“testing the legal waters” WCCO 6pm story

  • brandonj
    Blaine, MN/Malmo,MN
    Posts: 58
    #1309444

    The commecial says a story about indians rights and one man challanging the state. I wonder who that is. I’ll be tuning in. I appreciate all the efforts towards this issue. My mom bought a cabin on the ne side of mille lacs 2 year ago not to far from the malmo boat launch and have seen the vehicles from different states during netting. Its a real eye opener.

    brian_j
    Posts: 204
    #964530

    Ahh the local tv news, they bait you in with a teaser line.

    I read in the star tribure about a guy who caught and kept a walleye on mille lacs during the closed fishing season but open netting season in order to take it to court to show the bias. it was a year ago but his trial starts in June. That’s probably what they’re talking about.

    Jack Naylor
    Apple Valley, MN
    Posts: 5668
    #964534

    Brandon,
    That person would have to be Mr. Steve Fellegy. I totally support his stand against the current laws all relating to tribe treaty rights. He is doing all this, representing ALL fisherman across MN and WI.
    I was lucky to spend a day with Steve up on MIlle Lacs two years ago. There is not a finer gentleman on or off the water.
    Thank-you Steve, from all of us.

    Jack

    Jesse Krook
    Y.M.H.
    Posts: 6403
    #964554

    Spent over an hour on the phone with Steve last week. Looking forward to seeing the story tonight, is WCCO Channel 4?

    Brian Hoffies
    Land of 10,000 taxes, potholes & the politically correct.
    Posts: 6843
    #964560

    Quote:


    Spent over an hour on the phone with Steve last week. Looking forward to seeing the story tonight, is WCCO Channel 4?


    Channel 4 is correct.

    Also should note a band member plans to net one of the Twin Cities lakes to test the treaty relating to the founding of Fort Snelling.

    brian_j
    Posts: 204
    #964562

    Here’s the star tribune article that mentions it:

    AT LAKE MILLE LACS – Wearing thick rubber gloves, Zach Grunst counted walleyes Thursday morning on the shores of this large lake. The fish had been caught in nets left in the chilled water overnight by Chippewa band members who had traveled from as near as the Mille Lacs Reservation just up the road, and as far away as Wisconsin. Most of Lake Mille Lacs still was covered with ice. But the edges were open, and netting Thursday morning not far from shore had been pretty good in those waters.

    Though some northerns and perch were caught by the Chippewa, and one plump muskie was registered at the lake’s Cedar Creek landing, most fish brought to shore were walleyes. Averaging about 2 pounds apiece, the fish were picked from the nets one by one before being tossed into large plastic pails and brought to Grunst to be counted, weighed and sexed.

    Grunst isn’t Chippewa. He’s a temp working for the Great Lakes Indian Fish & Wildlife Commission (GLIFWC), headquartered in Odanah, Wis. GLIFWC oversees the Chippewa’s annual spring netting of Mille Lacs, and Joe Dan Rose, one of that group’s fisheries biologists, was at Cedar Creek on Thursday morning, directing Grunst and making sure each band member’s catch was recorded.

    The Chippewa quota this year for Mille Lacs walleyes is the highest ever, 142,500 pounds.

    Also Thursday morning, two tribal conservation officers were on hand, and after all the Chippewa fishermen had returned to shore, the officers set onto the lake in a large center-console aluminum boat, looking to retrieve band members’ nets that had been lost to the ice overnight.

    Though still thick in the middle — perhaps thick enough to support a pickup — the miles-long ice sheet moves helter-skelter east and west, north and south, blown by the wind, and when it shifts positions, it can take nets with it.

    “The nets can present a public safety hazard later in the year,” said Steve Fellegy, who grew up on the lake. “If it’s rough out there and you catch your prop in a net, you can be in trouble.”

    Fellegy, who is white, has long opposed the Chippewa’s claim to off-reservation hunting and fishing rights that were affirmed by a 5-4 U.S. Supreme Court decision in 1999. A tournament angler and Mille Lacs guide, Fellegy, who observed the goings-on at Cedar Creek Thursday morning, argues that netting fish in spring, when they are near shore, preparing to spawn, is wrong. More importantly, he says all Americans should be treated equally, with no special rights accorded to one faction or another, especially when natural resources are involved.

