Angler not prosecuted unfairly for illegal catch

"The distinction is important, Ross wrote, because the Chippewa cannot be prosecuted for out-of-season fishing on Mille Lacs due to their treaty rights. That means that they and Fellegy are not "similarly situated." Moreover, the incidents happened in different jurisdictions"

http://www.startribune.com/local/162231555.html

The last paragraph is telling...and the sound reasoning that this case is far from over! And don't forget....we need everyone's help! Thanks...

“We’ll be filing a petition to the (state) Supreme Court,” he said, adding that it must be done within 30 days of the July 11 Appeals Court decision. “We’re in this for the long haul.”

Pretty much says it all, Steve. I'm here, and there's a couple of million more anglers that're in our corner, so let's go all the way with 'em this time around

http://www.banthegillnet.com/apps/blog

The DNR’s response to the tribal plan suggests that, given the methods and timing of the tribal fishery, “band declarations should be a function of the male spawning stock biomass, not of total safe harvest level, and no longer an arbitrary value based on growth in the tribal fishery.”

The bands’ plan includes new “triggers” that could raise tribal harvest to 169,000 pounds during the year. This year, the eight tribes harvested about 80,000 pounds, though their declaration was 142,500.

Only once since state/tribal co-management began has the tribal harvest exceeded 100,000 pounds of walleyes. And only twice since 1997 have state anglers exceeded their allocation of walleyes.

The timing of gill-netting

Another point raised by the state DNR: The current tribal fishing season ends March 31, and, given early ice-out, bands could harvest walleyes prior to that date to the previous year. The take after that date would apply to the new season.

“This would invalidate the current harvestable surplus estimates because those fish would not have been included in stock assessment analyses,” the DNR’s review says.

The situation could’ve occurred this spring, as the bands had “significant 2011 quota remaining, and could have harvested the remaining 2011 quota (about 80,000 pounds) prior to March 31, and then taken their 2012 quota of 142,500 pounds, resulting in the true removal of 222,500 pounds of fish from the 2012 harvestable surplus.”

Count all pike

The DNR’s third point: The tribal fishery needs to account for all sources of northern pike mortality due to their fishing activities, including release mortality.

“Just as it is necessary for the state to account for angler release mortality of walleye and northern pike, it also is necessary and prudent for the bands’ fishery to account for all sources of mortality in their fishery,” the DNR’s letter states. Further, it states, “Harvest data indicate that some bands may be releasing substantial numbers of northern pike.”

A Fond du Lac Resource Management memo regarding tribal netting and spearing on Mille Lacs this year addressed pike release:

“The (Fond du Lac Resource Management Division) also would like to stress the importance of releasing northern pike from gill nets, if the pike appear able to survive. This is extremely important this year. Fond du Lac has a 25,428-pound walleye allocation, but only a 1,387-pound northern pike quota. Note that even though this is a 423-pound increase over last year, it is not likely the FdL will be able to gain additional pike throughout the season.

“The regulations state that once FdL harvests their quota for any species, then netting is shut down for all species. So once FdL has harvested 1,387 pounds of northern pike, we are done netting, even if we’ve only harvested 100 pounds of our 25,428-pound walleye quota. …”

Non-harvested declaration

The DNR’s fourth and final point addresses the “chronic declaration of a tribal allocation that is not subsequently harvested may reduce the effectiveness of that state’s management and increase the chance of state overharvest.”

For the past two years, tribal harvest on Mille Lacs has hovered near half the tribes’ declaration.

“Management actions (slots) imposed on state anglers are based on bands taking their full quota,” the DNR writes. “If band harvest is substantially less than their declared quota, the effectiveness of the state’s management actions may be reduced because more fish will be available for angler harvest.”

Other relevant information, like future harvestable surplus, spawner biomass, and other data might be skewed because of tribal under-harvest.

Changes

Are there solutions? Pereira says he won’t speculate at this point. Should the tribes not agree that changes are necessary, it’s possible the matter could go to mediation, something that hasn’t happened in a decade.

The argument this time around would be “fundamentally different,” Pereira said, in that it would be based strictly on conservation concerns.

Charlie Rasmussen, a spokesperson for the Great Lakes Indian Fish and Wildlife Commission, said officials with the commission recently had received the notice from the Minnesota DNR, and were reviewing the information.

“Like any management plan, we’ll make the best decision for the sustainability of the resource on Mille Lacs,” he said.

Rasmussen said the Minnesota and Wisconsin tribes also monitor the walleye situation in Mille Lacs, typically through fall electro-fishing.

He also said tribal nets can be fished to a select size of fish.

Harvest update

State angler walleye harvest continues to easily outpace last year’s catch. Through June 15, the total harvest was about 164,000 pounds, about twice that of a year ago.

Of note: the catch-and-release walleye take was about 570,000 pounds during the first 15 days of June, of which about 23,200 pounds counted toward hooking mortality. The total kill during the typically most productive time of the open-water season on Mille Lacs was about 63,400 pounds.

Thanks for all your efforts, Steve. We are all behind you all the way. It's gonna be the long road.

Good luck with a new case and proceedings in the spring.  

 MM

The bands’ plan includes new “triggers” that could raise tribal harvest to 169,000 pounds during the year. This year, the eight tribes harvested about 80,000 pounds, though their declaration was 142,500.

Raise it to ten times that much, you idiots............................

THERE AIN'T THAT MANY WALLEYES LEFT IN THE LAKE!

(good luck getting any remaining ones to swim into your stupid nets.............)

http://www.banthegillnet.com/#!resources

tat2jonnie wrote:

---

The bands’ plan includes new “triggers” that could raise tribal harvest to 169,000 pounds during the year. This year, the eight tribes harvested about 80,000 pounds, though their declaration was 142,500.

Raise it to ten times that much, you idiots............................

THERE AIN'T THAT MANY WALLEYES LEFT IN THE LAKE!

(good luck getting any remaining ones to swim into your stupid nets.............)

http://www.banthegillnet.com/#!resources

-- Edited by tat2jonnie on Sunday 11th of November 2012 12:58:31 AM

---

 Hi guys!!  First time poster but some may know me from other boards....

Questions...  These "new triggers"...  Were these mutually decided upon?  At the last meeting in duluth I assume?  So the tribal take is increased and the overall walley population of the lake is seen at almost a all time low...  Hmmm....  Yeah, I get it.    And I'm SURE real data, including ACTUAL fish counts, was used in the decision? 

Being a first time poster, I think I'm going to stop right here.  Don't want y'all to think I just came online to p__ and moan.  This subject seems to always tweak my melon and get my undies in a knot.