. The following preferences shall apply in ranking Sault Tribe fishers for participation in the conversion program and selection of trap net operations:

(1) Those fishers who have fished in whitefish management unit

WFM-04 during the qualifying period and who have agreed to relocate their fishing effort to one (1) of the trap net zones created in sections IV.A.1.b. and IV.A.2.d.

(2) Fishers who do not meet the requirement of sub. (1), above, and

who have agreed to relocate to one (1) of the trap net zones identified in sub. (1).

(3) Additional qualifying conversions may be considered only after

these conversions have been completed.

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d. A fisher participating in the conversion program who has agreed to move the trap net operation to one (1) of the trap net zones and has obtained a preference provided in sub. c., above, shall be required to fish within the trap net zone exclusively for a period of two (2) years after conversion. Tribal fishers who have not obtained a preference, or preference fishers after two (2) years of fishing, may fish in any waters open to Tribal fishing, subject to any restrictions on such fishing contained in the Tribal Plan or Tribal Code.

e. A converted trap fisher who had an average small mesh gill net effort

of over 950,000 feet per year for the years 1997 and 1998 may keep his or her gill net tug for the sole purpose of fishing small mesh gill nets for chubs and menominee.

5. Grand Traverse Provisions. Grand Traverse shall establish a new category

of captain’s license, the trap net conversion license, and shall issue such a license to each participant in the conversion program. The license shall:

a. Authorize fishing with trap nets, and with small mesh gill nets subject

to the restrictions contained in sub. 3.c., above. b. Authorize trap net fishing in all waters open to such fishing by Grand

Traverse fishers, subject to the restrictions contained in this Decree, the Tribal Plan, and the Tribal Code.

c. Restrict sale of the operation and transfer of license as provided in

subs. 3.e. and 3.f., above.

D. Trap Net Operations for Recently Reaffirmed Tribes.

1. Little Traverse. Little Traverse shall receive two (2) of the operations described in sub. A.2.b., above. These two (2) operations may also be used for fishing large mesh gill nets for salmon only and for fishing small mesh gill nets for all species permitted under this Decree.

2. Little River. The State shall provide funds to Little River as described in

section XX.A.1.b. which it may use for the purposes set forth in that section, including the acquisition of trap net operations.

E. Selection of Trap Net Operations. The selection of trap net operations by Sault

Tribe, Grand Traverse, and Little Traverse shall proceed as follows: qualifying Sault Tribe and Grand Traverse fishers shall be ranked in order of their average annual gill net effort in Lakes Michigan and Huron in the years 1997 through 1999. The ranking of Sault Tribe fishers shall be adjusted in accordance with the preferences set forth in sub. C.4.c., above. Fishers shall make their selections in

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the order of their ranking, with Little Traverse selecting its operations in the fourth and seventh positions in the order of selection.

XI. TRIBAL CHARTER BOAT OPERATIONS.

A. Any Tribe which authorizes or conducts a charter boat operation shall adopt safety inspection standards for its charter operations substantially similar to those that exist under current State law for vessels carrying passengers for hire.

B. Customers of Tribal charter operations who are not members of one of the Tribes

shall be subject to applicable State law including, but not limited to, licensing requirements, rod limits, size and bag limits, daily possession limits, and seasons.

C. Any Tribe which authorizes or conducts a charter boat operation shall report its

charter boat harvest, including the number and weight of species caught by recreational fishers, and areas fished, to the State in accordance with provisions applicable to state-licensed charter boat operations, and the harvest shall be recorded by the State in accordance with those provisions.

XII. SUBSISTENCE FISHING.

A. The Tribes shall develop standardized subsistence fishing reporting and sampling systems.

B. Tribal fishers who engage in subsistence fishing shall obtain a subsistence fishing

license issued by their Tribe, and shall abide by all provisions of the Tribal Code and applicable Tribal regulations governing subsistence fishing. In addition, subsistence fishing with gill nets or impoundment nets requires a Tribal permit which shall be limited both in duration and in the area where the fishing may occur. A copy of any license or permit issued by a Tribe under this subsection shall be provided promptly to the BSD, which shall provide copies to the MDNR, Fisheries Division and MDNR, Law Enforcement Division.

C. Subsistence fishers shall be limited to one hundred (100) pounds round weight

aggregate catch of all species in possession and they may not sell or otherwise exchange for value any of the catch. Subsistence gill netting is limited to one (1) net of three hundred (300) feet or less per vessel per day, except that in the St. Marys River (as described in section IV.C.1.) a single gill net shall not exceed one hundred (100) feet in length. The tying together of single gill nets to form a gang of nets is prohibited. Subsistence nets shall be marked at each end with an orange float equivalent to at least a one (1) gallon jug in size bearing the Tribal ID number of the subsistence fisher.

D. Subsistence fishing is authorized in all 1836 Treaty waters, except:

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1. Subsistence fishing with gill nets is prohibited in all lake trout refuges. 2. Subsistence fishing gear shall not be set in a manner which completely

blocks or entirely prevents the free passage of fish into and out of streams that flow into 1836 Treaty waters.

3. There shall be no subsistence fishing with nets:

a. Within one hundred (100) yards of any break wall or pier; or b. Within a three-tenths (0.3) mile radius of the mouth of the streams

listed in section IV.C.8.

E. In Little Bay de Noc, Lake Michigan, subsistence fishers shall not use gill nets or possess walleye beginning March 1 through May 15 in the waters of grid 306 north of an east-west line drawn through Saunders Point.

F. In Big Bay de Noc, Lake Michigan, subsistence fishers shall not use gill nets or

possess walleye beginning March 1 through May 15 in the waters of grids 308 and 309 north of a line from St. Vitals Point to the northernmost tip of Garden Bluff.

G. All subsistence fishers who engage in any fishing activity under this section must

file catch reports with their Tribe, which shall provide the reports to CORA. XIII. TECHNICAL FISHERIES COMMITTEE (TFC).

A. Creation. There shall be a Technical Fisheries Committee (TFC), which shall be the primary body for consultation and collaboration on biological issues under this Decree.

B. Membership and Authority. The membership of the TFC shall consist of the BSD

Director and one (1) biologist from each of the Tribes, the MDNR, and the United States, though additional representatives of each party may also attend and participate in TFC sessions. The TFC shall operate as a vehicle for discussion and exchange of information and viewpoints. Except as otherwise provided in this Decree, the TFC shall not act as a formal decision-making body. The TFC shall attempt to shape consensus on the matters and issues before it, and shall take no action and make no determination without the consensus of all its members. No party shall take any action that requires the approval of or a determination by the TFC unless and until the TFC provides the approval or makes the determination or the party prevails in the dispute resolution process. The foregoing provision does not apply to actions that are subject only to TFC review, recommendation, or both. As to such matters, lack of consensus on the TFC shall

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not prevent a party from taking actions consistent with this Decree unless or until a party opposing the action prevails in dispute resolution.

C. Tasks and Responsibilities. In addition to the specific duties described elsewhere

in this Decree, the TFC shall have the following responsibilities:

1. Establish and update fish population models to be used for setting harvest limits under this Decree and by the Tribes in setting HRGs under the Tribal Plan. The work shall be performed by the Modeling Subcommittee, which shall build upon the work of the interagency modeling group that developed the models upon which sections VII. and VIII.A.1. are based.

2. Act as a forum for development and review of harvest limits, HRGs, effort-

based management issues, and discussion of similar biological matters. 3. Monitor the commercial, recreational, subsistence, and assessment harvest

of fish from the 1836 Treaty waters and make recommendations concerning in-season effort adjustments due to unanticipated increases in harvest activity.

4. Review and, upon request of the parties, recommend such fisheries

regulations as are biologically necessary to protect, preserve, or enhance the fishery resource within the 1836 Treaty waters.

5. Review, coordinate, and recommend biological research, monitoring, and

fishery assessment projects of the parties within 1836 Treaty waters. 6. Review, coordinate, and recommend programs related to environmental

damage and risks to the ecosystem, including habitat changes, forage base conditions, and exotic species.

7. Facilitate the exchange of information as provided in section XV. 8. Provide for review and continuous improvement of harvest estimating and

reporting systems to assure that each party is submitting valid harvest estimates or reports. The TFC shall review the methods of all harvest estimating and reporting systems to assure the designs of these systems provide:

a. estimates and reports that are sufficient to satisfy the requirements of

calculating harvest and effort limits as described in this Decree; and b. adequate coverage of management units defined by this Decree. Initial review of harvest estimating and reporting systems shall take place within two (2) years of the effective date of this Decree. Following the

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initial review future reviews shall be scheduled at a minimum of every five (5) years. The parties shall make changes in their harvest estimating and reporting systems that materially improve the accuracy of those systems at reasonable cost.

XIV. NOTICE AND CONSULTATION.

A. Tribal Effort-Based Management.

1. Annual Report. The BSD shall provide a copy of the annual report and recommendations required by section III.C.1. of the Tribal Plan to the parties at the same time the report is provided to GLRC. Prior to submission of the report to GLRC, the BSD shall review and discuss its contents with the TFC.

2. Proposed Effort Modifications. By April 1 of any year in which GLRC

proposes to make any effort modifications as provided in section III.D. of the Tribal Plan, GLRC shall submit the proposed effort modifications to all parties for review and comment. If any party expresses concern about any aspect of the proposed modifications within fifteen (15) days thereafter, GLRC shall hold at least one consultative meeting to discuss the concerns prior to the proposed modifications taking effect. Prior to the consultative meeting the agency expressing concern shall provide a written explanation of the basis for its concerns, including any supporting data or analyses, together with any recommendations it may have to resolve their concerns. GLRC shall address the concerns raised in the consultative process before adopting the modifications and shall provide fifteen (15) days written notice of its final action to all parties before the modifications take effect. GLRC shall also follow this consultative procedure before making any in-season adjustments as provided in Tribal Plan section III.E.2.

B. Notice of Proposed Regulatory Actions.

1. As used in this section, "regulatory action" means the promulgation, adoption, enactment, modification, amendment, issuance, or rescission of:

a. Any provision of the Tribal Plan or Tribal Code, or any decision or

order by GLRC or the BSD Director authorized by the Tribal Plan or Tribal Code.

b. Any State law, rule, or administrative action or order relating to or

affecting fishing in the 1836 Treaty waters.

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c. Any code, ordinance, rule, or administrative action or order of a particular Tribe relating to a matter agreed to by that Tribe under the Tribal Plan or this Decree.

2. Prior to taking any regulatory action, the party taking the action shall, to the

extent practicable and in good faith, provide written notice to the other parties of the proposed action as follows:

a. Except as provided in sub. A., above, if a change in a law, regulation,

or Tribal Plan provision, at least thirty (30) days notice. b. If an administrative action or order that is not an emergency order, at

least ten (10) days notice. c. If an emergency order as provided for in State or Tribal law, the most

expeditious notice practicable under the circumstances.

3. Upon the completion of any regulatory action, the party taking the action shall provide a copy of the action to all other parties within ten (10) days after the action is taken.

C. Parties Receiving Notice. All notices required by this Decree shall be provided to

the following individuals:

1. Tribal Chairperson, Bay Mills Indian Community. 2. Tribal Chairperson, Grand Traverse Band of Ottawa and Chippewa Indians. 3. Tribal Chairperson, Little River Band of Ottawa Indians. 4. Tribal Chairperson, Little Traverse Bay Bands of Odawa Indians. 5. Tribal Chairperson, Sault Ste. Marie Tribe of Chippewa Indians. 6. Executive Director, Chippewa Ottawa Resource Authority. 7. Director, Biological Services Division, Chippewa Ottawa Resource

Authority. 8. For the State of Michigan, the following officials:

a. Director, Michigan Department of Natural Resources. b. Native American Coordinator, Michigan Department of Natural

Resources.

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c. Chief, Fisheries Division, Michigan Department of Natural Resources.

9. For the United States, the following officials:

a. Secretary of the Interior. b. Midwest Regional Director, Bureau of Indian Affairs. c. Region III Director, U. S. Fish and Wildlife Service.

D. Local Consultation. Upon request, CORA or the affected Tribe or Tribes shall meet from time to time with representatives of local sport fishing interests and local government officials to discuss matters of local concern regarding fishery user interaction.

XV. INFORMATION SHARING.

The parties agree to share with each other the following types of information: A. Biological Data. The Tribes, MDNR, USFWS, and the United States Geological

Survey shall share all biological data in their possession that is not protected by applicable law, including plans for, and results of, stocking, assessments, and other research and studies relating to the 1836 Treaty waters. Data provided by the parties shall be used only for fishery management. Absent approval by the producing party, any use of such data for peer-reviewed publication purposes is prohibited. Nothing in this subsection shall be construed as creating an exemption from disclosure under applicable law.

B. Commercial Harvest.

1. Each month, unless the TFC requires more frequent reporting, the Tribes and the State shall promptly share with the parties information concerning commercial harvest of Great Lakes species. The regulations of the parties shall require, at a minimum, the submission of the following data by individual commercial fishers: commercial harvest data for each fishing vessel; fisher license number; weight of species landed; location of fishing, by grid; type and amount of fishing gear; and date. CORA shall serve as the central repository for any information concerning Tribal commercial harvest in the 1836 Treaty waters.

2. Catch reports filed by individual Tribal fishers are confidential and protected

from disclosure by Tribal law. CORA shall provide Tribal member commercial harvest data, including round weight, using fisher identification numbers consistent from year to year for identifying individual fishers, but will not divulge the name of any reporting fisher or release a catch report

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except as required by an order from the appropriate Tribal court. CORA may change a fisher identification number if the other parties concur in the change. Data from catch reports required by this subsection B. shall be provided to the parties and may be provided to other fisheries agencies for other bona fide scientific and management purposes.

C. Subsistence Harvest by Tribal Fishers. Tribal regulations shall require, at a

minimum, reporting by Tribal subsistence fishers of round weight of species landed; location of fishing, by grid; type and amount of fishing gear; and date. Data from the subsistence harvest reports of Tribal fishers shall be compiled by CORA and provided to the parties within six (6) months. Catch reports and fisher identifying data are confidential and protected as provided in sub. B.2., above. CORA shall also provide the parties with the results of all Tribal subsistence effort sampling.

D. Retail Sales Records. GLRC or the Tribes shall adopt regulations requiring

Tribally licensed commercial fishers to issue a bill of sale to any retail outlet purchasing fish from such fishers. The bill of sale shall contain the name of the Tribal fisher, the number and pounds, by species, of fish sold, the date of sale, and the signature of the fisher.

E. Tribally-licensed Fish Wholesaler Reports. GLRC or the Tribes shall require any

Tribally-licensed fish wholesaler to furnish written reports of all purchases of fish, indicating the name of the seller, the date, the seller’s license number, the number and pounds of each species sold, and the price paid for each species. Tribally-licensed wholesale fish dealers shall require identification from each seller of fish. A Tribally-licensed wholesale fish dealer shall purchase fish only from a State or Tribally licensed commercial fisher, or other legal source of fish. A copy of the report shall be mailed by the Tribally-licensed fish wholesaler to CORA by the tenth (10th) day of the month following the month in which the transaction occurred. Copies of these reports shall be provided to the MDNR, Fisheries Division, and USFWS within one (1) month of receipt.

F. State-licensed Fish Wholesaler Reports. A record of each purchase of fish shall

be provided signed by the seller and the buyer, indicating the name of the seller, the date, the seller’s identification number, the number and pounds of each species sold, and the price paid for each species. One copy shall be mailed to the MDNR by the tenth (10th) day of the month following the month in which the transaction occurred. Licensed wholesale fish dealers shall require identification from each seller of fish. A licensed wholesale fish dealer shall purchase fish only from a State or Tribally licensed commercial fisher, or other legal source of fish. The MDNR shall provide CORA and USFWS with copies of all reports of fish purchased by fish wholesalers licensed by the State within one (1) month of receipt.

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G. Recreational Harvest by State-licensed Fishers. The MDNR shall provide to CORA and USFWS data on State-licensed recreational fishing and charter boat harvest, including the number and weight of species caught by recreational fishers, areas fished, and, to the extent that recreational harvest or effort is estimated, the methodology used to derive the estimate if requested.

H. Recreational Harvest by Tribal Fishers. CORA shall provide to MDNR and

USFWS such data as it possesses on Tribal recreational fishing. I. The Tribes shall report Tribal charter boat harvest, including the number and

weight of species caught by recreational fishers, and areas fished, to the State in accordance with provisions applicable to state-licensed charter boat operations.

J. Salmon Weir Harvest. Upon request, the MDNR shall provide to the other parties

data relating to the weir harvest of salmon within 1836 Treaty waters. K. Consultant Permits. The Tribes shall provide the MDNR and USFWS notice of

the issuance of any permit issued to a non-Tribal member consultant authorized to assist a Tribal fisher under the Tribal Plan and Tribal Code within forty-eight (48) hours of issuance.

L. Environmental Contaminants. Subject to the provisions of sub. A., above, the

Tribes, the State, USFWS, and the United States Geological Survey shall share with each other in a timely manner any data concerning environmental contaminant levels in fish in 1836 Treaty waters.

M. Exotic Species. Subject to the provisions of sub. A., above, the Tribes, the State,

USFWS, and the United States Geological Survey shall share with each other in a timely manner any data concerning exotic species intrusions into 1836 Treaty waters and shall cooperate under the federal Aquatic Nuisance Prevention and Control Act of 1990 and the National Invasive Species Act of 1996.

XVI. INFORMATION GATHERING.

A. Lake Trout Rehabilitation. The parties shall undertake an evaluation of the factors impeding successful lake trout rehabilitation, with frequent consultation and cooperation throughout the process. The following research subjects shall be considered by the parties:

1. The effects of abiotic and biotic factors on survival of lake trout early life

stages. Because high densities of adult spawning lake trout have been reached through rehabilitation, and egg deposition has been documented from these adult spawners, research is needed to address why early life stages are not surviving.

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2. The success of recent developments to stock early life stages. 3. The effects of genetic diversity of lake trout on reproductive success,

spawning site preference, and biotic interactions. Stocking strategies (and stocking experiments) need to be designed to determine the mechanisms for maximizing phenotypic diversity in lake trout strains.

4. Early mortality syndrome (EMS) and other fish health concerns, to

understand how these may impact lake trout rehabilitation.

B. Assessment Fishing.

1. Assessment fishing in 1836 Treaty waters may be conducted by the professional or technical biological staff of the BSD, the Tribes, the MDNR, or the United States.

2. Assessment fishing may also be conducted by commercial fishers under

permit from CORA or the State, provided that such assessment has been reviewed by the TFC. Such assessment fishing by commercial fishers, except that conducted by the United States, shall be limited by the following, except as otherwise approved by the parties:

a. The commercial assessment harvest shall be included in the total

annual harvest of fish taken from a lake trout or whitefish management unit, as the case may be.

b. State-licensed commercial fishers shall not be permitted to conduct

assessment fisheries in areas otherwise closed to State-licensed commercial fishers.

c. Tribal commercial fishers shall not be permitted to conduct assessment

fisheries in areas otherwise closed to Tribal commercial fishing under section IV.C.

d. If an assessment conducted by commercial fishers will (1) harvest a

species in an area where commercial fishing for that species is prohibited or (2) utilize gill nets in an area where the commercial use of such gear is otherwise prohibited, the assessment shall be limited to a single operation using no more than 6,000 feet of large mesh gill net, small mesh gill net, or graded mesh gill net, as appropriate.

3. Assessment fishing may include assessment of commercial harvest

opportunities or other matters not strictly biological, and sale of the catch may be authorized.

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C. Information to be Gathered. The TFC shall gather the following information and ensure that the biological and other information necessary for effort-based management decisions shall be available to the parties:

1. Harvest information from commercial, subsistence, and recreational fishers

and from wholesale fish dealers. 2. Age composition. 3. Length/weight composition. 4. Maturity/sex ratio. 5. Sea lamprey wounding and other lamprey-related data. 6. Agency assessment indexing, such as bycatch per unit of effort. 7. Fish stocking activities and plans. 8. Fish diet. 9. Fish health factors such as disease, contaminants, and nutritional

deficiencies (e.g., thiamine). XVII. JURISDICTION AND ENFORCEMENT.

A. Courts. Except as provided in section IV.A.2.d.(3), the courts of the Tribes shall have exclusive jurisdiction over enforcement of Tribal laws or regulations governing the fishing activities of Tribal members in 1836 Treaty waters. The State shall not enforce its fishing laws and regulations against Tribal members engaged in fishing activity within the 1836 Treaty waters. The State shall not require State registration of boats used for Tribal treaty fishing activity within 1836 Treaty waters.

B. Enforcement Efforts.

1. The State and the Tribes shall provide, support, and maintain adequately equipped law enforcement personnel and resources to provide for protection of the resource, insure regulatory compliance, prevent harassment and vandalism, and maintain public confidence.

2. Law Enforcement Committee.

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a. Creation. There is established a Law Enforcement Committee as the primary body for consultation and collaboration on enforcement issues under this Decree.

b. Membership. The Law Enforcement Committee shall be composed of

the chief law enforcement officer or designee of each Tribe and the chief law enforcement officer or designee of the MDNR. In the event that the Bureau of Indian Affairs shall provide conservation law enforcement services to any of the Tribes, the Michigan Agency’s chief law enforcement officer or designee shall also be a member.

c. Ex officio members. One (1) or more representatives from the

USFWS, the United States Coast Guard, the United States Department of Justice, the Bureau of Indian Affairs, the Ontario Ministry of Natural Resources, and any other law enforcement agency deemed necessary may serve as ex officio members of the Committee. Ex officio members may provide information and assistance to the Committee, but shall not vote.

d. Advisory Group. There shall be established an Advisory Group

composed of one (1) non-governmental citizen of each Tribe and one (1) non-Tribal member non-governmental citizen representative for each of the Great Lakes comprising 1836 Treaty waters. Members of the Advisory Group shall be appointed by the Law Enforcement Committee. Members of the Advisory Group shall be invited to Law Enforcement Committee meetings and participate in discussions, but attendance shall be on a voluntary basis. Advisory Group members shall sign a confidentiality agreement precluding disclosure of information gathered at the Law Enforcement Committee meetings unless specific permission is granted by the Law Enforcement Committee to release information from the meeting.

e. Functioning of Law Enforcement Committee.

(1) The Law Enforcement Committee shall attempt to shape consensus on the matters and issues before it.

(2) The Committee shall appoint one (1) of its members as Chair

each year. The Chair shall be responsible for scheduling meeting locations, taking suggestions for agenda items, preparing and disseminating meeting agendas prior to meeting dates, and such other duties as the Committee shall decide.

(3) Law Enforcement Committee meetings shall be sponsored by the

member agencies on a rotating basis.

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f. Law Enforcement Committee Duties.

(1) Each of the Tribes and the State shall commit one (1) position as available to work with a mutual-aid enforcement team pool each year. The team shall engage in group patrols at least eight (8) times per year. Patrols shall be scheduled by the Law Enforcement Committee.

(2) Annual work plans shall be created. Annual objectives in such

plans shall address at minimum the following:

(a) Public safety issues; (b) Enforcement priorities; (c) Standardized report forms; (d) Coordination of shared resources; (e) Identification of training needs and the provision of

identified training; (f) Protection of commercial gear from theft and vandalism; (g) Identification of areas of special law enforcement concerns;

and (h) Sharing of enforcement information.

(3) Meetings:

(a) The Law Enforcement Committee shall meet four (4) times yearly, each January, April, July, and October, and at such other times as the Chair receives a request from a member to schedule a meeting.

(b) Each meeting agenda shall include at minimum the

following:

i. Review and evaluation of the work plan and the activities of each member organization under the plan;

ii. Revision as necessary of the work plan; iii. Sharing of case disposition information from the

period since the last meeting of the Committee;

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iv. Review, evaluation, and forwarding with

recommendations to CORA and MDNR of field suggestions for regulatory changes; and

v. Review and evaluation of field suggestions for

training needs.

(c) The first meeting of the year shall also include:

i. Preparation of the annual work plan; ii. Review of summary reports of all law enforcement

activities of member agencies of the Committee during the previous year;

iii. Review of training completed the previous year and of

proposed training for the current year; and iv. Review of the status of current law enforcement

resources and those to be made available during the current year.

(d) The April agenda shall also include at a minimum the

compiling, publishing, and disseminating to member agencies of a summary report of the information contained in the standardized report forms.

(4) The Law Enforcement Committee shall investigate and

recommend to CORA and MDNR improvements in marking and identification of fishing gear and equipment.

(5) Standard Complaint Handling Mechanism.

(a) A standard complaint handling mechanism shall be established.

(b) A twenty-four (24) hour, toll free "hotline" shall be

established for complaint calls relating to violations of fishing regulations, harassment of fishers, vandalism of fishing gear, and related matters. The "hotline" shall be monitored year round by the MDNR Report All Poaching communications room operator. The "eight hundred" ("800") line shall be funded by CORA.

64

(c) Each agency shall provide regularly updated call-out lists to expedite dispatch of complaints.

(d) Complaints shall be dispatched by radio, telephone, or other

electronic means to the officer closest to the complaint location, and shall be followed by a printed complaint form sent to the officer to whom the complaint was dispatched, and also to the agency licensing the subject involved in the complaint. It shall be the officer's responsibility to complete and return the complaint form to his or her agency and to contact the complainant listed on the form to advise that the complaint has been handled.

(6) The Law Enforcement Committee shall develop and implement a

standardized information system that shall allow the sharing of patrol plans, patrol activity records, patrol actions, and other law enforcement information, accessible to all authorized enforcement personnel, on as close to a real-time basis as necessary.

(7) The Law Enforcement Committee shall develop and implement a

common communications protocol for use between agencies. (8) Each law enforcement agency enforcing the Tribal Code shall

have written policies and procedures for investigating complaints made against officers enforcing the Tribal Code which shall include a written report to the complainant of disposition of the complaint.

3. Conservation officers of the MDNR may enforce the Tribal Code and any

additional regulations of the Tribes pertaining to the fishery in 1836 Treaty waters.

4. The Tribes shall provide to the MDNR documentation of each person issued

a commercial fishing license under 25 C.F.R. Part 249, a commercial fishing permit, or a subsistence fishing license.

5. The Sault Tribe shall dedicate at least one and one-half (1.5) full time

officers at St. Ignace for enforcement of commercial fishing regulations under this Decree, the Tribal Plan, and the Tribal Code, including patrols in the area between St. Ignace and Alpena. Bay Mills shall dedicate at least one-half (0.5) full time officer to this effort.

XVIII. EXECUTIVE COUNCIL.

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A. There is created an Executive Council which shall consist of the chairpersons of the Tribes, the Director of the MDNR, and the Secretary of the Interior, or their duly authorized representatives.

B. The Executive Council shall meet and confer as necessary, but in no event less

than annually, to review the status of the fishery resource, the implementation of this Decree, and any other matters appropriate for consideration by the parties at the policy level.

C. The Executive Council shall provide a forum for policy-level discussion and

consultation, but it shall not have any decision-making authority unless otherwise expressly agreed by all of the parties.

XIX. DISPUTE RESOLUTION.

Any dispute arising out of or relating to this Decree shall be resolved by the procedures set forth in this section. A. Negotiation.

1. It is the intent of the parties that any dispute be resolved informally and promptly through good faith negotiations among the parties. Should any dispute or controversy arise, the steps outlined in this subsection will immediately be taken. However, matters identified in this Decree as requiring consent or agreement of all the parties shall not be subject to dispute resolution under this section.

2. If the dispute involves any matter within the tasks or responsibilities of the

TFC, the party raising the dispute shall first bring the matter before the TFC for discussion and an attempt to achieve consensus. If the TFC has not previously had the matter before it for discussion, the TFC shall be convened to discuss the dispute upon at least fifteen (15) days written notice to the members setting forth the particulars of the dispute. If the TFC fails to reach consensus on the matter, or if consensus on components of the dispute within the purview of the TFC does not resolve the entire dispute, any party may proceed with the next step in dispute resolution under this section.

3. Any party may initiate negotiation proceedings by sending written notice to

all other parties setting forth the particulars of the dispute, the provision of this Decree involved, and a suggested resolution of the problem. The recipient parties involved in the dispute must respond within ten (10) days of receipt with an explanation and response to the proposed solution, which response shall be sent to all other parties.

66

4. If correspondence does not resolve the dispute, the parties involved in the dispute and any other parties who desire to attend shall meet on at least one (1) occasion within fifteen (15) days after the response by the recipient parties and attempt to resolve the matter. If such a meeting does not produce a resolution, the parties may proceed with mediation or judicial resolution as further provided in this section.

B. Mediation. If the dispute is not resolved by informal negotiations among the

parties within fifteen (15) days or any mutually agreed extension of time after the first meeting of the parties, the parties may agree to attempt to resolve the matter by mediation. Unless the parties agree to a different mediation procedure, voluntary facilitative mediation shall be conducted as provided in W. D. Mich. L. R. 16.3.

C. Judicial Resolution.

1. If the parties do not agree to resolve the matter by mediation, or if mediation attempts are unsuccessful, a party or parties may seek relief from the Court as provided by the Federal Rules of Civil Procedure and the Local Rules of the Western District of Michigan.

2. A party desiring to initiate judicial resolution of the dispute shall file a

notice pleading with the Court containing a concise description of the matters in dispute, certification that the party seeking relief has complied with the dispute resolution procedures of this Decree, and a description of the relief requested. The other parties may file a responsive pleading within thirty (30) days.

3. Unless the parties agree that the dispute can be resolved by motion without

the need for discovery or an evidentiary hearing, they shall request a scheduling conference under W.D. Mich. L.R. 16.1 to establish a timetable for disposition of the dispute.

4. In the event of an emergency involving this Decree posing a threat of

immediate irreparable harm to the resource or a party, a party may seek immediate or temporary relief under Fed. R. Civ. P. 65 and applicable local court rules without following the procedural steps set forth in this section.

5. Except as provided in the CORA Charter and Tribal Plan, the Tribes have

not agreed to any restrictions upon their treaty rights other than those contained in this Decree. Accordingly, except as otherwise provided in section XXI.B. in all disputes brought before the Court, the Court shall grant relief against the Tribes only if their disputed action or failure to act violates:

a. A provision of this Decree; or

67

b. The standards applicable to the regulation of Indian treaty fishing

rights. XX. FINANCIAL AND OTHER COMMITMENTS.

A. Financial Commitments.

1. State Contributions. Subject to appropriation, the State shall contribute funding to the Tribes in the sum of $16,225,000, to be used as follows:

a. The sum of $14,300,000 for the purposes stated below. In the event

that the State fails to fulfill its obligations under this subsection a., the Tribes, acting through GLRC, may void this Decree upon not less than sixty (60) days' prior written notice to the other parties.

(1) $12,415,000 to be placed in an escrow account as provided in

section X.C.3.g.(1) to acquire the vessels and equipment and the surrender of licenses of certain State-licensed commercial fishers in whitefish management unit WFM-01 for the purposes provided for in sections X.A. and X.B.

(2) $1,400,000 to the Sault Tribe to fund special circumstances

conversions approved by the State as provided in sections X.A.4. and X.C.2.b.

(3) $175,000 to the Sault Tribe to fund consultants for the trap net

conversion operations of its Tribal fishers as provided in section X.A.3., of which Sault Tribe shall provide to Grand Traverse $30,000 per conversion for up to two (2) conversions of Grand Traverse fishers.

(4) $250,000 to Little Traverse which the Tribe shall use for the

development of access and docking sites. (5) $60,000 to Little Traverse to fund consultants for its trap net

operations as provided in section X.A.3.

b. The sum of $1,925,000 for Little River which the Tribe shall use for one (1) or more of the following purposes in its discretion:

(1) Acquisition, or assistance of Tribal members in the acquisition,

of trap net operations, including vessels and gear, and consultants to train Tribal members in the use of such vessels and gear;

68

(2) Acquisition, or assistance of Tribal members in the acquisition, of consultants to train Tribal members in the use of small mesh gill net operations;

(3) Payment of operating costs of assessment and law enforcement

activities, including costs for personnel, equipment, fuel, maintenance, and dock space;

(4) Acquisition, or the assistance of Tribal members in the

acquisition, of charter boat operations, including fishing gear and vessels;

(5) Construction of a dock, suitable road access, and support

buildings for authorized commercial fishing operations and for fisheries management, assessment, and law enforcement, and the equipment and furnishing of such facilities at or near Manistee;

(6) Construction of a dock and support buildings for authorized

commercial fishing operations on the White Lake channel access site described in section XX.B.1.; and

(7) Acquisition of suitable law enforcement and assessment vessels

and associated gear and equipment, to the extent the Tribe finds that the vessels, equipment, and gear provided by the State under sections XX.B.2. and XX.B.3. are inadequate for these purposes.

Because the funding provided under this subsection is not expected to be sufficient to fulfill all of the purposes set forth in this subsection b., Little River may use funding obtained under section XX.A.2. or funding obtained from other sources for any such purposes. In the event that the State does not provide the funding set forth in this subsection b. to Little River within sixty (60) days after the effective date of this Decree, Little River may void all restrictions in this Decree on the use of large mesh gill net operations in the Little River Tribal Zone described in section IV.A.1.f. and the Lake Michigan Southern Development Zone described in section IV.A.1.g. by written notice to all other parties of its election to do so.

2. Federal Contributions.

a. Subject to Congressional appropriation, the Department of the Interior shall provide $8,250,000 in funding to be distributed and used as follows:

(1) $1,000,000 to each of the Tribes for 1836 Treaty waters fishing-

related activities, including enforcement, training, and access;

69

(2) An additional $1,000,000 each to Little River and Little Traverse

for the purposes stated in sub. (1), above; (3) An additional $1,000,000 to Grand Traverse which the Tribe

shall use for the following purposes in its discretion:

(a) Acquisition or construction of fisheries-support buildings and/or access to implement this Decree. If an access site is acquired with these monies, the other Tribes which are parties to this Decree shall be allowed to use the site for access to the extent access is available. Grand Traverse shall have the first priority to utilize the available access at such site; or

(b) Assistance to current Tribal fishers in the acquisition or

maintenance of commercial fishing related gear, equipment, vessels, and training to implement this Decree, or assessment, stocking, and/or hatchery development; provided, that the use of these funds does not significantly increase new fishing effort in Lake Michigan.

(4) The sum of $250,000 for Little Traverse which the Tribe shall

use for the development of access and docking sites.

b. Funds provided under sub. a., above, shall not relieve the existing responsibility of the Department of the Interior for the continued support of Tribal programs.

c. In the event that the funding described is sub. a., above, is not

appropriated by the end of federal fiscal year 2002, the Tribes may jointly move the Court to void this Decree.

3. In the event that this Decree is voided under sub. 1.a. or 2.c., above, the

matter shall revert to the judicial process and the parties shall request a scheduling conference under W.D. Mich. L.R. 16.1 to establish a timetable for disposition of the resulting dispute.

B. Other Commitments.

1. The State and Little River shall enter into an agreement under which the State shall provide to Little River for the life of this Decree the use of a State-owned parcel on White Lake channel, formerly used by the United States Coast Guard, as an access site for Tribal fishing operations, at no charge to the Tribe.

70

2. The State shall provide one (1) assessment vessel and gear each to Little River and Little Traverse for use in such Tribes’ fisheries assessment work. The vessels shall meet all applicable standards for safety and seaworthiness, and the gear shall be in good usable condition. These vessels and gear shall not be used for commercial fishing with large mesh gill nets.

3. The State shall provide to Little River one (1) vessel suitable for law

enforcement use. The vessel shall meet all applicable standards for safety and seaworthiness.

4. The State shall provide four (4) small mesh gill net operations, three (3) to

Little River and one (1) to Little Traverse, including vessels and gear, which may be obtained by the State from the conversion program described in section X.C. The vessels shall meet all applicable standards for safety and seaworthiness, as evidenced by a marine inspection, and the gear shall be in good usable condition.

