Indian+Fishing+Rights+in+Minnesota

Indian Fishing Rights in Minnesota - Derek Hagerty

The Indians of Minnesota, the land of ten thousand lakes, were strictly hunter-gatherers until contact was made with Europeans in the mid-17th century. One of their most important means of feeding themselves was through fishing, a tradition that carries on still today. However, now they must fight to fish in their traditional manner due to regulations put in place by the state and federal government.

Treaty of 1837

The 1837 Treaty with the Chippewa gave the United States large portions of Chippewa land in Eastern Minnesota. In return the Chippewa were given money, goods, and most importantly for this article, fishing rights. Article 5 of the treaty reads, “The privilege of hunting, fishing, and gathering the wild rice, upon the lands, the rivers and the lakes included in the territory ceded, is guaranteed to the Indians, during the pleasure of the President of the United States.” This article has been the main weapon for the Indians of Minnesota as they fight to fish the way their ancestors did.

Loss of Fishing Rights

The Dawes Act, passed in 1887, was an attempt to assimilate natives into the American way of life. It also broke reservations up into individually owned plots, most of which then fell under the jurisdiction of the state. Minnesota used this situation to apply state fishing regulations to the Indians. The regulations were rarely enforced, so it was largely a non-issue up until the pan-Indian movement of the 1960s. At this time Native Americans were attempting to reconnect with their culture, which in the case of Minnesota tribes included fishing year round and with nets.

1990’s Court Battles

Even with a renewed interest by Indians in traditional fishing the legal system did not become heavily involved until the 1990s. In 1990 the Mille Lacs Band of Chippewa, who live on Minnesota’s most popular fishing lake, sued the state in order to fish outside of government regulations. They argued that the 1837 Treaty gave them the right to fish as they wanted. Minnesota’s Department of Natural Resources worked out a deal with the Chippewa that would allow them to use nets and spears along with exclusive fishing rights to a portion of the lake. However, the deal had to be approved by the legislature, where it was shot down in 1993. Eventually the case was presented to the U.S. District Court where it was ruled that the Chippewa did retain the rights they were originally given. The state fought the ruling all the way up to the Supreme Court where it was narrowly upheld in a 5 to 4 vote. Fishing regulations for the Mille Lacs Band of Chippewa would now be controlled by the bands Conservation Code.

Conservation Code

Once they finally one the legal battle to fish however they wished Indian leaders knew they would need to place their own regulations to ensure there would be fish available far into the distant future. Most tribes adopted a conservation code that addressed fishing, among other issues. These new regulations did not differ much from the rules that Minnesota had in place. The main difference is that Indians are allowed to use spears, nets, and have a slightly longer fishing season. To make sure that no tribal members abuse the code, most codes have a provision that does not allow netting for commercial purposes.

Recent News

On May 14th, 2010, just one day before the Minnesota State Fishing Opener, members of the Leech Lake and White Earth Bands of Chippewa tested their rights by using nets to catch fish. While the Mille Lacs Band of Chippewa had been allowed to fish as they saw fit, no one knew if the ruling applied to the two largest tribes in the state. The Leech Lake and White Earth Bands were not included in the ruling because both were heavily fractured at the time of the ruling and only recently have they come together under strong leadership. Around one hundred people attended the protest and DNR officials did confiscate the fish caught with a net. The case is still awaiting trial at this time.

