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. GREAT LAKES INDIAN FIS'H AND WD.DUFE

·coMMISSION PO BoX 'I .

. ODANAH. 1NJSC0HS1N $41161 0 "171!>16112·6619 ° -

BULK RATE!­U.S •. POSTAGE

. PAlo·· · .. ASHLAND, WI .

. PERMIT -NO. 225

The Red Cliff~, Band of Chippewcei, IM .:::10

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-_-N--_ .. -u· ___ · -~c-- :e· .. ··_----~· • __ --. --~~---s· -_-t-.e--·_. ~~~:::.r,~~=.~;~~~u~~:.,~~ . 'prior to tribal testimony at the . Wausau hearings.

_ A CHRONICLE Of. THE

LAKE SUPERIOR OJIBWAY

DECEMBER, 1985 ·

· -d. · · , Commission test1mony • ,. . · · . • · · · . :will focus on-a reiteration of

---1-R-. - . . ·_ft -Ill--n· . ~~7orc~~~:~~n;u~~n:~~h~~~i:: p.rocess. They will also put

· · The states, for the past DOE on notice that they have I .

C. . -. . . ·. -- t . three years, have been receiv· now become ·accountable to In:

. _ -. -. ·_0-. . ·u·· -_- . ·n·-. r---.--y ·_ ing funds from DOE($250,000 -dian tribes. . . for FY85 for Wisconsin). These The Commission will sub-monies have been used to pro- contract the technical areas of _

-$:«:~.&._...&. ... _;"':9.lo.."'&.."«eo.~.~-~ .. · · _ . . . vide input to the DOE siting geology, hydrogeology, sodo· .... ~~-~ .M"AY.M"M"AYHY process which lead to the draft economics, rural sociology and -

The ,issue of dealing with eastern Wisconsin. It's also· ARR. ·anthropology to various con· highly dange·rous · nuclear near the Mole Lake Chippewa Although tribal represen- sultants. Their reports will' be waste is no longer· debateable and the Forest County tatives have asserted that they used to formulate final com·

. :accbrdingto the U.S: Depart·· Potowatomi reservations. Part too should have been funded,· ments on the draft ARR. - ment of Energy (DOE). The on· of the rock body also extends their complaints _went un- An environmental review

ly question remaining is where under the ceded territory of the heeded. Howeer, in November - will be conducted by Commis-the waste will be permanently lake Superior Chippewa. the DOE decided that $30 · sion staff. They will be looking · buried. . The secondary Wisconsin thousand would be made for gaps in the information that

According to th·e 1982 site is becoming know'n as the available to those tribes who DOE looked at as well as doing Nuclear Waste Policy act, the Clam Lake site, ·named after. are in the second .site nineteen a critique, ·from a ·tribal

·U.S. congress ha_s authorized the well known lake. which- is state crystalline area. perspective. of DOE decisions · -· · · · of the current s_ ites under con-

the selection and construction sits under in northwest Wiscon- · of a permanent nuke waste sin. It extends under· three Tribal Review of ARR sideration.

Clam Lake· Focus

. ·-,-~ _·

~·~,.-

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dump: The sites for this first counties and is near· the Lac The DOE: funds are to be· dump · has been narrowed to Courte Orielles and Bad River . used to review the draft ARR. .three, in the states of Nevada, Chippewa reservations. It is According · to the DOE Texas, and Wa~hington. also entirely under the ceded timeline, all comments on the

· _ Congress also· authorized territory of the Lake Superior draft AR~ are due by April 16, the DOE·to look for i:mdrecom· Chippewa-. 1986. The Great Lakes Indian mend a . s'ite for the second -. · · . , · Fish and Wildlife Commission

· · nuclear dump. On January Nuke Waste in Indian will be participating in the ARR 16th, the DOE announced that Country , .. :. review ..

The· Commission will be focusing their efforts on the Clam Lake site. Even though it's a secondary · site they believe that as much attention is needed at Clam Lake as the· 1

\YQif ~iver site is sure to get.·

they have . narrowed.· their Because of lobbying ef- The Commission has been search to 20. ·acres, with a forts over the past two years, asked by Bad River ·and Lac

· _ number of those sites remain· area tribes like states will get Courte Orielles in Wisconsin ing in Minnesota and Wiscon- DOE funds lo review the deci- and Bay Mills in Michigan to sin. sions made about the ·siting· - help prepare comments on the

Wisconsin has one dr_aft ARR. Other tribes are pr0cess. . _ · primary and once secondary The January 16th DOE an· either handling their own

site.' Minnesota has three nouncement, known as. the . respons~ or have pooled their ... ·primary and five secondary draft ARR (Area Recommenda· funds with the Great Lakes

sites. By July of this year the tion Report), is a. highly Inter-Tribal Council. . ·DOE will have decided to begin technical report of why the The Commission ARR pro-. field work on these remaining twenty remaining sites were · ject is being headed by Alan· primary sites. selected. · · Ruger, environmental biologist

, ·The ARR represents con- and Dave Seigler, poliCy Wisconsin Sites dusions the DOE has drawn analyst. They will be working

The primary Wisconsin based on their review of ex· . with representatives from the 0 site is

0

a 1,000 square body of isting materials about the three tribes. , 0

. crystalline rock known as the geology, hydology, and other According to the Commis· . Wolf River patholith. It takes factors in· the 19 eastern and sion staff, one of the first acts

up six counties arid two.lndian midwestern states originally will be to prepare testimony at reservations (Menominee and considered for the second nuke · DOE public hearings set . for Stockbridge-Munsee) in north- dump site. March 29th in Wausau.

by · issues. The tribes were oliged · · Jonathan Gilbert · ' to draft their. own regulatins.

Wildlife· ,Biologist . · . These regulations were -'anuary 1986 · generally conservative but in-

Th~ 1985 off-reservation· eluded those issues whi!!h the. . treaty . -deer season · enCied . · state opposed. These regula­

. December · 1.4, f985 (bow lions were formed into an inter-. 3 ·) tribal agreement, regulation . season ended December 1 . · .By· most standards, the season ·books were published and per­

mits~ and carcass tags were~ could be called a great success.

0

distributed to tribal 0 deer r The· harvest total me than

. doubled the1984 total and the registration stations.- · ·. .. el(parided permit system allow- The state also formulated

. their own rules governing the ed for ·greater hunter oppor· ! 1985 dee.r season and the DNR tunity. We were able -~o put Board passed · th.em as

: more hunters in the field at any . one time and as a result they · . emergency rules: These. rules. harvested ffiOfe ·~eer •, I COntained SOm~ discrepancies

._ . Now _ that the , season . Is from inter.tribal agreement: . ·. . over we should step back and.- After some urging from .

· . • . - . Governor Earl, and assurances -begin to . evaluate it. This - w· -

· evaluation fs important from DNR negotiators that .. · ·because with the events of-the. they would negotiate in good

past season .fresh inour minds, · faith, ·the tribeS"''agreed to we can more easily look at return to the table. An agree" where and how changes; should ·. ment was eventually reached be made in next- year's . which·. contained - im-

• · • _ . frameworks (No, it Is not too. !'roven:aents over · both the ,' . · early to begin ·planning f~r the· , mt~r~~nbal a~reement· and the

1986 s~ason). _ . ·· · , · ·_ ._· , , state s. emergency_ rules. · 1- • The 1985 deer season had . Howeve: •. it also contained

a shaky sta~t. Nego~hition·s be,· · changes in season dates. tween the _tribes an,d ti:le state Although only . a few days,

.. br6ke do\Yri when.- ~he sta~e these chanoes d1d cause some· 0 refu'sed to negotiate on C:r.itical 0 prolems. . _,. . '

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Inter-Tribal Agreement • The inter-tribal agreement

called for the early season clos­ing - on November 17. The negotiated agreement closed

. the early season on. November 15 eliminating the last two days. Likewise, the late season was cut from it's original en­ding date of December 31 to December 14. The- regulation booklets reflected. the inter­tribal agreement dates~ Although notices stating the date changes were sent to the tribal registration stations, many regulation books had· been distributed . to · tribal· hunters. At ieast one person · was cited for hunting on November 17, 2 days after the end ·of the triballsfate season, but before the end of the inter­tribal season. This person was unaware that the season had ended two. days before. It is not· known If any citations were issued after the end of the late season. This situation il~

lustrates the need for season regulations 1o be finalized .well before the- start of the season­so thatthls Information can .be disseminated · to: tribal members In a timely fashion. ,

"One of our goals is. to in;. sure that if one of the 12 primary sites is removed that the Clam Lake site is not elevated to a primary site status, .. said Seigler.

