Here’s the best article that I’ve seen explaining how the lawsuit intends to proceed.
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A better explanation of the Mille Lacs lawsuit
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briansmudePosts: 184April 26, 2014 at 6:19 pm #1406443
I don’t get it. They say they want mille lacs to return to its former glory and they want the numbers to come back so they want to lift the night ban. Unless they plan on having night fishermen put walleyes in the lake I don’t think its going to help. I’m pretty sure more walleyes are killed by launches then are netted, I’m not saying I approve of the netting but I think these guys are being hypocrites.
April 26, 2014 at 7:17 pm #1406454Ok I try to bite my tounge on these type of topics, but seriously launches kill more fish than netting ? Not positive but wasn’t it something over 600, 000lbs netted in 2013
fishdalePosts: 406April 27, 2014 at 6:01 am #1406483Quote:
Ok I try to bite my tounge on these type of topics, but seriously launches kill more fish than netting ? Not positive but wasn’t it something over 600, 000lbs netted in 2013
Not sure who harvests more but the 600,000 seems to be way off. according to the DNR it was 15,501 and the high mark was 124K
The spring of 2013 saw ice still gripping much of the lake through opening weekend, and compared to previous years, tribal netting activities were minimal. The total 2013 tribal kill was 15,501 pounds, according to the DNR. That was well below the tribal allocation of 70,000 pounds and the lowest take since 1997
The tribes’ high-water mark was in 2010, with a net catch of about 124,000 pounds. In 2001, their take was about 60,000 pounds of walleyes.
briansmudePosts: 184April 27, 2014 at 10:12 am #1406521Quote:
Ok I try to bite my tounge on these type of topics, but seriously launches kill more fish than netting ? Not positive but wasn’t it something over 600, 000lbs netted in 2013
when I say they kill more fish I’m not talking about just harvesting, I’m talking about harvesting and accidentally killing fish by deep hooking. Walleye fishing by nature has a high hooking mortality rate especially by inexperienced angler such as people that would go on a launch. The best way to stop fish from being killed with hooking mortality is to reduce the number of angler hours and that is what the DNR is doing with the night ban. That’s the problem I have with this lawsuit. The DNR is trying to do something to help and these people are mad at the DNR for not doing something. I guarantee that they would soppurt the night ban if it didn’t hurt their own pocket books. As far as the number of fish taken or killed by natives vs. Anglers you better look at the numbers before you disagree with me. I know the numbers are skewed that the natives actually pull out of the lake but you’re a fool if you think there not skewed by the anglers as well. Just one small example would be the lake home owners that got caught with all the walleyes in their freezer and we all know that goes on a lot . I’m sure there is even people reading this that may kept a few out of the slot. And that’s my opinion about that.
April 27, 2014 at 12:13 pm #1406542Wait a minute here! Red lake has very FEW launches on it and that lake wasnt destroyed by fishing deep hooking just purely the damn nets, same as what these damn nets are doing in mille lacs now. Wow just wow stop the damn netting!
April 27, 2014 at 1:58 pm #1406561Quote:
Wait a minute here! Red lake has very FEW launches on it and that lake wasnt destroyed by fishing deep hooking just purely the damn nets, same as what these damn nets are doing in mille lacs now. Wow just wow stop the damn netting!
Hmmm. Even though my numbers are off sounds like someone is onto something here, Commercial fishing/neeting is destroying our fisheries. 2006 they were allowed to net 176, 000 lbs. look at all the examples rainy river and the sturgeon that used to be netted
April 27, 2014 at 5:07 pm #1406594Don’t forget Rainy Lake was nearly netted out before the governments stepped in.
briansmudePosts: 184April 27, 2014 at 6:19 pm #1406609Trapper 14 please reread my first post. I don’t like the tribes netting the fish that our money is spent on anymore than you do I’m just saying I think these guys that are filing the lawsuit are hypocrites because they want everyone else to stop taking fish but they want to be left alone. The lake is not going to get fixed in a courtroom, this is just a huge waste of time and money.
carmikePosts: 214April 27, 2014 at 8:26 pm #1406631I’m actually curious about the hooking mortality on launches. I work boats for some spare change in the summer, and we fish bobbers 100% of the time. It’s certainly possible to gut hook a fish using a bobber, but from what I see, it’s very, very, very rare. The “rookies” aren’t giving the fish a minute or two to eat like the “pros” do with a Lindy rig.