5. Fish Distribution Study. Notwithstanding any other provision of this

Decree, Little River may undertake a fish distribution study during the last five (5) years of this Decree, in the Little River Tribal Zone described in section IV.A.1.f. and the Lake Michigan Southern Development Zone described in section IV.A.1.g.

a. The study shall initially be performed with two (2) vessels, with up to

6,000 feet of large mesh gill net per vessel. If the Tribe determines that it is not obtaining sufficient data to meet the study's goals with this amount of effort, it may petition the TFC for authorization to increase effort to up to two (2) vessels with up to two (2) gangs of 6,000 feet of large mesh gill net for each vessel. If the TFC does not reach a consensus approving the Tribe’s request, the Tribe may invoke the dispute resolution process to obtain a determination whether additional feet of effort are needed, and may increase effort upon receipt of a favorable determination. The Tribe shall have the burden of establishing that additional feet of effort are needed, before the TFC and in the dispute resolution process.

b. The State shall provide onboard monitoring for twenty percent (20%)

of the study. The Tribe and USFWS will be responsible for providing onboard monitoring for the remainder of the study.

XXI. RECONSIDERATION.

A. Any party may request reconsideration of this Decree or any relevant section or portion of it in the event that any of the following circumstances occurs:

71

1. Unforeseen changes in circumstances arise not resulting from the fault of the requesting party that significantly frustrate a purpose of this Decree.

2. Material changes in circumstances arise not resulting from the fault of the

requesting party that significantly frustrate a purpose of this Decree. 3. One or more of the major assumptions upon which the lake trout

management regime contained in section VII. is premised proves to be or becomes materially incorrect through no fault of the requesting party, and as a consequence the requesting party has suffered a material and adverse change in fishing opportunity.

B. If a party wishes to request reconsideration under this section, it must provide a

written statement of the basis for reconsideration to all other parties. The matter shall then proceed under the dispute resolution provisions of section XIX. In such dispute resolution, if the Court determines that one of the circumstances described in sub. A., above, is present, the Court shall fashion relief under applicable Indian treaty rights law, including, but not limited to, the conservation and allocation principles under the 1836 Treaty. However, in fashioning relief, the Court shall consider the intent of the parties as reflected in this Decree and shall preserve the basic structure of this Decree and its benefits and obligations for all of the parties to the maximum extent practicable.

XXII. DURATION.

A. This Decree shall take effect upon its entry by the Court; provided, that there shall be no change in current regulations applicable to Tribal fishers until thirty (30) days after entry of this Decree or the adoption by CORA of the Tribal Code, whichever shall first occur. The Decree shall expire on the twentieth (20th) anniversary of its entry.

B. Upon expiration of this Decree, or if earlier terminated for any reason, the

provisions, restrictions, and conditions contained in it shall no longer govern the parties in any manner.

XXIII. DISCLAIMERS.

Neither this Decree nor the Tribal Plan is intended to identify, nor does either define, the maximum extent of the legal entitlement or authority of any of the parties under the 1836 Treaty or existing law. The allocation of harvest opportunities between the Tribes and the State, and the restrictions imposed by this Decree upon harvest, shall be effective for the duration of the Decree. The parties reserve all rights and claims they may have against each other with respect to regulatory issues or the allocation of harvest opportunities in the future, and nothing in this Decree shall limit, prejudice, or

72

otherwise affect the assertion of such rights or claims upon expiration of the Decree, or create a precedent for future allocation or regulation. Any use or construction of this Decree to limit, prejudice, or otherwise affect such rights or claims or to use such as precedent is unauthorized and improper.

XXIV. ATTORNEY FEES AND COSTS.

Each party shall be responsible for its own expenses incurred in procuring this Decree, including responsibility for its own attorney fees and costs.

XXV. CONTINUING JURISDICTION.

The Court shall retain continuing jurisdiction over this case for purposes of enforcing this Decree, the Tribal Plan, and the CORA Charter.

RICHARD ALAN ENSLEN Chief Judge DATED at Bay Mills Indian Reservation, MI:

1

Map 1. Consent Decree: sections VII.A.; VII.C.1.b.

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1304 1305 13061307 1308

1205 1206 1207 1208 1209

1105 1106 1107 1108 1109 1110

1005 1006 1007 1008 1009 1010

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Naubinway

Brevort

Manistee

Frankfort

Ludington

Pentwater

Grand Haven

Muskegon

Mackinaw City

Empire

Whitehall

Leland

Cedar River

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Figure 1. Lake Michigan Statistical Districts and Lake Trout Refuges (Smith, Buettner and Hile 1961, modified to conform to grid lines) (Sec. VII.A.).

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August 3, 2000Version 3.0

20 0 20 40 MilesMaps for general reference only: refer to text of Consent Decree for specific provisions.

Statistical Grid

Statistical District

State of Michigan Boundary

Lake Trout Refuge - Area description: Sec. VII.C.1.b. Fishing allowed pursuant to provisions of Decree.

2

Map 2. Consent Decree: sections VII.A.; VII.C.1.a.

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Figure 2. Lake Huron Statistical Districts and Lake Trout Refuge (Smith, Buettner, and Hile 1961, modified to conform to grid lines) (Sec. VII.A.).

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20 0 20 40 Miles

Maps for general reference only:refer to text of Consent Decree for specific provisions.

Statistical Grid

Statistical District

State of Michigan BoundaryLake Trout Refuge - Area description: Sec. VII.C.1.a. Fishing allowed pursuantto provisions of the Decree.

3

Map 3. Consent Decree: section VII.A.

Figure 3. Lake Superior Lake Trout Management Units (Hansen [ED.] 1996) (Sec. VII.A.).


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812 813 814 815 816 817 818 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838839

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102610271028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043

1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 11451146

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Statistical Grid


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Map 4. Consent Decree: section VIII.A.

20 0 20 40 Miles August 3, 2000Version 3.0

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Figure 4. Lake Michigan Whitefish Management Units (Sec. VIII.A.).

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1802 1803 1804 18051806 1807 1808 1809

1703 1704 1705 1706 1707 1708 1709

1603 1604 1605 1606 1607 1608

714

1503 1504 15051506

1507 1508

1403 1404 14051406

1407 1408 1409

1304 1305 13061307 1308

1205 1206 1207 1208 1209

1105 1106 1107 1108 1109 1110

1005 1006 1007 1008 1009 1010

716

212

1309

712

1509

507

1702

901

213

1609

315

2402

1810

2202

1210

2302

306

703

219

415

211

2410

1303

518

804

1001

2111

815715

2102

116

706

2707

2011

1004

816

606

2211

319

1602

418

309

1011

405

117

11111911

813

912

2609

1710

2311

115

320

1410

916

118

15101310

2708

519

915

419

814

220

1211

504

Nahma

Escanaba

Petoskey

Harbor Springs

Charlevoix

Traverse City

Naubinway

Brevort

Manistee

Frankfort

Ludington

Pentwater

Grand Haven

Muskegon

Mackinaw City

Empire

Whitehall

Leland

Cedar River

Maps for general reference only: refer to text of Consent Decree for specific provisions.


Whitefish Management Unit

Statistical Grid

5


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210

618

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425

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411

211 212

927926925920919918917916915

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827

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826825824823819818817816815814813

727

812811

726725724723718717716715714713712711

626625624623622621620617616615614613612611610

525524520 523522521

710

515514513512511510

924

509508507

424

506

423422421410409408407406405404

609

214

910

302

929

303

722

820

928810

505

1915

304

321

516

412

608

526

729

627

420

921

306

719

1129

215

305

216

829

207

319

1916

1818181718161815

320 322

1718171717161715

1618161716161615

1310

1607

15181517151615151508

1418141714161415141414101409

132013181317131613151314131313121311

121912181217121612151214121312121211

112011191118111711161115111411131112

1027

1111

10221020101910181017101610151014101310121011

1917

1514

403

1507

1122

822

1210

14131411

413

1509

1026

1608

1028

1220

1128

307

1110

313

720

217

323

402

2016

1309

208

107

2015

308

930

721

108

324

1719

1010

1025

619607

1614

1819

317

414

1127

1419

206

1412

1619

14081519

1606

1918

517

923

519

1029

709

1714

109

316

1024909

105

314

418

218

1030

311 325301

310309

1506

629

312 318

809

315

1321

110

205

527

1708

518

1221

1126

419416

1609

415

1023

1814

104

2017

106

202

1510

730

504

401

219

1123

628606

1513

1308

1124

1709

1919

220

931

Oscoda

Alpena

Bay Port

Bay City

Cheboygan

Port Huron

Tawas City

Port Austin

Harrisville

Rogers City

Port Sanilac

Harbor Beach

Mackinaw City

WFH-06

WFH-07

WFH-04

WFH-08

WFH-05

WFH-01

WFH-03

WFH-02

Figure 5. Lake Huron Whitefish Management Units (Sec. VIII.A.).

N

EW

S


20 0 20 40 Miles

Statistical Grid




6


Figure 6. Lake Superior Whitefish Management Units. Sec.VIII.A.

N

EW

S


20 0 20 40 60 Miles

Statistical Grid




#

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#

#

#

#

#

#

#

##

WFS-02

WFS-01 WFS-05

WFS-00

WFS-04WFS-06

WFS-07WFS-03WFS-08

L'Anse

Brimley

Paradise

Munising

Marquette

Ontonagon

Jacobsville

Grand Marais

Copper Harbor

Au Sable Point Sault Ste Marie

Black River Harbor

126

129

222226

227 229 230 233 234 235

322323

325 326 327 328 329 330 333 334

421 422 424 425 426 427 428 429 430 431 432 433 434 435 436

518 519 524 525 526 527 528 529 530 531 532 533 534 535 536

618 623

0

624 625 626 627 628 629 630 631 632 633 634 635 636

714715 716 717 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744

812 813 814 815 816 817 818 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838839

840 841 842844

908909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 927 928 929 930 931 932 933 934 935 936 937 938 940 941 942

9441008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023

1024

102610271028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043

1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 11451146

1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 12181223

1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 12451302 1304 1305 1307 1308

1309 13101311 1312 1313 1314 1317 13181323 1324 1325 1326

1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 13461402 1403 1404 1405

1411 1412 1414 14231429 1430 1431 1432 1433 1434 1435 1436 1438 1439 1440 1441

1442 14431445

14471510 1511 1512

1532 1533 1534 15351536

1545

1632 16331634 1645 16460

223

320

419 423

619 637

811

1007

1045

11251122

1106

1121

1413

14241327

1444

1347

154615441530 1531

1644

926925

1316

720721

819

125

128127124

225 228231 232

335324 331 332 336

418

520

420

521 523537

0

621622

522

617

718

620

719

939

843

943

1044

13031219 1220

1306

13151401

1410

1428 14461509

1409

1437

1647

1529

7

Map 7. Consent Decree: sections IV.A.1.a.; IV.A.1.b.; IV.A.1.c.; IV.A.1.d.; IV.A.1.e.; IV.A.1.f.; IV.A.1.g. Maps: 7.a.; 7.b.; 7.c.

Figure 7. Lake Michigan Tribal Fishing Zones.



20 0 20 40 Miles

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#

#

#

#

#

#

#

#

#

#

#

308

607

806

906 907908

909 910

605

807 808 809 811810

708707 709 711710704

608 611 614609 610 612 613

406

506 516511509 515510 512

417414411407 410 413412

317311

514

312

905

318

218217216

313

508

416

215

505

314

513

408

316

517

713

803

615

409

604

902

310

1204

911

616

802812

214

1104

1902 1903 1904 1905 1906 1907 1908 1909 1910

1802 1803 1804 1805 1806 1807 1808 1809

1703 1704 1705 1706 1707 1708 1709

1603 1604 1605 1606 1607 1608

714

1503 1504 15051506

1507 1508

1403 1404 14051406

1407 1408 1409

1304 1305 1306 1307 1308

1205 1206 1207 1208 1209

1105 1106 1107 1108 1109 1110

1005 1006 1007 1008 1009 1010

716

212

1309

712

1509

507

1702

901

213

1609

315

1810

1210

306

703

219

415

211

1303

518

804

1001

815715

116

706

1004

816

606

319

1602

418

309

1011

405

117

11111911

813

912

1710

115

320

1410

916

118

15101310

519

915

419

814

220

1211

504

Nahma

Escanaba

Petoskey

HarborSprings

Charlevoix

Traverse City

Naubinway

Brevort

Manistee

Frankfort

Ludington

Pentwater

GrandHaven

Muskegon

Empire

Whitehall

Leland

Cedar River


Statistical Grid

Northern Lake Michigan Inter-Tribal Fishing Zone - Area description: Sec. IV.A.1.a.Open to commercial fishing pursuant to provisionsof Decree.

Bay de Noc Trap Net Zone - Area description: Sec. IV.A.1.b. Open to commercial fishingpursuant to provisions of Decree. See also Figure 7a.

Little Traverse Tribal Zone - Area description:Sec IV. A. 1.c. Open to commercial fishing pursuant to provisions of Decree. See also Figure 7b.

Lake Michigan Northern Development Zone - Area description: Sec. IV.A.1.d. Open tocommercial fishing pursuant to provisions of Decree.

Grand Traverse Tribal Zone - Area description:Sec. IV.A.1.e. Open to commercial fishing pursuant to provisions of Decree. See also Figure 7c.

Little River Tribal Zone - Area description: Sec. IV.A.1.f. Open to commercial fishing pursuant to provisions of Decree.

Lake Michigan Southern Development Zone - Areadescription: Sec. IV.A.1.g. Open to commercial fishing pursuant to provisions of Decree.

N

EW

S

MackinawCity

8

Map 7.a. Consent Decree: sections IV.A.1.b.; IV.C.4.; VIII.C.1.e.(1)(b).

#

#

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##

# #

308

406

506511509 510

411407410

311

508505

408 409

310

507

306

211

309

405

504

Summer Is.

Washington Is.

St. Martin Is.

Peninsula Point

Mouth of Ford River

Mouth of Escanaba River

Center of Shipping Channel

Nahma

Garden

Fayette

Escanaba

Fairport

Gladstone

Cedar River

Negotiated Fishing Boundary

Area closed to all commercial fishingpursuant to Sec. IV.C.4.

Commercial perch fishing pursuant to Sec. VIII.C.1.e.(b)

Area open to Tribal trap netcommercial fishing pursuant to provisions of Decree.

Figure 7a. Bay de Noc Tribal Trap Net Zone Detail (Sec. IV.A.1.b.).

N

EW

S


5 0 5 10 MilesMaps for general reference only:refer to text of Consent Decree for specific provisions.

9

Map 7.b. Consent Decree: sections IV.A.1.c.; IV.C.2. Maps: 14.; 17.; 17.c.

#

#

#

#

#

#

#

#

516515

417414

317

514

318

416

314316

517

315

415

518

319

418

519

419

Beaver Is.

Petoskey

Charlevoix

Cross Village

Harbor Springs

Townline RoadNine Mile Point

Seven Mile Point

Stuttsmanville Road Tower

Area closed year round to all commercial fishing pursuant to Sec. IV.C.2.

Area open to trap nets year round and seasonal large mesh gill nets pursuant to Sec. IV.A.1.c. and other provisions of Decree.

Area open year round to trap nets pursuantto provisions of Decree.

Area open to trap nets and large mesh gill nets year round pursuant to provisions of Decree.

Figure 7b. Little Traverse Tribal Zone Detail (Sec. IV.A.1.c.). See also perch area detail maps, Figures 17, 17c, and salmon areadetail map, Figure 14.

N

EW

S



10

Map 7.c. Consent Decree: sections IV.A.1.e.; IV.A.1.e.(2); IV.A.1.e.(2)(b); IV.C.3. Maps: 15.; 17.; 17.a.

#

#

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#

#

#

#

#

#

910

811810

711710

611614

610 612 613

713

615

911

616

812

714

1010

716712

815

715

816

1011

813

912916915

814

N. Manitou Is.

S. Manitou Is. Leland

Empire

Norwood

Arcadia

Frankfort

Charlevoix

Glen Haven

Suttons Bay

Traverse City

Area closed year round to all commercial fishing pursuant to Sec. IV.C.3.

Area open to trap nets and gill nets year round pursuant to Sec. IV.A.1.e.(2) and other Decree provisions.

Area open to trap nets only year round.

Area open to large mesh gill nets pursuant to Sec. IV.A.1.e.(2)(b) and other Decree provisions.

Area open to large mesh gill nets pursuant to Sec. IV.A.1.e.(2)(b) and other Decree provisions.

Figure 7c. Grand Traverse Tribal Zone Detail (Sec. IV.A.1.e.). See also perch and walleye area detail maps, Figures 17, 17a, and salmon areadetail map, Figure 15.

N

EW

S



11

Map 8. Consent Decree: sections IV.A.2.; IV.A.2.a.; IV.A.2.b.; IV.A.2.c.; IV.A.2.d.; IV.A.2.d.(3); IV.C.9. Maps: 8.a.; 8.b.; 12.; 13.; 16.; 18.

#

#

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#

210209

213

411

211 212

813812811

713712711

613612611610

710

513512511510509508507506

410409

408407

406405404

609

302 303

810

505

304

412

608

306305

207

403

413

307

313

402

208

308

607

206

709

909

311

301 310309

312

809

205

202

504

401

606

Alpena

Cheboygan

Rogers City

Mackinaw City

Hammond Bay

Figure 8. Lake Huron Tribal Fishing Zones (Sec. IV.A.2.).

Northern Lake Huron Inter-Tribal Fishing Zone - Open to commercial fishing pursuant to area description Sec. IV.A.2.a. and provisions of Decree. See also Hammond Baydetail map, Figure 8a; perch/walleye detail map, Figure 18;salmon detail map, Figure 16; Les Cheneaux detail map,Figure 13; and St. Marys River detail map, Figure 12.

Bay Mills Small Boat Zone - Open to commercial fishing pursuant to area description Sec. IV.A.2.b. and provisions of Decree. See also Hammond Bay detail map, Figure 8a.

Sault Tribe Tribal Zone - Open to commercial fishing pursuant to area description Sec. IV.A.2.c. and provisions of Decree. See also salmon area detail map, Figure 16.

Southern Lake Huron Trap Net Zone - Open to commercial fishing pursuant to area description Sec. IV.A.2.d. and provisions of Decree. See also Hammond Bay detail map, Figure 8a; and Southern Lake Huron Trap Net Zone detail map, Figure 8b.

Hammond Bay and Rogers City Harbor closure - Area description and provisions in Sec. IV.C.9.

Area open to tribal trap nets via state permit pursuant to area description Sec. IV.A.2.d.(3) and other provisions of Decree.

State of Michigan boundaryAugust 3, 2000Version 3.0


N

EW

S

10 0 10 20 Miles

12

Map 8.a. Consent Decree: sections IV.A.2.a.(2); IV.A.2.b.(2); IV.C.9.a.

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#506505

504

606

Rogers City

Bell Landing

Hammond BayHarbor of Refuge

Figure 8a. Hammond Bay Area Detail (Sec. IV.C.9.a.).

N

EW

S


Portion of Northern Lake Huron Inter-Tribal Fishing Zone open to commercial fishing pursuant to area description and provisions in Sec. IV.A.2.a.(2)

0.5 mile harbor closure

Bay Mills Small Boat Zoneopen to small boat large mesh gill net operations onlypursuant to area description and provisions in Sec. IV.A.2.b.(2)

0.3 mile harbor closure 4 0 4 8 Miles


13

Map 8.b. Consent Decree: sections IV.A.2.c.; IV.A.2.d.(2); IV.A.2.d.(3); IV.C.9.b.

#

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813812811

713712711

613612611610

710

513512511510509508507506

609

810

608607

709

809

606

Rogers City

North Point

oy

Figure 8b. Southern Lake Huron Trap Net Zone Detail (Sec. IV.A.2.c.).

N

EW

S


Area open to commercial fishing pursuant to area description and provisions in Sec. IV.A.2.d.(2)

Area open to Tribal trap nets pursuant to area description and provisions in Sec. IV.A.2.d.(3)

Rogers City 2 mile harbor closure pursuant to area description and provisions in Sec. IV.C.9.b.


10 0 10 20 Miles


14

Map 9. Consent Decree: sections IV.A.3.a.; IV.A.3.b.; IV.B.1.a. Maps: 9.a.; 9.b.

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## Paradise

Sault Ste Marie

Brimley

Grand Marais

Munising

Marquette

L'Anse

Jacobsville

Copper Harbor

Ontonagon

Black River Harbor

126

129

222226

227 229 230 233 234 235

322323

325 326 327 328 329 330 333 334

421422 424 425 426 427 428 429 430 431 432 433 434 435 436

518 519 524 525 526 527 528 529 530 531 532 533 534 535 536

618 623

0

624 625 626 627 628 629 630 631 632 633 634 635 636

714715 716 717 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744

812 813 814 815 816 817 818 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838839

840 841 842 844

908909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 927 928 929 930 931 932 933 934 935 936 937 938 940 941 942

9441008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 10231024

102610271028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043

1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 11451146

1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 12181223

1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 12451302 1304 1305 1307 1308

1309 13101311 1312 1313 1314 1317 13181323 1324 1325 1326

1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 13461402 1403 1404 1405

1411 1412 1414 14231429 1430 1431 1432 1433 1434 1435 1436 1438 1439 1440 1441

1442 14431445

14471510 1511 1512

1532 1533 1534 15351536

1545

1632 16331634 1645 16460

223

320

419 423

619 637

811

1007

1045

11251122

1106

1121

1413

14241327

1444

1347

154615441530 1531

1644

926925

1316

720721

819

125128127

124

225 228231 232

335324 331 332 336

418

520

420

521 523537

0

621622

522

617

718

620

719

939

843

943

1044

13031219 1220

1306

13151401

1410

1428 14461509

1409

1437

1647

1529 Au Sable Point

Figure 9. Lake Superior Tribal Fishing Zones (Sec. IV.B.1.A.). See also Zone Boundary Detail, Figure 9a and MI-8 detail map, Figure 9b.

N

EW

S


Statistical Grid

Lake Superior Inter-Tribal Fishing Zone - Area description and provisions: Sec. IV.A.3.a.Western Lake Superior Trap Net Zone - Area description and provisions: Sec. IV.A.3.b.


20 0 20 40 60 Miles


15

Map 9.a. Consent Decree: sections IV.A.3.a.; IV.A.3.b.

Figure 9a. Lake Superior Tribal Fishing Zones Boundary Detail.



#

1532 1533 15341535

1633

1632

1634

1531

Munising

GrandIsland

#

#

# ChristmasAu Train

Au TrainPointN

EW

S

Statistical Grid

Lake Superior Inter-Tribal Fishing Zone - Area description and provisions: Sec. IV.A.3.a.Western Lake Superior Trap Net Zone - Area description and provisions: Sec. IV.A.3.b.

2 0 2 4 Miles

16

Map 9.b. Consent Decree: sections IV.A.3.a.; VII.D.; VIII.C.1.d.(1)(c); VIII.C.1.e.(1)(f).

#

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#

1242 1243 1244 1245

1342 13431344

1345

1346

14421443

1445

1447

1545

16451646

1444

1347

15461544

1644

1446

1647

Paradise

Sault Ste Marie

Brimley

Figure 9b. Lake Superior Management Unit-MI-8 detail; lake trout harvest pursuant to Sec.VII.D.

N

EW

S


5 0 5 10 Miles

Area also open to walleye and perch harvest pursuant to area description and provisionsin Sec.VIII.C.1.d.(1)(c) and Sec.VIII.C.1.e.(1)(f)

Area open to commercial fishing pursuant to Sec.IV.A.3.a.

Statistical Grid

Unit-MI-8


17

Map 10. Consent Decree: sections IV.B.1.a.

Figure 10. Lake Superior State Commercial Fishing Zones (Sec. IV.B.1.a.).


#

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#

#

925 926 937936922 924923

935933 934927 930 932931928 929

1530

143714361430 14331429 143514341431 1432

1336 13371330 13331328 13351329 13341331 1332

123612371225 12271226 1233 12351230 12341228 1229 12321231

1136 11371127 113511331130 11341128 11321129 1131

10221036 103710351033 10341030 1032

102810311029

1126

15321531 1533 1534

1327

1224

1023

1125

1027

1323

1535

1326

1529

1428

1122

13251324

1024

1026

1536

16331632 1634

1423

1223

1424

L'Anse

Munising

Marquette

Jacobsville

Au Sable Point

N

EW

S


State Commercial Fishing Zone - Munising - open tocommercial fishing pursuant to area description and provisions in Sec. IV.B.1.a.

State Commercial Fishing Zone - Marquette - open to commercial fishing pursuant to area description and provisions in Sec. IV.B.1.a.

10 0 10 20 Miles

18

Map 11. Consent Decree: sections IV.C.2.; IV.C.3.; IV.C.4.; IV.B.1.b.; IV.B.1.c.; IV.B.1.d.; IV.B.1.e.

N

EW

S

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#

#

#

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#

#

#

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308

607

806

906 907908

909 910

605

807 808 809 811810

708707 709 711710704

608 611 614609 610 612 613

406

506516511509 515510 512

417414411407 410 413412

317311

514

312

905

318

218217216

313

508

416

215

505

314

513

408

316

517

713

803

615

409

604

902

310

1204

911

616

802

2002

812

214

1104

2103 2104 2105 2106 2107 2108 2109 2110

2003 2004 2005 2006 2007 2008 2009 2010

1902 1903 1904 1905 1906 1907 1908 1909 1910

1802 1803 1804 1805 1806 1807 1808 1809

1703 1704 1705 1706 1707 1708 1709

1603 1604 1605 1606 1607 1608

714

1503 1504 15051506

1507 1508

1403 1404 14051406

1407 1408 1409

1304 1305 1306 1307 1308

1205 1206 1207 1208 1209

1105 1106 1107 1108 1109 1110

1005 1006 1007 1008 1009 1010

716

212

1309

712

1509

507

1702

901

213

1609

315

1810

1210

306

703

219

415

211

1303

518

804

1001

2111

815715

2102

116

706

2011

1004

816

606

319

1602

418

309

1011

405

117

11111911

813

912

1710

115

320

1410

916

118

15101310

519

915

419

814

220

1211

Nahma

Escanaba

Petoskey

HarborSprings

Charlevoix

Traverse City

Naubinway

Brevort

Manistee

Frankfort

Ludington

Pentwater

Grand Haven

Muskegon

Empire

Whitehall

Leland

Cedar River

504504

WFM-08

407

WFM-07

WFM-06

WFM-01

20 0 20 40 Miles August 3, 2000Version 3.0


Figure 11. Lake Michigan State Commercial Fishing Zones.

Area open to state commercial fishingpursuant to Sec. IV.B.1.b.-e.


Area closed to all commercial fishingpursuant to Sec. IV.C.2.-4.

MackinawCity


Statistical Grid

19

Map 12. Consent Decree: sections IV.C.1.

Figure 12. St. Marys River Closure (Sec. IV.C.1.).

##

##

207

306

208

206

307308

Hay Point

CherryIsland

DetourFerry Dock

Drum. Is.Ferry Dock

Drummond Island

N

EW

S

Southern Boundary of St. Marys River Closure

#

#

#

1646

1647 Sault Ste Marie, Michigan

Sugar Island

Sault Ste Marie, Ontario#

Brush Point

Point AuxPins, Ontario

N

EW

S

Northern Boundary of St. Marys River Closure

Statistical Grid

Area closed to commercial fishing pursuant to area description and provisions Sec. IV.C.1.




Statistical Grid

Area closed to commercial fishing pursuant to area description and provisions Sec. IV.C.1.


20

Map 13. Consent Decree: sections IV.C.5.; IV.C.6.

Figure 13. Lake Huron - Les Cheneaux Island Closure.

N

EW

S


#

#

#

##

##

303 304

McKay BayDudley Bay

Cube Point

Boot IslandCoats Point

Brulee Point

Point Fuyards

LaSalle Island

Whitefish Point

Mismer Bay Point

Government Island

Beaver Tail Point

Little LaSalle Island

Area closed to commercial fishing pursuant to area description and provisions in Sec. IV.C.5.

Area closed to commercial fishing pursuant to area description and provisions in Sec. IV.C.6.

Area open to trap net fishing only pursuant to area description and provisions in Sec. IV.C.5.

2 0 2 4 Miles


MarquetteIsland

21

Map 14. Consent Decree: sections VIII.B.1.; VIII.B.4.; VIII.B.5.; VIII.B.6.

#

#

#

#

#

417

317 318

517 518

319

418

320

519

419

Cross Village

Mackinaw City

Harbor Springs

McGulpin Point

Seven Mile Point

Salmon fishing is permitted pursuant to area descriptionand provisions in Sec. VIII.B.1. and Sec. VIII.B.4.-6.

Figure 14. Lake Michigan Little Traverse Bay Bands' Salmon Fishery Detail (Sec. VIII.B.1.).

N

EW

S



22

Map 15. Consent Decree: sections VIII.B.; VIII.B.2.a.; VIII.B.2.b.; VIII.B.4.; VIII.B.5.; VIII.B.6.

#

#

#

#

#

#

6142 613

516515

512

514513 517

713

615 616

714716

2

51

815

715

816

813 814

Buoy N "2"

Suttons PointBuoy C "1"

Norwood

Charlevoix

Suttons Bay

Mouth ofLeland River

Salmon fishing is permitted pursuant to area descriptionand provisions in Sec. VIII.B.2.b. and Sec. VIII.B.4.-6.

Salmon fishing is permitted pursuant to area descriptionand provisions in Sec. VIII.B.2.a. and Sec. VIII.B.4.-6.

Figure 15. Lake Michigan Grand Traverse Band's Salmon Fishery Detail (Sec. VIII.B.).

N

EW

S

August 3, 2000Version 3.05 0 5 10 MilesMaps for general reference only:

refer to text of Consent Decree for specific provisions.

23

Map 16. Consent Decree: sections IV.A.2.c.; IV.A.2.c.(1)(a); IV.A.2.c.(1)(b); VIII.B.3.; VIII.B.4.; VIII.B.5.; VIII.B.6.

Figure 16. Sault Tribe Tribal Zone (Sec. IV.A.2.C.).

N

EW

S


#

#

#

#

404

302303 304

403

402

301

202

504

401

Brulee Point

Cordwood Point

Rabbit Back Point

Hammond Bay Harbor Light

Salmon fishing is permitted pursuant to area description andprovisions in Sec. IV.A.2.c(1)(b) and VIII.B.3.-6.Salmon fishing is permitted pursuant to area description andprovisions in Sec. IV.A.2.c(1)(a) and VIII.B.3.-6.

Lake Huron Statistical Grid

5 0 5 10 Miles


24

Map 17. Consent Decree: sections VIII.C.1.d.; VIII.C.1.e. Maps: 17.a.; 17.b.; 17.c.

Area open to perch fishing pursuant to Sec. VIII.C.1.e.

Area open to perch and walleye fishing pursuant toSec. VIII.C.1.d. and Sec. VIII.C.1.e.

Area open to walleye fishing pursuant to Sec. VIII.C.1.d.

Figure 17. Lake Michigan Tribal Commercial Perch and Walleye Fishing Areas (Sec. VIII.C.1.d. and VIII.C.1.e.). See also Figures 17a-c.

N

EW

S


#

#

#

#

#

#

#

#

#

#

#

#

##

#

#

#

#

308

808 809 811810

708 709 711710

608 611 614609 610 612 613

516511509 515510 512

417414411410 413412

317311

514

312 318

218217216

313

508

416

215

314

513

408

316

517

713

615

409

310

616

812

214

714 716

212

712

213

315

219

415

211

518

815

715

116

816

319

418

309

117

813

320

916

118

519

915

419

814

220Nahma

Garden

Leland

Empire

Fayette

Brevor t

Norwood

Petoskey

Gros Cap

Fairport

Naubinway

Epoufette

Charlevoix

Glen Haven

Suttons B ay

Cross Village

Mack inaw City

Harbor Springs

115


25

Map 17.a. Consent Decree: sections VIII.C.1.d.(1)(a); VIII.C.1.d.(3)

#

#

#

#

##

N. Manitou Is.

S. Manitou Is.

614

612 613

713

615 616

812

714716

712

815

715

816813 814

Buoy R "2"

Northport Point

Norwood

Glen Haven

Suttons Bay

Leland

Area open to walleye and perch harvest pursuant to area descriptionand provisions in Sec. VIII.C.1.d.(1)(a) and Sec. VIII.C.1.e.(1)(a)



Area open to walleye harvest pursuant to area descriptionand provisions in Sec. VIII.C.1.d.(1)(a) and (3)

Figure 17a. Lake Michigan Grand Traverse Band Commercial Perch & Walleye Fishery.

N

EW

S



26

Map 17.b. Consent Decree: sections VIII.C.1.e.; VIII.C.1.e.(1)(c); VIII.C.1.e.(1)(c)i.; VIII.C.1.e.(1)(c)ii.; VIII.C.1.e.(2)(a); VIII.C.1.e.(2)(b); VIII.C.1.e.(3); VIII.C.1.e.(4); VIII.C.1.e.(5); VIII.C.1.e.(6).

#

#

#

#

#

#

#

417

317 318

218217216

416

215

316315

219

415

319

418

320

419

220

McGulpin Point

Waugoshance Point - WestW. Pt of Waugoshance Island

Brevort

Gros Cap

Cross Village

Mackinaw City

Closed areas pursuant to Sec. VIII.C.1.e.(1)(c)i.-iii.

Area closed to commercial perch fishing pursuant to area descriptionand provisions in Sec. VIII.C.1.e.(2)(b) and Sec. VIII.C.1.e.(3)-(6)

Area closed to commercial perch fishing pursuant to area descriptionand provisions in Sec. VIII.C.e.(2)(a) and Sec. VIII.C.1.e.(3)-(6)

Area open to commercial perch fishing pursuant to area descriptionin Sec. VIII.C.1.e.(1)(c) and provisions in Sec. VIII.C.1.e.(3)-(6)

Figure 17b. Lake Michigan Tribal Commercial Perch Fishery (Sec. VII.C.1.e.).

N

EW

S



27

Map 17.c. Consent Decree: sections VIII.C.1.e.(1)(d).

#

#

#

#

#

#

#

#

#

516

417416

517518

418

519

Petoskey

Charlevoix

Cross Village

Harbor Springs

Townline Road

Nine Mile Point

Seven Mile Point

Stuttsmanville Road Tower

Middle Village - church spire

Area open to perch harvest pursuant to area description and provisions in Sec. VIII.C.1.e.(1)(d)

Figure 17c. Lake Michigan Tribal Commercial Perch Fishery.

N

EW

S



28

Map 18. Consent Decree: sections VIII.C.1.d.(1)(b); VIII.C.1.e.(1)(e). Map: 13.

#

#

###

407406405404

302 303 304306305

403

307

402

301

202

504

401

Coats Point

Point Fuyards

LaSalle IslandDudley Bay

Brulee Point Whitefish Point

Figure 18. Lake Huron Tribal Commercial Perch and Walleye Fishing Areas. See also Les Cheneaux Island Closure detail map, Figure 13.

N

EW

S


Area open to perch and walleye harvest pursuant to area descriptionand provisions in Sec. VIII.C.1.d.(1)(b) and Sec. VIII.C.1.e.(1)(e)

6 0 6 12 Miles


UNITED STATES OF AMERICAWESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

and File No. 2:73 CV 26

BAY MILLS INDIAN COMMUNITY, SAULT Hon. Paul L. Maloney STE. MARIE TRIBE OF CHIPPEWA INDIANS,GRAND TRAVERSE BAND OF OTTAWA ANDCHIPPEWA INDIANS, LITTLE RIVER BAND OFOTTAWA INDIANS, and LITTLE TRAVERSE BAYBANDS OF ODAWA INDIANS,

Plaintiff-Intervenors,

vs.

STATE OF MICHIGAN, et al.,

Defendants.

______________________________________________________________________

ORDER AMENDING SECTION VII.A.7.b. OF AUGUST 7, 2000CONSENT DECREE

_______________________________________________________________________

A Consent Decree was entered on August 7, 2000 (“2000 Consent Decree”), upon the

stipulation of the parties, by which the Court established regulation, management and allocation

of fish resources in the Great Lakes waters of Lakes Huron, Michigan and Superior subject to the

treaty fishing rights reserved by Plaintiff-Inervenors in the Treaty of March 28, 1836 (7 Stat.

491) (the “Treaty waters”) for the time period of 2000 to 2020; and

Case 2:73-cv-00026-PLM ECF No. 1848 filed 10/07/16 PageID.2023 Page 1 of 2

[2]

The parties have executed a stipulation to amend Section VII.A.7.b. of the Consent Decree.

The Court approves the agreement of the parties set forth in the stipulation and enters this Order:

IT IS ORDERED that section VII.A.7b. be amended as follows:

Introductory paragraph: No change

(1) No change.