    “The equal protection clause of the Constitution guarantees just that, equal protection,” Fellegy says.

    A year ago, just before the state’s fishing season opened, Fellegy jumped into legal waters with both feet when he ventured onto Mille Lacs to catch and keep a walleye in violation of state law. About the same time, claiming an 1854 treaty guarantees them off-reservation hunting and fishing rights across much of northern Minnesota, Leech Lake and White Earth Chippewa set nets in Lake Bemidji, whose waters lie outside their reservations.

    Fellegy was cited by Department of Natural Resources conservation officers.

    Fellegy concedes he caught and kept a walleye in violation of state law. But he’s pleaded not guilty to the petty misdemeanor (his next court date is June 7), asserting, along with his lawyer, Erick Kaardal of Minneapolis, the state can’t selectively prosecute him, while simultaneously declining — which so far it has, probably fearing a long and expensive treaty rights legal battle — to prosecute the Chippewa who netted Lake Bemidji.

    And if he loses in court? “We’ll appeal,” Fellegy said.

    Also boosting Fellegy’s case is Rep. Sondra Erickson (R-Princeton), who this week introduced a bill in the Legislature that would require the Minnesota attorney general to “assume primary responsibility” in the state for prosecuting game and fish violations when the defense raised — as it would be in the Bemidji case, if either Beltrami County or the state decided to prosecute — is “treaty rights.”

    The intent is to force the state to defend itself when, for example, the White Earth and Leech Lake bands further press their claims to fish, wildlife, timber and other resources across much of northern Minnesota. And to defend itself also when members of Sioux tribes — as they have said they will — fish in or near the Twin Cities prior to the May 14 fishing opener, in violation of state law.

    Organizers of the “Great Oyate Fish-in,” as it’s being called, claim the Sioux reserved hunting, fishing and other rights on 155,000 acres, including the Twin Cities, in an 1805 treaty.

    Said Fellegy: “We’ll see.”

    jon_jordan
    St. Paul, Mn
    Posts: 10908
    #964570

    Aint that a kick in the nuts. They don’t even net thier own walleye. Hire the work out to hit quota. That there is a bunch of B as in B and S as in S !!!

    Quote:


    Grunst isn’t Chippewa. He’s a temp working for the Great Lakes Indian Fish & Wildlife Commission (GLIFWC), headquartered in Odanah, Wis.


    -J.

    fishnutbob
    Walker, Mn.
    Posts: 611
    #964580

    Thank you Steve Fellegy

    Mike Klein
    Hastings, MN
    Posts: 1026
    #964603

    The entire issue just ticks me off. The Indians detested the white man for not being stewards of the land. Killing the bison, deer, etc beyond their needed means. Now the tides have turned. Food available at local supermarkets. Much money provided by local gaming. The Netting is un-nessary to provide table fair. If the fathers fathers fathers knew of the way their sons treated the earth the would scalp their own. Sorry state of affair we seem to be in. The state doesn’t have the funds to fight the tribes again or the reason too.

    Brian Hoffies
    Land of 10,000 taxes, potholes & the politically correct.
    Posts: 6843
    #964780

    Quote:


    The entire issue just ticks me off. The Indians detested the white man for not being stewards of the land. Killing the bison, deer, etc beyond their needed means. Now the tides have turned. Food available at local supermarkets. Much money provided by local gaming. The Netting is un-nessary to provide table fair. If the fathers fathers fathers knew of the way their sons treated the earth the would scalp their own. Sorry state of affair we seem to be in. The state doesn’t have the funds to fight the tribes again or the reason too.


    True, the state doesn’t have the funds to fight them, but they don’t have to, it’s a Federal issue. What the state does have is leverage…………it’s called gaming. Now if we weren’t about to use our leverage on the Viking and Timberwolves buildings the leverage could have been used in this fight. But as usual the government picks the wrong fight again in my opinion.

    Budget 44 cents for a stamp, 5 minutes to write a letter and mail your Representatives. (don’t bother with e-mail) Without the Reps support the issue becomes dead unless it can somehow get to the Federal level.

Viewing 11 posts - 1 through 11 (of 11 total)

You must be logged in to reply to this topic.