However, they won't limit their review exclusively. The Wolf River -site, although assuredly will be scrutinized by

. those reservations over it, will also have an impact qn .treaty rights of all the Lake Superior Chippewa.

In addition, they will be looking at the Wolf River site to determine what impact it might have on Lake Michigan . The Bay Mills tribe has treaty

_fishing rights in· Lake Michigan.

. (continued on page 2)

The 1985 deer season was divided into 3 parts, as in 1984. The early ·season opened September 14 and ran through November. 15. Jhe middle season corresponded to the state's deer . gun se·ason, November 23 - December '1, and the late season ran fr.om December 2 through December 14.

A Lethal Monuinent·for Future_ Generations?

filled with highly radio-active· waste which remains l~thal for

· 10,000 years seems a slightly mac~bre .·presentation to ·the

On January 16th when the future, particularly with the in·. Department of Energy released herent · risks that over those . its Draft Area Recommenda· thousands of- years something tiori Report, Ben Rusdie, uncalculated and unforseen D.O.E., commented during a will occur, n!leasing the deadly press conference that when a radio-active· waste into the . nuclear waste repository is full, earth, the Wfiter; the air.··: we will just "close it up- and It would, indeed, be (!n walk away from it," and it will underground monument to the become a "heritagefor future "likelihood -of imminent generations." destruction" quilt by men arid

This is obviously the time· womeh without vision . those . for all of us to think about what forefathers. who. built and· kind of heritage we want to buried the undergflound mcmu­Jeave for our children, and their ment and who closed it up and 0

children, and beyond. A tomb walked away. ·

' .. -'•

extend the tribal gun season. cased weapons in a·. vehicle

'-.

This points. to another .were. perr:nitte~ .frorri-... shortfall of teh 1985 interim' .September • 28 _through Oc-. agreement; .that is, it's flexibili· tober 31 or· until Wisconsin ty. The state has the ability to . state Jaw. was ,changed- pro- : manipulate many aspects of 0 hibiting this practice for all : ' their season to achieve the 0 hunters. 0 - :

0

••• ••• • 0 ° -

desired results, in this case to · .. The tribes ~nticipated that

Flexibility Needed After the close of the state

gun season, the DNR determin­ed that several of the deer management units had not · r.eceived · enough of an anterless harvest to meet their managemeryt objectives. The DNR concluded that_they must reopen several units to achieve the· desired harvest. This "ex­tended" season, as _ It was known, opend December 14 and closed Decemher 23.

_Six of_ the units to. be reopened were In the Ceded

. meet their harvest: levels. The the state.law would be changed: . tribes· did not have this flex· , but they received assurimces ibliity. If they are: to he true dur!ng the negotiations tl:uit it . ' resource · management· would riot become law until ·

. Territories. ! The state · was "generous" enough to allow the tribes to continue hunting in. those units open to state hunters which had a portion of · the tribal quota remaining. On­ly Lac du Flambeau elected·to

authorities then this .. flexibility : after October 3 i., ·the en-d.of the ts critical; road-hunting - season. As · it;

turned out ss· 88 (as the bill·.-·,: became known) be.came law on,:- · "' . October l2 .. The tribes :en,ded ·

. SB88 .. :; Shooting from a vehicle

and c~r.rying loaded and un· all road hunting a~ter this date.· · . -· c9ntinued on page 8 ·.; ... , ' ·

I.

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· ·11· · Pr_ opoaecf po. . tenuatiJ acceptable atte~a . ·

~ "Bac. kup'~ attea till 1~-ij Grantt• tormatlonl

1 •.

(contihued from page I) . -

In addition to a revi~w ~f . Nez Perce have all achieved , ··.the: draft ARR the Commission

1 ·~affect t~ibe'~ status. Hanford·

'will be attending two key na- . sits on or will . impact the tiona( meetings. developing resources these tribes have

·some _ public education reserved in treaties .. ·materials and tentatively pia~' . · Another meeting, spon· i1ing a public forum at the con~ sored by the National Congress Clusion of their review. ·of American Indians, will once

.The first meeting will be a more review tribal options in tour of . the·. Hanford Nuclear · the overall siting process. This Facility in ·Washington state.· will be part . of the midyear ..

· · This will_ be followed by a · NCAI meeting set for February meeting. sponsored by· the in Washington, D.C. Northwest Affiliated·Tribes. to . Although Ruger·says that exchange'information.between he doubts that comments on first and second site· tribes. the draft ARR will change the

Handofrd is one of the DOE site selections. he views it three top candidates for the . as important in not only put­first dump and it sits 12 miles tjng the DOE on notice but also for the Yakima Indian reserv'a- educating tribal members of.

.tion. The Yakima, Umitilla and the nuclear waste issue.

A Review of Negoti(!tions by Dave Seigler, Policy Analyst

. . 1985 was a year in which the negotiating ~recess was str~ined-finally to the point- of breaking, and which ended with

the tribes still searching for a sa.tisfactory substitute. _ ._ · ·. The yearbegan;on the issue of spring sp_earing. with ~he DNR's George Meyer abandoning the treaty-1mplementat10n and bi~logical basis principles on which the negotiations had

. up ~ntil then avowedly been conducted. It ended on the is~ue of deer hunting, wit~ th.e DNR and Governor Earl abandomng the concept of ·good' faith negotiations itself. . . · ..

In between, the'tribes achieved two significant victories: · One in migratory bird. regulations, where the United States . Fish- and Wildlife Service, refused to be buffaloed by th~

Wisconsin DNR, and the second in wild_rice protection, where the drafting of a joint tribal-state management plan ma_y even· tually l.ead to the state's acceptance- albeit tardy. ofltS c~n­servation responsibilities toward that resource. ·

Even before the spring spearing agre~ment was reached, . _ · George M_e~er had i~plic~tl~ rejected the conserva~io~ .b~sis

for negot1ahons. Ratwnallzmg away DNR rep_orts md1catmg that. Wisconsin's musky population was overflshed bY._ state· licensed fishermen, Meyer rejected ?I tribal proposal for strict control on both tribal imd state musky fishing, but insisted on strict controls applied to tribal fishing alone. And on wall~ye,' the DNR. insisted that tribal.members spear only small hsh, l~aving the big ones for the sportsmen. Meyer's rejection of biological pril)ciples· became explicit at the post·seasonpress conference held in Park Falls when he was frank · for once -about his reasons for opposing lndiansspear·fishing: "There · is no use in anyone pretending that the use of spears for fishing game fish will ever be acceptable in the north." . . .