Tom SawvellInactivePosts: 9559April 28, 2014 at 6:56 am #1406658Something that gets over-looked in this netting issue is the “lost” nets that turn up weeks later full of dead fish. Who factors the weight of this loss into the take of the tribes? Why can’t the fish weight caught in these phantom nets be assessed against the next years take by the tribes?
I have no problems with the Indians netting these fish if the adhere to the equipment they had at the time the treaty was signed: no motors, only canoes, oil lamps, cotton or gut nets. I think people are running off in the wrong direction with all of this. Let them net. Just make them do so using the equipment that was available back then. Period. This is where the emphasis should be made in the courts. And then too there should be a benchmark set as to “who” is really a native. At the signing of the treaty, how many of those involved had blue eyes and blonde hair? I think if someone is not at least 50% native, they can stay home.
At the time the treaty was signed, there were no regulations or limits on any fish no matter who fished. As time wore on the whites are the ones who had to give up the ways of the past when technology allowed them to improve the way they fished….limits came into effect as well as seasons. Netting became a no-no for the white man. Now if Indians want to net, they should have to use techniques that are truly indian culture and ways that hold onto their past….since they didn’t have gas outboards and Ranger boats and man-made fibers for the nets and electric lights, they should not be able to enjoy those luxuries when involved in “heritage” activities. The only blonde hair they possessed was some Dutchman’s scalp. Push for that which holds them to their heritage since that is what they demand anyway.
April 28, 2014 at 6:56 am #1406659Quote:
Trapper 14 please reread my first post. I don’t like the tribes netting the fish that our money is spent on anymore than you do I’m just saying I think these guys that are filing the lawsuit are hypocrites because they want everyone else to stop taking fish but they want to be left alone. The lake is not going to get fixed in a courtroom, this is just a huge waste of time and money.
Couple of comments on your post.
I don’t think ANYBODY is in favor of the nets. I don’t think ANYBODY blames the nets 100% for this debacle. But I think most people think the nets are part of the problem no matter how small they may be. Until we address ALL FACTORS leading to the lakes demise we are peeing against the wind. As far as suing being a waste of money I’m in favor of the suit and have donated to every cause. It seems in this day and age you can’t get anybody’s attention without going to court. Maybe, just maybe somebody with clout will take notice of the problems up there. Maybe the government needs to be embarrassed into action? Remember when your governor was begging for votes? He promised to look into the Mille Lacs situation in exchange for the sportsman votes to get elected. I understand that he can’t overturn anything the courts decided but his office can bring help, money, input and political pressure if needed.
One thing I do understand. Doing nothing equals Red Lake.
Accountability & transparency.
April 28, 2014 at 7:27 am #1406665I don’t belive nets were used at the time the treaty was signed. They speared walleye at with the light of burning pine pitch. Careful what you wish for. What if you were asked to use only the technology that was used at the time the treaty was signed too. I know I couln’t give up my gizmos.
Tom SawvellInactivePosts: 9559April 28, 2014 at 8:10 am #1406686We’ve adapted to the rules so we can use the technology. They want the technology for something that did not exist when the treaty was signed. Remember, their “heritage” uses the old ways, not the new.
April 28, 2014 at 10:08 am #1406711Lawsuit Against DNR: Erick Kaardal Attorney for Save Lake Mille Lacs Sport Fishing.
