Traverse City Record-Eagle

Dave Richey

October 8, 2007

Dave Richey: Key changes in the Inland Consent Decree fly under the radar

Changes are inevitable in fish and game management. Several new changes have occurred recently, and they seem to have slid under the sportsman's radar.

The 2007 Inland Consent Decree (ICD) between five Indian tribes, the United States Government and the Michigan Department of Natural Resources (DNR) was agreed to on Sept. 26.

The ICD grants the Bay Mills Indian Community, Sault Ste. Marie Tribe of Chippewa Indians, Little Traverse Bay Bands of Odawa Indians, Grand Traverse Band of Ottawa and Chippewa Indians, and Little River Band of Ottawa Indians, certain fishing, gathering and hunting rights.

"This Decree has been agreed to by all parties except the Sault tribe," said Kelley Smith, DNR Fisheries Chief. "The Sault tribe has sent it out on a referendum, and they expect their members will vote on the issue within the next three weeks."

There are certain items that haven't been discussed or are not understood by most anglers and hunters as well as non-sportsmen, and all parties should understand these key points. Some may cause concern to certain people, but the DNR says it's wise to let these things work themselves out over a period of time. The key issues include:

-- This agreement allows fishing, gathering and hunting on a subsistence basis. Smith says this means collecting sufficient resources to feed a tribal family and keep them warm.

-- Smith said that 4.6 million acres are involved in the ICD in the central and western third of the northern Lower Peninsula and the eastern two-thirds of the Upper Peninsula. Numerous lakes and rivers are included in both peninsulas.

-- "Both state and tribal officers can enforce this Decree," Smith said. "Tribal officers can check non-tribal sportsmen but it ends there, and if necessary, they would call in a state conservation officer. Tribal members would go to tribal courts." He said the tribes have their own regulations, and the state and tribes will meet at least once a year to determine if the resources are being properly managed.

-- The tribes can harvest birch bark (which, if properly done, will not damage the tree), collect sap to make maple syrup, and collect dead-and-down fire wood. The tribes cannot harvest standing timber or extract gravel, minerals or sand from state land.

-- Tribal members can exercise these rights on any land open to the public, and any Commercial Forest Act land that is 1,000 acres or larger. They may not trespass on private property without permission.

-- Some exceptions to state fish and game laws exist with the tribes. If the DNR determines a lake must be completely eradicated of fish, the tribes can take those fish for commercial purposes. "However," Smith said, "it must be a complete eradication."

-- Some anglers worry about gill netting in inland lakes. Smith said gill nets will be illegal to use with two exceptions. A tribal biologist can use one to check fish populations, and during a complete eradication a permit will be issued for one net for one tribal member and only for 24 hours. They must have a specified bag limit, and that harvest must be reported. There will not be a wide-open net fishery.

-- There are other exceptions. Tribes will have opportunities to spear or fish with hook and line during the closed seasons for non-tribal anglers. The season in the Lower Peninsula is March 15 to the Friday before the last Saturday in April. In the Upper Peninsula, the season will be April 1 through May 14. Smith said there are sufficient safeguards built into this agreement to protect our fisheries.

The tribal limit for deer is five animals, and the season is from the Tuesday after Labor Day through the first full week of January. The five-deer bag limit means one buck can be taken before Nov. 1 and one after Nov. 14 with a firearm. The tribes will observe a two-week quiet period before the statewide firearm deer opener. The tribal bear season will run from Sept. 10 through October, and the tribes are entitled to 10 percent of the bear and elk licenses issued.

-- There are approximately 50,000 tribal members. Smith adds a final note: "Our best advice is for sportsmen to respect the tribe's rights to fish or hunt. This agreement does not impact state anglers, hunters and trappers. Give this agreement an opportunity to work, and everyone will get their fair share of the resources of this state."

A meeting concerning the 2007 Inland Consent Decree will be held Oct. 18 at 7 p.m. at the Garfield Township Hall, 0466 W. Sharon Road SE, Fife Lake. Phone (231) 369-2483. For more details about the ICD go to www.michigan.gov/dnr.