(2) The Tribes’ lake trout harvest limit shall be their prior year’s harvest limit, less the reduction in lake trout harvest projected from gill net conversion under section X.C. occurring since the calculation of the previous harvest limit. For 2016, the Tribes’ lake trout harvest limit shall be 525,000 pounds, including estimated throwback mortality.

(3) No change.

(4) Recreational lake trout harvest limits shall be 50,000 pounds or the model-generated lake trout harvest limit, whichever is greater, in 2007 and thereafter until sea lamprey-induced lake trout mortality is significantly below the 1998 baseline levels for three consecutive years. For 2016, the State’s lake trout harvest limit shall be 80,000 pounds, including estimated throwback mortality.

(5) No change.

(6) No change.

IT IS FURTHER ORDERED that in all other respects, section VII.A.7.b. of the 2000 Consent Decree shall remain unchanged.

Dated: ________________________________Hon. Paul L. MaloneyU.S. District Judge

October 7, 2016 /s/ Paul L. Maloney


UNITED STATES OF AMERICAWESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

and File No. 2:73 CV 26

BAY MILLS INDIAN COMMUNITY, SAULT Hon. Paul L. Maloney STE. MARIE TRIBE OF CHIPPEWA INDIANS,GRAND TRAVERSE BAND OF OTTAWA ANDCHIPPEWA INDIANS, LITTLE RIVER BAND OFOTTAWA INDIANS, and LITTLE TRAVERSE BAYBANDS OF ODAWA INDIANS,

Plaintiff-Intervenors,

vs.

STATE OF MICHIGAN, et al.,

Defendants.

______________________________________________________________________________

ORDER AMENDING SECTION VIII.C.1.d.(3)(a) OF AUGUST 7, 2000 CONSENT DECREE

______________________________________________________________________________

A Consent Decree was entered on August 7, 2000, (“2000 Consent Decree”), upon the

stipulation of the parties, by which the Court established regulation, management and allocation

of fish resources in the Great Lakes waters of Lakes Huron, Michigan and Superior subject to the

treaty fishing rights reserved by Plaintiff-Intervenors in the Treaty of March 28, 1836 (7 Stat.

491) (the “1836 Treaty waters”) for the time period of 2000 to 2020; and


[2]

The parties have executed a stipulation to amend Section VIII.C.1.d.(3)(a) of the Consent

Decree. The Court approves the agreement of the parties set forth in the stipulation and enters

this Order:

IT IS ORDERED that section VIII.C.1.d.(3)(a) is hereby amended to read:

(3)(a) The Tribes shall prohibit possession of more than fifteen (15) pounds round weight of walleye per vessel per day in all 1836 Treaty waters not identified in sub.(1), above, in closed seasons, or as specified in sub.(3)(a)(i)-(iii), below:

(i) In Lake Superior: (A) From September 15 through November 6, prohibit possession by gillnet

fishers of more than 150 pounds round weight of walleye per vessel per day, only from grids 1441, 1442, 1443, 1444, 1544, 1644, 1545, and 1645, except that the possession limit for non-gillnet fishers shall be 15 pounds per vessel per day;

(B) From May 15 to September 14, prohibit possession by gillnet fishers of more than fifty (50) pounds round weight of walleye per vessel per day from all grids above, except that the possession limit for non-gillnet fishers shall be 15 pounds per vessel per day.

(ii) In Lake Michigan:(A) From September 15 through November 6, prohibit possession by gillnet

fishers of more than 150 pounds round weight of walleye per vessel per day, only from grids 220, 318, 319, 320, 418, 419, 517, 518, and 616, except that the possession limit for non-gillnet fishers shall be 15 pounds per vessel per day;

(B) From May 15 to September 14, prohibit possession by gillnet fishers of more than fifty (50) pounds round weight of walleye per day from all grids, above, except that the possession limit for non-gillnet fishers shall be 15 pounds per vessel per day.

(iii) In Lake Huron:(A) From September 15 through November 6, prohibit possession by gillnet

fishers of more than 150 pounds round weight of walleye per vessel per day, only from grids 404, 405, 406, 504, 505, and 506, except that the possession limit for non-gillnet fishers shall be 15 pounds per vessel per day.

(B) From May 15 to September 14, prohibit possession by gillnet fishers of more than fifty (50) pounds round weight of walleye per day in all grids above, except that the possession limit for non-gillnet fishers shall be 15 pounds per vessel per day.

(iv) Require tribal fishers to report the estimated poundage of walleye discarded per day as part of the fishers’ monthly catch report information.

(v) Engage in biological monitoring of a reasonable sample of harvested walleye to determine origin.


[3]

(vi) Report to the Technical Fisheries Committee the information obtained under sub. (iv) and (v) of this section (3)(a), above, for the calendar year no later than April 1st of the following year.

IT IS FURTHER ORDERED that this stipulated amendment shall be effective for

the 2018, 2019 and 2020 commercial fishing seasons, and that it will terminate upon the

expiration of the 2000 Consent Decree. All other provisions of the Consent Decree remain in

effect and continue to apply.

Dated: _________________________________Hon. Paul L. Maloney U.S. District Judge

August 3, 2018 /s/ Paul L. Maloney


1

UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, File No. 2: 73 CV 26Hon. Richard A. Enslen

Plaintiff,

BAY MILLS INDIAN COMMUNITY, SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS, GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS, LITTLE RIVERBAND OF OTTAWA INDIANS, and LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS,

Plaintiff-Intervenors / Counter-Defendants,

vs.

STATE OF MICHIGAN, REBECCA HUMPHRIES, DIRECTOR, DEPARTMENT OF NATURAL RESOURCES, CHIEF, FISHERIES DIVISION, DEPARTMENT OF NATURAL RESOURCES, CHIEF, WILDLIFE DIVISION, DEPARTMENT OF NATURAL RESOURCES, CHIEF, LAW ENFORCEMENT DIVISION, DEPARTMENT OF NATURAL RESOURCES, RESOURCE MANAGEMENT DEPUTY DIRECTOR, DEPARTMENT OF NATURAL RESOURCES, AND THE MICHIGAN NATURAL RESOURCES COMMISSION,

Defendants / Counter-Claimants._________________________________________

CONSENT DECREE

2

CONTENTS

FINDINGS AND ORDER ......................................................................................................... 5

I. Jurisdiction ..................................................................................................................... 7

II. Parties Bound.................................................................................................................. 7

III. Definitions ...................................................................................................................... 8

IV. Recognition of Treaty Rights ........................................................................................ 11

V. Regulation of Treaty Rights .......................................................................................... 12

VI. Definition of the Extent of Inland Article 13 Rights ...................................................... 12

VII. Land and Waters on which Tribal Members May Exercise Inland Article 13Rights ........................................................................................................................... 13

VIII. Commercial Harvests.................................................................................................... 16

IX. Sale or Trade of Live Animals ...................................................................................... 17

X. Restrictions on Hunting and Fishing at Particular Locations.......................................... 17

XI. Gear and Methods of Take ............................................................................................ 26

XII. The Use of Specially Regulated Fishing Methods in Inland Lakes and TheirTributaries .................................................................................................................... 35

XIII. Disease Control............................................................................................................. 37

XIV. Tagging and Reporting Requirements ........................................................................... 37

XV. Deer Hunting ................................................................................................................ 38

XVI. Wild Turkey Hunting .................................................................................................... 39

XVII. Species in Need of Allocation ....................................................................................... 39

17.1 Elk .................................................................................................................... 39

17.2 Bear................................................................................................................... 40

17.3 Lake Sturgeon .................................................................................................. 41

3

XVIII. Migratory Birds............................................................................................................. 41

XIX. Threatened and Endangered Species under State Law ................................................... 42

XX. Use of State Land.......................................................................................................... 42

20.1 Gathering .......................................................................................................... 42

(a) Maple Sap/Sugar Bushes........................................................................ 42

(b) Firewood ............................................................................................... 44

(c) Conifer Boughs...................................................................................... 45

(d) Black Ash, Basswood and Ironwood...................................................... 46

(e) White Birch Bark................................................................................... 47

(f) Collection of Ground Vegetation and Shrubs ......................................... 48

20.2 Access............................................................................................................... 49

20.3 Temporary Structures ........................................................................................ 50

XXI. Assessment Activities ................................................................................................... 51

XXII. Restoration, Reclamation, and Enhancement Projects ................................................... 52

XXIII. Consultation and Exchange of Information.................................................................... 53

XXIV. Law Enforcement.......................................................................................................... 54

XXV. Wildlife Species for Which the State Does Not Currently Permit Hunting..................... 60

XXVI. Changes to Regulations................................................................................................. 61

XXVII. Dispute Resolution ...................................................................................................... 62

XXVIII. Modifications ............................................................................................................. 66

XXIX. Federal Lands and Federal Law..................................................................................... 66

APPENDICES

A. Lands and Inland Waters within the Boundaries of the Territory Ceded in the1836 Treaty .................................................................................................................. 68

4

B1. Protocol for the Tribes’ Authorization of Their Members’ Use of SpeciallyRegulated Fishing Methods and for Management of Tribal and State WalleyeFisheries in Walleye Lake Systems .............................................................................. 70

B2. Protocol for the Tribes’ Authorization of Their Members’ Use of ImpoundmentNets and Long Seines in Non-Walleye Lake Systems ................................................... 98

C. Non-Member Assistance ............................................................................................ 105

D. State Shotgun Zone as of October 2006 ...................................................................... 106

E. Streams Designated Types 5, 6 & 7 as of October 2006 ............................................. 107

F. Lakes Designated Type D as of October 2006 ............................................................ 109

G. Note 8 to Table 2 of the 2006 Michigan Fishing Guide (p. 10) ................................... 111

H. State Fishing Regulations Existing a of October 2006 Applicable to CertainDesignated Quality Lakes .......................................................................................... 113

I. Streams Designated Types 1, 2 & 4 as of October 2006 ............................................. 114

J. State Regulations for the Harvesting of Minnows or Other Bait Fish withthe Use of Seines as of October 2006 ......................................................................... 119

K. Birds Not Protected by the Migratory Bird Treaty Act (16 U.S.C. §§ 703-712)and Mammals that Cannot Lawfully Be Harvested under State Law as of October2006 ........................................................................................................................... 120

L. Information Sharing and Consultation Protocol .......................................................... 121

M. Agreement among the Parties and Proposed Intervenors ............................................ 144

5

FINDINGS AND ORDER

The Court hereby FINDS:

A. Defendants/Counter-Claimants State of Michigan, Michigan Natural Resources

Commission, Michigan Department of Natural Resources (“MDNR”) Director, MDNR Fisheries

Division Chief, MDNR Wildlife Division Chief, MDNR Law Enforcement Division Chief and

MDNR Resource Management Deputy Director (collectively, “State”) filed a counterclaim in

this action, United States v. Michigan, No. 2:73 CV 26 (W.D. Mich.) (“Litigation”), against

Plaintiff-Intervenors/Counter-Defendants 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 (collectively, “Tribes”),

seeking a declaration that, with limited exceptions, the Tribes no longer retain the right to hunt,

and the other usual privileges of occupancy, secured by Article 13 of the 1836 Treaty of

Washington on lands and inland waters within the boundaries of the territory ceded in the 1836

Treaty (“Inland Article 13 Rights”) (Dkt. No. 1473), and the Tribes filed a joint reply denying

the State’s claim (Dkt. No. 1477). With the exception of disputed areas lying generally between

the Ford and Escanaba Rivers in the Upper Peninsula and on the Thunder Bay Peninsula in

Alpena County, the lands and inland Waters within the boundaries of the territory ceded in the

1836 Treaty are depicted in Appendix A, which is attached hereto and made a part hereof.

B. Plaintiff United States filed a supplemental complaint in the Litigation seeking a

declaration that the Tribes retain Inland Article 13 Rights on lands and inland waters within the

boundaries of the 1836 Ceded Territory that have not been required for settlement (Dkt. No.

1504), and the State filed an answer denying the United States’ claim (Dkt. No. 1516).

6

C. The Parties explored settlement of their respective claims regarding Inland Article

13 Rights, reached an agreement in principle on the terms and conditions of such a settlement,

and have now stipulated to the entry of this Decree, which is intended to resolve conclusively

such claims, and to provide for the protection of the resources in the 1836 Ceded Territory.

D. The Parties were represented by attorneys of their own choosing in negotiating

and drafting this Decree, which was the product of arms-length negotiations by Parties of equal

bargaining power. Accordingly, the Parties have agreed that any ambiguities in this Decree

shall not be construed against any Party on the basis of the status of the Parties or by virtue of the

fact that such Party drafted or assisted in the drafting of the relevant portion of this Decree. The

Parties have further agreed that, in the event of any inconsistency between the terms of this

Decree and the Parties’ agreement in principle, the terms of this Decree shall be controlling.

E. Representatives of Amici Curiae (Michigan United Conservation Clubs, Coalition

to Protect Michigan's Resources (“CPMR”) [formerly Michigan Fisheries Resource

Conservation Coalition (“MFRCC”)], U.P. Whitetails Association, Inc. and Bays de Noc Great

Lakes Sportsfishermen, Inc.) and applicants for intervention (MFRCC, Stuart Cheney, Robert

Andrus and the Walloon Lake Trust and Conservancy) attended the Parties’ settlement

discussions and support the Parties’ efforts to settle the Parties' respective claims regarding

Inland Article 13 Rights on the terms and conditions set forth in this Decree. The Parties'

Agreement in Principle set forth an agreement among the Parties and the applicants relating to

intervention motions, the terms of which are set forth in Appendix M, which is attached hereto

and made a part hereof.

F. This Decree is a fair and equitable resolution of the Parties’ respective claims

regarding Inland Article 13 Rights.

7

NOW, THEREFORE, it is hereby ORDERED, ADJUDGED, AND DECREED that this

Decree shall be entered as the Court’s Judgment and Decree fully and finally resolving the

Parties’ respective claims regarding Inland Article 13 rights. Each Party shall be responsible for

its own expenses incurred in procuring this Decree, including its attorneys’ fees and costs. The

Clerk is directed to enter Judgment accordingly.

I. JURISDICTION

1.1 This Court has jurisdiction over the subject matter of the State’s counterclaim and

the United States’ supplemental complaint pursuant to 28 U.S.C. §§ 1331, 1345, and 1346. This

Decree implements the settlement of the Parties' respective claims with respect to Inland Article

13 rights under the 1836 Treaty of Washington.

1.2 This Court also has personal jurisdiction over the Parties. The Parties waive all

objections and defenses that they may have with respect to the personal jurisdiction of the Court

or to venue in this District for purposes of the entry, interpretation, modification or enforcement

of this Decree.

1.3 The Court shall retain jurisdiction over the Parties and subject matter of this

action to enforce this Decree and to resolve disputes arising under this Decree, subject to Section

XXVII (Dispute Resolution), and to consider modifications of this Decree under Section XXVIII

(Modifications).

II. PARTIES BOUND

This Decree shall apply to and be binding upon the Parties, their officers, employees,

agencies, subdivisions, successors, and assigns and shall remain binding notwithstanding any

future rulings or determinations in any jurisdiction that may be inconsistent with the provisions

of this Decree.

8

III. DEFINITIONS

As used in this Decree, the following terms shall have the meanings ascribed to them in

this Section III:

3.1 “1836 Ceded Territory” means the territory ceded in the 1836 Treaty of

Washington, 7 Stat. 491.

3.2 “2000 Great Lakes Consent Decree” means the 2000 Consent Decree pertaining

to the Tribes’ Great Lakes fishing rights (Dkt. No. 1458), as heretofore or hereafter amended.

3.3 “Bow” means a bow and arrow or a crossbow and bolt.

3.4 “CFA” means Michigan’s Commercial Forest Act, Mich. Comp. Laws, §

324.51101 et seq.

3.5 “Fish” or “Fishing” means the pursuing, capturing, catching, killing, or taking of

fish, and includes attempting to pursue, capture, catch, kill, or take fish.

3.6 “Gather” or “Gathering” means to take or acquire possession of any wild plant or

part thereof or other natural resource, and includes attempting to take or acquire possession of

any wild plant or part thereof or other natural resource, but does not include Hunting, Trapping

or Fishing.

3.7 “Hand Net” means a net or wire mesh bag of any circumference with a handle

that can be lifted by one person.

3.8 “Handicapped Hunter” means a hunter who is unable to walk due to being a

paraplegic or an amputee, or unable to walk unassisted due to a permanent disability caused by

other condition, disease or injury.

3.9 “Harvesting Activities” means Hunting, Trapping, Fishing, or Gathering or any

combination thereof.

9

3.10 “Hook-and-Line Gear” means any standard angling gear that uses a hook

imbedded in natural bait or an artificial lure to attract and take fish by hooking them in the

mouth and that is attached to a line to pull fish in for capture. Hook-and-Line Gear includes rods

and reels and tip-ups fished in open water or through the ice, but does not include a trotline.

3.11 “Hunt” or “Hunting” means shooting, shooting at, pursuing, taking, catching,

Trapping, or killing any wild animal or animals.

3.12 “Impoundment Nets” means trap nets or fyke nets, which are stationary nets

attached to the lake bottom that capture fish by guiding them into enclosures.

3.13 “Inland Article 13 Rights” means the right to hunt, and the other usual privileges

of occupancy, secured by Article 13 of the 1836 Treaty of Washington, 7 Stat. 491, on lands and

inland waters within the boundaries of the territory ceded in the 1836 Treaty.

3.14 “Lake” or “Lakes” means an inland lake or lakes of any size, including natural

and artificial lakes and drowned river mouths, except where the context clearly refers to the

Great Lakes.

3.15 “Lake System” means an inland Lake and its tributaries.

3.16 “Long Seine” means a seine that is at least 12 feet in length but no more than 30

feet in length, and no more than four feet in depth.

3.17 “MDNR” means the Michigan Department of Natural Resources, its successor

entities, and those authorized persons or entities acting on its behalf.

3.18 “Non-Walleye Lake System” means a Lake System that is not a Walleye Lake

System.

3.19 “Parties” means, collectively, the United States, the State and the Tribes, and

“Party” means any one of them.

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3.20 “Protected Streams” means the Streams and Stream segments identified in

subparagraphs c(i) and (c)(ii) of Paragraph 11.7 of this Decree, subject to any modifications in

such Streams or Stream segments under subparagraph (i) of Paragraph 11.7 of this Decree.

3.21 “Short Seine” means a seine that is less than 12 feet in length, and no more than

four feet in depth.

3.22 “Spear” means a hand, rubber, or spring-propelled spear.

3.23 “Specially Regulated Fishing Methods” means the use of Impoundment Nets or

Long Seines at any time of the year to harvest any species of fish and the use of Spears, Bows,

Hand Nets and Hook-and-Line Gear to harvest walleye in a Walleye Lake System during the

Walleye Spawning Season for that Lake System.

3.24 The terms “State" or "State of Michigan” mean, collectively, the State of

Michigan, the Michigan Department of Natural Resources, the Michigan Natural Resources

Commission, MDNR Director, MDNR Fisheries Division Chief, MDNR Wildlife Division

Chief, MDNR Law Enforcement Division Chief, MDNR Resource Management Deputy, and

their successors and any authorized representatives acting on their behalf, or any one of them.

3.25 “Streams” means all rivers, streams, creeks and flowages.

3.26 “Trap” or “Trapping” means the taking of wild furbearing animals by means of a

trap.

3.27 “Tribes” means, collectively, the Bay Mills Indian Community, the Sault Ste.

Marie Tribe of Chippewa Indians, the Grand Traverse Band of Ottawa and Chippewa Indians,

the Little River Band of Ottawa Indians, and the Little Traverse Bay Bands of Odawa Indians;

“Tribe” means any one of them; and “Tribal” means of or pertaining to a Tribe.

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3.28 “Walleye Lake System” means any Lake System known to have a walleye

population maintained either by natural reproduction or stocking of cultured fish.

3.29 “Walleye Spawning Season” means the time of year when walleye reproduce.

For purposes of this Decree, the Walleye Spawning Season is March 15 to the Friday before the

last Saturday in April in Walleye Lake Systems in the Lower Peninsula and April 1 to May 14 in

Walleye Lake Systems in the Upper Peninsula, unless changed under Paragraph 12.6 of this

Decree.

3.30 “Waters” means inland Lakes and Streams.

IV. RECOGNITION OF TREATY RIGHTS

For the purpose of resolving the dispute as to the continued existence of the Tribes'

Article 13 Rights, this Decree recognizes the existence of, and defines the extent of, the Tribes’

Inland Article 13 Rights on the following lands and Waters within the boundaries of the 1836

Ceded Territory:

(a) Public lands and Waters (including, but not limited to, federal and State

lands, which currently comprise, approximately, over 4,500,000 acres in the 1836 Ceded

Territory);

(b) Private lands and Waters that are required to be open to the public under

federal or State law, such as lands enrolled in the State’s Commercial Forest Act (“CFA”)

program (lands and waters that are open to the public under the Michigan Recreational Trespass

Act because they are not fenced or posted in accordance with that Act are not required to be open

under State law and are therefore not within this category of lands and Waters);

(c) Lands and Waters owned by a Tribe, a Tribal member, or the spouse of a

Tribal member;

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(d) Other private lands and Waters, including lands that are open to the public

under the Michigan Recreational Trespass Act, which are not enrolled in the CFA program or

another program pursuant to which they are required to be open to the public under federal or

State law; and

(e) All other Waters that are open to the public for Fishing under federal or

state law, including such Waters open to the public that are accessible through public rights-of-

way and public road crossings or otherwise accessible to Tribal members by permission granted

by the landowner or authorized lessee.

V. REGULATION OF TREATY RIGHTS

Each of the Tribes has the right to regulate its members’ exercise of Inland Article 13

Rights, the extent of which is defined in this Decree. The State is prohibited from regulating or

otherwise interfering with the exercise of such rights except as provided in this Decree. The

State is also prohibited from prosecuting Tribal members for alleged Hunting and Fishing

violations that preceded entry of this Decree, provided that the State may refer such alleged

violations to the appropriate Tribe for prosecution under Tribal law.

VI. DEFINITION OF THE EXTENT OF INLAND ARTICLE 13 RIGHTS

6.1 This Decree defines the extent of the Tribes’ Inland Article 13 Rights and

imposes certain limitations on where, when, and how the Tribes may exercise those rights. The

provisions of this Decree apply only to Inland Article 13 Rights; they do not: limit or expand the

extent or exercise of the Tribes’ Article 13 rights in the Great Lakes; limit or expand any

provision of the 2000 Great Lakes Consent Decree; limit or expand any right (other than Inland

Article 13 Rights) that a Tribe may have to authorize or engage in any activity on Tribal or trust

land; or limit or expand the right of the Tribes or their members to undertake any other activity

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pursuant to any other applicable law. The extent of the Tribes’ Inland Article 13 Rights and the

limitations on the exercise of those rights are set forth in this Decree.

6.2 Except as otherwise specifically provided below, the extent of the Tribes’ Inland

Article 13 Rights is defined as follows:

(a) Tribal members: (i) may Hunt, Fish, Trap, and Gather natural resources,

without limitation as to the species (including non-native and artificially propagated species)

targeted for harvest, the season or method of harvest, or the use of the resource harvested; (ii)

may engage in other historically traditional activities (such as the construction and use of sweat

lodges); and (iii) may obtain assistance from non-Tribal members to engage in the foregoing

activities, as provided in Appendix C, which is attached hereto and made a part hereof; and

(b) Each of the Tribes may regulate the foregoing treaty-right activities of its

members and enforce regulations pertaining to such activities. The Tribes may also engage in

natural resources assessment, enhancement, and restoration activities as provided in Section

XXI (Assessment Activities) and Section XXII (Restoration, Reclamation, and Enhancement

Projects).

VII. LANDS AND WATERS ON WHICH TRIBAL MEMBERS MAY EXERCISE INLAND ARTICLE 13 RIGHTS

Except as otherwise provided below, Tribal members may exercise Inland Article 13

Rights, to the extent defined in Paragraph 6.2, on the following lands and Waters within the

boundaries of the 1836 Ceded Territory, as depicted in Appendix A, provided that the Tribes

shall not exercise Inland Article 13 Rights in disputed areas lying generally between the Ford

and Escanaba Rivers in the Upper Peninsula or on the Thunder Bay Peninsula in Alpena County

unless and until the dispute as to such areas is resolved by mutual agreement of the Parties or

Court order:

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(a) Public lands and Waters that are open to the public under federal or State

law for the particular activity (e.g., Hunting, Fishing, Trapping or Gathering), notwithstanding

any species, season, method or use limitations in federal or State law, provided that in State,

county and municipal parks, State wildlife refuges, formally designated State wildlife research

areas, and formally designated State fisheries research areas, Tribal regulations shall only permit

Hunting and Fishing in such areas where and at such times when the parks, refuges, and research

areas are open to the public for Hunting and Fishing, and shall be no less restrictive than other

State regulations limiting Hunting and Fishing in such areas, and provided further that such

limitations shall not apply to a new or expanded park, wildlife refuge or wildlife or fisheries

research area if the creation or expansion of the area was intended to limit treaty harvesting

opportunities, and provided further that the State shall consult with the Tribes before creating a

new or expanding an existing State park, wildlife refuge, wildlife research area or fisheries

research area and shall attempt to avoid or minimize any adverse impact on the exercise of the

Tribes’ rights under this Decree as a result of such designation or expansion;

(b) Private lands and Waters that are required to be open to the public under

federal or state law for the particular activity, such as Hunting and Fishing (but not Gathering) on

lands enrolled in the State’s CFA program, notwithstanding any species, season, method or use

limitations in federal or state law, provided that, in the interests of social harmony, the Tribes or

their members shall obtain permission from a CFA landowner in order to Hunt or Fish on his or

her CFA lands outside State seasons and methods if the CFA landowner owns, in the aggregate,

less than 1,000 acres in the CFA program, and provided further that generally applicable

provisions of State law regarding the liability of CFA landowners arising from the activities of

hunters or fishers on CFA lands, and generally applicable provisions of the CFA program

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allowing CFA landowners to limit access to CFA lands subject to active timber harvesting

operations shall apply to Hunting and Fishing by Tribal members on CFA lands, and provided

further that nothing herein shall be construed to authorize the use of snowmobiles, all-terrain

vehicles, or other motor vehicles on CFA lands if such use is otherwise prohibited under

applicable law;

(c) Lands and Waters owned by a Tribe, a Tribal member or the spouse of a

Tribal member;

(d) Other private lands and Waters owned by non-Tribal members, with

permission from the owner or authorized lessee, provided that, in the case of private Waters, i.e.,

a non-navigable Lake with no public access or a non-navigable stream segment on a parcel or

parcels of private property, the grant of permission by a riparian owner does not violate the

Michigan common law rights of any other riparian owners, and provided further that, except for

special needs subsistence or ceremonial permits, which shall be limited in number, the Tribes

shall restrict Hunting and Trapping on such lands and Waters in a manner consistent with State

seasons and methods, and provided further that, during State seasons, permission shall be

implied on lands and Waters open to the public for Hunting and Fishing under the Michigan

Recreational Trespass Act, Mich. Comp. Laws, § 324.73101 et seq., as now in force or hereafter

amended, and provided further that, when permission is not implied, the Tribes shall require

their members to possess written evidence of permission from the landowner or authorized

lessee, or the name and phone number of the landowner or authorized lessee from whom they

obtained permission, while Hunting on such lands; and

(e) All other Waters that are open to the public for Fishing under federal or

State law notwithstanding any species, season, method or use limitations in federal or State law,

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including such Waters open to the public that are accessible through public rights-of-way and

public road crossings or otherwise accessible to Tribal members by permission granted by the

landowner or authorized lessee, but only for purposes of Fishing in such Waters, provided that

Tribal members exercising Fishing rights within the scope of subparagraph (a) of Paragraph 6.2

of this Decree shall not place Impoundment Nets on privately owned bottom lands if doing so is

in violation of the Michigan common law riparian rights of the private bottom land owner.

Nothing herein shall be construed as recognizing a right to Fish on private Waters not open to the

public except those owned by a Tribe, a Tribal member or the spouse of a Tribal member or on

which permission is obtained from a riparian owner as provided in subparagraph (d) of this

Section VII (Lands and Waters on Which Tribal Members May Exercise Article 13 Rights).

VIII. COMMERCIAL HARVESTS

The Tribes shall not authorize their members to harvest for commercial purposes or sell

wildlife, fish or other aquatic species, amphibians, reptiles, or timber, except for those species,

other than timber, for which the State authorizes inland commercial harvests. Notwithstanding

the foregoing, the Tribes may authorize their members: to commercially harvest fish that the

State is targeting for eradication or reduction from a particular water body, and which the State

does not intend to use for other fisheries management purposes, pursuant to clause (a) of

Paragraph 11.2 of this Decree, provided that there is a mutually agreeable mechanism to assure

that the harvested fish are from that particular water body; to engage in informal trade and barter

within Tribal communities of any species lawfully harvested under Tribal regulations, provided

that nothing herein shall authorize the re-sale of any fish or wildlife subject to such trade or

barter; to commercially harvest furbearers and to sell furs; to Gather plants and the products

thereof, such as wild berries, mushrooms, nuts and fruits, for sale or for use in producing salable

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commodities, such as maple syrup, subject to the restrictions set forth in Section XX (Use of

State Lands) regarding State lands; and to use the parts of harvested animals and plants for the

manufacture of handicrafts and to sell such handicrafts. Except as otherwise provided in this

section, the Tribes shall not authorize their members to sell parts of harvested animals contrary to

State and federal laws and regulations.

IX. SALE OR TRADE OF LIVE ANIMALS

The Tribes shall not authorize their members to engage in the sale or trade of live wild

animals except in accordance with federal or State law.

X. RESTRICTIONS ON HUNTING AND FISHING AT PARTICULAR LOCATIONS

10.1 The Tribes shall prohibit their members from Hunting with firearms and bows

within 150 yards of an occupied building, house, cabin, or any barn or other building used in a

farm operation, except with the consent of the owner or authorized lessee.

10.2 The Tribes shall limit their members’ use of firearms to shotguns in that part of

the 1836 Ceded Territory that lies within the shotgun zone designated by the State as of October

2006 (as set forth in Appendix D, which is attached hereto and made a part hereof), as long as

the State imposes such a limitation on non-Tribal members. The Tribes shall consider whether to

limit their members’ use of firearms to shotguns in additional parts of the 1836 Ceded Territory

that the State may designate as shotgun zones in the future, in light of the State’s purpose for

such designations and the effect of the limitation on Tribal members’ treaty Hunting

opportunities.

10.3 The Tribes shall adopt regulations that are no less restrictive than State

regulations prohibiting Fishing within 300 feet of any of the State’s salmon and steelhead egg

collection weirs to the extent such regulations apply to Waters and shall prohibit Fishing for

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Coho salmon within 300 feet of the lower weir on the Platte River as long as the State prohibits

harvests of Coho salmon in such Waters. If the State adopts an emergency regulation prohibiting

harvests of Coho salmon in other portions of the Platte River below the upper State-owned

hatchery weir, in order to ensure adequate egg collections at that weir in a particular year, the

Tribes shall adopt a parallel prohibition, which shall remain in effect during that year, but only

until the State rescinds its prohibition or until sufficient egg collection is assured for that year,

whichever occurs first. Except as otherwise agreed between the State and the Tribes, the Tribes

shall prohibit the spearing of Atlantic salmon in the Torch Lake watershed. The Tribes shall also

adopt regulations that: (a) are no less restrictive than State regulations prohibiting Fishing in

Rock River (Alger County) between Rock River Dam and the foot bridge downstream from M-

28; (b) except as otherwise provided under subparagraph (i) of Paragraph 11.7 of this Decree,

prohibit the use of Spears and Bows to harvest steelhead in the Little Manistee River from the

mouth of the Little Manistee River at its confluence with Manistee Lake upstream to 300 feet

downstream from the Little Manistee River Weir; (c) prohibit the take or possession of northern

pike in Potagannising River (Chippewa County) below the Potagannising Dam downstream to

Maxton Road from April 15 to May 15; and (d) are no less restrictive than State regulations

prohibiting Fishing within 100 feet of electrical lamprey control devices while in operation and

the lamprey control barrier on the Betsie River. The Tribes may authorize their members to

harvest Chinook salmon in the Little Manistee River from the mouth of the Little Manistee River

at its confluence with Manistee Lake upstream to 300 feet downstream from the Little Manistee

River Weir in accordance with subparagraphs (a) through (e) of this Paragraph 10.3.

(a) Any permits that are issued for the harvest of Chinook salmon in the

portions of the Little Manistee River described above shall include bag and possession limits.

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(b) Each year, the total harvest limit for Chinook salmon for Tribal fishers

using Spears, Bows, dip nets or hands in the portions of the Little Manistee River described

above shall be 10% of the lower 95% confidence limit for the average number of Chinook

salmon returning to the Little Manistee River Weir in the previous four years. The Tribes shall

only permit their members to use such gear from September 1 through November 14. During

this period, the Tribes shall limit their members’ harvest of Chinook salmon using such gear in

the portions of the Little Manistee River described above in each consecutive 7-day period to:

15% or less of the total harvest limit for the season in each of the first three 7-day periods; 20%

or less of the total harvest limit for the season in the fourth 7-day period; and 30% or less of the

total harvest limit for the season in each of the remaining 7-day periods. If the State meets its

egg-take quota for the year, the State shall immediately notify the Tribes that the total harvest

limit for the season and the 7-day harvest limits may be rescinded for the current year.

(c) The Tribes shall prohibit Fishing using Hook-and-Line Gear from

September 6 through October 15, or Spears at any time, in the southern end of Manistee Lake in

the vicinity of the Little Manistee River at its confluence with Manistee Lake. The closed area is

defined by a line extending from a squared red post located 100 feet southeast of the launch ramp

at the MDNR Public Access Site on the east shore, extending southwesterly to a squared red post

on the west shore located near the southern end of the Packaging Corporation of America’s plant.

If the State meets its egg-take quota for the year, the State shall immediately notify the Tribes

that the Fishing closure may be rescinded for the current year.

(d) In order to provide sufficient egg-take to assure future statewide fish runs

and to provide adequate harvest levels for all users over the long-term, the State and the Tribes

shall confer in a timely manner about appropriate adjustments to State and Tribal harvests in

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Waters in which fish destined for the State’s egg-collection facilities are harvested if the State

has concerns about securing adequate egg collection for Chinook salmon. In the event that the

State demonstrates that adequate egg collection is threatened in a particular year, the Tribes shall

prohibit harvest of Chinook salmon by their members in the portions of the Little Manistee River

described above until such time as sufficient egg collection is assured for that year, as long as the

State also prohibits the harvest of Chinook salmon by State-licensed fishers in that portion of the

Little Manistee River during that period of time.

(e) The State and the interested Tribes shall review the appropriateness of the

harvest estimation methodology, harvest limits, and weekly harvest distributions described in

subparagraph (b) of this Paragraph 10.3 every 5 years to determine the adequacy of harvest

opportunities for Tribal needs and the impact on egg collection, and make appropriate

adjustments.

(f) The limitations on Tribal harvests in this Paragraph 10.3 shall be operative

only to the extent the State imposes similar or more restrictive limits on State-licensed fishers.

10.4 The Tribes shall adopt regulations that are no less restrictive than State

regulations for Fishing on trout Streams designated as Types 5, 6 or 7 as of October 2006 (as set

forth in Appendix E, which is attached hereto and made a part hereof), as long as the State

maintains the same or more restrictive regulations for non-Tribal members. The State shall

consult with the Tribes prior to designating additional miles under its authorization to designate

up to 212 miles of trout Streams as Types 5, 6 or 7. The Tribes shall consider adopting

regulations that are no less restrictive than State regulations for Fishing on additional trout

Streams designated as Types 5, 6 or 7 on a case-by-case basis (up to a total of 212 designated

miles statewide) in light of the State’s purpose for such designations and the effect of such

21

regulations on Tribal members’ treaty Fishing opportunities. In the event that the current

designation of Types 5, 6, or 7 is changed in name only, this provision shall be applicable to the

successor designation.