. ·· Meyefs comments at Park Falls included his offer to buy ·out Indian treaty rights, a_ proposal which pleased no one and . was finally put to rest by t~e Wis(:onsin Attorney General who

· stated that any such offer was premature and would not ~e sup· · ported by th~ state. The idea continues to hav~ appeal mc~r~­tain quarters, however, and underdifferent circumstances w11l no doubt be floated again.· ·. Despite :dissatisfaction.wlth the . DNR's. approach to

· · negotiations, the-tribes returned. to the table to work out· a deer • hunting agreement, only to be· forc_ed to walk away when . George Meyer dedared there wou1d be. no ne~~tiating on. the Issue of uncased arid loaded guns and road hunttng. The tnbes then proceeded to formulate their own inter-trlb~l agreement

. · reguiating tribal deer hunting. . . · • .. · · Meanwhile the state promulgated an emergency rule for

the same purpose. The ·Bad River Tribe . unsuccessfuii_Y challenged.theeniergenc"y rule, but at the same time state of· ficlals were. indicatin-g a new flexibility _on the road hunting and gun issue, and a willingness to sit down and talk more.

. The tribes returned to the table and quickly worked out an . agre~ment. The agreemenfcontained_a 34 day uncasedand loaded . gun/road hunting season, ·provided that the ~eason would end earlier if ·legislation went Into effeCt _limiting di~· abled hunters' privilege of using the same method. · .

The key unwritten part of the agreement was that the Governor would see to itthat the legislation did not go i~to ef· .

.. feet earlier • .lt was that part o.f the agreement, of course! that· ·. • was broken; The tribes responded by breaking off aU negotla·

. Uons over seasons and methods for any ~:esot.Jrce. . .. · . . · · • ... , Interestingly,. while the signing of SB88 effectively wiped

. ' out lllost .of the road hunting season: tl:letrlbes·had bargained .. Jor, .the state D!"'R ·'carne ·up with an intel'pn~ta~lo.n which• ·.

~·. •• ·:- 0

Nuke Waste in Indian ·Country: An NCAI Concern The Natio~allndianNuclear Waste Policy Com­

mittee, (NINWPC) a committee of the_National Con-. gress of American Indians (NCAI), will be meeting in Washington, D.C. concurrently with the mid-term annual meeting of the NCAI.

During three strategy sessions, scheduled for February 9, 1Oth and 11th, the NJNWPC will' b~ look· ing at nuclear waste and the possible impact on tribes in depth. _ .

Among items to be considered· wiH be strategies for dealing with the Area Characterization Plan being developed by the Department of Energy; reports from tribes affected by the Hanford Basalt Waste lsolation Project; development of the Health and environmental Risk Report; and reports from the tribes in the second repository region on their review of the Area Recommendation Report.

Nuclear Waste is but one of the pressing topics which will be considered during the annual meeting. Agenda time will also be allotted to discussion of the Gramm-Rudman·H.ollings issues, gaming, and

· environmental issues. The Annual meeting of NCAJ Executive' Council

is scheduled for February 10-12 at the Quality Inn on Capitol Hill, Washington; D.C. ·

restored disabled hunters' prit'Heges to shoot from many of the roads which appeared to be off limits under the laws. The tim­ing of the DNR's interpretation was clever: the rulirig was issued after the tribal road hunting season would have had to close on any !!'vent. but before the state gun deer season opened. · · --

Meanwhile; in a process stretching from February through September, _the trib~s oegotiated their._first off-res~rvation

migratory bird season . but with the Umted States F1sh and Wildlife Service, not the DNR. The DNR protested vehemently_ to USFWS, both about the process we had adopted· bypassing the DNR altogether and going directly to the service with our proposal . and about the details of the proposal itself.

For the most part, USFWS discharged its trust respon, sibility admirably and rebuffed most of the state's antics. As a· result of the ·1985 season and the data collected during it, the state is set for an even better 1986 season.

Wild ricing may have a brighter future in Wisconsin now, thanks to the efforts of a work group composed of the tribes and DNR representatives which met in the early part of 1985. The work group, whose state contingent was headed up by John Brasch. formulated. rule-making and legislative pro­posals and, most importantly, authorizt:~ the ~rafting of a joint tribal-state wild rice management plan, a f1rst because the st~te. has now. had a wild rice management plan and .also because the state has never had a joint tribal-state mariagemnet plan for any resource. The draft plan is sched· uled for completion inMarch 1986. . . . The legacy of the state's duplicitous and bad fa1th act1ons regarding the deer season in the dual track re~ulato~y. sy_:;!em we have since been operating under. For small game, trappang, and ice fishing, the tribes have adopted inter-tribal agreements­and ordinances, and the state has adopted emergency rules. For the most part the state's rule~ have traded the tribes' agreeme. And, for themost part the tribes' agreements have tracked 1984's state-tribal ,agreements. . . · . · Even so, the dual system has raised tribal concerns where

differences do exist between the agreements and the rules, do the tribes dare adopt the. agreements and subject their members to state prosecution for violating the rules? Are the tribes willing and able to defend their members on such ~ases? · · Given the reality of t~e rules, do_ the agreements really ~tve t~e · members that much more hunting or fishing opportumty. Wtll members limit themselves to what the rules say, even if their tribal ordinances permit more, in order to minimize their per· sonal risks? · ·

On the other hand, .what is the alternat_ive? Returning·to negotiations means dealing with a p~rty which has ~epeatedly broken word and manipulated negotiated results to 1ts own ad, vantage, often at the expense of the truth. Any s_uch return would have to be accompanied by the utmost skepttcism or by 'a resignati~n that prediCtability in_ s~ate respons~ to t~ibal .resource activities is worth the restnct1ons and mampulattons .. whi~h will be its price. · . · . . . .

· . Jn summary. 1985 has shown ·the. inadequacy of the m·. ·te~:im processes triedto date. To protect their rights, tribes have always required the intervention of the fede~al courts.to tip the balance of power away from the s.tate. Wh1le the V~1gt . case lumbers on in court, that key piece in t_he power equattoL' . wiJI.·be missi_ng and· tribes will continue to find themse~ves· frustrated· in exercising the rights they know are theirs~ .~nght · spots there .will. certainly be • _migratory birds_ and rice in -19~5 .. were. two • but perhaps the best that, on the whole, can be satd . for the process so Jar is that a flmlted exerCise of rights is be,t•

.. ter than none, The true benefits of Voigt a_re still to come .. , ·

· ·. r1 rnwr&O"JJ · on ·or miar the reserva•ion. The

Tribal · Reactions · on. the tribe adopted resolutions <in · Second· Site Potential- the jssues several years ago, he · following ·the an11ounce· says, In anticipation: of the pre­ment on January 16th qf can· sent predicament. . ·. . . didate . sites for the second Waukau feels lt is .. im. . nuclear waste. repository,. perative that. tribai leaders several. midwest tribes fqund ··stand together .. In . opposing themseiV'es "in or. very near to a nuke waste · dump sites on candidate .site. For the most reservation lands and also in part, the announcement came insisting on being h~ard. Our­as no surprise to any of the~, ing. the process of the original but rather confirmed the1r characteris~lc studles,-Waukau worst ·suspicions. Menomonie commented, the N.\enomonie

· & Stockbridge Munsee lie right Reservation was I') tit even listed. · ~ in the Wolf River Batholith and as being :in existence •... · · · · · ... · Mille Lacs is on one of Min~_· · Menomonie will be. apply- · nEisota's selected sites. · ing for a grant to study the

Mille · Lacs, MN-:-Don draft area recommendations Weddl, Mille Lacs . B~nd of and is also planning on a public ·• Chippewa, says that one of t~e information 'session ~ithi'J'l the· · major concerns of the tribe 1s · next 30 days. · how much tribal input will be Stockbridge Munsee...;.By _ allowed in the on-going pro- tribal . resolution the

· cess. The tribe, he says, both · Stockbridge-Munsee oppose a · wants to Jearn more about the · nuclear ·waste dump · site· on . siting and be assured that their their reservatiQn, according to

concerns wii.J ultimately be · Laura Coyis, tri_bal . represent­listened to. . alive to the Radio Active Waste · The tribe has received ·a Review Board.