Dave Richey also writes a daily Weblog, and readers are invited to visit it and his other features at www.daverichey.com. Contact him at dave@daverichey.com.

Text Only
  • Dave Richey: Faces of a conservation officer

    'The duties of a state conservation officer are 50 percent public relations, 40 percent law enforcement and 10 percent other things, such as filing paper work." That was Leelanau County conservation officer Mike Borkovich speaking. He is a great big walking contradiction to many people as he goes about enforcing the state's fish and game laws.

    Continued ...
    Updated Nov 30, 2008 9:52 am 2 Photos
  • Dave Richey: Collecting patches can be fun

    They are just bits of colored cloth and thread, but Department Of Natural Resources Successful Hunter or Management Cooperator patches for bear, deer and wild turkey are fun to collect but some can be costly and difficult to find. My personal passion is buying and collecting old hardcover books on fishing and hunting, but patch collecting is fun as well and prices remain reasonably steady for the hard-to-find patches.

    Continued ...
    Updated Nov 27, 2008 9:31 am 2 Photos
  • Dave Richey: Bagging second-season bucks

    The second firearm season is upon us, and many deer hunters are wondering where the animals have gone. What's that, you ask? The second firearm season? That's right. The DNR tells us that 75-85 percent of the deer taken during the 16-day firearm season, which runs through Nov. 30, are taken Nov. 15-17. The rest of the month is the so-called second season.

    Continued ...
    Updated Nov 23, 2008 9:45 am 1 Photo
  • Dave Richey: Weather's effects on winter deer

    My late father, bless his soul, always had a problem understanding why I would head out to hunt deer, especially when the skies opened up and dumped a bunch of rain or snow on his No. 1 son. "It's stupid," he'd say, "to go out into a bad storm or foul weather just to hunt deer. Why not stay inside where it's warm and dry, and not get sick. It's a wonder all the deer don't die of exposure." Dad simply didn't understand deer.

    Continued ...
    Updated Nov 16, 2008 9:43 am 2 Photos
  • Dave Richey: Avoid opening day mistakes

    Nov. 15 offers something very special. It's the only day of the year when you can hear the sun rise. Rifle shots, shotgun blasts and occasionally even the flat crack of a handgun going off becomes an audible clue that the annual firearm deer season is underway. But, all things are subject to change. That's the way it once was, years ago, in those years before bait.

    Continued ...
    Updated Nov 9, 2008 9:45 am 2 Photos
  • Saturday, November 1, 2008
  • Dave Richey: Trolling for steelhead

    The rod tips were nodding softly in the rod-holders as the small outboard motor pushed the14-foot boat slowly across the mouth of the Manistee River where it empties into Manistee Lake. The water was 10 feet deep, an ideal depth for our lures to be. I made a slow outward turn into slightly deeper water, and as we made the turn to port one of the rod tips snapped down toward the surface, and 60 feet off our stern a 10-pound steelhead seemed to hang two feet above the water before crashing back down with a heavy splash.

    Continued ...
    Updated Nov 2, 2008 9:27 am 2 Photos
  • Saturday, October 11, 2008
  • Dave Richey: Passing up a bow shot

    The rain was pouring down the other day, and one of my friends made a bad hit on a small buck. It was a scraggle-antlered six-point, with a rack that looked like it had been put together by committee. Size or beauty isn't the issue here. Wounding an animal is.

    Continued ...
    Updated Oct 12, 2008 9:38 am 2 Photos
  • Saturday, October 4, 2008
  • Dave Richey: Deciding when to shoot a buck

    The buck was a nice animal. It was an adult two-year-old with eight points, the beginning of a really nice rack, and he wasn't rut-crazed just yet. This rack, while still thin and spindly, had an inside spread of 16 inches and good brow points. The buck came to me early Wednesday evening with plenty of shooting light, and he stood at an extreme quartering-away angle for long minutes. It was a tempting shot possibility. Did I want to shoot that buck?