10.5 The Tribes shall prohibit the use of Spears to take fish on Lakes designated by the

State as Type D as of October 2006 (as set forth in Appendix F, which is attached hereto and

made a part hereof), and shall adopt hook-and-line regulations on such Lakes that are no less

restrictive than State regulations for such Lakes, as long as these are trout-only Lakes and the

State imposes such prohibitions and regulations on non-Tribal members. The State shall consult

with the Tribes prior to designating additional Type D Lakes. The Tribes shall consider adopting

regulations that are no less restrictive than State regulations for Fishing on additional Type D

lakes in light of the State’s purpose for such designations and the effect of such regulations on

Tribal members’ treaty Fishing opportunities. In the event that the current designation of Type D

Lakes is changed in name only, this provision shall be applicable to the successor designation.

10.6 The Tribes shall prohibit or restrict spearing of northern pike and muskellunge in

a manner that is no less restrictive than 2006 State spearing restrictions with respect to these two

species as set forth in Note 8 to Table 2 of the 2006 Michigan Fishing Guide (at p. 10) (as set

forth in Appendix G, which is attached hereto and made a part hereof), as long as the State

imposes similar or more restrictive limitations on non-Tribal members. The State shall consult

with the Tribes prior to adopting additional restrictions on spearing of northern pike or

muskellunge. The Tribes shall consider adopting regulations that are no less restrictive than such

additional State regulations on a case-by-case basis in light of the State’s purpose for such

regulations and the effect of such regulations on Tribal members’ treaty Fishing opportunities.

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10.7 The Tribes shall adopt regulations that are no less restrictive than State Fishing

regulations existing as of October 2006 (as set forth in Appendix H, which is attached hereto and

made a part hereof) on the following designated quality Lakes: in Crawford County, Jones and

Wakeley Lakes, and in Montmorency County, North and South Blue Lakes and Robarge (Pike)

Lake, as long as the State imposes similar or more restrictive regulations on non-Tribal members.

The Tribes shall consider adopting regulations that are no less restrictive than State regulations

for Fishing on quality Lakes that may be designated in the future on a case-by-case basis in light

of the State’s purpose for such designations and the effect of such regulations on Tribal

members’ treaty Fishing opportunities.

10.8 The Tribes shall implement emergency closures of their members’ harvesting

activities that are no less restrictive than State emergency closures of harvesting activities by

State licensees based on biological or public health or safety concerns. In order to implement

this provision, the State shall provide notice to the Tribes as soon as practicable when such

concerns arise and shall consult with the Tribes regarding the need for such closures. In the

event that the Tribes enact emergency closures of their members’ harvesting activities based on

biological or public health or safety concerns, the Tribes shall notify the State as soon as

practicable when such concerns arise and shall consult with the State regarding the need for

closures of harvesting activities by State licensees. In the event the Parties disagree about the

need for an emergency closure, they shall jointly commit to expedited dispute resolution. A

Tribe objecting to the emergency closure shall have the burden to show that it is not necessary to

close its members’ harvesting activities to address the biological or public health or safety

concerns identified by the State. As used in this Decree, “public health or safety concerns” do

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not include concerns arising from social or political opposition to the exercise of Indian treaty

rights.

10.9 Except as otherwise provided in this Paragraph 10.9, Tribal seasons shall be no

less restrictive than State seasons for Hook-and-Line Gear Fishing for walleye in Streams

tributary to the bays de Noc. The Tribes may authorize Hook-and-Line Gear Fishing and

spearing for walleye between March 15 and May 15 on the Sturgeon River, a tributary to Big

Bay de Noc in Delta County, the Escanaba River, a tributary to Little Bay de Noc in Delta

County, the Days River, a tributary to Little Bay de Noc in Delta County, and the Rapid River, a

tributary to Little Bay de Noc in Delta County. The Tribes that authorize Hook-and-Line Gear

Fishing outside State seasons and spearing for walleye on these tributaries shall establish a

permit system for such Fishing, which shall include the following provisions:

(a) The Tribal annual harvest of walleye using Hook-and-Line Gear outside

State seasons and Spears under this Paragraph 10.9 shall not exceed 2,500 fish, except as

provided in subparagraph (g) of this Paragraph.

(b) Tribal regulations for Hook-and-Line Gear Fishing outside State seasons

and spearing for walleye under this Paragraph 10.9 shall include a field possession limit not to

exceed twice the bag limit or 10 fish, whichever is less, a minimum size limit of at least 14

inches, and a daily bag limit not to exceed 10 fish. Tribal regulations shall require that walleye

under the minimum size that are speared under this Paragraph must be retained as part of the

daily bag limit without penalty to the fisher.

(c) The total number of permits issued for Hook-and-Line Gear Fishing

outside State seasons and spearing for walleye under this Paragraph 10.9 shall be distributed

among the four tributaries open to such Fishing such that no more than 20% of the total permits

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issued shall be available for the Sturgeon River. In order to avoid concentration of harvest, the

Tribes shall make reasonable efforts to distribute the harvest among the remaining tributaries

open to Hook-and-Line Gear Fishing outside State seasons and spearing by Tribal members.

(d) The permits required under this Paragraph 10.9 shall be limited to Hook-

and-Line Gear Fishing or spearing (but not both), shall include the name of the Tribal member,

the date on which the permit is effective, the tributary for which the permit is issued, and the

authorized method of harvest. The Tribes shall require their members to have a permit in

possession when Fishing under the provisions of this Paragraph. The Tribes shall not issue more

than one such permit to any member for any day under this Paragraph.

(e) The Tribes shall provide notice to the State before any use of Hook-and-

Line Gear outside State seasons or any use of Spears may take place under this Paragraph 10.9,

in accordance with a protocol adopted by the Parties under Paragraph 23.2 of this Decree. The

notice provided to the State shall identify the body of water, the number of fishers, and the date

on which Hook-and-Line Gear or Spears will be used, and shall be provided at least seven hours

(and before 1:00 pm of the same day) before the use of Hook-and-Line Gear or Spears. The

State and the Tribes shall share information on Waters where the use of Spears is permitted in

accordance with a protocol adopted by the Parties under Paragraph 23.2 of this Decree.

(f) The Tribes shall require their members to submit harvest reports for the

use of Hook-and-Line Gear outside State seasons or spearing of walleye under this Paragraph

10.9 within seven days after the harvest. The harvest reports shall indicate the date of harvest,

the tributary where the harvest took place, and the number of walleye harvested. Final reports

detailing the walleye harvest under this Paragraph 10.9 that include the information identified in

this sub-paragraph shall be submitted to the State no later than June 30.

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(g) Except for the Whitefish River, a tributary to Little Bay de Noc in Delta

County, the Tacoosh River, a tributary to Little Bay de Noc in Delta County, and the four

tributaries identified as open for Tribal Hook-and-Line Gear Fishing outside State seasons or

spearing for walleye under this Paragraph 10.9, if a future estimate of abundance of adult

walleye in any other tributary to the bays de Noc suggests that Tribal members may harvest

walleye using Hook-and-Line Gear outside State seasons or Spears on such tributary, the State

and the Tribes may mutually agree to such harvest, provided that it shall not exceed 5% of the

estimated abundance of adult walleye in that particular tributary.

(h) The State and the Tribes agree to review, consult on, and as appropriate

modify by mutual agreement, the provisions of this Paragraph 10.9 every 15 years, taking into

consideration walleye abundance in the tributaries to the bays de Noc, the adequacy of Tribal

harvest opportunities, and other relevant factors.

10.10 In applying the walleye protocol described in Section XII (The Use of Specially

Regulated Fishing Methods in Inland Lakes and Their Tributaries), the Muskegon River and its

tributaries between the Croton Dam and Muskegon Lake shall be considered part of the

Muskegon Lake system. In determining maximum allowable exploitation rates and harvest

levels for the Muskegon Lake system, the State and the Tribes shall allow sufficient escapement

for walleye population rehabilitation and egg collection. The Tribes shall regulate their

members’ harvest of walleye in a manner that ensures that no more than 50% of the Tribes’

allowable harvest in the Muskegon Lake system will be taken in the Muskegon River and its

tributaries between the Croton Dam and Muskegon Lake.

10.11 As long as the State imposes similar or more restrictive limitations on State-

licensed fishers, the Tribes shall prohibit their members’ possession of brook and brown trout in

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Streams designated Types 1, 2 or 4 as of October 2006 (as set forth in Appendix I, which is

attached hereto and made a part hereof): (a) from October 15 through November 30 in the Lower

Peninsula; and (b) from October 1 through November 15 in the Upper Peninsula.

XI. GEAR AND METHODS OF TAKE

11.1 The Tribes shall: prohibit their members from Hunting with artificial lights,

except when Hunting for species for which the State permits the use of artificial lights, such as

coyote and raccoon; prohibit the use of toxins, live decoys, pitfalls, explosives, fully automatic

firearms, and exploding bullets; and prohibit Hunting from aircraft, snowmobiles, motorized

vehicles, and motorized vessels under power, provided that the Tribes may permit Hunting from

standing motorized vehicles by Handicapped Hunters. The Tribes shall prohibit the molestation

or breaking open of the house, hole, nest, burrow, or den of a badger, beaver, mink, muskrat, or

raccoon, whether occupied or not. The Tribes shall also prohibit the setting of a trap on a beaver

dam or lodge unless the trap is fully submerged below the water. The Tribes shall impose the

prohibitions in this Paragraph 11.1 as long as the State imposes similar or more restrictive

limitations on State-licensed hunters.

11.2 The Tribes shall prohibit their members from using gill nets or Impoundment Nets

except that: (a) the Tribes may authorize the use of Impoundment Nets to harvest fish species

that the State is targeting for eradication or reduction from a particular water body and may use

gill nets to harvest such species if the State is targeting all fish species for eradication from a

particular water body; (b) the Tribes may authorize the use of Impoundment Nets in inland Lakes

in accordance with Section XII (The Use of Specially Regulated Fishing Methods in Inland

Lakes and Their Tributaries); and (c) the Tribes may authorize the use of gill nets or

Impoundment Nets in authorized assessment activities under Section XXI (Assessment

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Activities), provided that under the foregoing exceptions to the prohibition of the use of gill nets

and Impoundment Nets, gill nets and Impoundment Nets shall only be in the water during the

authorized duration of the activities in question. Nothing in this provision shall require the

Tribes to prohibit the use of seines, Hand Nets, or dip nets, provided that the Tribes’

authorization of the use of such gear shall be subject to other applicable provisions in this

Decree. The Tribes shall impose the prohibitions required in this Paragraph 11.2 as long as the

State imposes similar or more restrictive prohibitions on State-licensed fishers.

11.3 The Tribes shall regulate their members’ Fishing activities through the use of

daily bag limits, possession limits, size limits and seasons, as well as any additional measures

that may be necessary to address biological concerns. Except when engaged in spearing through

the ice, the Tribes shall require their members to submit harvest reports for trout, salmon,

walleye, northern pike, or muskellunge within seven days after the harvest when spearing, Bow

Fishing, impoundment netting, seining, Fishing with hands, trot line Fishing or dip netting. The

Tribes shall require that the harvest reports indicate the date of harvest, body of water where the

harvest took place, and the number of fish harvested by species. Information on lengths and

weights, and, if possible, sex of fish harvested by Tribal members shall be obtained by Tribal

biological staff through sub-sampling of the harvest as appropriate, taking into consideration the

need for such information and the costs of such sub-sampling, after consultation with the State

through an annual review process.

11.4 Except in Streams, the Tribes may authorize the use of seines (but not purse

seines), provided that Tribal regulations shall: (a) be no less restrictive than State regulations for

harvesting minnows or other bait fish with the use of seines as of October 2006 (as set forth in

Appendix J, which is attached hereto and made a part hereof); (b) include a two-gallon bag limit

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for harvesting smelt with the use of seines if the State adopts a two-gallon bag limit or less for

the harvest of smelt under State regulations; (c) be consistent with applicable provisions of

Section XII (The Use of Specially Regulated Fishing Methods in Inland Lakes and Their

Tributaries) for harvesting of other species; (d) limit seines to a maximum dimension of 30 feet

by 4 feet; and (e) establish a maximum stretch mesh size of one and one-half (1.5) inches for

Long Seines constructed of monofilament materials. The limitations on the use of seines in this

Paragraph 11.4 shall be operative only to the extent the State imposes similar or more restrictive

limits on State-licensed fishers, provided that the Tribes may issue a limited number of special

ceremonial permits for the use of seines in Streams between December 1 and March 31, subject

to the other provisions of this Paragraph.

11.5 As long as the State imposes similar or more restrictive limits on State-licensed

fishers, the Tribes shall: (a) prohibit the use of more than four Fishing lines during open water

Fishing conditions and the use of more than seven lines when ice Fishing; (b) require that tip-ups

be identified by name; and (c) prohibit unattended tip-ups.

11.6 Except as provided in Paragraph 10.3, the Tribes may authorize the spearing of

salmon, provided that Tribal regulations shall include a daily bag limit and a possession limit for

spearing.

11.7 The Tribes may authorize spearing of steelhead, provided that Tribal regulations

shall include a daily bag limit and a possession limit for spearing. The Tribes may open all

Streams and Stream segments to their members for the spearing of steelhead, provided that

Tribal regulations governing spearing for steelhead in Protected Streams shall be subject to the

provisions of the protocol described in subparagraph (b) of this Paragraph 11.7 and the initial

protections for adult steelhead identified in subparagraphs (c) through (e) of this Paragraph,

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subject to any modification of those provisions under subparagraph (i) of this Paragraph. As

used in this Paragraph, the term “Protected Streams” refers to the Streams and Stream segments

identified in subparagraph (c)(i) and (c)(ii) of this Paragraph, subject to any modification in such

Streams or Stream segments under subparagraph (i) of this Paragraph.

(a) The State desires to achieve self-sustaining steelhead populations through

natural reproduction. In order to achieve this goal, the State provides protection for natural

reproduction of steelhead by closing Types I and II Streams to harvest from October 1 through

the last Saturday in April and by closing certain stream segments during the steelhead spawning

season. These closures are a recognition of the fact that optimal habitat for juvenile steelhead is

provided in Streams that have intrinsic habitat characteristics, which include a significant

contribution of groundwater and favorable temperature conditions for juvenile survival and

growth. The State believes that, in Michigan, the number of highly productive Streams or

Stream segments with optimal habitat is limited and must be protected in order to provide wild

fish for future generations.

(b) The State and the Tribes shall provide protections for steelhead that spawn

in Streams or Stream segments in each watershed where juvenile steelhead are most likely to

become smolts and thus provide recruits to future steelhead populations. In order to identify

Streams of high production potential for steelhead smolts and to protect steelhead that spawn in

such Streams, the Tribes and State agree to use and to continue the development of a protocol

that includes: (a) a predictive model of the abundance of age-1 juveniles and thus future smolts

as a scoping guide; (b) empirical information from field surveys and stream temperature

information; (c) the protection of adult steelhead that spawn in these Streams; (d) realistic goals

for natural production of steelhead consistent with the management objectives of the Lake

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Committees for lakes Michigan, Huron, and Superior; and (e) any other relevant scientific

information related to steelhead. The State and the Tribes shall provide for periodic peer review

of the model(s) and data being used pursuant to the protocol described in this subparagraph to

ensure that the model(s) and data are scientifically valid. The initial protections to be provided

by the State and the Tribes under the protocol are those described in subparagraphs (a) and (c)

through (e) of this Paragraph.

(c) Based on the protocol described in subparagraph (b) of this Paragraph

11.7, the State has identified the following locations, initially, as potentially highly valuable

Streams for producing and maximizing survival to smolting of juvenile steelhead. Unless

otherwise noted, stream segments under protection begin at the downstream confluence of the

watershed with the Lake to which the watershed is a tributary.

(i) Within the following four Upper Peninsula groups of stream

segments, the Tribes shall prohibit spearing of steelhead except from April 1 to April 15 and

shall prohibit harvest of steelhead by all other methods from April 1 to the last Saturday of April

(except for such methods with which, and at such times at which, the State permits steelhead

harvests by State-licensed fishers):

1. Black River mainstem and tributaries upstream of the

confluence of Peters Creek (Mackinac County, Lake Michigan Basin);

2. North Branch of the Pine River and its tributaries upstream

of the Highway 40 bridge and mainstem of the Pine River and its tributaries upstream of the

confluence with the North Branch of the Pine River (Mackinac and Chippewa counties, Lake

Huron Basin);

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3. North Branch of Carp River and its tributaries, and South

Branch of Carp River and its tributaries (Mackinac County, Lake Huron Basin); and

4. Sucker River mainstem and its tributaries upstream of

Seney Road Bridge (Alger County, Lake Superior Basin);

(ii) Within the following 11 Lower Peninsula groups of stream

segments, the Tribes shall prohibit spearing of steelhead except from April 1 to April 15 and

shall prohibit harvest of steelhead by all other methods from March 15 to the last Saturday of

April (except for such methods with which, and at such times at which, the State permits

steelhead harvests by State-licensed fishers):

1. Cedar Creek and its tributaries upstream from River Road

and Bigelow Creek and its tributaries in the Muskegon River watershed (Lake Michigan Basin,

Muskegon and Newaygo counties);

2. Skeel Creek and its tributaries and North Branch of the

White River above Arthur Road in the White River watershed (Lake Michigan Basin, Oceana

and Muskegon counties);

3. Baldwin River and its tributaries and all tributaries

upstream of M-37 in the Pere Marquette watershed (Lake Michigan Basin, Lake and Newaygo

counties);

4. Little Manistee River mainstem from Spencer’s Bridge

upstream, including all tributaries (Lake Michigan Basin, Lake County);

5. Above County Road 600, Bear Creek mainstem and

tributaries in the Manistee River watershed (Lake Michigan Basin, Manistee County);

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6. Dair Creek and its tributaries and Little Betsie River and its

tributaries in the Betsie River watershed (Lake Michigan Basin, Benzie and Manistee counties);

7. The mainstem of the Platte River from the upper State-

owned hatchery weir downstream to Platte Lake (Lake Michigan Basin, Benzie County),

provided that this stream segment shall be considered a Protected Stream only if the State

permits passage of steelhead past the upper State-owned hatchery weir;

8. The mainstem Jordan River and all tributaries above

Graves Crossing (Lake Michigan Basin, Antrim County);

9. Little Ocqueoc River and its tributaries and Silver Creek

and its tributaries in the Ocqueoc River watershed (Lake Huron Basin, Presque Isle County);

10. The mainstem Pigeon River and its tributaries upstream of

Webb Road (Mullett Lake, Lake Huron Basin, Otsego County); and

11. The mainstem Sturgeon River upstream of Afton Rd (a.k.a.

Webb Road or Wolverine Road near Wolverine) and the West Branch of the Sturgeon River and

its tributaries (Burt Lake, Cheboygan and Otsego counties).

(d) Except as modified under subparagraph (i) of this Paragraph 11.7, the

Tribal annual harvest of steelhead using Spears in Protected Streams shall not exceed 450 fish.

Tribal regulations for the spearing of steelhead in such stream segments shall include a daily

field possession limit not to exceed twice the daily bag limit, a minimum size limit of at least 16

inches, and a daily bag limit not to exceed three fish. Tribal regulations shall require that

steelhead under the minimum size limit that are speared in such stream segments must be

retained as part of the daily bag limit without penalty to the fisher.

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(e) Except as modified under subparagraph (i) of this Paragraph 11.7, the total

number of permits issued for spearing of steelhead in Protected Streams shall be distributed

among the groups of Protected Streams in a manner that ensures that no more than 30 steelhead

will be available for harvest from any one of the identified groups of Protected Streams. In order

to avoid concentration of harvest, reasonable efforts should be made to evenly distribute the

available permits among the stream segments within each of the identified groups of stream

segments.

(f) The permits required for Protected Streams shall include the name of the

Tribal member, the date on which the permit is effective, and the stream segment(s) for which

the permit is issued. The Tribes shall require their members to have a permit in possession when

spearing for steelhead in such stream segments. The Tribes shall not issue more than one such

permit to any member for any day in such stream segments, and shall limit each permit to stream

segment(s) within a particular group of Protected Streams.

(g) The Tribes shall provide notice to the State before any use of spears to

harvest steelhead may take place in Protected Streams, in accordance with a protocol adopted by

the Parties under Paragraph 23.2 of this Decree. The notice provided to the State shall identify

the body of water, the number of fishers, and the date on which spears will be used to harvest

steelhead, and shall be provided at least seven hours (and before 1:00 pm of the same day) before

the use of spears. The State and the Tribes shall share information on Waters where the use of

spears to harvest steelhead is permitted in accordance with a protocol adopted by the Parties

under Paragraph 23.2 of this Decree.

(h) Unless the State and the Tribes mutually agree otherwise, the Tribes shall

require their members to submit harvest reports for spearing of steelhead in accordance with

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Paragraph 11.3 of this Decree, including the particular stream segment on which each fish is

harvested. Information on lengths and weights, and, if possible, sex of steelhead harvested by

Tribal members in Protected Streams shall be obtained by Tribal biological staff through sub-

sampling of the harvest as appropriate, taking into consideration the need for such information

and the costs of such sub-sampling, after consultation with the State through an annual review

process.

(i) The State and the Tribes shall annually review, consult on, and as

appropriate modify by mutual agreement the protocol described in subparagraph (b) of this

Paragraph 11.7 and the specific provisions set forth in subparagraphs (a) and (c) through (e) of

this Paragraph, based upon the results of the periodic peer review as required in subparagraph (b)

of this Paragraph, additional information obtained through research or assessment by either the

Tribes or the State regarding smolt production and/or abundance of adults within any stream, the

effects of downstream (including Great Lakes) harvests or post-spawning harvests, or any other

relevant scientific information related to steelhead, provided that the Tribes shall not be required

to impose any additional restrictions on their members’ harvests of steelhead in the following

Streams in the Manistee River watershed: (1) Pine Creek and its tributaries and (2) below County

Road 600, Bear Creek and its tributaries, including Cedar and Beaver Creeks and their

tributaries, unless the State and the Tribes determine, by mutual agreement, that such restrictions

should be adopted in exchange for mutually agreeable Tribal opportunities to harvest steelhead

with Spears and Bows in the portion of the Little Manistee River described in Paragraph 10.3 of

this Decree.

11.8 The Tribes shall adopt the following standards applicable to Impoundment Nets

that may be used in inland Lake Systems.

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(a) The Tribes shall prohibit the use of monofilament material in any part of

an Impoundment Net.

(b) The Tribes shall prescribe the following maximum dimensions for

Impoundment Nets:

(i) Pots shall not exceed eight feet in length by five feet in width

by six feet in height.

(ii) Leads shall not exceed 150 feet in length or six feet in height.

11.9 As long as the State imposes similar or more restrictive limitations on State-

licensed fishers, the Tribes shall close the following tributaries to Lake Superior to spearing: (a)

Chocolay River; (b) Mosquito River; (c) Big Two Hearted River; (d) Little Two Hearted River;

and (e) Anna River from its mouth upstream to the railroad crossing by Wagner Falls in Section

14, Township 46 North, Range 19 West.

11.10 The Tribes shall prohibit their members from snagging fish or retaining a fish not

hooked in the mouth while engaged in Hook-and-Line Gear Fishing.

XII. THE USE OF SPECIALLY REGULATED FISHING METHODS IN INLAND LAKES AND THEIR TRIBUTARIES

12.1 The Tribes may authorize their members to use Specially Regulated Fishing

Methods in all Waters as provided in this Section XII, provided that the Tribes shall not

authorize their members to use Impoundment Nets or Long Seines in tributaries to inland Lakes

except where the use of such gear is permitted by State law or Paragraph 11.4 of this Decree.

Nothing in this Section XII shall restrict the Tribes’ authorization of their members’ use of Short

Seines.

12.2 Except as provided in Paragraph 12.7 of this Decree, the Tribes’ authorization of

their members’ use of Specially Regulated Fishing Methods in Walleye Lake Systems shall be

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subject to the provisions of the protocol set forth in Appendix B1, which is attached hereto and

made a part hereof. The Tribes and the State shall manage their respective fisheries for walleye

in Walleye Lake Systems in accordance with the protocol set forth in Appendix B1.

12.3 The Tribes’ authorization of their members’ use of Impoundment Nets and Long

Seines in non-Walleye Lake Systems shall be subject to the provisions of the protocol set forth in

Appendix B2, which is attached hereto and made a part hereof.

12.4 The Tribes shall require all Impoundment Nets used by a Tribal member for

Fishing to be marked with at least two buoys, one attached to the end of the lead and the other

attached to the pot. In addition, if the nets have wings, the Tribes shall require additional buoys

to be attached to the end of each wing. The Tribes shall require the member’s Tribal affiliation

and identification number to be displayed on the buoys.

12.5 The Tribes shall provide notice to the State before any use of Spears in a Walleye

Lake System during the Walleye Spawning Season for that Lake System or any use of

Impoundment Nets may take place under a Tribal permit in accordance with the procedures set

forth in a protocol adopted by the Parties under Paragraph 23.2 of this Decree. The notice

provided to the State shall identify the body of water, the number of fishers, and the date(s) and

24-hour period(s) during which such gear may be used, and such notice shall be provided at least

seven hours (and before 1:00 pm of the same day), prior to the use of Spears and at least 24

hours prior to the use of Impoundment Nets. The State and the Tribes shall share information on

waters where the use of Spears or Impoundment Nets is permitted in accordance with a protocol

adopted by the Parties under Paragraph 23.2 of this Decree.

12.6 The Walleye Spawning Season for Walleye Lake Systems in the Lower Peninsula

or the Upper Peninsula may be changed by mutual agreement between the State and the Tribes.

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12.7 The Tribes’ authorization of their members’ use of Spears, Bows, Hand Nets, or

Hook-and-Line Gear to harvest salmon, steelhead, or sturgeon in accordance with other

provisions of this Decree shall not be subject to any restrictions in this Section XII or in the

protocols set forth in Appendix B1 and Appendix B2. The Tribes’ authorization of their

members’ use of Spears or Hook-and-Line Gear to harvest walleye in tributaries to the bays de

Noc in accordance with Paragraph 10.9 shall not be subject to any restrictions in this Section XII

or in the protocols set forth in Appendix B1 and Appendix B2.

XIII. DISEASE CONTROL

As long as the State enforces the following prohibitions, the Tribes shall prohibit their

members from: (a) using bait as a method of take in the Hunting of deer and elk where prohibited

by the State for the purpose of controlling disease; (b) importing live deer or elk into the State;

(c) importing the carcass of a deer or elk into the State from a state or province in which Chronic

Wasting Disease has been documented (unless the carcass is boned out and carved up); or (d)

importing live turkeys, mute swans, skunks, or raccoons into the State. The Tribes shall also

adopt regulations that are no less restrictive than State regulations that restrict the movement of

ash products from emerald ash borer quarantine and eradication areas. In the event that fish or

wildlife resources are threatened by diseases in the future, the Parties shall work cooperatively to

take necessary measures to address the problem.

XIV. TAGGING AND REPORTING REQUIREMENTS

The Tribes shall impose tagging and reporting requirements for bobcat, otter, fisher and

marten, as long as the State imposes such requirements. The State shall cooperate with the

Tribes in insuring that the Tribes have sufficient CITES tags for species subject to the

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Convention on International Trade in Endangered Species, as listed in 50 C.F.R. Part 23,

Appendices I, II, and III.

XV. DEER HUNTING

15.1. Except as provided below, the Tribes shall impose the following restrictions on

deer Hunting by their members as long as the State imposes similar or more restrictive limits on

State-licensed hunters: (a) deer Hunting shall be limited to the period commencing the day after

Labor Day and ending on the Sunday of the first full weekend in January (the “Tribal Deer

Hunting Season”); (b) deer Hunting with firearms shall be prohibited during the period

commencing on November 1 and ending on November 14; (c) each Tribal member shall be

limited to a bag limit of five deer, no more than two of which may be antlered deer (i.e., deer

with at least one antler of three inches or more), during the Tribal Deer Hunting Season as a

whole; and (d) each tribal member shall be limited to a firearm bag limit of two deer, no more

than one of which may be an antlered deer, during the period commencing the day after Labor

Day and ending on October 31. Notwithstanding the foregoing, the Bay Mills Indian Community

may annually establish a collective bag limit for the total number of deer that may be harvested

by Tribal members, which shall not exceed five times the number of Tribal members authorized

by the Tribe to harvest the species. Another Tribe may adopt a quota number applicable to all of

its licensed hunters in lieu of the foregoing bag limits, but only after further consultation with

and agreement of the State.

15.2 Notwithstanding the foregoing, the Tribes may issue a reasonably limited number

of special needs permits for subsistence deer Hunting and a reasonably limited number of special

ceremonial permits that authorize their members to harvest deer for ceremonies (including, by

way of example but not limitation, ghost suppers, weddings, or funerals) at any time. Deer

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harvested pursuant to special ceremonial permits shall not count toward the bag limits set forth

above.

XVI. WILD TURKEY HUNTING

The Tribes may authorize a spring male only wild turkey season beginning no earlier than

April 15 and closing no later than June 15. For the fall either sex season, the Tribes may

authorize a beginning date of no earlier than October 1 and a closing date of no later than

November 14. The Tribes may authorize additional wild turkey harvest opportunities if the State

authorizes such additional opportunities for State-licensed hunters. In addition, the Tribes may

issue a reasonably limited number of special ceremonial permits that authorize their members to

harvest wild turkey for ceremonies (including, by way of example but not limitation, ghost

suppers, weddings, or funerals) at any time.

XVII. SPECIES IN NEED OF ALLOCATION

The Tribes shall limit their members’ harvests of certain species for which current

population levels necessitate an allocation of harvest opportunities, as provided in this Section

XVII.

17.1 Elk. The State currently limits the harvest of elk through the issuance of a limited

number of permits each year in designated elk management units. Each permit authorizes the

opportunity to harvest a single animal; some of the permits are for either sex and some are for

cows only. Except as otherwise provided below, the Tribes shall limit their members’ harvest of

elk in a given year to: (a ) the number of elk of either sex equal to 10% of the either-sex permits

issued by the State in such year; and (b ) the number of female elk equal to 10% of the number of

cows-only permits issued by the State in a year. Fractional numbers shall be rounded up to the

next whole number in applying this provision. If the State issues less than a total of 101 permits

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but more than 50, then the Tribes shall limit their members’ harvest to a maximum of five elk of

either sex and five female elk. If the State issues less than a total of 51 permits, the Tribes shall

limit their members’ harvest to a maximum of five elk in the same ratio of either-sex and cow-

only permits that are issued by the State. The Tribes shall adopt regulations that are no less

restrictive than State regulations governing the elk hunt, provided that the Tribes may allow

tribal members to Hunt elk for up to 15 days after the closure of the State's last elk season. The

Tribes may also transfer Tribal elk Hunting permits among Tribal members. The Tribes shall

consult with the State before issuing Tribal elk permits in order to ensure that the geographical

distribution of the permits is consistent with the State’s management objectives.

17.2 Bear. The State authorizes harvests of limited numbers of bears in designated

bear management units. The State and the Tribes shall consult regarding appropriate harvest

levels for each bear management unit that encompasses lands within the 1836 Ceded Territory

and make best efforts to achieve a consensus regarding such levels. The Tribes shall authorize

their members to take no more than 10% of the available harvest in each such unit, provided that,

if tribal members harvest 10% of the available harvest in any such unit in any year, the Tribes

may authorize their members to take up to 12 ½% of the available harvest in that unit in

subsequent years. The Tribes shall limit the harvest of bears to a season commencing no sooner

than the beginning of the State's bear season and ending no later than the last day of the State’s

bear season. The Tribes may transfer Tribal bear permits among tribal members.

Notwithstanding any other provision in this Paragraph 17.2, each Tribe may permit the harvest of

up to two bears per year for ceremonial/medicinal purposes, which shall not count against the

harvest limits set forth above. The Tribes may permit bears harvested for such

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ceremonial/medicinal purposes to be harvested at any time (except that the Tribes shall not

permit bears to be harvested in dens or in the visible vicinity of a cub).

17.3 Lake Sturgeon. The State of Michigan has a State-approved Lake Sturgeon

Rehabilitation Strategy that outlines the status of lake sturgeon populations and recommends

management actions, and the Little River Band has a Tribally approved Nmé (Lake Sturgeon)

Stewardship Plan for the Manistee River that recommends management actions for reclamation

and restoration activities. The State and the Tribes shall discuss strategies for rehabilitating

sturgeon populations and, except as otherwise provided below, shall negotiate allocations of

sturgeon harvest when sturgeon recovery provides for such harvest, including an allocation of

sturgeon harvest in Black Lake when the sturgeon population, as determined by Tribal and State

biologists, includes 750 mature fish (i.e., 750 fish capable of breeding). The Tribes may

authorize their members to harvest sturgeon in Otsego Lake as long as they impose a bag limit

that does not exceed the bag limit imposed by the State. If a harvestable sturgeon population is

developed in the Manistee River, the Tribes may authorize their members to take up to 50% of

the harvestable amount.

17.4 For any species subject to allocation under this Section XVII, or for any species

determined in the future to require allocation, each Tribe shall be entitled to one-fifth of the

Tribal allocation, provided that the Tribes shall develop mechanisms to share the available Tribal

harvest when a Tribe is unable to fully utilize its one-fifth share.

XVIII. MIGRATORY BIRDS

The Tribes shall regulate their members’ harvests of migratory birds in accordance with

the processes established for regulating Indian treaty harvests under the Migratory Bird Treaty

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Act, 16 U.S.C. §§ 703-712, and its implementing regulations, as now in force or hereafter

amended.

XIX. THREATENED AND ENDANGERED SPECIES UNDER STATE LAW

The Tribes shall provide for the protection of species listed as threatened or endangered

under state law. This provision shall not prevent the Tribes from authorizing their members to

harvest threatened or endangered plants for personal use for medicinal, ceremonial, or

subsistence purposes.

XX. USE OF STATE LAND

20.1 Gathering. The Tribes may authorize their members to Gather plant materials

and other natural resources on State lands for personal, medicinal, cultural, or traditional craft

use, provided that such natural resources Gathered on State lands shall not be used for

commercial purposes except as specifically provided in this Paragraph 20.1, and provided further

that nothing herein shall authorize the excavation or mining of sand, gravel or other minerals on

State lands. As described below, the State and the Tribes shall seek to avoid user conflict and

other resource concerns arising from certain Gathering activities on State lands through a

consultative process involving the local offices of the MDNR and the Tribes.

(a) Maple Sap/Sugar Bushes.

(i) The Tribes and the State shall work cooperatively through local

MDNR and Tribal offices to determine the location of areas suited for the collection of maple

sap and the production of maple sugar or maple syrup (collectively, “sugar bush operations”) on

State Forest land.

(ii) The Tribes and the State shall work cooperatively to designate

mutually acceptable areas for sugar bush operations through the use of the MDNR “Special

43

Conservation Area” (SCA) program. The Parties recognize that SCA designations for sugar

bush operations may change over time. If a Tribe and the State are unable to designate mutually

acceptable areas for such operations through the SCA program, they shall make good faith

efforts to identify other mechanisms to designate areas for such operations. The designation of

areas under the SCA program or another mechanism for sugar bush operations shall not preclude

the use of such areas for other activities, such as MDNR timber and wildlife management

practices, Hunting and Fishing, and other management activities.

(iii) The Tribes shall not permit their members to engage in sugar bush

operations on State lands other than those designated under subparagraph (a)(ii) of this

Paragraph 20.1, except as otherwise agreed by one or more Tribes and the State to accommodate

one-time or occasional (as opposed to annual) use of a limited number of trees (no more than a

total of twelve).

(iv) The Tribes shall require their members to obtain a Tribal permit

before engaging in sugar bush operations on State Forest land. The Tribes shall develop and

adopt regulations detailing the permit process. Before issuing permits for sugar bush operations

involving more than a total of twelve trees, a Tribe shall negotiate with MDNR an agreed

number of permits to issue, the number of trees and trees per acre that can be tapped, and the

number of temporary structures that may be erected.

(v) Tribal regulations for sugar bush operations on State lands shall:

prohibit the use of tubing; prohibit construction of new trails to access sugar bushes; prohibit

permanent structures; and require that temporary structures be removed by the end of the maple

syrup season.

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(vi) The State shall not charge a fee for sugar bush operations pursuant

to permits issued by the Tribes.

(vii) The Tribes may authorize their members to engage in personal sale

of modest levels of maple sugar and/or maple syrup produced from State lands.