$30,000 grant from the depart· · She says one of the major ment of Energy· to review the concerns · of the -Tribe· is- to Draft Area Recommendation educate the D.O.E. on the

·Report, which they will be do- tribe's status as co-equid with ing ·with the assistance of St. the States and also that res~r­Cioud State University. Weddl vation land should never-have· says they will be working dose- been . considered in the first Jy with the University's geology place. department. Coyis says that

Hopefully; he says, "the Stockbridge-Munsee has_ Unive~sity, the· tribe. and the already had several publiC .in­surrounding community will formation sessions and- has en­develop some ties in ap- couraged tribal memberstoac~ proaching the pro~ I ems and tively particpate through fliers, issues . of · a nucelar waste articles in the newsletter and repository_ in their backyards. open· meetings of the tribal

Weddl says the tribe will radio"active review committee~ be sponsoring public informa: The tribe will . be sending at tion sessions in each of the least one bus. full of members three communities ·on. ·the t~ the public hearing· schedul- ·. reservation in order to help the ed in Wausau on January 29th. tribal membership understand _ Coyis emphasizes that. is the full: implications of the important: for tribal_people to situation. understand the long-range im- ·

Menomonie; WI-Hillary plication of the poti;mtial dump Waukau, Menomonie, says the site. "Tribes have no \>ack

· tribe opposes a nuclear wa~te door,;, ·she s~ys. Once the site on or near the reservation - reservation lands are ruined, and also any testing or boring there is no other place to go.

For Information bn The Nuclear Waste Project

Dr. Sally Mann Crystalline Repository Project Office U.S; Department of Energy 9800 So. Cass Avenue Argonne, II 60439 .

' . . .

Mr. Jim Kleinhans, Exec. Director · Radioactive Waste Review Boa.rd ·

· 921 Tenney Bldg. 110 E. Main Street Madison, WI 53702

Du ·Wayne F.Gebken. WI Department of Natural· Resources Bureau of Enviornmental Impact 101 S. Webster St., GEF 2 Box 7921 -Madison, WI 53707

Steve Do:d !ge . WI Department of Natural Resources

. Box 7921·

.. Madison, WI 53107

·· Kestutis K. Ambutas · ~Jndtan Affairs Co-ordinator

U.S. Environmental_ Protection Agency, . Reg ion· V Environmental Review Branch 230 So.·Dearborn St .. · ~hicago, II 60604

U.S. Department of Energy . Office of Civilian Radioa~tive Waste Management Information Services Division, OPO (RW-40)

· Washington, D.C. 20585 · · · · -

Alan Ruger, Environmental Biologist Great Lak~s Indian Fish .and Wildlife Commission· P.O. Box 9 Odanah; WI 54861

. (715) 682-6619

Joseph Bresette . Great Lakes Inter-Tribal Council P.O. Box 9 Lac du Flambeau; WI 54538

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• > l****•···~~···~···~··············*-lf********.****************************·~·~"!·~:~ . l ·: . B8sadny. Responds ,Jo . .l ~ . . . . . . . : . . . - ..

•AGB3.M.ASJN.AIGAH.

i. ,.· · Schlender ! * ·, * * i The leHer wriHen by Jim Schlender, Voigt * : Task·Force Chairman, to Mr. iesadny ran In the : : · · December Issue of the Maslnalgan. Below Is , : * · . ·; Besadny's. response to the several concerns ex· · * · · . presied by Schlender In. his leHer. : -: · · : January 2! ·1986 . :

* * :~t- * * kk_James.H. Schlender,' Cha1'rman * .J Voigt Inter-Tribal TaskForce. . : * Route 2, Box 2700 * : · Ha}'ward, W1.54843 · : * . l * * Dear Jim: * * * * I * ·: This letter is · in response · to your letter recetved :

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* . December 10, 1985, in which you expressed concern * · : about c~rtain recent actions by this Department. · , ! · '(***************************· *****· **·***~ : * T . , * . * ... · he first two. concerns. you mentioned relate to the * * · Departmen~·s emergency rules for Chippewa small game * ! and trapping for 1985-1986. The first concern was about ' ' : * . the change in the dates for specified ·closed . areas ·in . , * : . Taylor, Burnett,_aild Marathon County. The change made ·• '' :

. : . in the rule concerning these dates after the Natural · : ! * Resources Board meeting was minor anq purely editorial. * * · In · fact this change was consistent with ·the staff * ! . testimony before ~he boara and the written material fur- · ! . ·* · nislied to the boardrprior to the meeting which specified *

. : the changes,· the intent of the -proposed. rules. was to. : * replicate the previous year's agreements. The editorial· * } date change was consistent .with the testimony and the · Carol Sesadny, Secretary of the Wisconsin Department of! * board intent. This editorial change was fully consistent.. Natural Resources. ! ·! with the request of the Great Lakes Indian Fish and The definition was not aiscriminatorily applied to Chip- * * Wildlife Comission. · ' * . * pewa hunters this fall. I have been informed that riot a * *. . The second concern you raised about the rules was the single citation was issued to Chippewa hunters for * : extent with .which section 13.14, Wis. Adm. Code, could · shooting from unpaved roads during your extended . : * be used by the staff to replicate substantially last year's . season. In fact if you review the situation carefully, Chip- *

·. ! · tagging provisions •for otter and bobcats. The intent of pewa hunters had a greater opportunity to gun deer hunt : * that provision a~ stated to the board committee and to from roads this year than any non-Chippewil hunters. In *

. : · the full board by Department staff was to allow Depart- practical application this yeiu, the timing of the statutory ! * · ment staff broad authority to adopt a tagging provision change was discriminatory to· non-Chippewa deer * * similar to that iri last y~ar's agreements. The board's hunters. On this issue I am greatly concerned that you : : · ·adoption of section 13.14 dear·ly authorized the Depart· and your staff issued a press release stating that the : : · ment staff to enter into our current flexible tagging agree· Depa'rtment's action was a disgrace, disqiminatory and * * · . ment with the, ,tribes. ·Since the tagging provisions unlawful _without prior contact ·with my staff to ascertain * · * ·eliminate dual permit issuance and fur registration, a·nd the reason and background for the Department's inter- ! ! · therefore to the benefit of tribal trappers, it is difficult to pretation. Such _better commurication is something I * : . rationally understand the extent and depth of your pro- believe our respective governmental ·organizations . :. ! ·test about the rul~ adoption process. · · should encourage in. the up~oming year. 1 :

* Lastly youexpress.ed concern about the Departmenfs'en- Let me conclude this letter by noting the irony of your * ! forcement interpretation of the work ''highway" in the comments that the Department. was lawless and racially : · * . ~evised road hunting law ( 1985 Wiscons.in act· 36). The . discriminatory in the implementation of these Chippewa * : · .. Departm.ent interprets that word to ;:~pply to roads that treaty hunting rights. The Department receives several ; * are indicated on offical county highway maps. You are letters a ~eek complaining that we are implementing ; : . !=Orred that ·prior to passage there was substantial belief ·your treaty 'rights in a lawless anc!_racially discriminatory , * * that the word highway would include virtually all logging manner. These letters are all from individuals opposed to . ! * ·.roads and fire lanes through public forests. your exercise of treaty hunting and' fishing rights. Lewis *