    Continued ...
    Updated Oct 5, 2008 9:38 am 2 Photos
  • Saturday, September 27, 2008
  • Dave Richey: Archery a fall tradition

    I sit here at my computer, staring at a blank screen, and begin to contemplate today's topic, thinking about Wednesday's archery deer opener. Doing so gets me remembering past bow season openers. That causes a chain reaction about the past 10 openers, as well as allowing me to recall a few other Oct. 1 bow hunts.

    Continued ...
    Updated Sep 28, 2008 9:37 am 2 Photos
  • Saturday, September 20, 2008
  • Dave Richey: Do deer find you stinky?

    Humans have some funny notions, and oddly enough, some people believe them. Our beliefs often are very strong about things concerning hunting, and we believe them even if they are not true. For instance: we may think we smell just dandy after a bath or shower using a liberal amount of shampoo and soap, but a whitetail deer would probably think we stink.

    Continued ...
    Updated Sep 21, 2008 9:48 am 1 Photo
  • Saturday, September 13, 2008
  • Dave Richey: Learning your hunting land

    The complexion of deer hunting has changed. Bait piles are no longer legal in the Lower Peninsula, and hunters must return to their roots and learn how to hunt trails, scrapes and farm crop locations. There is no better way than laying down boot leather when it comes time to learn a new or old hunting area, and that is what most people do. Some take this "learning-the-land" attitude even further.

    Continued ...
    Updated Sep 14, 2008 9:44 am 2 Photos
  • Saturday, September 6, 2008
  • Dave Richey: Fishing in the fog

    The fog seemed almost alive. Heavy tendrils of white cottony clouds twisted and turned over the water in the soft breeze, coming together to make the murk even thicker, and then it would separate and any sounds were distorted. We were just 10 yards from the dock, and the next boat to launch was invisible. We could hear a faint string of conversation from the other anglers, but making sense of what they were saying was almost impossible.

    Continued ...
    Updated Sep 7, 2008 9:57 am 2 Photos
  • Sunday, August 31, 2008
  • Dave Richey: CWD our worst nightmare

    The worst disease any sportsman, deer-lover or right-thinking conservationist could imagine has arrived in this state. No one yet knows whether the Chronic Wasting Disease (CWD) found in one deer on a game farm near Grand Rapids has spread to other pen-raised deer. This could be our worst nightmare come true.

    Continued ...
    Aug 31, 2008 10:04 am 2 Photos
  • Saturday, August 23, 2008
  • Dave Richey: Educating the bow hunter

    There are many things in life that go well together. Ham and eggs. Tea bags and hot water. Bow hunting and IBEP? Whoa, back up a bit! Bow hunting and IBEP? Explain that one. It's simple. Those four letters stand for the International Bowhunter Education Program, an advanced course in hunting with a bow and arrow.

    Continued ...
    Updated Aug 24, 2008 9:53 am 2 Photos
  • Saturday, August 16, 2008
  • Dave Richey: A Solo Show

    Fishing or hunting alone isn't a popular thing these days. Let's face it, most sportsmen are gregarious by nature, not by necessity. Most sportsmen love the camaraderie of being with other like-minded people, the sharing of nearby campsites or putting a canoe sneak on a bunch of bedded bluegills. Two or more sportsmen enjoy planning their next deer hunt, bear hunt or trout fishing trip.

    Continued ...
    Updated Aug 17, 2008 9:50 am 2 Photos
  • Saturday, August 9, 2008
  • Dave Richey: Why do we hunt?

    As drake and hen mallard slanted down over the tree-tops, flitted low over the cattails, then settled to the quiet surface of a small pond, I thought, one day soon we may meet again during the open duck hunting season. Those waterfowling thoughts carried me back to past days when I asked myself the big question: why do I hunt?