On April 24, 2014 — Erick Kaardal, attorney with Mohrman, Kaardal and Erickson, announced the filing of a lawsuit against the Minnesota Department of Natural Resources.
Kaardal is representing Save Mille Lacs Sportfishing, Proper Economic Resource Management (PERM), Twin Pines Resort, Bill Eno, and Fred Dally.
We are petitioning the Court of Appeals for a declaratory judgment on the invalidity the DNR’s Game and Fish rules for Mille Lacs Lake Fishing published on April 21.
The lawsuit challenges the constitutionality of the new rules on the grounds that they violate Minnesota’s Preserve Hunting and Fishing Heritage amendment, which recognizes a cultural heritage of all Minnesota citizens regardless of race, ethnicity, religion, or origin.
The lawsuit also seeks a Court order requiring the DNR to show the following:
• Why the DNR failed to consider cultural heritage protections afforded by the Minnesota Constitution and the public-trust doctrine.
• What statutory authority gives the DNR the right to disregard the cultural heritage protections afforded by the Minnesota Constitution.
• How the DNR has not mismanaged the Mille Lacs Lake walleye population directly affecting the cultural heritage of Mille Lacs Lake in violation of the cultural heritage protections afforded by the Minnesota Constitution.
We are challenging DNR’s mismanagement of the Mille Lacs lake walleye fishery that has led to the loss of Mille Lacs walleye fishing heritage.
Key to understanding this lawsuit is that Minnesotans in 1998 passed a law, a constitutional amendment that preserves Minnesota’s fishing and hunting heritage. However, DNR regulations regarding Mille Lacs fishing, violates this constitutional requirement.
It is important to note that this amendment came out of Minnesotans’ long-standing recognition of a public trust doctrine. The public-trust doctrine is a key tenant of environmental protection advocates nationwide.carmikePosts: 214April 29, 2014 at 11:29 pm #1407181Quote:
Something that gets over-looked in this netting issue is the “lost” nets that turn up weeks later full of dead fish. Who factors the weight of this loss into the take of the tribes? Why can’t the fish weight caught in these phantom nets be assessed against the next years take by the tribes?
That is CERTAINLY true, no doubt.
But what do you think is the unofficial (and illegal) take from non-native fishermen? I can’t be the only one who’s seen huge numbers of illegal fish leave the lake during ice fishing, or who’s seen guys tossing obviously illegal fish into coolers right off the access.
Yes, “lost” nets are a problem. But gimme a break if you think a dozen lost nets are anywhere near the equivalent of “illegal” fish taken out of the lake.
Obviously, this doesn’t mean illegal netting is reasonable, fair, or acceptable. But estimate for me: How many pounds are non-natives taking out of the lake–illegally–every year? In your opinion, is it more or less than the total poundage allowed to Natives?
April 30, 2014 at 6:41 am #1407211Quote:
Quote:
Something that gets over-looked in this netting issue is the “lost” nets that turn up weeks later full of dead fish. Who factors the weight of this loss into the take of the tribes? Why can’t the fish weight caught in these phantom nets be assessed against the next years take by the tribes?
That is CERTAINLY true, no doubt.
But what do you think is the unofficial (and illegal) take from non-native fishermen? I can’t be the only one who’s seen huge numbers of illegal fish leave the lake during ice fishing, or who’s seen guys tossing obviously illegal fish into coolers right off the access.
Yes, “lost” nets are a problem. But gimme a break if you think a dozen lost nets are anywhere near the equivalent of “illegal” fish taken out of the lake.
Obviously, this doesn’t mean illegal netting is reasonable, fair, or acceptable. But estimate for me: How many pounds are non-natives taking out of the lake–illegally–every year? In your opinion, is it more or less than the total poundage allowed to Natives?
I’m not saying it doesn’t happen, but if you or anyone else ever actually winess someone illegally keeping fish make a quick call to the DNR TIP line or the local conservation officer
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