lawsuit buzz??

I heard a rumor that the resorts on Mille Lacs got together and filed a lawsuit against the DNR. Anybody know more about this?

a few resorts have supported this effort. The law suit has not been filed yet..

http://www.savemillelacssportfishing.org

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I heard a rumor that the resorts on Mille Lacs got together and filed a lawsuit against the DNR. Anybody know more about this?

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I can’t see what the point of this would be other than to cost the taxpayers of Minnesota a potful of money in legal fees.

Reading the website, one of the central “changes” this group is demanding is an end to tribal netting.

That is not within the DNR’s ability to end or in any way control. The DNR is between a rock and a hard place on the quota and regs issue because they only control a small part of the overall picture. In other words, they have no say in what the Indian bands decide to catch and how they catch it.

The DNR cannot simply “crack down” on netting, especially on ML. The don’t have the legal authority and that’s that. Reality sucks sometimes.

Indian treaties are a federal matter. Unless/until someone can find a court that either overturn parts of the treaties (very unlikely) or will hear arguments that treaties are bound by the technologies and conditions that existed at the time of signing (no use of modern technology, nets, electric lights, outboard motors, etc) then there is no point in any of this. The treaties have been ruled as wholly valid.

Because the state government’s hands are tied in regards to Indian issue being controlled by the Federal government, there are hard, hard limits to what any state agency can do. Suing because some group doesn’t like that reality only squanders money that could be used for better purposes.

Grouse

The DNR can shut it down. Might mean no fishing or netting for anyone, but it can be done. The original court order allows for it. In other words, the safe harvest limit would drop from an all time low of 40k pounds to zero. Anything to stop the netting, I’m all for it. Even if its for a couple years.

I can almost guarantee this scenario. This spring the tribes will net the lake and get their poundage. Anglers will hit their poundage before July 4th. The DNR will be forced to do the unthinkable. A complete closure of Mille Lacs fishing. And I’m not talking C&R either. Because release mortality poundage is counted towards total poundage. That should get the attention of the Capitol and the liberal media to take a closer look at this issue. We are on the edge of a complete economic meltdown around the lake caused entirely by tribal netting and DNR mismanagement. Heads should roll for this one.

-J.

Gentlemen, all great points made. Lot of weight in what your saying JJordan….
My thinking goes along the lines of; We don’t care WHO fishes the lake, but HOW they fish the lake. This isn’t 1867. This is damn near 200 years later. Essentially, ‘commercial’ net fishing is being allowed on a lake that can’t support such an act in this modern era! Period!
This lake is not Superior, Erie, Michigan, or LOTW for that matter where commercial net fishing can be supported. Bring everyone into the 21st century. Hook n line!

I fish MN ice fishing and open water fishing (with the family) and that includes in the North. Lakes that get netted or speared are never on my list to fish. Too bad for the resort owners.
Shawn

I know very little about the mille lacs situation however… I do know one thing. Bass fisherman let almost everything they catch go. While walleye fisherman almost always bring in a limit to eat.

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I know very little about the mille lacs situation however… I do know one thing. Bass fisherman let almost everything they catch go. While walleye fisherman almost always bring in a limit to eat.

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So how does this pertain to this thread???

Bass fisherman don’t keep their bass to eat because they taste horrible!

I feel horrible about whats happening to the resort business around the big pond. Until we get our federal representatives to make this an issue, equal rights for all or none, its not going to change. IMHO

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The DNR can shut it down. Might mean no fishing or netting for anyone, but it can be done. The original court order allows for it. In other words, the safe harvest limit would drop from an all time low of 40k pounds to zero. Anything to stop the netting, I’m all for it. Even if its for a couple years.

I can almost guarantee this scenario. This spring the tribes will net the lake and get their poundage. Anglers will hit their poundage before July 4th. The DNR will be forced to do the unthinkable. A complete closure of Mille Lacs fishing. And I’m not talking C&R either. Because release mortality poundage is counted towards total poundage. That should get the attention of the Capitol and the liberal media to take a closer look at this issue. We are on the edge of a complete economic meltdown around the lake caused entirely by tribal netting and DNR mismanagement. Heads should roll for this one.