. : Immediately after adoption of the new law, Department Carroll would be impressed by the irony of your letter in . : * contrast to the many others we receiv·e. It impresses me .,. * attorneys consulted in depth with legal staff from the . * · · Wisconsin Department of· Transportation and with that if those most virulently opposed to treaty rights and : . : · managers of federal, state, and county forests . .It was the those most strongly advocating a broad interpretation of *

.... thos.e rights are dissatisfied with our implementation of * ..... unanimous conclusion of ttJat discussion that . the * ! statutory definition of highway was not as nearly in- the rights, we have in fact reached a reasonable .and pro- * : dusive as previously thought, hence the 'current inter- per balance. : * . pretation of the word. Lastly, I commit to you and the Task Force that, despite · ! l · · · · ·. · · • the occasional intemperate remarks of yourself and one · * * You expressed con_cern that the timing of the Depart- or two employees of the Great Lakes Indian Fish and !: * . ment's disclosure of this interpretation was intentionally Wildlife Commission, the Department' will continue to ; * late and racially discriminatory. In fact, the research and * *. , discussion that led to that interpretation was expedited implement Chippewa treaty hunting and fishing rights in * : · . due to public and legislative inquiries as to the full im- . a positive, lawful, ·and forthright manner. The Depart- :. * "" · ment wishes to continue this implementation in a * * . pactofthe bill. 'Representative Halperin and Senator. Kin· cooperative manner with the ·chippewa tribes. Thank you * : · caid issued a press release whiCh had immediate, exten- for bringing. your concerns to my attention. Jt * · sive press coverage the day after the. interpretation was . *

. :· finalized .. Neither. the Department of Transportation nor Sincerely, · i ... * this agency have received a single complaint from a state ! · *

. Jt legislator about this interpretation of the word highway. · * : Obviously if the Legislature wishes to assure a more in- CD. Besadny ! * . · · elusive definition of highway, the law will be changed. I Secretary *

. : seriously doubt whe~her that w!ll occur. . . * ~ * -r . *

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Wildlife is on the Line: ' ·1986 Endangered '

· Resources Fund Theme ·

· "Another new program will involve· the Un!versity of Wisconsin in•a joint effort to begin recovery and manage·

Wisconsin· taxpayers con- . ment of the endangered ornate . · tributed over $470,000 tqward box turtle. The ·timber wolf . the preservation.o( endangered management effort will . con-

.·· species and natural areas last tinue and the timber ·wolf ·year. Donations madeithrough recovery plan will be com· the. ·Endangered Resources pleted and ready for public in· Furid income tax check-off \Vill put soon.''

··' be used· to continue work in ·A number of existing pro-.• recovery· a.nd management ac- jects will :be expanded in 1986 •. 'tivities and to begin new pro- due . to continued support by.

Jects. . ·. . · . · · • . · . taxpayers of the Fund in; · "We are extremely pleased eluding·. nest platform. con­

with ! last year;s totals," . said; struction. and habitat protec-·. Ron .Nicotera; director 1 of .the! tlon for Forster's and Common

DNR's · · ~ndangered. Resourcesj terns. The barn owl reintroduc- . ~ Bureau. "Over' · 70,000 tax• tion program will be expanded · payers c~ntiibuted to th~ f'urid' and several young owls will ,. this. year. That's up from J_ust; ·again be. banded and equipped

over ~7,000 lastyear .. our f~rst .• with radio ·transmitters .to year when W!! raised $2~1 ,000~ · determine· the success of. that:

may be contributing to the 'birds' decline.

Preliminary work will begin on the reintroduction of trumpeter swans and some .Funds will be used to support · Project Wild, an ·educational · program beginning in Wiscon- ·

·sin public schools last faiL "We are committed to · ·

much more than we alone can ' handle, so it is through- the ef- ,

1-:ndan.:rred Resource< Fund

~male on your Wi\4;0H\in ln~\lnlC T;n hum.

'forts of many volunteers that our endangered and nongame , to them. Education is the key · species work continues," said to both preservation and the Ron Nicotera. growth of the program t)1rough

"As the 1986 Endangered contributions. · Resources Fund campaign · "Many individuals see the begins, we are looking forward preservation of endangered to another· successful year. species as one of the most More and more individuals are criti~al issues of our times," becoming aware of the Fund said Nicotera. "Time is the and the w9rk of the Bureau of' most critical factor; To make a endangered Resources and committment to preservation

G.reat .Lakes· Tribal Judges ·· Association·.·.

Forms · · · Tribal judges from three

stat~s. ·Minnesota, Wisconsin, and Mi<;higan, met in. Lac du Flambeau on January 16th to formalize the organization of the Great Lakes Tribal Judges Association.

According to Bad River Tribal Judge Ervin Soulier the Association is being formed to

. provide a . forum for mutual support and assfstance among tribal judges. The first plann· ing meeting for the organiia· lion was in November:

to assist in the de~eiopme.nt of new tribal courts. While many · tribes already have ·tribal <::ourts, :Some are very new, and. some are in the process of for­mation. The Judges feel they can expedite and assist tribes . in- ,developing effective tribal· courts by sharing their ex'

. periences. ·Tribal courts tend to focus

·mainly in the areas of child welfare, child custody, conser­vation, housing, . traffic; ·and . parental rights, according :to Soulier. However, sotrie areas

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The idea. he says, is to of the law can become unclear, ·.,. enhance the tribal court especially when dealing with system ... The organization . treaty rights on ceded ter­hopes to accomplish this by ritories which cross state bouJ)· · facilitating further training daries. Then the differences locally, an. opportunity for between state l~:~ws and state­discussion of mutual concerns, tribal relationships can create and jointly preparing . difficult situations to interpret. materials, such as ben·ch books · These are areas which the designed specificaly for tribal judges hope to discuss. . .. . . . courts. He says it will also help The next meeting is promote uniformity among the scheduled to be held on March· various tribal courts; 6th at Keweenay Bay,

Another major role willbe ·. Michigan. . ·

Bingo ·Hall In Duluth On It's Way

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... ·· ".Money .. cont_ributed to !he . p_rogram. • · . . · .. • ·. .·· · . Fund. is earmarked for spec~fi~ . A. cgmprehensive

.. wildlife and.,pl_~n.~ p~ograms. 1.' grassland bird .census will be· : · · Over 30 proj_ec:;ts · a_re 1 ~.un:ently. .· initiated due to the knowledge.

unc1etway. With the ~d~itl()nal~ .'that several g~as~land. bird . · · ~ funds, -we wi.ll be ab_le to be~ in: . · speci~s are declinlng iricluding .

.. new .. PTC?}ects ·:·l~cl~din_g .a , bobolinks meadowlarks;· and.· ·~ p~regrlne· falcon rec~very ~>;la.n ·~·upland· s~n-dplpers.:. DNR , or- ·

· they are eager to support us. . at some time in the future may . Our mission' is to intervene on. be too late. Through contrillu· behalf of the . citizens of · lions to ttte Endangered

·Wisconsin -in ·the .. effort ·.to· liResources Fund, ·. Wisconsin . preserve· our., endan.gered and residents can take· the first nongame species. The~( 'Conti· ·. steps toward preservii'lg our' en· 'nuing :support through; -Co'J1· . dangered and threatened

Downtown . tiututh, ·the face of. th~ new iungo ·.hall 1~: 'now .· . covered over with plastic. Inside workers· are beginning the· massive renovations necessary to tum the btlilding Into the · bingo .center .. The project Is being jointly done by the Fond du ~c T-:-lbe and the city of Duluth. · ·· , .' ,· '.,-

. ~nd a pl~.e ":l.a~~n· restocking . 'nith~Joglsts'and volunteers witr. .. prog~~~· copt·~~e~. ~~.~ot~r&-: :. tJY to determine wti~t factors