(b) Firewood.


MDNR and Tribal offices to designate areas suitable for firewood collection, and to determine

local restrictions that apply within MDNR Forest Management Units. The designation of areas

for firewood collection under this subparagraph shall not preclude the use of such areas for other

purposes.

(ii) The Tribes shall not permit their members to collect firewood on

State lands other than those designated under subparagraph (b)(i) of this Paragraph 20.1.

(iii) The Tribes shall require their members to obtain a Tribal permit

before collecting firewood on State lands. The Tribes shall develop and adopt regulations

detailing the permitting process.

(iv) Tribal regulations for collecting firewood on State lands shall:

prohibit Tribal members from cutting or Gathering trees except those that are dead and down;

prohibit firewood collection within State timber sale contract areas unless written permission is

obtained from the timber sale contractor; prohibit cutting or Gathering of trees marked with

paint; prohibit cutting or Gathering of cedar and hemlock trees, provided that this provision shall

not prohibit Gathering of cedar or hemlock boughs as provided below; provide that the collection

of firewood is for personal use only and prohibit the sale of firewood; provide that firewood

permits shall be issued for five standard cords per permit, and that only one permit per household

45

per year shall be issued; and require that Tribal members have a Tribal permit in their possession

when collecting firewood.

(v) The State shall not charge a fee for collecting firewood pursuant to

permits issued by the Tribes.

(c) Conifer Boughs.


MDNR and Tribal offices to designate areas suitable for conifer bough collection. The

designation of areas for conifer bough collection under this subparagraph shall not preclude the

use of such areas for other purposes.

(ii) The Tribes shall not permit their members to collect conifer

boughs on State lands other than those designated under subparagraph (c)(i) of this Paragraph

20.1.


before collecting conifer boughs on State lands. The Tribes shall develop and adopt regulations

detailing the permitting process.

(iv) Tribal regulations for collecting conifer boughs on State lands

shall: prohibit collection of conifer boughs within 20 feet of the edge of roads, designated trails,

or Streams; prohibit the establishment of new trails or roads to access collection areas; prohibit

Tribal members from cutting down trees for the purpose of Gathering conifer boughs, removing

boughs from trees less than 12 feet in height, or removing boughs from the upper half of a tree;

prohibit Tribal members from Gathering cedar or hemlock boughs except for modest quantities

for personal medicinal or limited ceremonial uses; prohibit collection of boughs for commercial

46

use, except for individuals making traditional handcraft items; and require that Tribal members

have a Tribal permit in their possession when collecting conifer boughs.

(v) The State shall not charge a fee for collecting conifer boughs

pursuant to permits issued by the Tribes.

(d) Black Ash, Basswood and Ironwood.


MDNR and Tribal offices to designate areas suitable for collection of black ash, basswood and

ironwood.

(ii) The Tribes shall not permit their members to collect black ash,

basswood or ironwood on State lands other than those designated under subparagraph (d)(i) of

this Paragraph 20.1.


before collecting black ash, basswood or ironwood on State lands. The Tribes shall develop and

adopt regulations detailing the permitting process.

(iv) Before issuing permits for the collection of black ash, basswood or

ironwood on State lands, the Tribes shall negotiate with MDNR an agreed number of permits to

issue, and the number of trees and trees per acre that can be used.

(v) Tribal regulations for the collection of black ash, basswood and

ironwood on State lands shall: prohibit commercial use, except for individuals making traditional

handicraft products; and require that Tribal members have a Tribal permit in their possession

when collecting black ash, basswood, or ironwood.

(vi) The State shall not charge a fee for collecting black ash, basswood

or ironwood pursuant to permits issued by the Tribes.

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(e) White Birch Bark.


MDNR and Tribal offices to designate areas suitable for white birch bark collection.

(ii) The Tribes shall not permit their members to collect white birch

bark on State lands other than those designated under subparagraph (e)(i) of this Paragraph 20.1.


before collecting white birch bark on State lands. The permits shall contain provisions to prevent

permanent damage to the trees, such as seasonal limitations and limitations on the quantity of

bark that may be removed. The Tribes shall develop and adopt regulations detailing the permit

process. The Tribes shall provide copies of permits issued for the collection of white birch bark

to the MDNR.

(iv) Before issuing permits for the collection of white birch bark on

State lands, the Tribes shall negotiate with MDNR an agreed number of permits to issue, and the

number of trees and trees per acre that can be used to collect white birch bark.

(v) Tribal regulations for the collection of white birch bark on State

lands shall: prohibit collection of white birch bark within 33 feet of the edge of roads or

designated trails; prohibit collection of white birch bark for commercial use, except for

individuals making traditional handicraft items; and require that Tribal members have in their

possession a Tribal permit when collecting white birch bark.

(vi) The State shall not charge a fee for collecting white birch bark

pursuant to permits issued by the Tribes.

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(vii) The Tribes and the MDNR shall annually review the impact to the

resource resulting from this activity, and shall determine whether modification of birch bark

harvest is required to protect birch trees on State land.

(f) Collection of ground vegetation and shrubs.

(i) The Tribes shall provide for the protection of species listed as

threatened or endangered under state law, as provided in Section XIX (Threatened and

Endangered Species under State Law).

(ii) Tribal members may Gather plants and the products thereof, such

as wild berries, mushrooms, pine cones, nuts and fruits, for producing modest levels of

commodities for personal sale and may use the parts of harvested plants for the manufacture and

sale of handicraft products.

20.2 Access.

(a) The Tribes shall require their members to follow MDNR general camping

registration procedures, including payment of camping fees, and all other applicable rules and

regulations when camping in a developed campsite within a State Park or State Forest

campground.

(b) The Tribes may authorize dispersed camping on State Forest land at least

one-half mile away from a State Forest campground or the boundary of a State Park, except in

those areas specifically closed to all camping by order of the Director of the MDNR. The Tribes

shall require their members to post a cost-free MDNR camping permit on site and to follow State

land use rules when camping on State Forest lands. The MDNR shall provide such permits to

the Tribes at no charge for issuance to their members.

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(c) In areas where the only public access to a Lake or Stream segment is

located on lands owned or managed by MDNR, and a Tribal member is engaged in the exercise

of a Tribal treaty-related Hunting, Trapping, Fishing, or Gathering right, the State shall waive

any fees or launch costs associated with the Tribal member’s use of such facilities, provided that

space is available. To be eligible for the fee waiver, the Tribes shall require their members to:

(i) provide Tribal identification at the entrance to the area and post an

approved Tribal identification placard or sticker in the window of their vehicle; and

(ii) comply with all applicable rules and regulations for the launch site.

(d) In a Michigan State Park where a Tribal member is engaged in the

exercise of a Tribal treaty-related right (consistent with the terms of this Decree) the State shall

waive any entrance fees associated with the Tribal member’s use of such facilities. At other

times and for other purposes, fees shall be required. To be eligible for the fee waiver, the Tribes

shall require their members to:

(i) provide Tribal identification at the State Park entrance and post an

approved Tribal identification placard or sticker in the window of their vehicle; and

(ii) comply with all applicable rules and regulations for the site.

(e) State park rangers may enforce State park regulations within State parks.

(f) The MDNR shall notify and consult with the Tribes before permanently

closing an approved access road or trail. In the event that the MDNR establishes a program for

seasonal closures of approved access roads or trails, the MDNR shall notify and consult with the

Tribes before implementing any such seasonal closure.

20.3 Temporary Structures. The Tribes shall only authorize their members to place

structures on State lands as provided in this Paragraph 20.3.

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(a) With the exception of Hunting blinds, the Tribes shall not authorize their

members to construct any structure on State lands from non-native, processed materials, such as

dimensional lumber, plywood, siding or roofing, provided that the Tribes may authorize their

members to use canvas tarps and the like on temporary structures if removed from the site after

use.

(b) The Tribes may authorize their members to construct a temporary

structure, such as a sweat lodge, which occupies up to 100 square feet, using on-site native

materials, on State Forest lands, provided that the Tribes shall require their members to post a

cost-free dispersed camping permit on site in accordance with subparagraph (b) of this Paragraph

20.2.

(c) The Tribes may authorize their members to construct a temporary

structure, which occupies more than 100 square feet, using on-site native materials, on State

Forest lands, provided that the Tribes shall require their members to post a cost-free dispersed

camping permit on site in accordance with Paragraph 20.2, subparagraph b , and provided further

that the Tribes shall not issue such permits to their members under this subparagraph without

first consulting with and obtaining the concurrence of the local MDNR forest manager.

(d) The Tribes shall not permit their members to leave a temporary structure

on State Forest lands for 15 days or more unless the Tribes first consult with and obtain the

concurrence of the local MDNR forest manager.

(e) The Tribes may authorize their members to use Hunting blinds on State

land in accordance with the following provisions:

(i) The Tribes shall require Hunting blinds of man-made materials on

state land to legibly display, in letters at least 2” high, the name and an indication of Tribal

51

membership of the owner (as mutually agreed by the State and the Tribes). The Tribes shall not

permit non-portable ground deer blinds utilizing man-made materials to be placed on State lands

before November 6. The Tribes shall require that deer blinds be removed from State land within

10 days of the end of the last open day for Tribal firearm deer Hunting.

(ii) The Tribes shall not permit the placement of blinds of man-made

materials in State Parks.

(iii) The Tribes shall require that portable blinds be removed from State

land at the end of each day’s Hunt.

XXI. ASSESSMENT ACTIVITIES

The Parties recognize that the Tribes may desire to engage in assessment activities within

the inland portion of the 1836 Ceded Territory in addition to, or in coordination with, assessment

activities conducted by the State. The Parties shall meet at least annually to review State and

Tribal assessment activities in order to minimize or avoid duplication of effort and to prevent

interference with such activities. The State may object to a proposed Tribal assessment activity,

provided that the State shall not object to such a proposed assessment activity without fully

consulting with the Tribes and articulating a legitimate State interest for doing so within 60 days

of being notified of the proposed activity. For purposes of this Section XXI, a “legitimate State

interest,” which might form the basis of the State’s objection to such a proposed assessment

activity, is limited to the following: (a) material biological harm to a resource; (b) a threat to

public health or safety; (c) material interference with ongoing research projects; or (d)

unreasonable redundancy of effort. In the event the State makes such an objection after fully

consulting with the Tribes, the Parties shall jointly refer the matter to binding arbitration to be

resolved within the next 60 days. The issue in the arbitration shall be whether the State has a

52

“legitimate State interest” for objecting to the proposed activity as defined in this Section XXI.

The Tribes shall defer commencement of a proposed assessment activity during the 60-day

period in which the State might object to such activities and, if the State does object, pending

resolution of the objection by arbitration (but need not defer implementation pending an appeal

of the arbitration award, unless otherwise ordered by the Court). An arbitration award under this

Section may be vacated, modified or corrected on appeal only on the grounds set forth in the

Federal Arbitration Act, 9 U.S.C. §§ 10-11, as now in force or hereafter amended. In carrying

out assessment activities, the State and the Tribes shall utilize qualified biologists or other

appropriately trained personnel. Tribal and State assessment activities shall be conducted in a

manner consistent with accepted scientific principles using non-lethal methods whenever

appropriate.

XXII. RESTORATION, RECLAMATION, AND ENHANCEMENT PROJECTS

The Parties recognize that the Tribes may desire to engage in activities designed to

restore, reclaim, or enhance fish, wildlife or other natural resources within the inland portion of

the 1836 Ceded Territory through stocking, rearing, habitat improvement, or other methods. The

Parties shall meet annually in order to minimize or avoid duplication of, or interference with,

restoration, reclamation, and enhancement activities. With the exception of habitat projects on

federal lands, which shall be subject to federal approval under applicable law, or on lands that

are owned by the Tribes or their members, the Tribes shall not undertake new restoration,

reclamation, or enhancement projects without State approval, provided that the State shall not

withhold its approval without fully consulting with the Tribes and articulating a legitimate State

interest for doing so within 60 days of being notified of the proposed project. In carrying out

restoration, reclamation, and enhancement projects, the Tribes shall utilize qualified biologists or

53

other appropriately trained personnel. Restoration, reclamation, or enhancement projects that

involve stocking or rearing of fish that migrate to the Great Lakes and back into streams, such as

the Little River Band’s Manistee River sturgeon enhancement project, shall be subject to the

provisions of the 2000 Great Lakes Consent Decree and any successor thereto, rather than this

Decree, provided that the State and the Tribes shall provide each other with a reasonable

opportunity to review and comment on any proposal to initiate, alter or discontinue a restoration,

reclamation or enhancement project that may affect harvest opportunities under this Decree.

XXIII. CONSULTATION AND EXCHANGE OF INFORMATION

23.1 The State and the Tribes shall establish one or more committees to facilitate

consultation and the exchange of information among the Parties. In addition to those matters set

forth above, the State and the Tribes shall at least annually exchange: proposals for assessment

activities; the results of assessment activities; a summary of State and Tribal licenses and permits

issued and harvest and effort data pertaining to the inland portion of the 1836 Ceded Territory;

and a summary of any other data and a copy of any reports regarding the condition of the

resources in the inland portion of the 1836 Ceded Territory.

23.2 The Parties shall develop a protocol for these purposes, which shall provide for at

least one annual meeting among the Parties or their representatives. The initial protocol to be

adopted by the Parties is set forth in Appendix L, which is attached hereto and made a part

hereof. The Parties may amend the protocol from time-to-time in accordance with its terms. The

protocol, as initially adopted or hereafter amended, shall be enforceable as a component of this

Decree.

23.3 The State and the Tribes shall work in good faith to coordinate resource

assessment, restoration, enhancement, and harvest monitoring activities.

54

23.4 The State and the Tribes shall notify each other at least annually of proposed

regulatory changes (including changes in management units or methodologies for determining

the allowable harvest of any species) before they take effect (except where, due to an emergency

or other matter beyond the control of the Parties it is not possible to provide advance notice) and

seek to resolve any concerns arising from such changes before implementing them. Upon

request, the State and the Tribes shall share information regarding the rationale for such changes

and their anticipated effects (e.g., changes in species abundance, distribution, or age or sex

ratios). Upon request, the State and the Tribes shall provide similar information for any existing

regulation, management unit or allowable-harvest methodology. The information provided shall

be sufficiently detailed to enable the other Parties to fully understand the regulation, management

unit or allowable-harvest methodology at issue and any underlying data associated with it, and to

enable them to make constructive suggestions for improvements to such regulation, management

unit or harvestable surplus methodology.

XXIV. LAW ENFORCEMENT

24.1 As a general principle, prosecutions of alleged violations of fish and game laws

and regulations by Tribal members in the inland portion of the 1836 Ceded Territory shall be

heard in a Tribal forum. This provision is predicated on: (a) the enactment of Tribal fish and

game laws and regulations that are consistent with this Decree; and (b) the existence of a Tribal

forum with subject matter jurisdiction to hear prosecutions of alleged violations of fish and game

laws and regulations. As used in this Section XXIV, Tribal forum means either a Tribal Court or

another mutually acceptable Tribal tribunal. In any Tribal forum in which such a prosecution is

heard, upon request of a law enforcement agency whose officer will be a witness, the law

55

enforcement officer’s testimony shall be presented by a tribal prosecutor or other trained legal

advocate.

24.2 Except for the categories of violation specifically otherwise noted in this Decree,

if the predicate requirements are met, the State shall be precluded from initiating prosecutions of

the Tribes’ members in State courts for violations of State law or regulations pertaining to

Hunting, Trapping, , otherwise taking any species of wildlife, Fishing, or Gathering, when such

acts are within the scope of this Decree or subject to Tribal regulations that are consistent

herewith. This preclusion shall apply to the following statutes and their implementing

regulations, as now in force or hereafter amended, and other similar statutes and regulations:

(a) endangered species protection [Part 365 of Art. III, Chap. I, Natural

Resources and Environmental Protection Act (NREPA), Mich. Comp. Laws, § 324.36501 et

seq.];

(b) wildlife conservation [Part 401, Art. III, Chap. II, NREPA, Mich. Comp.

Laws, § 324.40101 et seq.];

(c) Hunting and Fishing licenses [Part 435, Art. III, Chap. II, NREPA, Mich.

Comp. Laws, § 324.43501 et seq.];

(d) Fishing with Hook and Line Gear [Part 453, Art. III, Chap. II, NREPA,

Mich. Comp. Laws, § 324.45301 et seq.];

(e) frogs [Part 455, Art. III, Chap. II, NREPA, Mich. Comp. Laws, §

324.45501 et seq.];

(f) mussels [Part 457, art. III, Chap. II, NREPA, Mich. Comp. Laws, §

324.45701 et seq.];

56

(g) fish shanties [Part 465, Art. III, Chap. II, NREPA, Mich. Comp. Laws, §

324.46501 et seq.]; and

(h) spearing fish in Houghton Lake [Part 485, Article III, Chap. II, NREPA,

Mich. Comp. Laws, § 324.48501]

(i) sport Fishing [Part 487, Art. III, Chap. II, NREPA, Mich. Comp. Laws, §

324.48701 et seq.].

24.3 This Decree does not preclude the State from prosecuting in State court alleged

violations by Tribal members of the provisions of the Michigan Penal Code, Mich. Comp. Laws,

§ 750.1 to 750.568, as now in force or hereafter amended. Violations of State or Tribal law

pertaining to safety zone closures near occupied dwellings, trespass or recreational trespass, and

hunter harassment, as defined in State or Tribal law or regulations consistent with this Decree,

shall be concurrently enforceable by State and Tribal officers, with prosecution to occur in either

State or Tribal courts, provided that nothing herein shall be construed as creating a right of a

defendant to seek removal of a prosecution from State court to Tribal court or from Tribal court

to State court, and provided further that Tribal members shall not be prosecuted in State court

under circumstances in which non-Tribal members would not be prosecuted for the same

offense. If the State issues a citation to a Tribal member for a violation of State law under this

Paragraph 24.3 or Paragraph 24.5 of this Decree, it shall provide notice of the citation to the

Tribal member’s Tribe on the next business day or as soon thereafter as practicable. In the event

that it is not practicable to provide notice of the citation to the Tribal member's Tribe on the next

business day, the State shall explain in writing the reasons that the provision of such notice was

impracticable. Notwithstanding the foregoing, the State's failure to provide notice of a citation

57

or a written explanation for such failure to the Tribal member's Tribe shall not constitute a

defense to the citation.

24.4 Tribal members operating off-road vehicles, snowmobiles, boats or other vessels

who are engaged in the exercise of a treaty-related Hunting, Trapping, Fishing or Gathering

activity, shall not be subject to State vehicle or vessel registration requirements, provided that the

Tribal member satisfies Tribal license requirements for the activity in question, is in compliance

with applicable Tribal Hunting, Trapping or Fishing season limitations in Tribal law adopted

pursuant to this Decree, and possesses evidence of being currently engaged in Hunting,

Trapping, Fishing or Gathering, such as fish, game or common items related to Hunting,

Trapping, Fishing or Gathering such as Fishing rods, tip-ups, firearms, traps, or nets.

24.5 On non-Tribally owned lands, operation of an off-road vehicle, snowmobile, or

boat or vessel by a Tribal member in a manner that creates a threat to public safety or damage to

the environment is enforceable by both State and Tribal officers under provisions of State or

Tribal law or regulation, with concurrent jurisdiction in both State and Tribal court.

24.6 The provisions set forth in subparagraphs (a) through (c) of this Paragraph 24.6,

by which State law enforcement officers shall have the authority to enforce Tribal regulations on

non-Tribal lands, shall be effective only if, and only for so long as, the Parties are able to identify

a mechanism by which Tribal law enforcement officers shall have the authority to: stop hunters

and fishermen in the field in order to determine whether they are Tribal members; enforce Tribal

regulations with respect to Tribal members; and, to the extent they are deputized under

applicable law, enforce State regulations with respect to non-Tribal members. The State shall

not be liable for the acts or omissions of Tribal law enforcement officers in the performance of

their duties under this Decree and the Tribes shall not be liable for the acts or omissions of the

58

State's law enforcement officers in the performance of their duties under this Decree. Moreover,

nothing in this Decree shall be construed to mean either that Tribal law enforcement officers are

agents of the State or that State law enforcement officers are agents of the Tribes.

(a) Conservation officers of the MDNR are authorized to enforce a Tribe’s

regulations pertaining to Inland Article 13 Rights on non-Tribal lands and to institute

proceedings in a Tribal forum through the issuance of a citation upon satisfaction of the

following requirements:

(i) certification as a law enforcement officer by MCOLES, or its

successor agency; and

(ii) successful completion of a cultural awareness program approved

by the State and the Tribes.

MDNR shall provide the Tribes with updated lists of officers meeting these criteria.

(b) In order to assure professional, fair, and reasonable enforcement of the

Tribes’ regulations, any Tribe subject to this Decree may initiate a complaint of unprofessional

conduct against a Michigan conservation officer, by means of filing the standard form available

from the Law Enforcement Division of the MDNR. In order to assure transparency in the

investigation of such charges, the chief law enforcement officer of the Tribe initiating a

complaint shall be invited to:

(i) participate in the investigation of such charges; and

(ii) participate as a member of the review board that reviews the

investigation, determines the validity of such charges and establishes any corrective or

disciplinary actions that may be appropriate if officer misconduct is established.

(c) A MDNR conservation officer may:

59

(i) conduct routine inspections of boats, wagons, trailers, vehicles,

snowmobiles, containers, packages, or other containers utilized by a person in a Harvesting

Activity authorized by Tribal law;

(ii) stop and board any boat and stop any vehicle or snowmobile if the

officer reasonably suspects there is a violation of Tribal law;

(iii) execute any process for enforcement of the provisions of Tribal

law;

(iv) with or without a warrant, open, enter and examine boats, wagons,

trailers, vehicles, snowmobiles and packages and other containers, in which the officer has

probable cause to believe that contraband wild plants, wild animals, fish, or carcasses or parts

thereof may be contained, or as part of a routine inspection authorized under subparagraph (c)(i)

of this Paragraph 24.6; and

(v) if a violation occurs in the officer’s presence, seize, with or

without a warrant, any article which is subject to forfeiture under applicable Tribal law, or which

may be required as evidence of a violation of applicable Tribal law, provided that any article so

seized shall be delivered within 5 working days of the time of seizure into the custody of the

Tribal member’s Tribal forum, unless said article is immediately delivered into the custody of an

officer of the Tribal member’s Tribe. Officers shall exhaust all other practical means of

gathering required evidence prior to seizing an article under this subparagraph.

24.7 The records of a Tribal court related to State or Tribal citations or arrests of Tribal

members for alleged violations related to Hunting and Fishing under this Decree, including

records of court dispositions of such citations or arrests, shall be accessible to MDNR

conservation officers during normal business hours.

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24.8 Each Tribe shall prepare an annual summary of citations and arrests of Tribal

members for alleged violations related to Hunting and Fishing under this Decree, showing the

date of violation, the agency initiating the citation or arrest, the location by county of the alleged

violation, the charge filed, and the status or disposition of each incident. The report shall be

provided to the State no later than the last day in February of the following year. Upon request,

the State shall provide a Tribe comparable data for Hunting and Fishing violations prosecuted by

the State.

24.9 If Michigan law is amended or modified in the future to provide the opportunity for

the deputization of Tribal conservation officers by the MDNR, the State and the Tribes shall

work together to develop a process to provide for deputization of such officers.

XXV. WILDLIFE SPECIES FOR WHICH THE STATE DOESNOT CURRENTLY PERMIT HUNTING

Except as otherwise provided in Section XVIII (Migratory Birds), the Tribes shall not

authorize their members to harvest wildlife species that cannot lawfully be harvested under State

law as of October 2006 (as set forth in Appendix K, which is attached hereto and made a part

hereof), provided that if any such species is biologically capable of withstanding harvest and the

Tribes express interest in such harvest, the State and the Tribes shall make best efforts to reach

consensus regarding Tribal harvest of such species, and provided further that in the event such

consensus is not obtained, the Parties shall utilize the dispute resolution process under this

Decree to determine whether Tribal harvests may be permitted. For species designated as game

species under Michigan law as of October 2006 (as also set forth in Appendix K), the issue shall

be whether the State has a reasonable basis for prohibiting such harvests taking into

consideration the Tribes’ interest in allowing such harvests, provided that no harvest of moose

shall be permitted by the State or the Tribes unless the State and the Tribes agree that such

61

harvest is appropriate and agree on an allocation of such harvest. For all other species, the issue

shall be whether the State has a basis for objecting to the Tribes’ proposed harvest regulations

under Paragraph 26.2 of this Decree. Notwithstanding the foregoing, if in the future the State

permits the harvest of any species that cannot lawfully be harvested under State law as of

October 2006, the Tribes may also permit the harvest of such species. The State agrees to consult

with the Tribes on issues of mutual concern regarding such species, including allocation.

XXVI. CHANGES TO REGULATIONS

26.1 The Parties agree that management and regulation of fish, wildlife and other

natural resources must be dynamic and respond to changing conditions. Accordingly, from time

to time the State and the Tribes may change their harvesting regulations, provided that all such

changes shall be consistent with the provisions of this Decree. The State and the Tribes agree to

consult with each other about such changes in accordance with this Section XXVI and Section

XXIII (Consultation and Exchange of Information).

26.2 The State may object to a proposed Tribal regulatory change, provided that the

State shall not object to such a change unless, within 60 days of being notified of the proposed

change, it consults with the Tribes and demonstrates that: (a) the change would cause

demonstrable harm to the conservation of the resource at issue or a demonstrable threat to public

health or safety; and (b) prohibiting the change is reasonable and necessary to prevent such

conservation harm or public health or safety threat. If the State makes such an objection after

fully consulting with the Tribes, the Parties shall jointly refer the matter to binding arbitration to

be resolved within the next 60 days. The issue in the arbitration shall be whether the State has

satisfied the foregoing standards. The Tribe or Tribes proposing the regulatory change shall

defer implementation of the proposed change during the 60-day period in which the State might

62

object to the change and, if the State does object, pending resolution of the objection by

arbitration (but need not defer implementation pending an appeal of the arbitration award, unless

otherwise ordered by the Court). An arbitration award under this Paragraph 26.2 may be

vacated, modified or corrected on appeal only on the grounds set forth in the Federal Arbitration

Act, 9 U.S.C. §§ 10-11, as now in force or hereafter amended.

26.3 In the event that a reduction in fish or game populations requires more restrictive

State regulations, the Tribes and the State shall consult regarding appropriate adjustments, if any,

in Tribal regulations. The State may object to a Tribe’s decision not to make such an adjustment

in its regulations, provided that the State shall not make such an objection without consulting

with the Tribes and demonstrating that: (a) a failure to make the adjustment would cause

demonstrable harm to the conservation of the resource at issue; and (b) the adjustment is

reasonable and necessary to prevent such conservation harm. If the State makes such an

objection after fully consulting with the Tribes, the Parties shall jointly refer the matter to

binding arbitration to be resolved within the next 60 days. The issue in the arbitration shall be

whether the State has satisfied the foregoing standards. An arbitration award under this

Paragraph 26.3 may be vacated, modified or corrected on appeal only on the grounds set forth in

the Federal Arbitration Act, 9 U.S.C. §§ 10-11, as now in force or hereafter amended.

XXVII. DISPUTE RESOLUTION

27.1 Any dispute relating to the interpretation, application or enforcement of this

Decree shall be resolved by the procedures set forth in this Section XXVII. However, the

decision of a Party not to agree or not to give its consent with respect to a matter identified in this

Decree as requiring the mutual agreement or consent of the State and one or more of the Tribes

shall not be subject to dispute resolution under this Section.

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27.2 Negotiation

(a) It is the intent of the Parties that any dispute be resolved informally and

promptly through good faith negotiations among the Parties. Should any dispute or controversy

arise, the steps outlined in this Paragraph 27.2 shall immediately be taken.

(b) If the dispute involves any matter which is subject to an information

sharing or consultation provision under this Decree or which is addressed by the Information

Sharing and Consultation Protocol entered into pursuant to Paragraph 23.2 of this Decree, the

Party raising the dispute must first comply with the applicable information sharing and

consultation requirements and attempt to achieve consensus. If consensus on the matter is not

achieved, or if consensus on components of the dispute does not resolve the entire dispute, the

Party may proceed with the next step in dispute resolution under this Section.

(c) Any Party may initiate negotiation proceedings by sending written notice

to the other Parties setting forth the particulars of the dispute, the provision of this Decree

involved, and a suggested resolution of the problem. The recipient Parties involved in the

dispute must respond within 20 days of receipt with an explanation and response to the proposed

resolution, which response shall be sent to all other Parties.

(d) If correspondence does not resolve the dispute, the Parties involved in the

dispute and any other Parties who desire to attend shall meet on at least one (1) occasion within

fifteen (15) days after the response by the recipient Parties and attempt to resolve the matter.

(e) If the dispute is not resolved by negotiations within fifteen (15) days after

the Parties’ first meeting, or within any extended period of time to which the Parties agree, the

matter shall be referred to the Executive Council established under the Information Sharing and

Consultation Protocol entered into pursuant to Paragraph 23.2 of this Decree. The Executive

64

Council shall meet either in person or by teleconference within thirty (30) days of the referral to

address the matter.

27.3 Mediation

(a) In the event that the entire dispute is not resolved at the meeting of the

Executive Council, the Party raising the dispute may proceed to mediation. Unless the Parties

agree to a different mediation procedure, Voluntary Facilitative Mediation (“VFM”), pursuant to

W.D. Mich. LCivR 16.3, as now in force or hereafter amended, shall govern the mediation

process; provided, however, that notwithstanding those rules: (i) the Parties hereby consent to

mediation in accordance with this Section; and (ii) the Parties may agree to select a mediator

with background and experience in the subject matter which gave rise to the dispute, even if said

agreed-upon mediator is not on the list of Court-certified mediators.

(b) In the event the Parties cannot agree upon a mediator within ten (10) days

after the party invoking mediation has initiated the process by written notice to all Parties, the

mediator shall be selected by the Court’s ADR Administrator.

27.4 Judicial Resolution

(a) If the Parties do not resolve the matter through mediation, or if the Parties

agree to waive mediation, a Party or Parties may seek relief from the Court as provided by the

Federal Rules of Civil Procedure and the Local Rules of the Western District of Michigan.

(b) A Party desiring to initiate judicial resolution of the dispute shall file a

notice pleading with the Court containing a concise description of the matters in dispute, a

certification that the Party seeking relief has complied with the dispute resolution procedures of

this Decree, and a description of the relief requested. The other Parties may file a responsive

pleading within thirty (30) days.

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(c) Unless the Parties agree that the dispute can be resolved by motion

without the need for discovery or an evidentiary hearing, they shall request a scheduling

conference under W. D. Mich. LCivR 16.1, as now in force or hereafter amended, to establish a

timetable for disposition of the dispute.

(d) In the event of an emergency involving this Decree posing a threat of

immediate irreparable harm to a resource or a Party, a Party may seek immediate or temporary

relief under Fed. R. Civ. P. 65, as now in force or hereafter amended, and applicable local court

rules without following the procedural steps set forth in this Section.

27.5 Arbitration.

(a) The provisions in Paragraphs 27.1 through 27.4 of this Decree shall not

apply to disputes that are subject to binding arbitration under Section XXVI (Changes to

Regulations) or Section XXI (Assessment Activities). However, a Party must comply with the

applicable information sharing and consultation provisions of Section XXVI, Section XXI, and

the Information Sharing and Consultation Protocol adopted under Paragraph 23.2 of this Decree,

before invoking arbitration. If a Party invokes binding arbitration under Section XXVI or

Section XXI, the arbitration shall be conducted pursuant to W.D. Mich. LCivR 16.6, as now in

force or hereafter amended; provided, however, that notwithstanding those Rules: (i) the Parties

hereby consent to binding arbitration whenever this Decree calls for arbitration, which arbitration

shall be final, binding and non-appealable; (ii) the provisions of the Federal Arbitration Act, 9

U.S.C. §§ 10-11, as now in force or hereafter amended, shall apply to any arbitration award or

decree; and (iii) the Parties may agree to select an arbitrator with background and experience in

the subject matter which gave rise to the dispute, even if said agreed-upon arbitrator is not on the

list of Court-certified arbitrators.

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(b) In the event the Parties cannot agree upon an arbitrator within 20 days after the

Party invoking arbitration has initiated the process by written notice to all Parties, the arbitrator

shall be selected by the Court’s ADR Administrator. The arbitration proceedings shall be

concluded within the time period specified in this Decree.

XXVIII. MODIFICATIONS

Except as otherwise provided by federal law applicable to the modification of consent

decrees, modifications to this Decree shall be made only by mutual agreement among the Parties

and approval by this Court. In the event the Parties desire to modify this Decree, the Parties shall

present to this Court for its consideration a stipulation and a proposed order for modification of

the Decree.

XXIX. FEDERAL LANDS AND FEDERAL LAW

29.1 To the extent a particular activity on federal land under the jurisdiction and

control of the U.S. Forest Service, the U.S. Fish and Wildlife Service, the National Park Service,

or any successor agency is otherwise subject to State regulation, the exercise of Inland Article 13

Rights on such lands shall be governed by the terms of this Decree and applicable federal laws

and regulations. To the extent a particular activity on those federal lands would not otherwise be

subject to State regulation, the exercise of Inland Article 13 Rights on those lands shall be

governed by memoranda of understanding between the Tribes and the Forest Service, Fish and

Wildlife Service, or Park Service, or any successor agency, respectively, and by applicable

federal laws and regulations. The exercise of Inland Article 13 Rights on lands under the

jurisdiction and control of any other federal agency shall be governed by memoranda of

understanding between the Tribes and the agency or its successor and applicable federal laws and

regulations.

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29.2 Issues concerning the applicability of particular federal laws or regulations to the

Tribes’ Inland Article 13 Rights shall be determined in accordance with prevailing law

governing the applicability of federal law to Indian treaty rights. The Parties do not intend this

Decree to limit or expand the application of federal law, including but not limited to the

Endangered Species Act, to Indian treaty rights as determined under prevailing law.

Dated: _________________________ __________________________________RICHARD ALAN ENSLENSENIOR UNITED STATES DISTRICT JUDGE

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Appendix A

LANDS AND INLAND WATERS WITHIN THE BOUNDARIES OF THE TERRITORY CEDED IN THE 1836 TREATY

69

70

Appendix B1

PROTOCOL FOR THE TRIBES’ AUTHORIZATION OF THEIR MEMBERS’ USE OF SPECIALLY REGULATED FISHING METHODS AND FOR MANAGEMENT OF

TRIBAL AND STATE WALLEYE FISHERIES IN WALLEYE LAKE SYSTEMS

This Protocol is adopted in accordance with Section XII of the Decree. The provisions of

this Protocol are intended to facilitate implementation of Section XII of the Decree but shall not

relieve any party of any obligation it has under the Decree. In the event of any inconsistency

between the provisions of the Decree and the provisions of this Protocol, the provisions of the

Decree shall be controlling. Except as authorized by this Protocol or otherwise authorized in the

Decree or by mutual agreement of the Tribes and the State, the Tribes shall prohibit their

members from using Specially Regulated Fishing Methods in Walleye Lake Systems. However,

notwithstanding any other provision of this Protocol, if the State permits State licensees to use

Specially Regulated Fishing Methods in Walleye Lake Systems: (1) the Tribes may permit their

members to use Specially Regulated Fishing Methods in Walleye Lake Systems subject to

regulations that are no less restrictive than applicable State regulations; and (2) the Tribes and

the State shall make appropriate adjustments, as may be necessary, to the provisions of this

Protocol.

I. INTRODUCTION

1.1. Use of Specially Regulated Fishing Methods in Walleye Lake Systems. In

accordance with Paragraphs 12.1 and 12.2 of the Decree, the Tribes may authorize their

members to use Specially Regulated Fishing Methods in Walleye Lake Systems as provided in

this Protocol, provided that the Tribes shall not authorize their members to use Impoundment

Nets or Long Seines in tributaries to Walleye Lake Systems, except where the use of such gear is

71

permitted by State law or Paragraph 11.4 of the Decree. Short Seines are not subject to the

provisions in this Protocol.

1.2. Tribal and State Management of Walleye Fisheries. The Tribes and State shall

use this Protocol to manage their respective walleye fisheries in Walleye Lake Systems located

within the 1836 Ceded Territory when use of Specially Regulated Fishing Methods is authorized.