    Continued ...
    Updated Aug 10, 2008 9:48 am 2 Photos
  • Saturday, August 2, 2008
  • Dave Richey: Creating our own insect hatch

    Catching grasshoppers for bait was a hoot as well as a necessity when twin brother and I were teenagers. We'd walk or run through a dusty late-summer field, and up the hoppers would flutter, flying in all directions including back over our heads or into our face.

    Continued ...
    Updated Aug 3, 2008 9:56 am 1 Photo
  • Saturday, July 26, 2008
  • Dave Richey: Sitting still: It's all in your mind

    There is an art to sitting still. It means much more than being motionless; it means being still without making a sound. This may sound easy but it is a very difficult thing to accomplish for more than 10 minutes. Everyone who bow hunts for deer will fidget at times, moving around, easing that tree stub that pokes you in the back, and swatting at pesky, whining mosquitoes.

    Continued ...
    Updated Jul 27, 2008 9:45 am 2 Photos
  • Saturday, July 19, 2008
  • Dave Richey: The Fishing Challenge

    This is true confession time. Those years between the age of 11-13 and 40 are difficult for me to recall because I was a gluttonous angler. I was mired in the first two phases of trout fishing. Lots of fish and big ones, and the bigger the better. Bragging-size fish made me feel good, and I'm ashamed to admit it but that's the way it was back in those days 40-45 years ago.

    Continued ...
    Updated Jul 20, 2008 9:38 am 2 Photos
  • Saturday, July 12, 2008
  • Dave Richey: A fish-fighting option

    Fighting and landing big fish is an acquired talent, and becoming skilled at doing so means doing it often. Two schools of thought exist: go with light line and play the fish to total exhaustion over a long period of time or fight the fish hard and fast, and release it alive and healthy. What follows can apply to fish caught from the Great Lakes, inland lakes or streams.

    Continued ...
    Updated Jul 13, 2008 9:57 am 2 Photos
  • Saturday, June 28, 2008
  • Dave Richey: Bugs in the air, on water

    When Hexagenia limbata (giant Michigan mayfly) emerge or mate in mid-air and fall to the water to release their eggs and die, they may do so in such huge numbers that fishing becomes sporadic at best. A steady hatch is much better because it can drive jumbo brown trout into a voracious feeding frenzy and anglers to the depths of frustration as they try to catch selectively feeding trout at a time when hearing becomes a far more important fishing tool than the ability to see.

    Continued ...
    Updated Jun 29, 2008 10:12 am 2 Photos
  • Saturday, June 21, 2008
  • Dave Richey: Stranger in the night

    There are times during an active fishing life when things happen that cannot be explained. One special night on the Sturgeon River between Indian River and Wolverine serves as a good example, and it occurred close to the witching hour on a dark pool.

    Continued ...
    Updated Jun 22, 2008 9:58 am 2 Photos
  • Sunday, June 15, 2008
  • Dave Richey: Dreams of big muskies

    It's already started. A dream came wandering through my brain last night, and there I stood, knees braced against the stern, and a rod bowed almost double from the force of a big muskellunge. It was taking line, and then began circling back to stare at me with an evil look on his toothy shovel-shaped face.

    Continued ...
    Jun 15, 2008 10:40 am 3 Photos
  • Sunday, June 8, 2008
  • Dave Richey: Poacher trapped by his greed

    Bob was sitting pretty. He was making about $1,000 per week, and was able to set his own hours. No time-clock punching for him. He owned a boat, motor and trailer, and fished or hunted every day. He was a laid-off factory worker, and was entitled to some rather sizable work benefits. However, Bob's life was a little bent.

    Continued ...
    Jun 8, 2008 10:30 am 2 Photos
  • Monday, June 2, 2008
  • Dave Richey: Apathy hurts wildlife management

    Public apathy runs rampant among state anglers and hunters. Ooops, I'm sorry, I thought many of you knew what the word meant. The American Heritage dictionary describes apathy as "a lack of emotions of feelings; a lack of interest in things generally found exciting, interesting, or moving."

    Continued ...
    Jun 2, 2008 12:00 am 2 Photos