-J.

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so what you are saying is you want the dnr to shut down the lake for a couple of years so they don’t have to to the unthinkable and shut it down for a half of a season. I guess I don’t get it. And if you mean you can’t C&R for that half of the year then that makes you pretty selfish. If you truly care about your precious walleyes you stay off the lake altogether. I’m sick of all these guys whining that everyone else is ruining the lake but they are out there every weekend soaking a minnow and letting the fish take it for five minutes before they set the hook.

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The DNR can shut it down. Might mean no fishing or netting for anyone, but it can be done. The original court order allows for it. In other words, the safe harvest limit would drop from an all time low of 40k pounds to zero. Anything to stop the netting, I’m all for it. Even if its for a couple years.

I can almost guarantee this scenario. This spring the tribes will net the lake and get their poundage. Anglers will hit their poundage before July 4th. The DNR will be forced to do the unthinkable. A complete closure of Mille Lacs fishing. And I’m not talking C&R either. Because release mortality poundage is counted towards total poundage. That should get the attention of the Capitol and the liberal media to take a closer look at this issue. We are on the edge of a complete economic meltdown around the lake caused entirely by tribal netting and DNR mismanagement.

-J.

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Jon, this is exactly the rock/hard place where the DNR is stuck.

Do you think the business owners up on Mille Lacs would be in favor of a total shutdown? C’mon, that’s the suicide bomb “solution”. Yes, it stops the netting, but it kills everyone else in the process. No way is shutting down the whole lake better than a partial shutdown later in the season.

I have to disagree with the assertion that the DNR has the legal authority to shut down netting. The quota system is an agreement that the tribe entered into and it does not over-ride the rights under the Treaty. I’m not saying it’s impossible, but it has never been tested and the tribes could go back to court and point to the treaty’s top-level blanket right to hunt fish and gather on the ceded territory as being absolute. So the concept that the DNR could shut down netting is untested and unproved.

Hey, I grew up in the ML Band’s territory and right next to one of the reservations. Believe me, I know the animosity that’s built up in communities near Indian Country and the constant grumbling that treaty rights and special privileges need to be cut off. Sorry, reality knocking here: It ain’t gonna happen. The Indians are on a 30 year winning streak and it’s because like it or not, they’re standing on solid legal ground. Sorry, but it doesn’t do any good to get pissed at today’s DNR for what our government signed away 150+ years ago.

I have to agree with the post above. It seems like everyone, Indian and otherwise, wants to point to some other group and say, “You can solve OUR problem by taking away THEIR fishing.”

BTW, I don’t disagree that netting is part of the problem here. But as the poster above correctly states, the Mille Lacs angling culture seems to include a lot of people who believe they have an absolute right to take fish home for the freezer.

People need to quit looking for simple scapegoats and easy-fix solutions to the Mille Lacs problem. They also need to look at ALL causes of the problems, not just what the “other guy” is doing.

Grouse

Hey grouse like your post, its nice to hear a voice of reason on this subject. In my opinion the resorts are just as much to blame on the problem as any body, and sueing the dnr is just stupid. Like you said instead of pointing fingers maybe they all should figure out what they could do to make it better like educating their clients on safe catch and release, using artificial bait and stop the meat hunting slaughter on all the launches. And I think every angler has the responsability to figure out what they can personally do to help.

?

Looks like me last summer on ML

The only people who keep smallies are bitter walleye fishermen who can’t catch walleyes on most lakes.

Im saying everyone blames the tribes while literally every walleye caught by everyone one else hits the frying pan

You are correct Chris. You know nothing about what’s happening on Mille Lacs.

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Im saying everyone blames the tribes while literally every walleye caught by everyone one else hits the frying pan

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That is even more ridiculous then the photo you posted. Care to mention the resort that photo was taken at and what year?

Go bat a bee hive in a bass forum, at least you might know what you are talking about there.

The DNR’s own survey data show the lake is at a 40 year low. We should probably be at no safe harvest this year anyway. The unregulated netting may well take 200k pounds while they hold hook and line fishing to a mere 40k pounds. It’s BS.