This Protocol is intended to provide the State and the Tribes with flexibility in managing their

respective fisheries in Walleye Lake Systems and to provide a mechanism for modification as

biological, environmental, and social circumstances might require.

1.3. Management Procedures for Specially Regulated Fishing Methods. The

Tribes’ authorization of their members’ use of Specially Regulated Fishing Methods in a

Walleye Lake System shall be subject to either the Threshold Level Procedures described in

Section VI of this Protocol, or the Allocation-Based Procedures described in Section VII of this

Protocol. The foremost objective for each of these management procedures is to maintain the

total annual exploitation rate of Adult Walleyes in a Walleye Lake System by Tribal and State-

licensed fishers at or below the agreed upon Total Allowable Annual Exploitation Rate, and to

provide equivalent protections for other species of fish in a Walleye Lake System, as may be

necessary, although the procedures differ in how this foremost objective is accomplished.

Threshold Level Procedures require moderate management effort in accounting for harvest and

Fishing activity and do not require population assessments. Allocation-Based Procedures require

rigorous management by the State and the Tribes, including comprehensive monitoring of

harvest and Fishing activity and population assessments.

1.4. Choice of Management Procedures; Fishing Effort Limitations under

Threshold Level Procedures. The amount of Fishing Effort using Specially Regulated Fishing

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Methods that the Tribes authorize in a particular Walleye Lake System shall determine whether

Allocation-Based Procedures or Threshold Level Procedures shall be used in that Walleye Lake

System. This Protocol establishes a Threshold Harvest Level applicable to the use of Specially

Regulated Fishing Methods by Tribal members for each Walleye Lake System at a level that

minimizes the risk that Tribal and State-licensed fishers will exceed the Total Allowable Annual

Exploitation Rate for that Walleye Lake System. Unless one or more of the Tribes invokes

Allocation-Based Procedures in a particular Walleye Lake System, the Tribes must limit their

members’ use of Specially Regulated Fishing Methods in that Walleye Lake System in

accordance with Paragraph 6.5 of this Protocol. The Fishing Effort restrictions in Paragraph 6.5

of this Protocol are designed to ensure that the total harvest of Adult Walleyes with Specially

Regulated Fishing Methods in a Walleye Lake System is below the Threshold Harvest Level for

that Walleye Lake System.

1.5. Tribal Authorization of Fishing with Methods Other Than Specially

Regulated Fishing Methods Not Limited. Except as provided in Section VIII of this Protocol,

the Tribes’ authorization of their members’ use of fishing methods other than Specially

Regulated Fishing Methods in Walleye Lake Systems is not limited by this Protocol, but Tribal

members’ harvests of Adult Walleye using such other methods shall be estimated and taken into

account under Allocation-Based Procedures as set forth in Paragraphs 7.3 and 7.4(c) of this

Protocol.

II. DEFINITIONS

As used in this Protocol, the terms defined in Section III (Definitions) of the Decree shall

have the meanings ascribed to them in that Section. In addition, the following terms shall have

the meanings ascribed to them in this Section II:

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2.1. “Adult Walleye” means a walleye that is at least 15 inches in length or a walleye

of any size for which sex can be determined by extruding gametes.

2.2 “Fishing Effort” means the amount of time spent Fishing using a specified type of

Fishing gear or method.

2.3 “Total Allowable Annual Exploitation Rate” means the proportion of fish that can

safely be harvested from a fish population during a one-year period.

2.4. “Natural Recruitment Walleye Lake System” means a Walleye Lake System in

which the population of Adult Walleyes is comprised of 50% or more walleyes that are naturally

produced or in which the population of Adult Walleyes is comprised of unknown percentages of

naturally produced and stocked walleyes.

2.5. “Overfishing” means the harvest of fish of any species by State and/or Tribal

fishers at an annual exploitation rate that is greater than the Total Allowable Annual Exploitation

Rate for that species in a particular Lake System.

2.6. “Stocked Walleye Lake System” means a Walleye Lake System in which the

population of Adult Walleyes is comprised of more than 50 percent walleyes that are stocked.

2.7. “Threshold Exploitation Level” means the maximum annual exploitation rate for

Adult Walleyes using Specially Regulated Fishing Methods in a Walleye Lake System that is

allowed under Threshold Level Procedures.

2.8. “Threshold Harvest Level” means the maximum annual number of Adult

Walleyes that can be authorized for harvest by the Tribes with the use of Specially Regulated

Fishing Methods in a Walleye Lake System under Threshold Level Procedures. The Threshold

Harvest Level is equal to the estimated number of adult fish times the Threshold Exploitation

Level.

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III. WALLEYE LAKE SYSTEMS

Table 1 of this Protocol contains an initial list of Walleye Lake Systems in the 1836

Ceded Territory. The Tribes and the State shall add additional Lake Systems to the list of

Walleye Lake Systems upon request of any Tribe or the State if those Lake Systems meet the

definition of a Walleye Lake System in Paragraph 3.28 of the Decree. Similarly, the Tribes and

the State shall remove Lake Systems from the list of Walleye Lake Systems upon request of any

Tribe or the State if those Lake Systems no longer meet the definition of a Walleye Lake System

in Paragraph 3.28 of the Decree. A request to add a Lake System to or remove a Lake System

from the list of Walleye Lake Systems, including the supporting biological documentation, shall

be made in writing and sent to the State and all Tribes by July 1 of the year preceding the year in

which Lake System is to be added to or removed from the list of Walleye Lake Systems, or by

such other date as may be mutually agreed upon by the State and the Tribes. The list of Walleye

Lake Systems shall be updated with any changes by December 15 of the year the request was

received.

IV. WALLEYE POPULATION ESTIMATES

Walleye population estimates are essential to the proper management of walleye harvest

under this Protocol. Walleye population estimates shall be calculated according to the following

methods.

4.1. Walleye Population Regression Equations. Except as provided in Paragraph

4.2, the Tribes and the State agree to use the following regression equations to estimate the Adult

Walleye population in each Walleye Lake System. In addition, the Tribes and the State shall

review these equations and any substitute equations every five years and may change them by

mutual agreement.

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Equation 1 -- Adult Population Estimate for a Natural Recruitment Walleye Lake System:

ln(N) = 1.519 + 0.956 x ln(A)

Equation 2 -- Adult Population Estimate for a Stocked Walleye Lake System:

ln(N) = 1.037 + 0.897 x ln(A)

where for both equations,

N = estimate of the Adult Walleye population, i.e., the number of Adult Walleyes

on the spawning grounds, and

A = surface area of the Walleye Lake System in acres, excluding tributaries.

The Tribes and the State shall collaborate in a project to develop criteria for determining the

classification of Walleye Lake Systems (i.e., Natural Recruitment Walleye Lake Systems versus

Stocked Walleye Lake Systems, including sub-classifications if appropriate) and regression

equations for each classification type that are specific to Michigan, based upon empirical

estimates of population sizes of Adult Walleyes derived for Walleye Lake Systems in the 1836

Ceded Territory. The design of the project shall commence within two years of the entry of the

Decree by the Court. Upon mutual agreement of the State and the Tribes that a Michigan

regression equation or equations developed in this project provides more accurate estimates than

the corresponding Equation 1 or Equation 2 above, the Tribes and the State shall use the

Michigan regression equation or equations in place of the corresponding Equation 1 or Equation

2 above. If such mutual agreement is not attainable by the State and the Tribes, the State and the

Tribes shall each select an independent expert to determine the accuracy of a Michigan

regression equation or equations developed in this project. If the selected experts are unable to

agree, they shall jointly select a third expert to resolve the matter. In addition, the Tribes and the

State shall continue to update the Michigan regression equation or equations with any new

76

empirical estimates of population sizes of Adult Walleyes derived for Walleye Lake Systems in

the 1836 Ceded Territory.

4.2. Empirical Population Estimates of Adult Walleyes. The Tribes and the State

shall develop a mutually agreeable protocol for conducting walleye population assessments. An

Adult Walleye population estimate derived from a walleye population assessment in a Walleye

Lake System shall be used in place of the regression equations described in Paragraph 4.1. An

empirical population estimate of Adult Walleyes for a Walleye Lake System shall be recorded

and shall be used for five years, or until an empirical population estimate of Adult Walleyes is

calculated from a new population assessment to replace it. After five years, an empirical

population estimate of the Adult Walleyes for a Walleye Lake System shall be discarded and

shall be replaced with the population estimate of Adult Walleyes using the applicable regression

equation under Paragraph 4.1 of this Protocol.

4.3. Alternative Methods. Upon mutual agreement of the Tribes and the State, an

alternative method for estimating the Adult Walleye population in a Walleye Lake System may

be implemented. If the alternative method is not based on empirical population estimates from

Walleye Lake Systems in Michigan, then the Tribes and the State shall determine and apply, as

set forth in Paragraph 7.2 of this Protocol, mutually agreeable percentage reductions for the value

of N in Equation 3, when Fishing under Allocation-Based Procedures in Walleye Lake Systems

of 1,000 surface acres or more (excluding tributaries).

4.4. Initial Estimates. Table 1 of this Protocol sets forth the initial Adult Walleye

population estimate in each Walleye Lake System listed in Table 1, using the methodologies set

forth in Paragraphs 4.1 and 4.2 of this Protocol and available information on the surface area of

Walleye Lake Systems (excluding tributaries) and the source of Adult Walleye recruitment in

77

such Systems. The Tribes and the State shall revise the Adult Walleye population estimates in

Table 1 in accordance with Paragraphs 4.2 and 4.3 of this Protocol and/or on the basis of

additional information on the surface area of Walleye Lake Systems (excluding tributaries) or the

source of Adult Walleye recruitment in such Systems, as appropriate. A request to revise an

Adult Walleye population estimate for a Walleye Lake System, including the supporting

information, shall be made in writing and sent to the State and all Tribes by July 1 of the year

preceding the year in which the revised estimate is to take effect or by such other date as may be

mutually agreed upon by the Tribes and the State. The Adult Walleye population estimate shall

be revised by December 15 of the year the request was received.

V. TOTAL ALLOWABLE ANNUAL EXPLOITATION RATES AND TOTAL HARVEST LEVELS

The Tribes and State shall manage their respective fisheries in accordance with this

Protocol to prevent the combined harvest by Tribal and State-licensed fishers from exceeding the

Total Allowable Annual Exploitation Rates and Total Harvest Levels for Adult Walleyes in

Walleye Lake Systems.

5.1. Total Allowable Annual Exploitation Rates. The Total Allowable Annual

Exploitation Rate for Adult Walleyes in each Walleye Lake System shall be 35% of the

estimated Adult Walleye population in that Walleye Lake System, provided that the Total

Allowable Annual Exploitation Rate for Adult Walleyes is subject to change on any Walleye

Lake System by mutual agreement of the Tribes and the State. A request to change the Total

Allowable Annual Exploitation Rate for Adult Walleyes in a Walleye Lake System, including

the supporting biological documentation and duration of the proposed change, shall be submitted

in writing to all Tribes and the State by July 1 of the year preceding the effective date of the

proposed change, or by such other date as may be mutually agreed upon by the State and the

78

Tribes, and shall be reviewed by State and Tribal biologists to ensure that the change shall

protect the walleye population in that Walleye Lake System and that the change shall comply

with the objectives and rules of this Protocol. The Tribes and the State shall declare whether or

not they agree with a requested change by December 15 of the year the request was received. If

the Tribes and the State agree to change the Total Allowable Annual Exploitation Rate for a

Walleye Lake System, then the new Total Allowable Annual Exploitation Rate for that Walleye

Lake System shall be recorded and used in future management for the agreed upon duration or

until changed by mutual agreement of the Tribes and the State under this Paragraph 5.1.

5.2. Total Harvest Levels. The Total Harvest Level for Adult Walleyes in any

Walleye Lake System shall be calculated as shown in Equation 3.

Equation 3 -- Total Harvest Level for Adult Walleyes:

Htot = N x Etot

where,Htot = Total Harvest Level for Adult Walleyes;

N = the estimated number of Adult Walleyes in the Walleye Lake System

determined in accordance with Section IV of this Protocol; and

Etot = Total Allowable Annual Exploitation Rate as defined in Paragraph 5.1 of

this Protocol.

VI. THRESHOLD LEVEL PROCEDURES FOR WALLEYE LAKE SYSTEMS

6.1. Use of Threshold Level Procedures. Unless one or more of the Tribes invokes

Allocation-Based Procedures for a particular Walleye Lake System, the Threshold Level

Procedures set forth in this Section VI shall be used if one or more Tribes authorizes its members

to use Specially Regulated Fishing Methods in that Walleye Lake System.

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6.2. Objectives of Threshold Level Procedures; Methods for Achieving

Objectives. As set forth above, the foremost objective of Threshold Level Procedures is to

maintain the total annual exploitation rate of Adult Walleyes by Tribal and State-licensed fishers

in a Walleye Lake System at or below the Total Allowable Annual Exploitation Rate for that

Walleye Lake System. A second objective is to maintain the total annual exploitation rates of

other fish species in Walleye Lakes Systems at acceptable levels. A third objective of Threshold

Level Procedures is to ensure that Tribal members have an opportunity to use Specially

Regulated Fishing Methods in a Walleye Lake System to harvest Adult Walleyes and other fish

species in that Walleye Lake System without requiring implementation of the more rigorous

management practices required under Allocation-Based Procedures. These objectives are

accomplished by: (1) setting a Threshold Exploitation Level with a corresponding Threshold

Harvest Level in each Walleye Lake System, as set forth in Paragraphs 6.3 and 6.4 of this

Protocol; (2) implementing a permit system that (a) controls harvest by limiting annual Fishing

Effort by Tribal members using Specially Regulated Fishing Methods on each Walleye Lake

System, such that the number of Adult Walleyes allowed for harvest using Specially Regulated

Fishing Methods shall not exceed the Threshold Harvest Level for Adult Walleyes and (b) limits

the use of Impoundment Nets and Long Seines to protect species other than walleye, both as set

forth in Paragraph 6.5 of this Protocol; (3) applying daily bag limits, possession limits, and size

limits, as set forth in Paragraph 11.3 of the Decree and Paragraph 6.5 and Section VIII of this

Protocol; and (4) utilizing appropriate State management of State-licensed fishers to limit

exploitation rates on Adult Walleyes by such fishers to the difference between the Total

Allowable Annual Exploitation Rate for Adult Walleyes and the Threshold Exploitation Level,

in the event that, on the basis of available information, the combined exploitation rates by State-

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licensed fishers and Tribal fishers are expected to exceed the Total Allowable Annual

Exploitation Rate.

6.3. Threshold Exploitation Levels. Except as provided below, the Threshold

Exploitation Level for each Walleye Lake System, which shall be used to limit the annual

Fishing Effort by Tribal members using Specially Regulated Fishing Methods, is:

(a) Ten percent (10%) of the estimated Adult Walleye population in Walleye

Lake Systems of 1,000 surface acres or more, excluding tributaries, provided that, if the

estimated Adult Walleyes population is not based on a Michigan regression equation under

Paragraph 4.1 of this Protocol, an empirical population estimate under Paragraph 4.2 of this

Protocol, or an alternative method under Paragraph 4.3 of this Protocol, the Threshold

Exploitation Level for such lakes shall be six percent (6%) of the estimated Adult Walleye

population in 2008, eight percent (8%) of the estimated Adult Walleye population in 2009, and

ten percent (10%) of the estimated Adult Walleye population in 2010 and thereafter, and

(b) Five percent (5%) of the estimated Adult Walleye population in Walleye

Lake Systems of less than 1,000 surface acres, excluding tributaries, in all years.

The Threshold Exploitation Level in a Walleye Lake System can be adjusted up or down by

mutual agreement between the State and the Tribes. Requests for such an adjustment shall

include the duration of the proposed change and the supporting biological documentation that

demonstrates that the proposed change to the Threshold Exploitation Level will not result in a

total annual exploitation rate that exceeds the Total Allowable Annual Exploitation Rate for

Adult Walleyes. If a Tribe elects to fund a creel survey to obtain such information, the State

shall cooperate in conducting the study. Requests to adjust a Threshold Exploitation Level shall

be submitted in writing to the State and all Tribes by July 1 of the year preceding the effective

81

date of the proposed adjustment, or by such other date as may be mutually agreed upon by the

State and the Tribes. Requests for an adjustment to a Threshold Exploitation Level shall be

reviewed by State and Tribal biologists to ensure that any adjustment will protect the walleye

population and populations of other fish species in that Walleye Lake System and complies with

the objectives and rules of this Protocol. The Tribes and the State shall declare whether or not

they agree with a requested adjustment to the Threshold Exploitation Level for a Walleye Lake

System by December 15 of the year the request was received. If the Tribes and the State agree to

adjust a Threshold Exploitation Level, the new level shall be recorded and shall be used in future

management for the agreed-upon duration or until changed by the State and the Tribes under this

Paragraph.

6.4. Threshold Harvest Levels. In order to apply the Fishing Effort limitations set

forth in Paragraph 6.5 of this Protocol, the Threshold Exploitation Level for a Walleye Lake

System shall be converted to a Threshold Harvest Level for that Walleye Lake System (i.e., the

number of Adult Walleyes that the Tribes can authorize their members to harvest using Specially

Regulated Fishing Methods in that Walleye Lake System under Threshold Level Procedures).

The calculation of the Threshold Harvest Level for a Walleye Lake System is shown in Equation

4.

Equation 4 -- Threshold Harvest Level:

Hthl = N x Ethl

where,Hthl = Threshold Harvest Level;

N = the estimated number of Adult Walleye in the Walleye Lake System, as

determined in accordance with Section IV of this Protocol, and

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Ethl = the Threshold Exploitation Level for that Walleye Lake System, as

determined in accordance with Paragraph 6.3.

6.5. Fishing Effort Limitations under Threshold Level Procedures.

(a) The Tribes shall limit their members’ Fishing Effort for walleyes with

Specially Regulated Fishing Methods in each Walleye Lake System subject to Threshold Level

Procedures so that the number of Adult Walleyes allowed for harvest by Tribal members using

such methods does not exceed the Threshold Harvest Level established for that Walleye Lake

System under Paragraph 6.4. To achieve this objective, the Tribes shall require their members to

obtain a Tribal permit for the use of Specially Regulated Fishing Methods that is specific to a

Walleye Lake System and that specifies the starting date and time of each 24-hour period during

which the permit is valid and a daily walleye bag limit. The number of walleyes allowed for

harvest under each permit issued in accordance with this Subparagraph 6.5(a) shall equal the

number of 24-hour periods for which the permit is valid times the daily walleye bag limit

specified in the permit. The Tribes shall maintain a running tally of the number of walleyes

allowed for harvest under such permits in each Walleye Lake System and, when the number of

walleyes allowed for harvest under all such permits for a particular Walleye Lake System

reaches the Threshold Harvest Level for that Walleye Lake System, the Tribes shall cease

issuing permits for the use of Specially Regulated Fishing Methods to harvest walleyes in that

Walleye Lake System.

(b) In addition to the limitation on the issuance of permits in

Subparagraph 6.5(a), the Tribes shall limit the use of Impoundment Nets and Long Seines in

each Walleye Lake System as provided in this Subparagraph 6.5(b). The Tribes shall limit each

permit for the use of Impoundment Nets or Long Seines to the use of a single Impoundment Net

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or a single Long Seine during one or more 24-hour periods. The total number of such 24-hour

periods in all such permits in a particular Walleye Lake System shall be limited as follows:

i. No more than three (3) 24-hour periods per 100 surface acres per

year in Walleye Lake Systems of 1,000 surface acres or more, excluding tributaries, rounded to

the nearest whole number; and

ii. No more than one and one-half (1.5) 24-hour periods per 100

surface acres per year in Walleye Lake Systems of less than 1,000 surface acres, excluding

tributaries, and rounded to the nearest whole number.

The Tribes shall maintain a running tally of the number of 24-hour periods in such permits for

each Walleye Lake System and, when the number of such 24-hour periods under all such permits

for a particular Walleye Lake System reaches the limit for that Walleye Lake System, the Tribes

shall cease issuing permits for the use of Impoundment Nets or Long Seines for that Walleye

Lake System.

(c) The provisions in Subparagraph 6.5(b) are intended to limit the amount of Fishing

Effort with Impoundment Nets and Long Seines in order to protect species of fish other than

walleyes. The Tribes and the State may by mutual agreement provide for an alternative

mechanism to protect species of fish other than walleye in lieu of those provisions. A proposal

to adopt an alternative mechanism to protect species of fish other than walleyes in a particular

Walleye Lake System or Systems, including the supporting biological documentation and

proposed duration of the alternative mechanism, shall be made in writing and sent to the State

and all Tribes by July 1 of the year preceding the year in which the alternative mechanism is to

be implemented, or by such other date as may be mutually agreed upon by the State and the

Tribes. The Tribes and the State shall declare whether they agree to implement the proposal by

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December 15 of the year the proposal was made. If the Tribes and the State agree to implement

the proposal, the alternative mechanism shall be used for the particular Walleye Lake System(s)

for which it was proposed for the agreed-upon duration or until changed by the State and the

Tribes under this Paragraph.

(d) The permit system, running tally of walleyes authorized for harvest, and

running tally of 24-hour periods under Impoundment Net and Long Seine permits shall be

coordinated among the Tribes to ensure that the combined Tribal harvest of walleyes that is

authorized using Specially Regulated Fishing Methods does not exceed the Threshold Harvest

Level for a Walleye Lake System and that the number of 24-hour periods in which Impoundment

Nets or Long Seines may be used does not exceed the applicable limitation under Subparagraph

6.5(b).

(e) In determining whether to cease issuing permits for a specific Walleye

Lake System, the Tribes may take into consideration reliable information regarding the actual

harvest of walleyes in a Walleye Lake System. Reliable information, with respect to Tribal

harvests with Specially Regulated Fishing Methods, as used in this Paragraph, is limited to:

(1) the release or cancellation of a permit before the effective date of the permit; (2) information

verified on-site by professional biological or law enforcement personnel; or (3) other information

as mutually agreed by the Tribes and the State. In issuing permits under the provisions of this

Paragraph 6.5, the Tribes may determine on a case-by-case basis the walleye bag limit of each

permit in order to best achieve Tribal management objectives.

6.6. Permit Requirements under Threshold Level Procedures. The permits

required under Threshold Level Procedures shall include the name of the Tribal member, the

date(s) and 24- hour period(s) during which the permit is effective, the Walleye Lake System for

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which the permit is issued, and the walleye bag limit for each 24-hour period authorized under

the permit. The permits and the walleye bag limits shall be consistent with the management

objectives of the Tribal permit system and the Threshold Level Procedures. The Tribes shall

require their members to have such permits in possession when Fishing under the provisions of

the Threshold Level Procedures. The Tribes shall not issue more than one such permit per

member for use in any Walleye Lake System during a 24-hour period.

6.7. Monitoring Harvest under Threshold Level Procedures. The Tribes shall

require that Tribal members report harvests using Specially Regulated Fishing Methods under

Threshold Level Procedures as a condition of receiving a fishing permit. The Tribes shall

provide an annual summary of those harvest reports to the State and all Tribes by January 31 of

the year following the harvests, or by such other date as may be mutually agreed upon by the

State and the Tribes. This annual summary shall include the number of permits issued and the

total number of fish harvested by species, gear type, and Tribe for each Walleye Lake System.

6.8. Monitoring Fishing Activity under Threshold Level Procedures. The Tribes

shall monitor Fishing activity by Tribal members using Specially Regulated Fishing Methods

under Threshold Level Procedures as necessary to ensure compliance with Tribal Fishing

regulations and Tribal permits. The Tribes shall use professional biological or law enforcement

personnel when monitoring of Fishing activity is deemed necessary under this Paragraph 6.8. If

violations are detected, they shall be handled in accordance with law enforcement procedures

described in Section XXIV (Law Enforcement) of the Decree.

6.9. Monitoring Fish Populations under Threshold Level Procedures. Biological

surveys of the population of Adult Walleyes are not required under Threshold Level Procedures.

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VII. ALLOCATION-BASED PROCEDURES

7.1. Use of Allocation-Based Procedures. If one or more of the Tribes seeks to

authorize its members to use Specially Regulated Fishing Methods in a Walleye Lake System in

excess of the Threshold Harvest Level for that Walleye Lake System, or if one or more of the

Tribes seeks to authorize Fishing Effort with Impoundment Nets or Long Seines for species other

than walleyes in excess of the limitations set forth under Subparagraph 6.5(b) of this Protocol or

those adopted under Subparagraph 6.5(c) of this Protocol, then Allocation-Based Procedures

shall be used in that Walleye Lake System in accordance with this Section VII. The primary

goal of Allocation-Based Procedures is to protect fish populations from Overfishing so that

fishery resources are maintained in a healthy condition for the benefit of all current and future

State and Tribal users, while at the same time providing the Tribes and the State with flexibility

in managing Fishing activity of Tribal and State fishers and enabling the Tribes and the State

each to harvest a specific species of fish in a Walleye Lake System at up to 50% of the Total

Allowable Annual Exploitation Rate for that species .

7.2. Objectives of Allocation-Based Procedures; Methods for Achieving

Objectives. As set forth above, the foremost objective of Allocation-Based Procedures is to

maintain the total annual exploitation rate of Adult Walleyes by Tribal and State-licensed fishers

in a Walleye Lake System at or below the Total Allowable Annual Exploitation Rate for that

Walleye Lake System. A second objective is to maintain the total annual exploitation rates of

other fish species in Walleye Lakes Systems at acceptable levels. A third objective of

Allocation-Based Procedures is to enable Tribal members to harvest Adult Walleyes and other

species of fish using Specially Regulated Fishing Methods in a Walleye Lake System in excess

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of the Threshold Harvest Level for that Walleye Lake System. These objectives are

accomplished by: (1) determining the Total Harvest Level that can occur in a Walleye Lake

System in accordance with Section V of this Protocol, except that, if the estimated number of

Adult Walleyes is not based on a Michigan regression equation under Paragraph 4.1 of this

Protocol, an empirical population estimate under Paragraph 4.2 of this Protocol, or an alternative

method that does not require the application of a percentage reduction for the value of N in

Equation 3 when Fishing under Allocation-Based Procedures in Walleye Lake Systems of 1,000

surface acres or more (excluding tributaries) under Paragraph 4.3 of this Protocol, the value of

“N” in Equation 3 shall be 70% of the estimated number of Adult Walleyes for lakes of 1,000

surface acres or more (excluding tributaries) and 50% of the estimated number of Adult

Walleyes for lakes of less than 1,000 surface acres (excluding tributaries); (2) setting harvest

limits for Tribal members using Specially Regulated Fishing Methods and for State-licensed

fishers using other fishing methods, as set forth in Paragraph 7.4 of this Protocol; (3) completely

monitoring harvests to ensure compliance with such harvest limits, as set forth in Paragraph 7.6

of this Protocol; and (4) applying daily bag limits, possession limits, and size limits, as set forth

in Paragraph 11.3 of the Decree and Section VIII of this Protocol. In the event that the State or

one or more Tribes believe these methods are insufficient to protect walleye or other species of

fish in a Walleye Lake System, it shall propose additional methods to protect such fish, and the

State and the Tribes shall consult for the purpose of developing such methods as provided in

Paragraph 7.3 of this Protocol.

7.3. Invoking Allocation-Based Procedures. One or more Tribes may invoke

Allocation-Based Procedures for any individual Walleye Lake System by declaring its intention

to authorize the use of Specially Regulated Fishing Methods to harvest a number of Adult

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Walleyes that exceeds the Threshold Harvest Level for that Walleye Lake System. Under

Allocation-Based Procedures, the Tribes may declare their intent to authorize the use of

Specially Regulated Fishing Methods to harvest up to 50% of the Total Harvest Level for a

Walleye Lake System, less a reasonable estimate (based on information obtained under

Subparagraph 7.6(b) of this Protocol) of the harvest by Tribal members using other fishing

methods. The Tribe(s) shall notify the State of its intention to invoke Allocation-Based

Procedures on any Walleye Lake System by July 1 of the year preceding the year in which the

proposed harvests are to occur, or by such other date as may be mutually agreed upon by the

State and the Tribes. Upon delivery and receipt of such notice, the State and the Tribes shall

prepare to implement the Allocation-Based Procedures described in this Section VII, including,

if necessary, the development of methods to protect species of fish other than walleye in Walleye

Lake Systems.

7.4. Harvest Regulations under Allocation-Based Procedures.

(a) State and Tribal Regulations. After one or more Tribes declare its intent

to invoke Allocation-Based Procedures in a Walleye Lake System, the State and the Tribes shall

confer to determine the appropriate levels of harvest for Adult Walleyes and other species of fish

by Tribal fishers using Specially Regulated Fishing Methods and by State-licensed fishers,

including, if necessary, reductions in harvests by State-licensed fishers. Such levels of harvest

for Adult Walleyes and other species of fish shall be based on: (1) the Total Harvest Level that

can occur in a Walleye Lake System as determined in accordance with Section V and Paragraph

7.2 of this Protocol; and (2) the percentage of the Total Harvest Level declared by the Tribes

under Paragraph 7.3 of this Protocol. In order to protect the resource, the State and the Tribes

shall then take steps to regulate harvests by their respective fishers to remain within their

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designated harvest levels, and to assess the walleye population, as necessary. The Parties

understand that in all likelihood it may take up to three years to modify existing regulations

governing State-licensed fishers to achieve the appropriate harvest levels for such fishers;

however, best efforts shall be made to phase-in the necessary regulations as quickly as possible

during any such period.

(b) Non-Participating Tribes. In the event that a Tribe decides not to

participate in the additional management actions required under Allocation-Based Procedures,

that Tribe shall restrict its members’ Fishing Effort with Specially Regulated Fishing Methods in

that Walleye Lake System in the manner set forth in Paragraph 6.5 of this Protocol so that the

number of walleye allowed for harvest by its members using Specially Regulated Fishing

Methods does not exceed one-fifth of the Threshold Harvest Level for that Walleye Lake

System, provided that in applying Subparagraph 6.5(e) of this Protocol under these

circumstances, “reliable information” shall be limited to: (1) the release or cancellation of a

permit before the effective date of the permit; and (2) information obtained through voluntary

compliance with the monitoring provisions set forth in Subparagraph 7.6(a) of this Protocol.

(c) List of Lakes Subject to Allocation-Based Procedures. A final list of

all Walleye Lake Systems declared for management under Allocation-Based Procedures shall be

developed by February 15 of the year in which Fishing under Allocation-Based Procedures will

occur, or by such other date as may be mutually agreed upon by the State and the Tribes. The

list shall indicate the maximum number of Adult Walleyes available for harvest by Tribal

members using Specially Regulated Fishing Methods and other fishing methods, and the

maximum number of Adult Walleyes that will be available for harvest by State-licensed fishers

in each year that a Walleye Lake System is on the list. The Tribes are responsible for

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determining allocations among the Tribes on Walleye Lake Systems declared for management

under Allocation-Based Procedures. Annual allocations among the Tribes of harvests with

Specially Regulated Fishing Methods can vary as the Tribes desire, but the sum of such

allocations cannot exceed 50% of the Total Harvest Level less a reasonable estimate (based on

information obtained under Subparagraph 7.6(b) of this Protocol) of the harvest by Tribal

members using other Fishing methods.

(d) Removal of Walleye Lake Systems from Allocation-Based Procedures.

Walleye Lake Systems shall be removed automatically from the Allocation-Based Procedures

list for the upcoming year if the Tribes do not declare their intention to harvest Adult Walleyes in

excess of the Threshold Harvest Level using Specially Regulated Fishing Methods by July 1 of

the year preceding the year in which the proposed harvests are to occur, or by such other date as

may be mutually agreed upon by the State and the Tribes. In addition, if Tribal members did not

attempt to harvest walleyes using Specially Regulated Fishing Methods from a Walleye Lake

System that had been declared for Allocation-Based Procedures in the previous year, that

Walleye Lake System shall be automatically removed from the Allocation-Based Procedures list

for the following year. When a Walleye Lake System is removed from the Allocation-Based

Procedures list, it reverts to being managed under Threshold Level Procedures.

7.5. Permit System under Allocation-Based Procedures. The Tribes shall require

their members to obtain permits to fish with Specially Regulated Fishing Methods under

Allocation-Based Procedures. The permits shall include the name of the Tribal member, the

starting date and time of the 24-hour period(s) during which the permit is effective, the Walleye

Lake System for which the permit is issued, and the walleye bag limit for each 24-hour period

authorized under the permit. The permits and the walleye bag limit shall be consistent with the

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management objectives of the Tribal permit system and the Allocation-Based Procedures. The

Tribes shall require their members to have such permits in possession when Fishing under the

provisions of the Allocation-Based Procedures. The Tribes shall not issue more than one such

permit per member for use in any Walleye Lake System during a 24-hour period.

7.6. Monitoring Harvest under Allocation-Based Procedures.

(a) Fish Harvested with Specially Regulated Fishing Methods. The Tribe

or Tribes that invokes Allocation-Based Procedures for a Walleye Lake System shall be

responsible for monitoring the Fishing activity and harvests of the members of all the Tribes

Fishing under Allocation-Based Procedures in that Walleye Lake System with Specially

Regulated Fishing Methods. On each Walleye Lake System that is being managed under

Allocation-Based Procedures, the responsible Tribe(s) shall identify specific sites on the shore of

the Walleye Lake System being Fished where all Tribal fishers of the Tribes that invoked

Allocation-Based Procedures shall check in before Fishing and check out after Fishing. At the

time of check out, all Tribal fishers of the Tribes that invoked Allocation-Based Procedures shall

present for examination all fish harvested. All fish harvested by Tribal members using Specially

Regulated Fishing Methods under Allocation-Based Procedures shall be identified by species,

counted, and recorded, and a sample of fish of each species harvested each day shall be

measured, by professional biological or law enforcement personnel of the Tribe(s) that invoked

Allocation-Based Procedures.

(b) Fish Harvested with Fishing Methods Other Than Specially

Regulated Fishing Methods. The State shall conduct creel surveys to estimate fish harvested

with Hook and Line Gear, whether by Tribal or State-licensed fishers, on Walleye Lake Systems

declared for Allocation-Based Procedures, with the same frequency as the fish population

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assessments required under Paragraph 7.7. The Tribes shall encourage and facilitate their

members' cooperation with such surveys. The Tribes shall estimate the number of fish harvested

by their members who use Fishing methods other than Specially Regulated Fishing Methods or

Hook-and-Line-Gear in accordance with Paragraph 11.3 of the Decree.

(c) Data Sharing. The Tribes and the State shall share data regarding the

total annual harvest by all Tribal and State-licensed fishers and information regarding the Fishing

methods used by January 31 of the year following harvest, or by such other date as may be

mutually agreed upon by the State and the Tribes.

7.7. Monitoring Fish Populations under Allocation-Based Procedures. Empirical

population estimates of Adult Walleyes must be conducted as frequently as determined necessary

by the Tribes and the State on Walleye Lake Systems declared for Allocation-Based Procedures

by one or more Tribes. If an empirical population estimate of Adult Walleyes is deemed

necessary, then the Tribe(s) that invoked Allocation-Based Procedures and the State shall share

equally in obtaining the empirical population estimate of Adult Walleyes, unless otherwise

mutually agreed upon by the Tribes and State. Surveys shall be conducted by professional

biological personnel of the State and those Tribe(s) that invoked Allocation-Based Procedures.

Unless the State and the Tribes mutually agree otherwise, they shall use the empirical population

estimate of the Adult Walleye population in such Walleye Lake Systems in accordance with

Section IV of this Protocol, except that an empirical population estimate of Adult Walleyes for a

Walleye Lake System shall be recorded and shall be used for four years, or until an empirical

population estimate of Adult Walleyes is calculated from a new population assessment to replace

it. After four years, an empirical population estimate of the Adult Walleyes for a Walleye Lake

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System shall be discarded and shall be replaced with the population estimate of Adult Walleyes

using the procedures as set forth in Paragraph 4.1 of this Protocol.