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. trlbullons and involvement fn ·. wildlife and pla'nts. If we. wait ·.the ,program· indicates to :us , too long, what we lose .. may : tha~; preservation is a .. priority tie lost forever •.. : ' . . . ,

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·,' ·_MASIN_. ·_AI.._GAH_~_:A.ca_ ... --~-···-Tribal Involvement In Inter-Agency.· .·~ .·· , . ·Management C)tl Lake Superior Fisheries ·~ · ... ·By Tom·· Busiahn, GLIFWC, Chief Biologist

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.• -. Opportunity or Headache?. I • • Some explanation of the . committee wasformed by Con- decisions of governments. in· . Tribal Involvement · In'· Lake . Committees . and how _gress In the Great Lakes . volvlng Great Lakes fisheries:

. lnter-Age_ncy M_-an. ag· e- ·they fit into the larger-scheme .. · Fishery Act in 1955. Its· The Commissioners of

of things is In orde~. First some members are appointed by the GLIFWC recogniz~d this ·and · . m~nt 'Of Lake· Superior definitions: . U.S. Section of GLFC, upon 'have voted to endorse ~sheries ._.: , .. _·GREAt LAKES F.ISHERV recommendation by governors- SGLFMP if they are asked to, WAR. NING: A.ll k_inds ofgo:-rern_· · . COMMISSION (GLFC) •. This. · from each of the 3 states. Tl1e . and if language is inserted

membe. rs represent the sport recogn1'zing· ·the. sta_ tus.of tr_ibal : ments ,_·tribal, county, state, · Commission was created by a · · · · nat.io.na_l.·· get wrap.ped up ln .. treaty betwee_n the U.S. an_ d fishery, the commercial · governments in the U.S. The

fishery the State DNR and the ·Ia· kewide lake trout· rehabilita· compl_ica_ted. bure_a_ucracies, Canada in 1955, to control· ' '· · · ·

general Publl·c LSAC is sun. t1'o. n plans f. or_ the 3 upper Great Paperwork, and . · reg. ulations. · lamprey_s in the Great _Lakes · · · · · · · · ,.. \'

· · · posed to advise the U.S. Sec- · Lakes were written with con-, These kinds of red tape .. arias .· and to coordinate fishery tion of GLFC. Participation on side~able input frorh tribal

·· 'some . Indian· friends have management. The GLFC has 4 the LSAC has· not been _good·. it b 1 • d called it, white fape · .. seem: to members from the· U.S. and 4 io oglsts, an so· represent a be unavoidable in represen- from Canada. The GLFC does h~s been described as having a fair balance of tribal and state

great deal of power but not 1'ntere·sts, as w· ell as state-of-tative systems of government not manage fisheries or stock · · ' · · · · knowing it. · · the-art biology.

If you think it is bad dealing . fish; it does fund the lamprey . COUNCIL OF LAKE COMMIT- The Great Lakes fisheries • I· \Yith one governm¢nt agency at .. control programs. and fishery • 'a time, you may want to skip research, publish technical . TEES (CLC)- This council con- system sounds cumbersome,

sists of aU members of the . and it · is. Maintaining com· · the rest of this article, because . bulletins.. sponsor scientific Lake· C·omml'ttees·, and ·co·or- . . d k' d · it gets worse. When many· meetings, and provide·a forum mumcatlons an· rna mg eel··

· · · dinates basin-wide decisions, sion requires many meetings governments all try to put their · for . inter"agency discussions. such as alloca· t'lon of U.S. h · · d 1 eac year, an . generates arge paddles in the water at once, . The agencies that participate federallaketrout hatchery pro- volumes of documents. Where theyare USUally trying tOffiOVe ••increasingly including the duct'I.On. ·. . 1

' the canoe in different direc- . tribes .; are referred to by' agency policies or ·tions .. Then. they appoint a GLFC as "cooperators"; There are other GLFC commit· philosophies differ, it. is dif-

. . · • 1 d' · h a· d f ficult or impossible to-reach committee to study th~ pro- . There are several committees tees, me u mg . t e oar . o

· I T h · 1 E t · (BTOE) consensus._ln.general, each of blem. . .

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'· •· . m. ade up of t_he_ "cooperators". ec mea xper s • · Fish Habitat . Advisory Board the states promotes sport ·

·. The Great Lakes, especial- COMMITTEE OF THE WHOLE fishing, and differences among ly · Lake·· Superior, ar.e c:ur- (FHAI3), Fish Disease Control · . T

·(COW) · This committee con• c · t (FDCC) T k their policies are subtle. ribes · rounded . b_y numero-us omrrut ee . , as sists of the chief administrator · Force of Lake Trout Technical , are generally most concerned

.·sovereign jurisdictions: states,. of each cooperating agtmcy.·At . about treaty commercial . · ·tr'lbes·.·_a p·ro·v1·nce, and. ,fueir Committee Chairmen, . etc.·

this writing. ·the tribes are not H h Lak c · · · ·fisheries. There will un-. respect_ive federal -goverr-i: owever, t e e ommlttees

· represented on COW. COW has d ·f. •t 1 th 1 h doubtedly be dashes · over . m· ents. T_he J·ufisdi_.ctions are e 101 e y e pace w ere

IT]et only once or twice. to ap- t 'b h th ·t · policy on the· Lake Commit· Ove r·lap· · in 2 · w_ ays: .· n es can ave. e mos m·

Prove a document called the fl th r· h · d tees. However, both tribes and geogr_ap· hically (i.n that,' a stat.e uence over e 1s enes an. ·

Strategic Great Lakes Fishery their future. . states have a vital interest in and one or m()re tribes! share a. Management Plan. {SGLFMP) . achieving and maintaining geographic area), and in terms .:more ~bout that later. COW· SGLFMP {remember, balanced, productive fish com-of fish stocks (fish tend to ig- ·will meet again in February to that's the basin-wide strategic munities. The inevitable 'nore state and n~Uon.al boun- review the implementation of . plan for Great Lakes fisheries) clashes may actually focus daries in their movements). SGLMP. gives the Lake Committees . more attention on this com-Every one of the Great Lakes is many important respon-. nion ground, and improve fish h d b It · 1 • ri d"c LAKE SUPERIOR COMMIT• sibilities, for example: s are. Y · mu 1p e Jl:.l s I • · · · · ,.commun. ity· management on

· · d TEE {LSC). · This committee; "Th 1 k · 'II • lions.. Ttfey have create . ·a . . . e · a e comm1tees w1 Lake Superior. ponderous number ofcommis- along with equivalent commit• .define objectives for the struc· · sions, ···councils, boaras, ·and· tees on the other Ia kes, was ture of each of the Great Lakes

d ·b GLFC · h · 1960' · This is the optimistic view. committees to coordinate the create . y m t e S; fish communities ... " An alternative one, called ''in-

. _m. anage_ment ofthe· fisheries. · LSC consists of senior fishery ·:Each fishery agency f h f · stitutional gridlock:'· by a

administrators rom ·. eac . 0 . ·should submit all . substantive · Right ·.now, . the · tr.eaty · the. states {Michigan, Wiscon- frustrated ·state administrator,·.

f h 'b h · G changes from existing practice·. h 'b · d. · · . is ing tn es on t . e· . reat sin, ·and Minnesota) and On- sees t e . tn es . an states d h. h ld to the appropri.ate lake com- · 1 · k d. . · · h" h · Lakes stan ·at a t res o , tario. GLIFWC and COTFMA oc e mto.a s1tuat1on m w 1c