Close the lake. Declare the area an economic disaster area and get federal and state money flowing into the area. Much like a hurricane or flood does to other regions of the US. I’d like to see this on the national news kind of deal. It’s state supported corruption and needs to end.

-J.

I forgot its all the smallies fault for eating all the walleye fry

I think some sort of compromise needs to be reached with the tribes. I agree with most of what Jon J has to say on this topic as he’s been an eye witness to the netting since it began. I also think there is some merit to the argument that walleye fisherman carry some of the blame for this as well. I know…at least I think most of us here on IDO are very much aware of the benefits of conservation. However, every year when the bite gets “hot” hundreds, if not thousands, of walleye fisherman flock to Mille Lacs because its the only place close to the metro where any guy with a gps can catch fish and fill the freezer. I’d bet poaching is also more of a problem than people realize. But back to Jon’s point, nothing will ever really change as long as the nets are in the lake during the spawn. Red lake was completely destroyed and anglers only have access to about 20% of the lake. Were anglers and water clarity and smallmouth to blame for that too? No, it was the nets, and the same thing is happening to Mille Lacs. I think that the idea of trying to ban the nets completely is a huge waste of time and instead somebody should be working on a compromise. I would think that placing a small harvest number for fisherman for the next few years and only allowing netting in the fall would be a start. That’s just my .02$

Wether you net in the fall or just prior to the spawn the fish are not there to spawn. Need to allow the tribe to net 20,000 lbs a year in celebration of their heritage. Need to limit their angling limit to the same as ours. No more 10 Walleye a day with no size restriction.

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Im saying everyone blames the tribes while literally every walleye caught by everyone one else hits the frying pan

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2013-14 Mille Lacs Regulations

(including tributaries to posted boundaries)

Mille Lacs Lake Walleye Slot Limit Change

Walleye: Release immediately all walleye less than 18″ or greater than 20.0″, except one over 28.0″ may be harvested. Possession limit is 2, with only one over 28.0″.

Yeah, we’re all getting fat on M.L. walleye……….

I think rather than lawyer up and sue the DNR, the people behind this push need to work with the DNR to figure out a way to bring the tribe to the table and seek a negotiated solution.

The ML Band has interests these days that go WAY beyond the Rez and netting fish. Specifically, they have the casino that benefits greatly from visiting anglers and vacationers.

I believe that the Band knows that an angling shutdown benefits no one. In addition to disruption of tourist traffic, there would be obvious bad will built up that is, again, against the economic interests of the tribe.

Suing the DNR acomplishes nothing.

Grouse

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The only people who keep smallies are bitter walleye fishermen who can’t catch walleyes on most lakes.

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Yeah, but they taste great and a guy’s gotta eat

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I forgot its all the smallies fault for eating all the walleye fry

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You still haven’t identified the resort or the year from the photo you posted.

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I know very little about the mille lacs situation however… I do know one thing. Bass fisherman let almost everything they catch go. While walleye fisherman almost always bring in a limit to eat.

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my guess would be Erie?

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While walleye fisherman almost always bring in a limit to eat.

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By looking at the poacher thread, Kris might have a point.

I know, I’m using a pretty broad paint brush but poaching isn’t helping the cause.

All I can say is that if it was me caught with an over limit (even just one fish) while living on the lake, I would have a hard time showing my face.

To me, the fine is nothing compared to the game law violation.

I have a deep respect for those trying to make a living on the lake. When Kris came here to offer nothing more then to stir the pot it got me off base a bit. To the original poster I apologize for that.

Kris you are more then welcome to your own opinion. Please keep them factual or at the very least start a different thread. To try and pass that photo off as being from Mille Lacs is crazy. To make light of a situation that is costing people thousands of dollars and in some cases their very livelihood is bad also. To suggest that everyone fishing the lake for Walleye is taking fish for the frying pan is…..well I can’t even describe my thoughts on that.

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While walleye fisherman almost always bring in a limit to eat.

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To me, the fine is nothing compared to the game law violation.

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I believe the $3,000 fine should have remained in effect. Taking a pontoon boat motor and trailer from a retired couple in their 70s is a different story.