VIII. BAG, POSSESSION, AND SIZE LIMITS AND SEASONS

The Tribes shall use bag, possession, and size limits and seasons to regulate their

members’ harvest of Adult Walleyes and other species of fish with Specially Regulated Fishing

Methods in a Walleye Lake System in accordance with Paragraph 11.3 of the Decree, including

daily bag and minimum size limits for the harvest of trout, bass, northern pike, and muskellunge

and daily bag and possession limits for the harvest of bluegill, sunfish, crappie, lake whitefish,

and yellow perch. In addition, the Tribes and the State shall impose at least a 14-inch minimum

size limit on all walleye harvests. The Tribes shall require Tribal members who inadvertently

spear walleyes that are less than the minimum size limit to retain them as part of the daily bag

limit without penalty to the fisher, except that the Tribes shall prohibit the intentional targeting of

walleyes below the legal size limit. The minimum size limit required by this Section VIII may

be changed by mutual agreement of the Tribes and the State.

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Table 1. – List of Walleye Lake Systems in the 1836 Ceded Territory with the initialdetermination of the source of recruitment and the Threshold Harvest Levels.

Walleye LakeSystem Name County

Lake Surface

Area (Acres)

Estimated Number of

Adult Walleyes1

Source of

Recruit-ment2

Threshold Harvest Level

(Numbers of Adult

Walleyes)

Lakes ≥ 1,000 acresHoughton Lake Roscommon 20,075 59,297 n 5,930Burt Lake Cheboygan 17,395 42,0323 n 4,203Charlevoix, Lake Charlevoix 17,268 9,8593 s 986Mullett Lake Cheboygan 16,704 49,740 n 4,974Big Manistique Lake Mackinac 10,346 11,8563 n 1,186Black Lake Cheboygan 10,113 14,0133 n 1,401Indian Lake Schoolcraft 8,647 26,506 n 2,651Leelanau, Lake Leelanau 8,607 54,6653 n 5,467Grand Lake Presque Isle 5,822 4,6413 n 464Long Lake Alpena 5,342 3,6953 n 370Hamlin Lake Mason 4,622 5,467 s 547Brevoort Lake Mackinac 4,315 5,140 s 514Muskegon Lake Muskegon 4,232 37,8903 s 3,789South Manistique Lake Mackinac 4,133 7,8983 n 790Crooked-Pickerel lakes Emmet 3,434 10,963 n 1,096Long Lake Grand Traverse 2,911 9,361 n 936Hardy Dam Pond Newaygo 2,773 8,936 n 894Skegemog, Lake Kalkaska/

Grand Traverse2,766 3,449 s 345

Mitchell, Lake Wexford 2,649 8,554 n 855White Lake Muskegon 2,535 3,190 s 319Platte Lake Benzie 2,532 3,186 s 319Portage Lake Manistee 2,116 2,712 s 271Missaukee, Lake Missaukee 2,035 2,619 s 262Milakokia Lake Mackinac 2,031 6,635 n 664Otsego Lake Otsego 2,013 2,594 s 259Margrethe, Lake Crawford 1,922 2,488 s 249Paradise, Lake Emmet 1,912 6,263 n 626Bear Lake Manistee 1,873 2,431 s 243Bellaire, Lake Antrim 1,789 5,877 n 588North Manistique Lake Luce 1,709 1,5273 n 153Intermediate Lake Antrim 1,571 2,077 s 208Hodenpyl Dam Pond Wexford 1,530 5,061 n 506Au Train (Cleveland Cliffs) Basin

Alger 1,489 4,932 n 493

McDonald Lake Schoolcraft 1,441 1,922 s 192West Twin Lake Montmorency 1,306 1,759 s 176Cadillac, Lake Wexford 1,172 3,923 n 392Croton Dam Pond Newaygo 1,129 3,785 n 379Millecoquins Lake Mackinac 1,123 1,537 s 154Tippy Dam Pond Manistee 1,086 3,647 n 3654

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Table 1. – Continued.


Lake Surface

Area (Acres)

Estimated Number of

Adult Walleyes1

Source of

Recruit-ment2


(Numbers of Adult

Walleyes)

Lakes ≥ 1,000 acresManistee Lake Manistee 1,051 3,535 n 354

Lakes < 1000 acresBig Star Lake Lake 890 1,247 s 62Gulliver Lake Schoolcraft 881 1,236 s 62Manistee Lake Kalkaska 874 1,227 s 61Au Train Lake Alger 845 2,869 n 143Caribou Lake Chippewa 829 2,817 n 141Fremont Lake Newaygo 825 1,165 s 58East Twin Lake Montmorency 820 1,159 s 58Chippewa Lake Mecosta 791 1,122 s 56Beaver Lake Alger 783 2,668 n 133Muskallonge Lake Luce 762 2,599 n 130Silver Lake Oceana 672 969 s 48Mona Lake Muskegon 656 949 s 47Silver Lake Grand Traverse 609 887 s 44Fife Lake Grand Traverse 606 884 s 44Pere Marquette Lake Mason 606 884 s 44Upper Herring Lake Benzie 572 839 s 42Trout Lake Chippewa 568 1,963 n 98Big Whitefish Lake Montcalm 502 746 s 37Crooked Lake Missaukee 490 730 s 37Round Lake Delta 482 720 s 36Pentwater Lake Oceana 482 1,678 n 84Lake Geneserath Charlevoix 480 717 s 36Straits/Corner/Deep/Skeels Lake Chain

Delta 472 706 s 35

Beaufort Lake Baraga 467 699 s 35Little Lake Marquette 460 690 s 35Lower Herring Lake Benzie 450 677 s 34Spider Lake Grand Traverse 445 1,554 n 78Horsehead Lake Mecosta 443 667 s 33Lincoln Lake Kent 417 632 s 32Eight Point Lake Clare 416 1,457 n 73Long Lake Cheboygan 379 4943 n 25Rose Lake Osceola 373 572 s 29Sixmile Lake Antrim 369 566 s 28Round Lake Emmet 353 544 s 27Big Bear Lake Otsego 344 532 s 27Rogers Impundment Mecosta 337 1,192 n 60

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Lake Surface

Area (Acres)

Estimated Number of

Adult Walleyes1

Source of

Recruit-ment2


(Numbers of Adult

Walleyes)

Lakes < 1000 acresBig Blue Lake Muskegon 336 521 s 26Stella Lake Alger 332 515 s 26Thunder Lake Schoolcraft 331 514 s 26Birch Lake Antrim 325 505 s 25Lake Esau Presque Isle 319 497 s 25Boardman Lake Grand Traverse 317 494 s 25Lake Mecosta Mecosta 312 1,107 n 55Pickerel Lake Newaygo 308 481 s 24Pike Lake Luce 286 1,019 n 51Coldwater Lake Isabella 285 449 s 22Long Lake Montmorency 279 995 n 50Bodi Lake Luce 275 435 s 22Bass Lake Marquette 273 432 s 22Deer Lake Alger 266 422 s 21Lake Sapphire Missaukee 246 394 s 20Schweitzer Cr Flowage Marquette 245 392 s 20Hart Lake Oceana 236 379 s 19Wolf Lake Muskegon 225 363 s 18Big Lake Osceola 212 344 s 17Long Lake Clare 211 762 n 38Rainy Lake Presque Isle 202 730 n 37Bills Lake Newaygo 200 327 s 16Clifford Lake Montcalm 195 320 s 16Petes Lake Schoolcraft 194 703 n 35Bass Lake Kent 188 682 n 34School Section Lake Oceana 187 308 s 15Frenchmans Lake Chippewa 185 305 s 15Little Whitefish Lake Montcalm 180 297 s 15Monocle Lake Chippewa 172 626 n 31Little Brevoort Lake Mackinac 163 595 n 30Nichols Lake Newaygo 153 257 s 13Bass Lake Luce 144 529 n 26Littlefield Lake Isabella 140 237 s 12Steuben Lake Schoolcraft 136 231 s 12Robinson Lake Oceana 134 228 s 11Pleasant Lake Wexford 130 222 s 11Gooseneck Lake Delta 128 219 s 11Gemini Lakes Schoolcraft 128 219 s 11East Lake Luce 125 214 s 11Ocqueoc Lake Presque Isle 125 462 n 23Big Lake Otsego 124 213 s 11

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Lake Surface

Area (Acres)

Estimated Number of

Adult Walleyes1

Source of

Recruit-ment2


(Numbers of Adult

Walleyes)

Lakes < 1000 acresSchool Section Lake Mecosta 122 210 s 11Kingston Lake Alger 122 451 n 23Hackert Lake Mason 120 207 s 10Ess Lake Montmorency 119 440 n 22Pretty Lake Mecosta 116 201 s 10Long Lake Mason 107 398 n 20Boot Lake Schoolcraft 106 185 s 9Lake Twentyseven Otsego 106 394 n 20Crockery Lake Ottawa 104 182 s 9Culhane Lake Luce 100 176 s 9

Totals 1836 Territory 218,343 508,507 47,713

1. Unless otherwise indicated, the estimates of population size are based on 2007 Wisconsin Regression Equations for lakes with walleye populations in which the primary recruitment sources are either natural reproduction or stocked fish, whichever is appropriate.

2 n = walleye recruitment is 50% or more from natural reproduction or walleye recruitment composition from naturally produced and stocked walleyes is unknown; s = walleye recruitment is more than 50% from stocked walleyes.

3 Estimate of population size was based on a recent biological survey conducted by the Michigan Department of Natural Resources or the Tribes within the past 5 years.

4 The State and the Little River Band of Ottawa Indians agree to cooperate in jointly conducting a population assessment at Tippy Dam Pond within two years of the entry of this Decree.

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Appendix B2

PROTOCOL FOR THE TRIBES’ AUTHORIZATION OF THEIR MEMBERS’ USE OF IMPOUNDMENT NETS AND LONG SEINES IN NON-WALLEYE LAKE SYSTEMS

This Protocol is adopted in accordance with Section XII of the Decree. The provisions of

this Protocol are intended to facilitate implementation of Section XII of the Decree but shall not

relieve any party of any obligation it has under the Decree. In the event of any inconsistency

between the provisions of the Decree and the provisions of this Protocol, the provisions of the

Decree shall be controlling. Except as authorized by this Protocol or otherwise authorized in the

Decree or by mutual agreement of the Tribes and the State, the Tribes shall prohibit their

members from using Impoundment Nets or Long Seines in Non-Walleye Lake Systems.

However, notwithstanding any other provision of this Protocol, if the State permits State

licensees to use Impoundment Nets or Long Seines in Non-Walleye Lake Systems: (1) the Tribes

may permit their members to use Impoundment Nets or Long Seines subject to regulations that

are no less restrictive than applicable State regulations; and (2) the Tribes and the State shall

make appropriate adjustments, as may be necessary, to the provisions of this Protocol.

I. INTRODUCTION

1.1. Use of Impoundment Nets and Long Seines in Non-Walleye Lake Systems. In

accordance with Paragraphs 12.1 and 12.3 of the Decree, the Tribes may authorize their

members to use Impoundment Nets and Long Seines throughout Non-Walleye Lake Systems as

provided in Protocol described in this Appendix B2, provided that the Tribes shall not authorize

their members to use Impoundment Nets or Long Seines in tributaries to Non-Walleye Lake

Systems except where the use of such gear is permitted by State law or Paragraph 11.4 of the

Decree. Short Seines are not subject to the provisions of this Protocol.

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1.2. Tribal Authorization of Fishing with Methods Other Than Impoundment

Nets and Long Seines Not Restricted. Except as provided in Section VI of this Protocol, the

Tribes’ authorization of their members’ use of fishing methods other than Impoundment Nets

and Long Seines in Non-Walleye Lake Systems is not limited by this Protocol.

II. DEFINITIONS

As used in this Protocol, the terms defined in Section III (Definitions) of the Decree shall

have the meanings ascribed to them in that Section and the terms defined in Section II

(Definitions) of Appendix B1 shall have the meanings ascribed to them in that Section.

III. NON-WALLEYE LAKE SYSTEMS

All Lake Systems that are not being managed as Walleye Lake Systems under Section III

(Walleye Lake Systems) of Appendix B1 shall be managed as Non-Walleye Lake Systems under

this Appendix B2.

IV. INTERIM THRESHOLD LEVEL PROCEDURES FOR THE TRIBES’ AUTHORIZATION OF THEIR MEMBERS USE OF IMPOUNDMENT NETS OR LONG

SEINES IN NON-WALLEYE LAKE SYSTEMS

4.1. Application of Interim Threshold Level Procedures. Unless one or more of

the Tribes invokes Allocation-Based Procedures for a Non-Walleye Lake System, the Tribes’

authorization of their members’ use of Impoundment Nets or Long Seines in Non-Walleye Lake

Systems shall be subject to the Interim Threshold Level Procedures set forth in this Section IV.

4.2. Objectives of the Interim Threshold Level Procedures; Methods for

Achieving Objectives. The foremost objective of Interim Threshold Level Procedures is to

maintain the total annual exploitation rate of all species of fish in Non-Walleye Lake Systems at

acceptable levels. A second objective of Interim Threshold Level Procedures is to ensure that

Tribal members have an opportunity to use Impoundment Nets and Long Seines to harvest fish

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in Non-Walleye Lake Systems without requiring implementation of the more rigorous

management practices that will be required under Allocation-Based Procedures. These

objectives are accomplished by: (1) implementing a permit system that controls harvest by

limiting annual Fishing Effort by Tribal members using Impoundment Nets and Long Seines on

each Non-Walleye Lake System, as set forth in Paragraph 4.4 of this Protocol; and (2) applying

daily bag limits, possession limits, and size limits, as set forth in Paragraph 11.3 of the Decree

and Section VI of this Protocol.

4.3. Fishing Effort Limitations under Interim Threshold Level Procedures. The

Tribes shall limit their members’ Fishing Effort with Impoundment Nets and Long Seines in

each Non-Walleye Lake System in order to protect the fish populations in those Systems. The

premise for these Fishing Effort limitations is that the Fishing Effort limitations under the

Threshold Level Procedures, as set forth in Section VI of Appendix B1, are adequate to protect

non-walleye species in Walleye Lake Systems and should likewise be adequate to protect non-

walleye species in Non-Walleye Lake Systems. To achieve this objective, the Tribes shall

require their members to obtain a Tribal permit for the use of Impoundment Nets and Long

Seines that is specific to a Non-Walleye Lake System and that specifies the starting date and time

of each 24-hour period during which the permit is valid. Fishing Effort with Impoundment Nets

and Long Seines on a Non-Walleye Lake System shall be limited in accordance with Paragraph

4.4.

4.4. Fishing Effort Limitations under Interim Threshold Level Procedures. The

Tribes shall limit the use of Impoundment Nets and Long Seines in each Non-Walleye Lake

System as set forth in this Paragraph 4.4. The Tribes shall limit each permit for the use of

Impoundment Nets or Long Seines to the use of a single Impoundment Net or a single Long

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Seine during one or more 24-hour period(s). The total number of such 24-hour periods in all

such permits in a particular Non-Walleye Lake System shall be limited as follows:

a. No more than three (3) 24-hour periods per 100 surface acres per year in

Non-Walleye Lake Systems of 1,000 surface acres or more, excluding tributaries, rounded to the

nearest whole number; and

b. No more than one and one-half (1.5) 24-hour periods per 100 surface acres

per year in Non-Walleye Lake Systems of less than 1,000 surface acres, excluding tributaries,

and rounded to the nearest whole number.

The Tribes shall maintain a running tally of the number of 24-hour periods in such permits for

each Non-Walleye Lake System and, when the number of such 24-hour periods under all such

permits for a particular Non-Walleye Lake System reaches the limit for that Non-Walleye Lake

System, the Tribes shall cease issuing permits for the use of Impoundment Nets or Long Seines

for that Non-Walleye Lake System.

4.5. Permit Requirements. The Tribes shall require their members to obtain a permit

for the use of Impoundment Nets or Long Seines in a Non-Walleye Lake System that is specific

to that Non-Walleye Lake System and that specifies the 24-hour period(s) during which the

permit is valid. The permit shall include the name of the Tribal member, the date(s) and times

during which the permit is effective, and the name of the Non-Walleye Lake System for which

the permit is issued. The permit shall be consistent with the management objectives of the Tribal

permit system and these Interim Threshold Level Procedures. The Tribes shall require their

members to have such permits in possession when Fishing under the provisions of these Interim

Threshold Level Procedures. The Tribes shall not issue more than one such permit per member

for use in any Non-Walleye Lake System during a 24-hour period.

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4.6. Monitoring Harvest under Interim Threshold Procedures. The Tribes shall

require that Tribal members report harvests using Impoundment Nets or Long Seines under these

Interim Threshold Level Procedures as a condition of receiving a permit. The Tribes shall

provide an annual summary of these harvest reports to the State and all Tribes by January 31 of

the year following the harvests, or by such other date as may be mutually agreed upon by the

State and the Tribes. This annual summary shall include the number of permits issued and the

total number of fish harvested by species, gear type, and Tribe for each Non-Walleye Lake

System.

4.7. Monitoring Fishing Activity under Interim Threshold Level Procedures. The

Tribes shall monitor Fishing activity by Tribal members using Impoundment Nets or Long

Seines under Interim Threshold Level Procedures as necessary to ensure compliance with Tribal

fishing regulations and Tribal permits. The Tribes shall use professional biological or law

enforcement personnel when monitoring of Fishing activity is deemed necessary under this

Paragraph. If violations are detected, they shall be handled in accordance with law enforcement

procedures described in Section XXIV (Law Enforcement) of the Decree.

4.8 Future Changes to Interim Threshold Level Procedures. The State and the

Tribes may modify these Interim Threshold Level Procedures by mutual agreement. Requests

for such a modification, including the supporting biological documentation and the duration of

the proposed change, shall be submitted in writing to the State and all Tribes by July 1 of the

year preceding the effective date of the proposed modification, or by such other date as may be

mutually agreed upon by the State and the Tribes. Requests for a modification to Interim

Threshold Level Procedures shall be reviewed by State and Tribal biologists to ensure that the

modification will protect the fish species in the affected Non-Walleye Lake System and complies

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with the objectives and rules of this Protocol. The Tribes and the State shall declare whether or

not they agree with a requested modification to Interim Threshold Level Procedures for a Non-

Walleye Lake System by December 15 of the year the request was received. If the Tribes and

the State agree to change Interim Threshold Level Procedures, the new procedures shall be

recorded and shall be used for the particular Non-Walleye Lake System(s) for which it was

proposed for the agreed-upon duration or until changed by the State and the Tribes under this

Paragraph.

V. ALLOCATION-BASED PROCEDURES

If one or more Tribes desires to authorize Fishing Effort in excess of the limitations set

forth under Section IV of this Protocol, the Tribes and the State shall develop Allocation-Based

Procedures to prevent the combined harvest by State and Tribal fishers from exceeding a

mutually acceptable harvest level for any species. The primary goal of Allocation-Based

Procedures is to protect fish populations from Overfishing so that fishery resources are

maintained in a healthy condition for the benefit of all current and future State and Tribal users,

while at the same time providing the Tribes and the State with flexibility in managing the Fishing

activity of Tribal and State fishers. Under such Allocation-Based Procedures, the Tribes may

declare their intent to authorize the use of Impoundment Nets and/or Long Seines to harvest up

to 50% of the mutually acceptable harvest levels for any species in a Non-Walleye Lake System,

less a reasonable estimate (based on information obtained under Paragraph 7.6(b) of Appendix

B1 for that Non-Walleye Lake System) of the harvest by Tribal members using other fishing

methods. A Tribe seeking to authorize Fishing Effort in excess of the limitations set forth under

Section IV of this Protocol shall provide written notice to the State and all other Tribes at least

one year preceding the year in which the Fishing Effort is to occur.

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VI. BAG, POSSESSION, AND SIZE LIMITS AND SEASONS

The Tribes shall use bag, possession, and size limits and seasons to regulate their

members’ harvest of species of fish with Impoundment Gear or Long Seines in a Non-Walleye

Lake System in accordance with Paragraph 11.3 of the Decree, including daily bag, possession,

and minimum size limits for the harvest of trout, bass, northern pike, and muskellunge and daily

bag and possession limits for the harvest of bluegill, sunfish, crappie, lake whitefish, and yellow

perch.

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Appendix C

NON-MEMBER ASSISTANCE

General Principle 1. A Tribal member may engage in Hunting, Fishing, Trapping, or Gathering

with any other person who is not a member of an 1836 Treaty Tribe, provided that the non-

member possesses a license from, and complies with, the laws of the State of Michigan

governing the subject activity.

General Principle 2. No Tribal member may be assisted in carrying out a usufructuary activity

by a person who is not a member of an 1836 Treaty Tribe, unless the non-member is the spouse,

parent, grandparent, child, grandchild, or sibling of the Tribal member, and the Tribal member is

physically present during the activity.

General Principle 3. Permitted assistance by authorized non-members (as defined in General

Principle 2) shall not include using a Spear or other gear to harvest fish, using a firearm or Bow,

setting or placing traps or snares, uprooting a plant, or removing parts of plant from a plant left

growing.

General Principle 4. Any person may assist a Tribal member holding a Disabled Hunter’s

Permit, but shall not Hunt or carry a firearm or Bow unless authorized to do so by Tribal or

Michigan law.

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Appendix D

STATE SHOTGUN ZONE AS OF OCTOBER 2006

The dividing line between the northern rifle deer hunting zone and the southern shotgun

zone is as follows: Starting at a point on the Lake Michigan shoreline directly west of M-46,

then easterly to M-46, then easterly along M-46 to US-131 at Cedar Springs, southerly on US-

131 to M-57, easterly on M-57 to Montcalm Road on the Kent-Montcalm county line, southerly

on Montcalm Road and the Kent-Ionia county line to M-44, easterly on M-44 to M-66, northerly

on M-66 to M-57, easterly on M-57 to M-52 near Chesaning, northerly on M-52 to M-46,

easterly on M-46 to M-47, northerly on M-47 to US-10 west of Bay City, easterly on US- 10 to

I-75, northerly on I-75 and US-23 to Beaver Road (about 1 mile north of Kawkawlin), easterly to

Saginaw Bay, north 50 degrees east to the International Boundary.

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Appendix E

STREAMS DESIGNATED TYPES 5, 6 & 7 AS OF OCTOBER 2006

County StreamsAlger...................................................NoneAlpena ................................................NoneAntrim ................................................NoneBenzie.................................................NoneCharlevoix ..........................................NoneCheboygan ..........................................NoneChippewa ............................................NoneClare ...................................................NoneCrawford.............................................AuSable Mainstream, from

Burton’s Landing downstream to Wakeley Bridge, Manistee River,from M-72 downstream to CCC Bridge; North Branch AuSable River, from Sheep Ranch downstream to confluence with Mainstream, South Branch AuSable River, from Lower High Banks downstream to confluence with Mainstream, South Branch AuSable River, from Chase Bridge downstream to Lower High Banks.

Delta ..................................................Escanaba River, from Boney Falls Dam downstream to mouth of Silver Cr. (T40N, R23W, Sec. 11)

Emmet ................................................NoneGrand Traverse....................................NoneIonia....................................................NoneIsabella................................................NoneKalkaska .............................................Manistee River, from M-72

downstream to CCC Bridge.Kent ....................................................NoneLake....................................................Little Manistee River, from

Spencer’s Bridge (T19N, R13W, Sec. 5) downstream to Johnson’s Bridge (T20N, R14W, Sec. 24), Pere Marquette River, from M-37 downstream to Gleason’s Landing (T17N, R13W, Sec. 18).

Leelanau .............................................None

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Luce....................................................NoneMackinac ............................................NoneManistee .............................................NoneMarquette............................................NoneMason .................................................NoneMecosta...............................................NoneMissaukee ...........................................NoneMontcalm............................................NoneMontmorency......................................NoneMuskegon ...........................................NoneNewaygo.............................................NoneOceana ................................................NoneOsceola ...............................................NoneOscoda ................................................NoneOtsego.................................................NoneOttawa ................................................NonePresque Isle .........................................NoneRoscommon ........................................NoneSchoolcraft ..........................................NoneWexford..............................................None

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Appendix F

LAKES DESIGNATED TYPE D AS OF OCTOBER 2006

County LakesAlger...................................................NoneAlpena ................................................NoneAntrim ................................................NoneBenzie.................................................NoneCharlevoix ..........................................NoneCheboygan ..........................................Twin Lake #1Chippewa ............................................NoneClare ...................................................NoneCrawford.............................................NoneDelta ...................................................NoneEmmet ................................................NoneGrand Traverse....................................Sand Lake #2Ionia....................................................NoneIsabella................................................NoneKalkaska .............................................NoneKent ....................................................NoneLake....................................................NoneLeelanau .............................................NoneLuce....................................................Deer Lake, Moon Lake, Sid LakeMackinac ............................................NoneManistee .............................................NoneMarquette............................................Keyhole Lake (East), S. Kidney

Lake (T45N, R26W, Sec 28), Pauls Lake (North), Pauls Lake (South), Rockingchair Lake (North), Rockingchair Lake (South), Strawberry Lake

Mason .................................................NoneMecosta...............................................NoneMissaukee ...........................................NoneMontcalm............................................NoneMontmorency......................................NoneMuskegon ...........................................NoneNewaygo.............................................NoneOceana ................................................NoneOsceola ...............................................NoneOscoda ................................................NoneOtsego.................................................NoneOttawa ................................................NonePresque Isle .........................................None

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Roscommon ........................................NoneSchoolcraft ..........................................Dutch Fred Lake, Ned’s Lake,

Twilight LakeWexford..............................................None

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Appendix G

NOTE 8 TO TABLE 2 OF THE 2006 MICHIGAN FISHING GUIDE (p. 10)

The following lakes are closed to spearing of northern pike and muskellunge, except that

northern pike may be speared on waters as marked (*) from Jan. 1 – end of February.

County LakesAlger...................................................NoneAlpena ................................................Fletcher FloodwatersAntrim ................................................NoneBenzie.................................................NoneCharlevoix ..........................................NoneCheboygan ..........................................Cornwall ImpoundmentChippewa ............................................Caribou LakeClare ...................................................Budd LakeCrawford.............................................NoneDelta ...................................................*Dana LakeEmmet ................................................NoneGrand Traverse....................................NoneIonia....................................................NoneIsabella................................................NoneKalkaska .............................................NoneKent ....................................................Campau Lake and Murray LakeLake....................................................NoneLeelanau .............................................NoneLuce....................................................NoneMackinac ............................................Brevoort LakeManistee .............................................NoneMarquette............................................Fish LakeMason .................................................NoneMecosta...............................................NoneMissaukee ...........................................NoneMontcalm............................................NoneMontmorency......................................Fletcher Floodwaters and West

Twin LakesMuskegon ...........................................Mona LakeNewaygo.............................................NoneOceana ................................................NoneOsceola ...............................................NoneOscoda ................................................NoneOtsego.................................................Big Bear Lake and Otsego LakeOttawa ................................................Lake Macatawa

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Presque Isle .........................................NoneRoscommon ........................................NoneSchoolcraft ..........................................Big Bass Lake, Grassy Lake, and

McKeever LakeWexford..............................................None

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Appendix H

STATE FISHING REGULATIONS EXISTING AS OF OCTOBER 2006 APPLICABLE TO CERTAIN DESIGNATED QUALITY LAKES

Crawford County, Jones Lake: open season June 1 – Sept. 30, catch and release Fishing with

artificial lures; live bait in possession is unlawful.

Crawford County, Wakeley Lake: open season June 15-Aug. 31, catch and release Fishing with

artificial lures; live bait in possession is unlawful.

Montmorency County, North and South Blue Lakes and Robarge (Pike) Lake: open season is the

last Saturday in April – Sept. 30, catch and release only, artificial lures only.

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Appendix I

STREAMS DESIGNATED TYPES 1, 2, & 4 AS OF OCTOBER 2006

Except as otherwise noted, Type 1 Streams are not listed in this Appendix. A complete list of

streams designated Type 1 as of October 2006 is being filed separately with the Court.

County StreamsAlger........................... Anna River, from Railroad Bridge (T46N, R19W,

Sec. 14) downstream to Lake Superior, Au Train River, from Powerhouse below M-94 downstream to Lake Superior, Indian River, from “Wide Waters” (T44N, R19W, Sec. 13) downstream to Indian Lake, Laughing Whitefish River, from Forks (T47N, R22W, Sec. 22) downstream to Lake Superior, Miner’s River, from Miner’s Falls downstream to Lake Superior, Rock River, fromRailroad Bridge (T47N, R21W, Sec. 22) downstream to Lake Superior, Sable Creek, Sucker River, upstream limit is Old Grand Marais/Seney Road Bridge.

Alpena ........................ Devils River, from U.S. 23 Bridge downstream to Lake Huron, Long Lake Creek, downstream limit is Lake Huron.

Antrim ........................ Elk River Bypass, from Bypass Dam downstream to Lake Michigan, Grass River (inc. Clam Lake and Clam River), from Lake Bellaire downstream to Torch Lake, Intermediate River, from Intermediate Dam downstream to Lake Bellaire, Jordon River, from Graves Crossing downstream to Lake Charlevoix, Manistee River, from Headwaters downstream to M-72.

Benzie......................... Betsie River, from Kurick Rd. downstream to M-22, Platte River, from US 31 East of Honor downstream to Lake Michigan.

Charlevoix .................. Boyne River, from P.H. Dam downstream to Lake Charlevoix, Jordon River, from Graves Crossing downstream to Lake Charlevoix.

Cheboygan .................. Black River, from Tin Shanty Bridge Road downstream to Tower Dam, Maple River, from Dam (T36N, R4W, Sec. 10) in Emmet County downstream to mouth, Mill Creek, Pigeon River, from Dam (T32N, R1W, Sec. 19) downstream to

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M-68 Bridge, Pigeon River, from M-68 Bridge downstream to mouth, Sturgeon River, from Afton Rd. (Also Called Webb Rd. or Wolverine Rd.) downstream to mouth.

Chippewa .................... Albany Creek, from bridge below lamprey weir to Lake Huron, E. Br. Tahquamenon River, downstream limit is North Hulbert Road (T46N, R07W, Sec. 9) Bridge, Halfaday Creek, from Lakeshore Drive downstream to Lake Superior, Pendill’s Creek, from Second Dam (T47N, R4W, Sec. 28) downstream to Lake Superior.

Clare ........................... NoneCrawford..................... AuSable River Mainstream, from Grayling City

Dam downstream to Burton’s Landing, AuSable River Mainstream, from Wakeley Bridge downstream to Rainbow Bend Powerline (T26N, R2E, Sec 4), Manistee River, from Headwaters downstream to M-72.

Delta ........................... Bark River, from 9 Road (Section Line Between T38N, R24W, Sec. 20 & 29) downstream to Lake Michigan, Big Fishdam River, from County Road 2222 Bridge (T41N, R18W, Sec. 9) downstream to Lake Michigan, Days River, from Highway M-35 Bridge downstream to Lake Michigan, Escanaba River, from the mouth of the W. Br. Escanaba R. (T43N, R25W, Sec. 3) downstream to Boney Falls Dam (T41N, R24W, Sec. 2), Ford River, from T43N, R27W, S. 35 (Dickenson County) downstream to L. Michigan, Rapid River, from County Road S-15 (T42N, R21W, Sec. 19) downstream to Lake Michigan, Sturgeon River, from County Road 442 Bridge (T42N, R20W, Sec. 13) downstream to Lake Michigan, Tacoosh River, from 29th Lane (County Road G-24) downstream to Lake Michigan, Whitefish River, from 38th Road (U.S.F.S. 2236) downstream to Lake Michigan.

Emmet ........................ Maple River, from Dam T36N, R4W, Sec. 10, Emmet County downstream to mouth.

Grand Traverse............ NoneIonia............................ Dickerson Creek, Fish Creek, from Sidney Rd.

downstream to confluence with Maple River, Prairie Creek, Sebewa Creek and Tributaries.

Isabella........................ NoneKalkaska ..................... Manistee River, from CCC Bridge (T26N, R6W,

Sec 26) downstream to US 131, Rapid River, from Antrim (Rugg) Pond downstream to Torch River,

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Torch River, from Torch Lake downstream to Lake Skegemog.

Kent ............................ Ball Creek, downstream limit is confluence with Rogue River, Buck Creek, downstream limit is confluence with Grand River, Coldwater River, from Freeport Rd. downstream to confluence with Thornapple River, Nash Creek, downstream limit is confluence with Rogue River, Rogue River, downstream limit is confluence with Grand River.

Lake............................ Little Manistee River, from Johnson’s Bridge downstream to Manistee Lake, Pere Marquette River, from Gleason’s Landing (T17N, R13W, Sec. 18) downstream to Indian Bridge (Reek Rd.), Pine River, From Elm Flats Public Access Site to confluence with Tippy Dam backwaters, Baldwin River (Type 1).

Leelanau ..................... NoneLuce............................ Blind Sucker River, upstream limit is Blind Sucker

Flooding Dam, E. Br. Fox River, including tributaries, downstream limit is M-28, Two-Hearted River, upstream limit is Reed & Green Bridge.

Mackinac .................... Black River, upstream limit is Peters Truck Trail Footbridge, Brevoort River, upstream limit is Brevoort Lake, Carp River, mainstream only, Crow River, upstream limit is Outfall of Amadon Pond, Milakokia River, upstream limit is Inland-Limestone Co. Railroad Bridge (T41N, R13W, Sec 1), Millecoquins River, upper limit is H-40 Bridge, Pine River, from H-40 Bridge downstream to Lake Huron.

Manistee ..................... Betsie River, from Kurick Rd. downstream to M-22, Little Manistee River, from Johnson’s Bridge downstream to Manistee Lake, Manistee River, from Hodenpyl Res. downstream to Red Bridge, Pine River, from Elm Flats Public Access Site to confluence with Tippy Dam backwaters.

Marquette.................... Big Garlic River, from Forks (T49N, R27W, Sec. 12) downstream to Lake Superior, Carp River,from Deer Lake Dam (T48N, R27W, Sec. 27) downstream to Morgan Creek, Dead River, from Hoist Dam (T48N, R26W, Sec. 9) downstream to County Rd. 510 Bridge (T48N, R26W, Sec. 15), Escanaba River, from the mouth of the W. Br. Escanaba R. (T43N, R25W, Sec. 3) downstream to Boney Falls Dam (T41N, R24W, Sec. 2), Ford

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River, from T43N, R27W, S.33 (Dickinson County) downstream to L. Michigan, Harlow Creek, from Railroad Bridge (T49N, R26W, Sec. 24) downstream to Lake Superior, Iron River, from Lake Independence Dam to Lake Superior.

Mason ......................... Big S. Branch Pere Marquette River, from confluence of Beaver/Winnepesaug Creeks downstream to confluence with Pere Marquette River, Little Manistee River, from Johnson’s Bridge downstream to Manistee Lake, Pere Marquette River, from Gleason’s Landing (T17N, R13W, Sec. 18) downstream to Indian Bridge (Reek Rd.), Sable River, from Freesoil Rd. (T20N, R15W, Sec. 21) downstream to Hamlin Lake.

Mecosta....................... Little Muskegon River, Muskegon River, from US-10 downstream to River Bend Bluffs Public Access site (T15N, R9W, S31).

Missaukee ................... Clam River, from Lachance Rd. (T22N, R8W, Sec. 21) downstream to Blue Rd (T22N, R8W, Sec. 27).

Montcalm.................... Dickerson Creek.Montmorency.............. NoneMuskegon ................... White River, from Hesperia Dam downstream to

Lake Michigan.Newaygo..................... Big S. Branch Pere Marquette River, from

confluence of Beaver/Winnepesaug Creeks downstream to confluence with Pere Marquette River, Little S. Br. Pere Marquette River, from Carlson Bridge (16 Mile Rd.) downstream to Oxbow Bridge (Forman Rd.), Muskegon River,from Croton Dam downstream to Bridge Street (New Bridge T12N, R13W, S24) Garfield Twp., Tamarack Creek, White River, from Six Mile Rd. downstream to Baseline Rd.

Oceana ........................ North Branch Pentwater River, from Oceana Dr. downstream to confluence with mainstream of Pentwater River, North Branch White River, from Arthur Rd. downstream to confluence with White River, Pentwater River, from Hart Dam downstream to confluence with Pentwater Lake.

Osceola ....................... Muskegon River, from US-10 downstream to River Bend Bluffs Public Access Site (T15N, R9W, S31).

Oscoda ........................ AuSable River Mainstream, from Wakeley Bridge downstream to Rainbow Bend powerline (T26N, R2E, Sec. 4), AuSable River Mainstream, from Mio Dam down to the Mio Powerline at (T26N,

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R3E, S. 7), AuSable River Mainstream, from McKinley Bridge downstream to 4001 Bridge).