. h 't . mittee before imple_mentation." · · · . 'bl · d w1t an opportum y ·to gam are potential members~ LSC .is' consensus IS 1mposs1 e, an membership on some of the ···charged by SGLFMP to coor- In practice it hasn't quite poorly managed fisheries slide most influential policy-making dinate fishery manager:nent on . worked that· way si nee into a mediocre oblivion. committees within the. Great Lake Superior.The committee' SGLFMP was signed in 1981. The difference between

·Lakes fisheries system. This is makes decisions by consensus, The Lake Superior Committee the two scenarios is in the iden- . th.e . culmination of · several not by majority vote~ · hasn't yet defined objectives tification of com~on ground

· .. , years of effort.· In the 1970's, for the structur~ of the Lake among .the tribes and states. the tribes were mere spectators Superior fish community, and . For example, is the govern· in the inter-agency manage· .. LAKE SUPERIOR .!-AKE it has. usually reviewed changes· ments should agree that lake ment process .. Tribal leaders ·TROUT TECHNICAL COMMIT- from existing practice · after trout. mortality. should not ex- ·

. and biologists have continually . TEE {LSL TTC) · This is a com· they happened. The tribes, in 1 ceed 50% per year (as the · · pressed for greater · invo.lve· mittee o( biologists, one from . accepting Lake Committee biologists have agreed), then . ment in the·system. as well as each state, Ontario, GLIFWC, membership, will have the op- I there is a basis for regulating

offical recognition of. tribal and COTFMA. {There are portunity to put SGKMP and fisheries, ·whether sport or governme~t status. _Progress similar committees .for Lakes the lakewide lake trout commercial. Biological issues has been slow, but steady. Now Michigan and Huron.) It was rehabilitation plans into effect, offer much opportunity . for

· :GLIFWC has the opportunity to. created ·by the. LSC in 1:982. because it hasri't been done common ground, for example, accept· a· seat · on the Lake . LSL TTC has been developng · yet. . the need for lamprey control, a Superior. Committee. The· guidelines for stocking and But why would the tribes stable forage base, and a·dean

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Chippewa•Ottawa Treaty ··fishery· regi,Jiation on .Lake want to help· implement environment for the fish. Fishery Management Authority Superior. LSLTTC 'has SGLFMP and the lake trout There are many choices to

' (COTFMA) has the same op- prepared a lake trout plans? They were not involved ·.be made by tribal leaders on portunity on the . Lake rehabilitation plan fot Lake in drafting SGLFMP, and .it behalf of their fishermen and

· Michigan, Huron, and Superior Superior, but LSC. has yet to refers to tribes in one sentence members: the depth of tribal Committees. Membership on approve the plan. (Again, only: involvement in the lake com-

. ·the.Lake Committees will give similar plans· on · Lakes . mittees, and the policies tribes M. h' d H "Conflicts exist between each of the intertribal organiza- 1c 1gan an uron are · in will pursue must be carefully

tions a voiced equal to each of· • various. stages of implementa~ ·native people and other fishing thought out. At least. now the · · · ) · interests over access . to and the States an.d the Province of t1on. tribes will have a greater voiCe ·

allocation of the fisheries." . Ontario. However, along with , in the processes that determine this status come additiomll LAKE SUPERIO~ ADVISORY Vet SGLMP offers a sound the future of the treaty responsibilities. · · COMMilTEE {LSAC) . • This framework for coordinating the fisheries.

'· .. Happenings Elsewhere _.··Indian Gaming . Commis-.

. sion Bill Goes To Full ·.·House ·

the full House. White Earth Land Claims . · Earth has been reduced from The · bill divides · Indian Bill Passes Senate more than 700,000 acres to

. gaming int9 three c~egories: . . . Washington, D.C.-A bill · 56,000 acres. Much of the land

W. · hi D c. · ·· Th · Social, (including ceremonial was lost through the Allotment. . . .as ngton, . • . -~ • e. 11 b · d that· w·ould abrogate In· dian title

i .. House Interior Commit~ee ·last . games), bingo and pu ta ,_an .1· 00 000 . f. Whit Act at the turn of the century • . Casl·no-type · ga_mes, suc._h_. as_ to • acres 0 ·· e 1 · h · · f d

. week approved legislation. that . . Earth Reservation In Minnesota nvestlgators ave oun would create an Indian Gaming dice, .card games, r()ulette, jai~ . ed th .. S t 56"35 numerous. incidents of· .. im~ Comm.ission and permit reser- . a!ai, horse and do~ racing; The .. pass e ena e, . proper land transfers •. vation bingo as long as the · b,ll would leave regulation of · The. full Minnes~ta con- A strong proponent ofthe

·games are legal· under federal .. social and bingo-type games to . gressional delegation and the ·bill, Sen. David Durenburger, ·law and notspedficallybanned · .. the tribes b~t all ()ther·,torces · tribal chairman support ·the R-Minnesota, wants to see the

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by the state> ·: · .. would be stm:tly regula Led by bill, but. descendants Qf Chip-· 100,000 acres cleared of Indian ..•. I The seven-member -com-' ·the new comission. . ; .. pewa families who lost lands,. title, ''Th~ whole purpose of

· misslo~ would have i!J :'perma~. .· The state of Nevada Is ex· I often Illegally; in thE7Ie~st 50 (the bill) on the floor is to avoid nentchalrperson, who would empt _fr()m the provisions of years, . have .oppose~ . It litigation,"he said .

. be selected by. the· .·. _lntei'ior the ·bill. Indian· tribes in_· that · . vigorously. Sen. John MelCher, · from lPN Weekly Report, December

' Secretary, . The Attorney . . state wo~IC;I continue ·toJollow ·. D-Moritana, called. the · bill/ General would appoint a se~ Nevada s .comprehensive I "flawed." "The Indians have · cond member and five others ' statewide gaming regulations. fought this tooth and nail and

· wol,lld .be . nominated by the •. from lPN Weekly Report, De~mber will-do so In court, I believe," ' · tribes.' · · · · · · · · . ' · 'i' , he said.

r}lan Morris Udall, D-Arlzona, ,' · · ~ vote on the legislation by the

,·: ~ · The blllis·a 1tubstltute in- · ,t+· · . ' ., ·_.·. __ .·_· .. '. ··. __ ._· ·. · 'Backers of. the bill, S. ,, traduced by committee chair-· . I • • ~· ..•. · ·. .·. . . . ·• 1396, ex~ to. call. a House .

over. his ow~ earlier version; It· ~ end of the year • . , . was passed · by unanimous . . · .. . _·. ..·.·· . . ,. Located about 50 · miles·· ·· ·

voice vote and will. now go to. ' l . · · . northeast of Fargo, N.D., White t. ·~ ·.:· , • 'l t I 1• / t

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GREAT LAKES FISHERY COMM_ISION · · Gloss~ry of. · · · · .· · ·. .· · . .

Commonly asedAcronyms a_nd A~_brevi~tions · _ . · 11 J.anuary 1980 • .. _. ·.· , I

AFS-American Fi~heries Society . · . . . . · · . · .· •. CCFFR-Canadian Council for Fisheries. Researc~ ... CLC-Council. of Lake Committees · COE--Corp of Engineers · · . · COW-Committee of the Whole, SGLFMP . CWT ~Coded Wire Tags · . . . CZM-Coastal Zone Management Program DFO .... Department of Fisheries and Oceans (Canada) DNR-Department of Natural Resources ·. . ·. • EAGLE--Environmental Assessmen~ of Great Lakes .