Sources 1. "About the Red Lake Indian Reservation." //Index Page 1 of Main Web Page to RLNN.COM//. Web. 03 Apr. 2011. . This website is a overview of the Red Lake Indian Reservation. Red Lake has been involved in many fishing disputes. Just recently half of the lake was opened up to non-natives. 2. "American Indian Communities in Minnesota -Wildlife Management." //Minnesota Senate//. Web. 04 Apr. 2011. <http://www.senate.leg.state.mn.us/departments/scr/report/bands/WILDLIFE.htm>. This document comes from the Minnesota Senate and answers frequently asked questions about Indian fishing rights. It also addresses what federal laws apply to Indians in Minnesota. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">3. Anderson, Dennis. "Tribal Fishing Battles Loom in Minnesota | StarTribune.com." //StarTribune.com: News, Weather, Sports from Minneapolis, St. Paul and Minnesota//. 11 May 2010. Web. 04 Apr. 2011. <http://www.startribune.com/sports/outdoors/93346194.html>. This article from Minnesota's largest newspaper is written by Dennis Anderson, the Star Tribune's outdoors writer. The article is about a battle to uphold Indian fishing rights. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">4. Belsky, Martin H. "INDIAN FISHING RIGHTS: A LOST OPPORTUNITY FOR ECOSYSTEM MANAGEMENT." Web. <http://www.law.fsu.edu/journals/landuse/Vol121/Belsky.pdf>. This article comes from Florida State Law School. It discusses the effects of Indian fishing rights on ecosystem management. While it does not directly deal with Minnesota Indians, a connection can be definitely be drawn. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">5. "Chippewa Treaty Rights: History and Management in Minnesota and Wisconsin." //National Council for Science and the Environment (NCSE)//. Web. 03 Apr. 2011. <http://www.cnie.org/NAE/docs/chippewa.html>. This website gives a history of Chippewa treaties with the states of Minnesota and Wisconsin. It offers views from both the Indian and government side of the issues. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">6. Coleman, John. "Fishing Rights in Minnesota." //Dream Catchers of the Seventh Fire Dream Catcher Heritage Collection//. Web. 03 Apr. 2011. <http://www.real-dream-catchers.com/prophecy-protest-principle/fishing_rights_in_Minnesota.htm>. This source offers an Indians view of the legal struggle for fishing rights. It also tells of the protests that have taken place to keep the treaty in place. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">7. Dodge, Henry. "1837 Treaty with the Chippewa: Minnesota DNR." //Minnesota Department of Natural Resources: Minnesota DNR//. Web. 03 Apr. 2011. <http://www.dnr.state.mn.us/aboutdnr/laws_treaties/1837/index.html>. This source is a online copy of the United States 1837 treaty with the Chippewa Indians. It guarnteed them the fishing rights they are still fighting for today. <span style="font-family: Times New Roman; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;"> 8. // Great Lakes Indian Fish and Wildlife Commission //. Web. 03 Apr. 2011. <http://www.glifwc.org/>. The Great Lakes Indian Fish and Wildlife Commission is an organization dedicated to protecting the environment in the Great Lakes region. This is the traditional home of the Ojibwe people. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">9. Gunderson, Dan, and Tom Robertson. "Tribal Members Say Treaty Rights Protest a Success | Minnesota Public Radio News." //Minnesota Public Radio//. 14 May 2010. Web. 03 Apr. 2011. <http://minnesota.publicradio.org/display/web/2010/05/14/treatyprotest/>. This article is about Indians breaking Minnesota state laws by fishing before the season opener. It was a protest against not allowing Indians to fish year round. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">10. "Leech Lake Area Fishing â History of the Leech Lake Area." //Leech Lake Area Chamber of Commerce - Vacation in Walker Minnesota - Leech Lake Fishing//. Web. 04 Apr. 2011. <http://www.leech-lake.com/fishing/history.htm>. This source gives a history and overview of Leech Lake. The lake is located on the Leech Lake Indian Reservation and is one of the most popular fishing destinations in Minnesota. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">11. "Leech Lake Band of Ojibwe Conservation Code." Leech Lake Band of Ojibwe. Web. 4 Apr. 2011. <http://www.llojibwe.org/law/tcCodes/tc_coConservationOrdinance.pdf>. This source in the Conservation Code for the Leech Lake Band of Ojibwe, one of the larger bands in Minnesota. The Conservation Code lays out rules and expectations for interacting with the environment. The Code includes both traditional and newer beliefs. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">12. "Minnesota Ojibwe Fishing | LIVESTRONG.COM." //LIVESTRONG.COM - Lose Weight & Get Fit with Diet, Nutrition & Fitness Tools//. Web. 03 Apr. 2011. <http://www.livestrong.com/article/301521-minnesota-ojibwe-fishing/>. This source talks about the harvest allocation given to Indians. It also touches on recent disputes between the government and Indians. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">13. "Native American Rights - Hunting and Fishing Rights." Web. 3 Apr. 2011. <http://law.jrank.org/pages/8750/Native-American-Rights-Hunting-Fishing-Rights.html>. This article summarizes the Indians original treaty agreement and what they have done legally to have the treaties upheld. It also mentions ways that Congress has used to get around the treaty agreement. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">14. "Ojibwe Treaty Rights - Indian Country Wisconsin." //Milwaukee Public Museum//. Web. 03 Apr. 2011. <http://www.mpm.edu/wirp/icw-110.html>. This article is about the various treaties the Ojibwe have signed and how they have been interpreted over the years. The article also touches on non-natives view towards Indian fishing and hunting rights. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">15. Pemberton, Al. "Government Innovators Network: Red Lake Walleye Recovery Program,." //Government Innovators Network: A Portal for Democratic Governance and Innovation//. Web. 03 Apr. 2011. <http://www.innovations.harvard.edu/awards.html?id=31351>. This article is about the restocking of walleye in Red Lake. Red Lake is in the Red Lake Reservation and was shut off to non-natives until just a few years ago. This article comes from Harvard, a place not associated with either Minnesota or Native Americans. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">16. "Resources on Minnesota Issues - Indian." //Minnesota State Legislature//. Aug. 2010. Web. 03 Apr. 2011. <http://www.leg.state.mn.us/lrl/issues/issues.aspx?issue=indian>. This article is a summary of the Mille Lacs Band of Chippewa's legal battle against the State of Minnesota to uphold a treaty they signed in 1837. This source was originally intended for Minnesota legislators. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">17. Schiller, Judi, and Richard Schiller. "When Is a Treaty Not a Treaty?" //Emily Cooperative Telephone Company - Emily, MN//. 20 June 1997. Web. 03 Apr. 2011. <http://www.emily.net/~schiller/treaty.html>. The Schillers write about the constant attempts of the United States government to break treaties with the Ojibwe. They also point out common misconceptions many have about Indian fishing rights. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">18. "Supreme Court: Indian Fishing Rights Upheld." //Facts On File World News Digest//. 8 Apr. 1999. Web. 3 Apr. 2011. <http://www.2facts.com/Popup.aspx?extid=1999131710&DBType=ICOF>. A summary of a 1998 Supreme Court ruling. This ruling allowed the Chippewa to maintain their traditional hunting and fishing rights. <span style="font-family: Times New Roman; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">19. "Tribal Nations - White Earth." //Indian Affairs - State of Minnesota//. Web. 03 Apr. 2011. <http://www.indianaffairs.state.mn.us/tribes_whiteearth.html>. This article from Minnesota's Indian Affairs Council offers a brief overview of the White Earth Reservation. Some of the issues discussed involve treaties, wildlife, and legal struggles. 20. White, Bruce. "Treaty Rights in Minnesota under the 1855 Ojibwe Treaty." //MinnesotaHistory.net// //<span style="font-family: 'Arial Unicode MS','sans-serif'; font-size: 12pt; line-height: 200%;">� // // a Forum for Discussing Current Events Relating to the History of Minnesota //. 13 May 2010. Web. 03 Apr. 2011. <http://minnesotahistory.net/?p=2481>. Written by an expert witness in past court cases involving Indian treaty rights, this article about a treaty from 1855. This treaty did not mention hunting or fishing rights assuming some to believe they had been given up. The author believes that since the rights were not taken away in the treaty they still exist.