Otsego......................... Black River, from Tin Shanty Bridge downstream to Tower Dam, Manistee River, from Headwaters downstream to M-72, Pigeon River, from Dam (T32N, R1W, Sec. 19) downstream to M-68 Bridge.

Ottawa ........................ Crockery Creek Mainstream Only, from Moore Rd (T10N, R13W, Sec. 4) in Muskegon County downstream to confluence with Grand River (Ottawa County), Sand Creek.

Presque Isle ................. Ocqueoc River, from Barnhart Lake downstream to Lake Huron.

Roscommon ................ NoneSchoolcraft .................. Indian River, from “Wide Waters” (T44N, R19W,

Sec. 13) downstream to Indian Lake, Manistique River, upstream limit is Papermill Dam, Thompson Creek (Type 1).

Wexford...................... Manistee River, from CCC Bridge downstream to US 131, Manistee River, from US 131 downstream to M-115, Pine River, from Elm Flats Public Access Site to confluence with Tippy Dam backwaters.

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Appendix J

STATE REGULATIONS FOR HARVESTING MINNOWS OR OTHER BAIT FISH WITH THE USE OF SEINES AS OF OCTOBER 2006

Long Seines shall not be used for the harvesting of minnows and other bait fish. Short Seines

shall not be used to take minnows from trout streams or from Big Glen L. or any of its tributaries

for ½ mile above their mouths.

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Appendix K

BIRDS NOT PROTECTED BY THE MIGRATORY BIRD TREATY ACT (16 U.S.C. §§ 703-712) AND MAMMALS THAT CANNOT LAWFULLY BE HARVESTED UNDER STATE

LAW AS OF OCTOBER 2006

I. BIRDS

Species Game Species

Gray Partridge, Perdix perdix [Accidental] YesSpruce Grouse, Falcipennis canadensis NoSharp-tailed Grouse, Tympanuchus phasianellus YesGreater Prairie-Chicken, Tympanuchus cupido

[Extirpated, last recorded 1981] NoEurasian Jay, Garrulus glandarius [Accidental] NoEuropean Goldfinch, Carduelis carduelis [Casual] NoGreenfinch, Carduelis chloris [Accidental] NoLinnet, Carduelis cannabina [Accidental] NoEurasian Tree Sparrow, Passer montanus [Accidental] NoRed-cheeked Cordonbleu, Uraeginthus bengalus [Accidental] No

II. MAMMALS

Species Game Species

Least Shrew, Cryptotis parva NoBig Brown Bat, Eptesicus fuscus NoSilver-haired Bat, Lasionycteris noctivagans NoRed Bat, Lasiurus borealis NoHoary Bat, Lasiurus cinereus NoLittle Brown Bat / Little Brown Myotis, Myotis lucifugus NoNorthern Bat / Northern Myotis, Myotis septentrionalis NoIndiana Bat / Indiana Myotis, Myotis sodalis NoEvening Bat, Nycticeius humeralis NoEastern Pipistrelle, Pipistrellus subflavus NoCougar, Felis concolor NoCanada Lynx, Lynx canadensis NoGray Wolf, Canis lupus NoWolverine, Gulo gulo NoMoose, Alces alces YesPrairie Vole, Microtus ochrogaster No

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Appendix L

INFORMATION SHARING AND CONSULTATION PROTOCOL

This Information Sharing and Consultation Protocol (“Protocol”) is adopted in

accordance with the Decree, including, but not limited to, Paragraphs 23.1 and 23.2 thereof.

Each term defined in the Decree shall have the meaning ascribed to such term in the Decree

when used in this Protocol.

The provisions of this Protocol are intended to facilitate implementation of the Decree,

but shall not relieve any Party of any obligation it has under the Decree. Further, nothing in this

Protocol shall preclude consultation or information sharing among the Parties in addition to the

consultation and information sharing provided for herein.

In the event of any inconsistency between the provisions of the Decree and the provisions

of this Protocol, the provisions of the Decree shall be controlling.

The Parties shall review the terms of this Protocol every five years, and may modify it at

any time by mutual agreement.

I. EXECUTIVE COUNCIL

1.1 The Parties hereby establish the Executive Council to facilitate consultation and

exchange of information among the Parties under the Decree.

1.2 The Executive Council shall consist of the chairpersons of the Tribes, the Director

of MDNR, and the Secretary of the Interior, or their duly authorized representatives.

1.3 The Executive Council shall meet and confer as necessary, but in no event less

than annually, to review the status of inland resources, the implementation of the Inland Consent

Decree, and any matters appropriate for consideration by the Parties at the policy level.

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1.4 The Executive Council shall provide a forum for policy-level discussions, but

shall not have any decision-making authority unless otherwise expressly agreed by all of the

Parties.

II. CONSULTATION REGARDING CREATION OR EXPANSION OF CERTAIN SPECIAL USE AREAS

2.1 The State shall notify the Tribes and the United States in writing as soon as

possible of any proposal made or undergoing substantive review by the State to create a new or

expand an existing State park, wildlife refuge, formally designated wildlife research area or

formally designated fisheries research area in the 1836 Ceded Territory, and in any event shall

notify the Tribes and the United States at least 90 days before approving any such proposal.

2.2 Upon the written request of any Tribe, the State shall respond in writing to any

questions the Tribes may have regarding the proposal. Further, within 30 days of receiving

notice from the State under Paragraph 2.1 of this Protocol, any Tribe may request a meeting with

the State in order to discuss the proposal and its effects on the exercise of the Tribes’ rights under

the Decree. The meeting shall take place within 30 days of the date of the Tribe’s request for a

meeting under this Paragraph 2.2. Upon the request of any Tribe, the MDNR Director, or his or

her authorized representative, shall attend the meeting. The Tribes may request the assistance of

the United States in any discussions with the State under this Paragraph 2.2.

2.3 The notices required under Paragraphs 2.1 and 2.2 of this Protocol shall be sent

via first class and electronic mail to the persons and addresses identified in Section XVIII

(Notices) of this Protocol.

III. FISH BEING TARGETED FOR ERADICATION OR REDUCTION

3.1 The State shall notify the Tribes and the United States in writing of any plans to

target any species or stock of fish from a particular water body for eradication or reduction under

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Section VIII (Disease Control) or Paragraph 11.2(a) of the Decree, provided that nothing in this

Paragraph shall be construed to require the State to provide notice to the Tribes and the United

States of an emergency eradication or reduction of fish from a particular water body. When

required, such notice of eradication or reduction plans may be provided through the transmission

of work plans by May 1 of each year or by other means so long as the notice is provided at least

90 days notice before such eradication or reduction plans are carried out. The State shall also

notify the Tribes and the United States of any plans to rescind a plan to target any species or

stock of fish from a particular water body for eradication or reduction under Section VIII

(Disease Control) or Paragraph 11.2(a) of the Decree. The notices required by this Paragraph

shall be sent via first class and electronic mail to the persons and addresses identified in Section

XVIII (Notices) of this Protocol.

3.2 The Tribes shall notify the State and the United States in writing at least 45 days

in advance if they intend to authorize their members to commercially harvest fish identified in a

notice provided under Paragraph 3.1 of this Protocol and/or to use impoundment nets or gill nets

to harvest such fish. The notices required under this Paragraph shall be sent via first class and

electronic mail to the persons and addresses identified in Section XVIII (Notices) of this

Protocol.

3.3 If one or more Tribes notify the State that they intend to authorize their members

to commercially harvest fish identified in a notice provided under Paragraph 3.1 of this Protocol,

the State and the affected Tribes shall develop a mutually agreeable mechanism to assure that the

harvested fish are from the particular water body identified in the notice in the period before the

Tribal authorization becomes effective. In the event of a disagreement regarding such a

mechanism, and upon the request of any Tribe, the MDNR Director or his or her authorized

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representative shall consult with the Tribes in effort to resolve such disagreement. The Tribes

may request the assistance of the United States in the development of such a mechanism and in

any discussions with the State under this Paragraph 3.3.

IV. EMERGENCY PROHIBITIONS OF COHO HARVESTS IN THE PLATTE RIVER

4.1 The State shall inform the Tribes as soon as possible of an impending emergency

regulation prohibiting harvests of Coho salmon in portions of the Platte River and shall provide

written notice to the Tribes and the United States in the event it adopts such an emergency

regulation in accordance with Paragraph 10.3 of the Decree, and shall document the basis for

such emergency regulation. The notice required under this Paragraph shall be sent via facsimile

and electronic mail to the persons and addresses identified in Section XVIII (Notices) of this

Protocol.

4.2 Upon receipt of a notice provided under Paragraph 4.1 of this Protocol, the Tribes

shall adopt an emergency regulation prohibiting harvests of Coho salmon in portions of the Platte

River in accordance with Paragraph 10.3 of the Decree on the next business day or as soon

thereafter as practicable, but in any event within three business days of receipt of such notice.

4.3 The State shall notify the Tribes and the United States if it rescinds its prohibition

or if sufficient egg collection is assured for the year, whichever occurs first, as provided in

Paragraph 10.3 of the Decree. The notice required by this Paragraph shall be delivered to the

Tribes and the United States within 24 hours of such rescission or assurance, and shall be sent

via facsimile and electronic mail to the persons and addresses identified in Section XVIII


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V. TRIBAL CHINOOK HARVESTS IN PORTIONS OF THE LITTLE MANISTEE RIVER

5.1 On or before June 30 of each year, the State shall notify the Tribes and the United

States in writing of the number of Chinook salmon returning to the Little Manistee River weir in

the preceding year. The notice required under this Paragraph shall be sent via first class and


Protocol.

5.2 On or before July 31 of each year, the State and the Tribes shall confer regarding

the seasonal and weekly harvest limits prescribed in subparagraph 10.3(b) of the Decree for the

current year, and seek to resolve any disagreement with respect thereto. In the event they are

unable to resolve any such disagreement, the MDNR Director and the Little River Band’s

Natural Resources Director or their authorized representatives, as well as representatives from

other interested Tribes, shall confer in an effort to resolve the disagreement. The Tribes may

request the assistance of the United States in any discussions with the State under this Paragraph

5.2.

5.3 The State shall send the notices required by Subparagraphs 10.3(b) and 10.3(c) of

this Protocol within 24 hours of meeting its egg-take quota for the year via facsimile and


Protocol.

5.4 If the State seeks to prohibit the harvest of Chinook salmon by Tribal members in

portions of the Little Manistee River in a particular year under Subparagraph 10.3(d) of the

Decree, it shall provide written notice to the Tribes and the United States that it intends to

prohibit the harvest of Chinook salmon by State-licensed fishers and document the basis for its

concern that adequate egg collection is threatened in that year. The notices required by this

126

Paragraph shall be sent via facsimile and electronic mail to the persons and addresses identified

in Section XVIII (Notices) of this Protocol. Upon the request of any Tribe, the State and the

Tribes shall meet as soon as practicable, and in any event within one week of the date of receipt

of such notice, to discuss the need for such a prohibition. The Tribes may request the assistance

of the United States in any discussions with the State under this Paragraph 5.4.

5.5 The five-year review provided for in Subparagraph 10.3(e) of the Decree shall

take place at or in conjunction with a meeting of the Executive Council. The State and the

Tribes shall notify each other and the United States in writing of any questions or concerns they

have regarding the harvest estimation methodology, harvest limits, and weekly harvest

distributions described in Subparagraph 10.3(b) of the Decree or their impacts on harvest

opportunities for Tribal members or egg collection at least 90 days in advance of the designated

meeting, and shall respond in writing to any such questions and provide a copy of any such

response to the United States at least 30 days in advance of the meeting. The notices and

responses required by this Paragraph shall be sent via first class and electronic mail to the

persons and addresses identified in Section XVIII (Notices) of this Protocol. The Tribes may


5.5.

VI. LONG-TERM EGG COLLECTION FOR CHINOOK SALMON

6.1 The State and the Tribes shall notify each other and the United States in writing if

they have concerns regarding adequate egg collection for Chinook salmon to provide for future

statewide fish runs and adequate harvest levels for all users over the long-term. The notices

required by this Paragraph shall identify the basis for the concerns and possible solutions, and

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6.2 Upon receipt of a notice under Paragraph 6.1 of this Protocol, the State and the

Tribes shall meet and confer in a timely manner about appropriate adjustments to State and

Tribal harvests in Waters in which fish destined for the State’s egg-collection facilities are

harvested. The Tribes may request the assistance of the United States in any discussions with the

State under this Paragraph 6.2.

VII. SPECIAL FISHING DESIGNATIONS AND REGULATIONS


possible of any proposal: (a) to designate additional trout streams as Types 5, 6 or 7; (b) to

designate additional Type D lakes; (c) to adopt additional restrictions on spearing of northern

pike or muskellunge; or (d) to designate additional quality lakes under Paragraphs 10.4, 10.5,

10.6 or 10.7 of the Decree, and in any event shall notify the Tribes and the United States at least

90 days before approving any such proposal. The notices required under this Paragraph shall be

sent via first class and electronic mail to the persons and addresses identified in Section XVIII


7.2 Upon the request of any Tribe, the State shall respond in writing to any questions

the Tribes may have regarding the proposal, and shall meet with the Tribes upon request of any

Tribe to discuss the proposal and its effects on the exercise of the Tribes’ rights under the

Decree. The meeting shall take place within 60 days of the date of the notice provided to the

Tribes and the United States under Paragraph 7.1 of this Protocol. The Tribes may request the

assistance of the United States in any discussions with the State under this Paragraph 7.2.

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7.3 If the State adopts any such proposal, the Tribes shall consider adopting

regulations that are no less restrictive than those adopted by the State in accordance with

Paragraphs 10.4, 10.5, 10.6 and 10.7 of the Decree.

VIII. TRIBAL NOTICE OF CERTAIN FISHING ACTIVITIES

The Tribes shall provide the notices of Fishing activities required by Subparagraphs

10.9(e) (certain walleye harvests in bays de Noc tributaries), 11.7(g) (certain steelhead harvests

in Protected Streams) and 12.5 (certain uses of Spears or Impoundment Nets) of the Decree to

the State by electronic mail or other mutually agreeable methods to the persons and addresses

identified in Section XVIII (Notices) of this Protocol, within the time frames specified in the

Decree.

IX. TRIBAL WALLEYE HARVESTS IN TRIBUTARIES TO THE BAYS DE NOC

9.1 The Tribes shall provide the final harvest reports required by Subparagraph

10.9(f) of the Decree to the State by first class and electronic mail to the persons and addresses

identified in Section XVIII (Notices) of this Protocool.

9.2 The Tribes and the State shall notify each other and the United States by July 1 of

the year preceding the year in which the harvest is to occur if they believe an estimate of

abundance of adult walleye in a tributary subject to Subparagraph 10.9(g) of the Decree suggests

that Tribal members may harvest walleye using Hook-and-Line Gear outside State seasons or

Spears on such tributary. The notices required by this Paragraph shall explain the basis for the

estimate of abundance and any proposal for such harvests and shall be sent via first class and


Protocol.

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9.3 Upon request of the State or any Tribe, the State and Tribes shall meet to discuss

whether to implement the proposed harvest. The meeting shall take place before December 1 of

the year in which the notice was provided under Paragraph 9.2 of this Protocol. The Tribes may


9.3.

9.4 The fifteen-year review provided for in Subparagraph 10.9(h) of the Decree shall

take place at or in conjunction with a meeting of the Executive Council or at such other time that

is convenient for the State and the Tribes. The State and the Tribes shall notify each other and

the United States in writing of any questions or concerns they have regarding walleye abundance

in tributaries to the bays de Noc, the adequacy of Tribal harvest opportunities, and other relevant

factors at least 120 days in advance of the designated meeting, and shall respond in writing to

any such questions at least 30 days in advance of the meeting. The notices and responses

required under this Paragraph shall be sent via first class and electronic mail to the persons and

addresses identified in Section XVIII (Notices) of this Protocol.

X. STEELHEAD

The annual review and consultation required by Subparagraph 11.7(i) of the Decree shall

take place at or in conjunction with the annual meeting of the Executive Council or at such other

time that is convenient for the State and the Tribes. The State and the Tribes shall notify each

other and the United States in writing of the results of the periodic peer review required under

Subparagraph 11.7(b) of the Decree, additional information obtained through research or

assessment by the State or the Tribes regarding smolt production and/or abundance of adult

steelhead within any stream, the effects of downstream (including Great Lakes) harvests or post-

spawning harvest, or any other relevant scientific information relevant to steelhead, at least 60

130

days before the meeting. The notices required under this Paragraph shall be sent via first class

and electronic mail to the persons and addresses identified in Section XVIII (Notices) of this

Protocol.

XI. ELK AND BEAR HARVESTS

11.1 By May 30 of each year, the State shall notify the Tribes and the United States of

the numbers and geographic distribution of either-sex and cow-only elk permits it intends to

issue in the coming year. The notices shall be sent via facsimile and electronic mail to the

persons and addresses identified in Section XVIII (Notices) of this Protocol.

11.2 Within 30 days of receipt of the notices required by Paragraph 11.1 of this

Protocol, the Tribes shall notify the State and the United States of the number and geographical

distribution of either-sex and cow-only elk permits they intend to issue in the coming year. The

notices required under this Paragraph shall be sent via facsimile and electronic mail to the


11.3 If the State has concerns about the geographic distribution of Tribal elk permits,

the State and the Tribes shall consult to resolve such concerns in order to ensure that the

geographic distribution of the permits is consistent with the State's management objectives, as

provided in Paragraph 17.2 of the Decree. Upon the request of any Tribe, the MDNR Director or

his or her authorized representative shall meet with Tribal representatives to seek to resolve such

concerns. The Tribes may request the assistance of the United States in any discussions with the


11.4 On or before January 1 of each year, the State and the Tribes shall meet to discuss

appropriate bear management within the 1836 Ceded Territory, including harvest levels and the

geographic distribution of the harvest for the upcoming year, and shall make best efforts to

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achieve a consensus regarding such levels and distribution as provided in Paragraph 17.2 of the

Decree. Upon request of any Tribe, the State shall provide a written summary of the basis for its

management strategy to the Tribes and the United States at least 30 days in advance of such

meeting. The Tribes may request the assistance of the United States in any discussions with the


XII. LAKE STURGEON

12.1 The State and the Tribes shall discuss strategies for rehabilitating lake sturgeon

populations at the meeting provided for in Paragraph 15.2 of this Protocol. The Tribes may


12.1.

12.2 If the State or any Tribe believes that lake sturgeon recovery allows for harvest of

a lake sturgeon population in the 1836 Ceded Territory, it shall notify all other Parties of the

basis for its position and propose a regulation and/or allocation to allow for such harvest. The

notices required by this Paragraph shall be sent via first class and electronic mail to the persons

and addresses identified in Section XVIII (Notice) of this Protocol.

12.3 Upon the request of the State or any Tribe, the State and the Tribes shall meet

within 30 days of receipt of a notice provided under Paragraph 12.2 of this Protocol to discuss

whether the lake sturgeon population identified in the notice can withstand harvest and, if so, an

appropriate regulation and/or allocation to allow for such harvest. The Tribes may request the


XIII. EMERGENCY CLOSURES

13.1 The State and the Tribes shall notify each other and the United States in writing as

soon as practicable when concerns arise regarding the need for emergency closures of Harvesting

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Activities under Paragraph 10.8 of the Decree. The notices required by this Paragraph shall

identify with specificity the biological or public health or safety concerns giving rise to a need

for an emergency closure and the extent of the proposed closure, provide appropriate supporting

documentation, and be sent via facsimile and electronic mail to the persons and addresses

identified in Section XVIII (Notices) of this Protocol.

13.2 Upon receipt of a notice provided under Paragraph 13.1 of this Protocol, the State

and the Tribes shall meet as soon as practicable to consult regarding the need for such closures.

Upon the request of any Tribe, the MDNR Director or his or her authorized representative shall

attend the meeting. The Tribes may request the assistance of the United States in any

discussions with the State under this Paragraph 13.2.

XIV. USE OF STATE LANDS

14.1 The Tribes and the State shall meet within 90 days of entry of the Decree to

discuss and determine the location of those State lands that are suitable for each of the following

activities by Tribal members: (a) collection of maple sap and production of maple sap and sugar;

(b) firewood collection; (c) conifer bough collection; (d) collection of black ash, basswood and

ironwood; and (e) collection of white birch bark.

14.2 The State lands designated for each of the activities listed in Paragraph 14.1 of

this Protocol shall be reviewed by the Tribes and the State at least every five (5) years to

determine whether such lands continue to be suitable for the activity.

14.3 On or before February 1 of each year, the Tribes and the State shall meet to

determine: (a) for sugar bush activities involving more than 12 trees on State lands, the number

of Tribal permits to be available, the number of trees and trees per acre that may be tapped, and

the number of temporary structures that may be erected; (b) the number of Tribal permits

133

available for harvest of black ash, basswood, or ironwood on State lands, whether separate

permits are required for each species, and the total number of trees and trees per acre that may be

harvested by Tribal permittees on State lands; (c) the number of Tribal permits available for the

harvest of white birch bark on State lands, and the total number of trees and trees per acre that

may be harvested by Tribal permittees on State lands; and (d) the impact of white birch bark

collection on State lands to the resource and the need to revise collection restrictions on State

lands.

14.4. The Tribes shall conduct the meetings and discussions required by Paragraphs

14.1 through 14.3 of this Protocol with the local office of the MDNR with management

responsibility for the State lands at issue. If the Tribes and the local office of the MDNR are

unable to reach agreement on the matters under discussion, the MDNR Director or his or her

authorized representative shall consult with the Tribes in an effort to resolve the matter. The

Tribes may request the assistance of the United States in the meetings and discussions required

under Paragraphs 14.1 through 14.3 of this Protocol or in any consultations under this Paragraph

14.4.


possible of any proposal to permanently close an approved access road or trail, and in any event

shall notify the Tribes and the United States at least 90 days before approving any such proposal.

The notices required under this Paragraph shall be sent via first class and electronic mail to the

persons and addresses identified in Section XVIII (Notices) of this Protocol. Upon the request of

any Tribe, the State shall respond in writing to any questions the Tribes may have regarding the

proposal, and shall meet with the Tribes to discuss the proposal, its effects on the exercise of the

Tribes’ rights under the Decree, and possible alternatives to the proposal. The meeting shall take

134

place within 60 days of the date of the notice provided to the Tribes and the United States under

this Paragraph. Upon the request of any Tribe, the MDNR Director or his or her authorized

representative shall attend the meeting. The Tribes may request the assistance of the United

States in any discussions with the State under this Paragraph. In the event that the State

establishes a program for seasonal closures of approved access roads or trails, the State shall

notify the Tribes and the United States of any proposed seasonal closures and consult with the

Tribes regarding such proposals in accordance with the provisions of this Paragraph 14.5.

14.6 A Tribe shall consult with the local MDNR forest manager before issuing a

permit to construct a temporary structure on State Forest land if the structure is larger than 100

square feet. The Tribe shall consider the concerns of the local MDNR forest manager, and make

such revisions to the proposed temporary structure permit as are needed to address the expressed

concerns. The Tribe shall not issue such a permit without the concurrence of the local MDNR

forest manager. However, if the Tribe and the local MDNR forest manager are unable to reach

agreement regarding the permit, upon request of the Tribe the MDNR Director or his or her

authorized representative shall consult with the Tribe in an effort to resolve the matter.

XV. INFORMATION SHARING AND CONSULTATION REGARDING ASSESSMENT, RESTORATION, RECLAMATION, AND ENHANCEMENT ACTIVITIES

15.1 On or before April 1 each year and at other times as necessary, the State and the

Tribes shall notify each other and the United States in writing of new proposals for assessment,

restoration, reclamation, and enhancement activities relating to wildlife and plant resources in the

inland portion of the 1836 Ceded Territory for the 12-month period starting October 1 of such

year. On or before March 1 each year and at other times as necessary, the State and the Tribes

shall notify each other and the United States in writing of new proposals for assessment,

restoration, reclamation, and enhancement activities relating to fisheries resources in the inland

135

portion of the 1836 Ceded Territory for the 12-month period starting April 1 of such year. The

notices required under this Paragraph shall be sent via first class and electronic mail to the


15.2 Within 60 days of receipt of the notices required under Paragraph 15.1 of this

Protocol, the State and the Tribes shall meet to review new proposals for State and Tribal

assessment, restoration, reclamation, and enhancement activities in order to minimize or avoid

duplication of effort and to prevent interference with such activities. The Tribes may request the


15.3 If the State intends to object to a Tribal proposal for an assessment, restoration,

reclamation, or enhancement activity under Section XXI (Assessment Activities) or Section

XXII (Restoration, Reclamation, and Enhancement Projects) of the Decree, it shall notify the

affected Tribe or Tribes and the United States of its objection at least two weeks in advance of

the meeting provided for in Paragraph 15.2 above, and the MDNR Director or his or her

authorized representative shall either attend the meeting or consult with the affected Tribe or

Tribes regarding the objection thereafter. The affected Tribes may request the assistance of the

United States in any discussions with the State under this Paragraph 15.3.

15.4 In the event of a change in the State’s or the Tribes’ assessment plans after the

meeting provided for in Paragraph 15.2, the State and the Tribes shall notify each other of such

changes as soon as practicable but no later than 24 hours before conducting the changed activity.

The notices required under this Paragraph shall be sent via facsimile and electronic mail to the


136

XVI. INFORMATION SHARING AND CONSULTATION REGARDING NATURAL RESOURCES, HARVEST DATA, AND HARVEST REGULATIONS

16.1 Unless otherwise provided in the Decree, the State and the Tribes shall exchange

and provide to the United States in writing the following information pertaining to the inland

portion of the 1836 Ceded Territory at least 60 days before the annual meeting of the Executive

Council: (a) the results of assessment activities; (b) a summary of State and Tribal permits issued

and harvest and effort data; (c) a summary of any other data and a copy of any reports regarding

the condition of the resources; and (d) proposals for regulatory changes (including proposed

changes in management units or methodologies for determining the allowable harvest of any

species, and proposals to authorize harvests of species that could not lawfully be harvested under

State law as of October 2006). In addition, upon request of the State or any Tribe, the State and

the Tribes shall provide the information required in Paragraph 23.4 of the Decree regarding any

existing regulation, management unit, or allowable harvest methodology. The foregoing

information shall be sent via first class and electronic mail to the persons and addresses

identified in Section XVIII (Notices) of this Protocol.

16.2 At or in conjunction with the annual meeting of the Executive Council, the State

and the Tribes shall meet and consult regarding the information exchanged under Paragraph 16.1

of this Protocol. The Tribes may request the assistance of the United States in any discussions

with the State under this Paragraph 16.2.

16.3 If the State intends to object to a Tribal proposal for a regulatory change under

Paragraph 26.2 of the Decree or a Tribe’s refusal to make a regulatory change requested by the

State under Paragraph 26.3 of the Decree, it shall notify the affected Tribe or Tribes and the

United States of the basis for its objection at least 14 days in advance of the meeting provided for

137

in Paragraph 16.2 of this Protocol, and the MDNR Director or his or her authorized

representative shall attend the meeting.

16.4 A Party producing data or reports under Paragraph 16.1 of this Protocol shall

retain ownership of such data and reports and no other Party shall publish or otherwise

disseminate such data or reports without the prior written approval of the producing Party, except

as required by law or as necessary in connection with the resolution of a dispute under the

Decree, provided that if the producing Party makes such data or reports available to the public,

the other Parties may use such data or reports in a manner consistent with applicable copyright

protections.

XVII. WILDLIFE SPECIES FOR WHICH THE STATE DOES NOT CURRENTLY PERMIT HUNTING

17.1 If a Tribe desires to authorize its members to harvest a wildlife species that cannot

lawfully be harvested under State law as of October 2006, the Tribe shall notify the State, the

other Tribes, and the United States of its desire to do so in accordance with Section XXV

(Wildlife Species for Which the State Currently Does Not Permit Hunting) of the Decree. The

notice shall set forth the bases for the Tribe’s belief that the species is biologically capable of

withstanding harvest, the Tribe’s proposed harvest regulations for the species, and, if the species

is a game species under Michigan law as of October 2006, the Tribe’s interest in harvesting the

species and shall include appropriate supporting documentation. The notices required under this

Paragraph shall be sent via first class and electronic mail to the persons and addresses identified

in Section XVIII (Notices) of this Protocol.

17.2 The State shall respond in writing to a notice provided under Paragraph 17.1 of

this Protocol within 60 days of receipt of the notice and shall provide a copy of its response to all

of the Tribes and the United States. If the State intends to object to the Tribe’s proposal to

138

authorize harvest of the species or the Tribe’s proposed harvest regulations, the State shall set

forth the bases for its objection and any proposed alternative harvest regulations for the species

in its response and shall include appropriate supporting documentation. The State’s response



17.3 Upon request, the State and the Tribes shall meet within 60 days after the Tribes

receive the State’s response to discuss the Tribes’ proposal and the State’s response, and the

State and the Tribes shall make best efforts to reach consensus regarding the Tribe’s proposed

harvest. The Tribes may request the assistance of the United States in any discussions with the


XVIII. NOTICES

18.1 Unless changed in accordance with Paragraph 18.2 of this Protocol, the notices

required by this Protocol shall be provided to the following persons and addresses:

Bay Mills Indian Community:

All notices shall be sent to:

President, Executive CouncilBay Mills Indian Community12140 W. Lakeshore Dr.Brimley, MI 49715phone: (906) 248 3241fax: (906) 248 3283

Tribal AttorneyBay Mills Indian Community12140 W. Lakeshore Dr.Brimley, MI 49715phone: (906) 248 3241fax: (906) 248 3283

Biological Services DirectorGreat Lakes Indian Fish & Wildlife Commission

139

P.O. Box 9Odanah, WI 54861phone: (715) 682 6619fax: (715) 682 9294

Grand Traverse Band of Ottawa and Chippewa Indians:


Tribal ChairGrand Traverse Band of Ottawa and Chippewa Indians2605 N. West Bay Shore DrivePeshawbestown, MI 49682phone: (231) 534-7750fax: (231) 534-7010

Natural Resources DepartmentGrand Traverse Band of Ottawa and Chippewa Indians2605 N. West Bay Shore DrivePeshawbestown, MI 49682phone: (231) 534-7500fax: (231) 534-7576

Legal DepartmentGrand Traverse Band of Ottawa and Chippewa Indians2605 N. West Bay Shore DrivePeshawbestown, MI 49682phone: (231) 534-7610fax: (231) 534-7600

William RastetterOf Counsel to Olson, Bzdok & Howard, P.C.420 East Front StreetTraverse City, MI 49686phone: (231) 946-0044 fax: (231) 946-4807

Little River Band of Ottawa Indians:


Director, Natural Resources DepartmentLittle River Band of Ottawa Indians159 Brick Yard Rd.Manistee, MI 49660phone: (231) 398 2183

140

fax: (231) 398 8873

Senior Inland Fish BiologistLittle River Band of Ottawa Indians159 Brick Yard Rd.Manistee, MI 49660phone: (231) 398 2193fax: (231) 398 8873

Senior Wildlife BiologistLittle River Band of Ottawa Indians159 Brick Yard Rd.Manistee, MI 49660phone: (231) 398 2187; (231) 398 2188fax: (231) 398 8873

Little Traverse Bay Bands of Odawa Indians:

All notices should be sent to:

Tribal Chairperson7500 Odawa CircleHarbor Springs, MI 49740phone: (231) 242 1402fax: (231) 242 1412

LTBB Natural Resources Director7845 Odawa CircleHarbor Springs, MI 49740phone: (231) 242 1678fax: (231) 242 1690

LTBB General Counsel7500 Odawa CircleHarbor Springs, MI 49740phone: (231) 242 1405fax: (231) 242 1415

Sault Ste. Marie Tribe of Chippewa Indians:


Tribal Chairperson

141

523 Ashmun StreetSault Ste. Marie, MI 49783phone: (906) 635 6050fax: (906) 632 6587

Conservation Committee Chairperson523 Ashmun StreetSault Ste. Marie, MI 49783phone: (906) 635 6050fax: (906) 632 6587

General Counsel523 Ashmun StreetSault Ste. Marie, MI 49783phone: (906) 635 6050fax: (906) 632 6587

State of Michigan:

All Notices shall be sent to the Director of the MDNR; the appropriate MDNR Division Chief; and the Department of Attorney General, Division Chief of the Environment, Natural Resources, and Agriculture Division.

MDNR DirectorMason Building – 6th FloorP.O. Box 30028Lansing, MI 48909Phone: (517) 335-4873Telefax: (517) 335-4242

Chief of MDNR Fisheries DivisionMason Building – 8th FloorP.O. Box 30446Lansing, MI 48909Phone: (517) 373-3375Telefax: (517) 373-0381

Chief of MDNR Wildlife DivisionMason Building – 4th FloorP.O. Box 30444Lansing, MI 48909Phone: (517) 373-9311Telefax: (517) 373-6705

142

Chief of MDNR Law Enforcement DivisionMason Building – 4th FloorP.O. Box 30031Lansing, MI 48909Phone: (517) 335-3427Telefax: (517) 373-6816

Chief of MDNR Forest, Mineral, and Fire Management DivisionMason Building – 5th FloorP.O. Box 30452Lansing, MI 48909Phone: (517) 372-1246Telefax: (517) 373-2443

Chief of MDNR Parks and Recreation DivisionMason Building – 3rd FloorP.O. Box 30257Lansing, MI 48909Phone: (517) 335-4827Telefax: (517) 373-4625

Michigan Department of Attorney GeneralDivision Chief - Environment, Natural Resources, and Agriculture Division (ENRA Division)G. Mennen Williams Building – 6th FloorP.O. Box 30755Lansing, MI 48909Phone: (517) 373-3540Telefax: (517) 373-1610

United States:


Secretary of the Interior1849 C Street NWMS 6100 Washington, D.C. 20240

Regional DirectorU.S. Fish and Wildlife Service, Region 3Bishop Henry Whipple Federal Building1 Federal DriveFort Snelling, MN 55111

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Regional DirectorBureau of Indian Affairs, Midwest Regional OfficeBishop Henry Whipple Federal Building, Room 5501 Federal DriveFort Snelling, MN 55111

Field SolicitorOffice of the SolicitorBishop Henry Whipple Federal Building, Room 686Fort Snelling, MN 55111

18.2 The Parties shall exchange and update email addresses for each person

identified in this Section XVIII (Notices). Any Party may change the persons through or

addresses at which it is to receive notices under this Protocol by notifying all other Parties in

writing of the change. A notice under this Paragraph 18.2 shall be sent via first class and

electronic mail to the persons and addresses identified under this Section XVIII (Notices).

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Appendix M

AGREEMENT AMONG THE PARTIES AND PROPOSED INTERVENORS

The Parties' agreement in principle set forth the following agreement among the Parties

and the Michigan Fisheries Resource Conservation Coalition ("MFRCC"), Stuart Cheney, Robert

Andrus and the Walloon Lake Trust and Conservancy relating to intervention motions:

“MFRCC, the Walloon Lake Trust and Conservancy, Stuart Cheney and Robert Andrus

(“Proposed Intervenors”) previously have sought and been denied intervention in this case and

presently have an appeal pending in the Court of Appeals for the Sixth Circuit from the denial of

their most recent motion to intervene. The United States and the Tribes have opposed Proposed

Intervenors’ motions to intervene; the State has not. In furtherance of a settlement on the terms

and conditions set forth in this Agreement: (1) the Proposed Intervenors agree to voluntarily

dismiss their pending appeal pursuant to Fed. R. App. P. 42(b), with the Parties to bear their own

costs and attorneys fees, and not to file a new motion to intervene at this time; and (2) the Parties

agree that if, in the future, the Proposed Intervenors file a new motion to intervene, the Parties

will not claim that they have been prejudiced by, or that such a future motion is untimely because

of, the Proposed Intervenors’ withdrawal of their pending appeal or their failure to file a new

motion to intervene at this time. Nothing herein shall preclude any party from opposing such a

future motion to intervene on any other grounds.”

Documents

UNITED STATES DISTRICT COURT SOUTHERN DIVISION BAY … · united states district court western district of michigan southern division _____ united states of america, plaintiff, and