Ecosystems (USFWS. COE) . . · . EPA.:...Environmental Protection Agency , F&O Canada-Fisheries and Oceans Canada . . . . . -FAIOC-Finance and Administration lnternalqperatmg ·

Committee FDCC-Fish Disease Control Committee . · . · · FEIOC~Fisheries and Environment Internal Operating

Committee GLBC-Great Lakes Basin·_commis5ion GLC-Great Lakes Commission . . GLECS-Great Lakes Environmental Contaminant

Survey · . . · . · · · ·. . . · . , GLEDIC-Great Lakes Environment Data and In-for mation Center , · . . . . .. . . . GLERL--Great Lakes Ecosystem Restoration and

· Rehabilitation GLFC-Great Lakes Fishery Commission . . . . . GLFDCC--Great Lakes Fish Disease Control Committee : GLFL..:...Great Lakes Fi!ihery Laboratory HBBS-Hammond Bay Biological Station. . ... · . .

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IAGLR-International_ Association· for Great Lakes ' · ·' 1,_:

Research . IDNR-Indiana Department of Natural Resources IDOC-IIIinois-Department of Conservation .· IJC-International· Joint Commission JFAS-Canadian Jo'urnal of Fisheries and Aquatic 1 •

Sciences·(formerly JFRBConservation ·

JRFB-Journal of the Fisheries Research Board · ! . of Canada (now JFAS)

LEAC-Lake Erie Advisory Committee LEC-Lake Erie Committee · . LHAC-Lake Huron Advisory Committee LHC-Lake Huron Committee LMAC-Lake Michigan Advisory Committee LMC-Lake Michiga_n Committee LOAC-Lake Ontario Advisory Committee · LOC,--Lake Ontario Committee . . . LSAC-Lake Superior Advisory C()mmittee · LSC-Lake Superior Committee

. MNDNR-Mirinesota Department of N.atural Resources '

. MDNR-Michigan Department of Natural Resources MOE-Ontario Ministry of Eiwironmeni · NFH.:....National Fish Hatchery, USFWS · :. NMFS:.....National MarineFisheries Service.·. NOAA-National Oceanic and Atmospheric

-1· Administration . NYDEC,;_New. York Department of Environmental • . ·

Conservation ODNR-Ohio Department of Natural R~sources OME-Ontario Ministry of Environment

. OMNR-Onta(io Ministry of Natural Resources , PFC--Pen!Jsylvania Fish Commission PLUARG...,...Pollution from Land Use Activities

Reference Group . RGLE.:....Rehabil ltation. of· (Jreat. Lakes Ecosystems.

{GLERR) · SAB--Scientific Advisory Board, IJC . SAc..:...scientific Advisory Committee . SA-Sport Fishing Institute· SGLFMP..-.;$trategic Great Lakes Fishery Management · ·

Plan " · SLCRC-Sea Lamprey Control and Research .

Committee · SLIS-Sea Lamprey International Symposium · SP-:-Strategic Plan (SGLFMP) SPOF-Strategic Plan for Ontario Fisheries STC-:-Standing Technical Committee (associated . ·

~ili~C) . . . .. .

STOCS-Stock Concept. Symposium USEPA:.....United States·Environmentai•ProtecUon ·

Agency . USFWS-United States Fish arid Wildlife Service ·WDNR-Wisconsin Department of Natural Resources WQB-Water Quality Board, IJC ·

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. Nancy Co~. Rights Protection Specialist, Minneapolis Area Office of the BIA.

propriation of funds by Con­. gress.

Commissioners Meet in Superior

The Great Lakes Indian· Fish & Wildlife Commission held a quarterly meeting on. December 20, 1985 at the Holiday. Inn, Superior, Wisconsin. ·In attendance was Grand Portage, Fond du· Lac, and Mille. Lacs~ Min- · nesota; Bad· River, Lac · du Flambeau, Lac Courte Orellles, Mole Lake, Red Cliff, and SL Croix, Wisconsin; and Keweenaw Bay, Michlg~n

. (Bay Mills, .MI was absent).

Executive Administrator Reports·

Ray DePerry brought · a number of items before the · Commissioners. He reported a lost boat from a Lake Superior storm; he said that there was a successful treaty deer season; he expressed some concern over intertribal conflict regard-

Meet · ...

Richar~ Gurnoe, ~ed Cliff Tribal Chair~an was ~o~ed i'3 as the new Chairman of the GLIFWC Board of Comm1ss1oners at the December meeting in Superior. .. ·

1980 Strategic Great Lakes Analyst for . the • Commission, · Management Plan. '· ' reported that the current pro··

Other Business · . area as a · Rights Protection Specialist through . the Voigt Decision in Wisconsin ·- ' the area · of tribal hunting and fishing rights on off­reservation lands.

Cobe says so far there are . about 2,500 cases under this

. ing nuke waste issues; and he said that Bill Horn of Interior has issued a' memo which clarifies their position regar­ding inter-tribal commissions.

Because of the continued anti-Indian . threat ··by groups such as ERFE and PARR it was· suggested that the Biology Department and the PIO get together to develop 'and distribute material about the recent deer season and the up- · :oming. spearing season.

posal . to ·the Environmental Protect Agency will .probably · . be· funded and will start early next year. He said the workplan . is currently being reviewed by . <;:ERT · (Council · of. Energy resource Tribes) . who is the prime EPA subcontractor on

. Primarily Cobe's role has been to help the tribes' receive necessary funding for the im­

. Nancy Cobe·, a graduate of plementation · of the Voigt the-University of North Dakota, ·Decision, consequently is in-

.. came to her present position as valved in hand I ing the contract Rights Protection Specialist, in for the Great Lakes Indian Fish ·,

1 settlement act· and the Bl~

estimates that about 8,000 or more individuals may be

. receiving money. However, the ·research involved in the task alone is monumental and a

·date for the payments has not yet been determined.

· b 1983 ft s end an. _d Wildlife Commission, . Septem er, . a. er P · Right·. Of-Way Claims . ing a number of years working . which'ls the centralized ~g_ency through contracts with Min- . cy· for natural resource Another new project

. nesota tribes in ferreting out management and enforcement which is requirin~ Cobe's at-damage claims. The , Federal, for off-reservation hunting ~nd tention is the Great Lakes

. Government had·given a ten. fishing activities... Age~cy 'Pilot . Project, ··y~ar .period to identify any · Each year. she must developed to resolve right-of­: damage. claims · by .. tribes ·or · review and provide comments way claims. The-pilot study was tribal members prior. to 1966, on the requests forfunds which ·established largely to develop and her role was to find claims are required to assure that the guid~lines and establish the which could be rec.orded ove.r Tribes under the Voigt Deci, cost effectiveness of ad-a'no ·published· before the sian can effectively continue to ministratively resolving right-deadline. Her experience with exercise- the rights affirmed ' of-way claims.

· ·.claims and . realty extended · through the court decision. . These claims, Co be ex-over tne years of 1978 to 1982 · · · 1 plains, deal mainly with roads

; and included exploring land · Cobe has also been in- that have been constructed on :titles in Alaska under contrac;:t valved. in the U.S. vs. Michigan reservation land. One of the

· · · and with the current case in . several issues that have to be. with the BIA. . h · · Minnesota involving the treaty·· weighed in t ese cases IS

Damage Clai_ms · ' 1 rights of the Grand Porta!;)e weather the road is or is not

Land Claims

· · Band of Chippewa under the, "beneficial." If it is beneficial, . .. Upon arrival ·at th_e Min;_ , 1984 Treaty. . the Department of Justice says neapolis AreaOffce, Cobe was f · b k d ' Often, as in the cas_e o no action can e ta en, accor · well-acquaillted with the task 1 · · f

. hunting and fishiAg r_ights, ing to Cobe. So, reso uhon o to make sure that the claims. · · th · several· office. s at · the Min-· these· claims -rem~ms ano er · for the tribes were ready for a

neapolis· Office become in_- undertaking or. major propor-seC:ond publication . deadline. b 500 h V. ·olved. For. instance, with th, e tions,, with a out · sue •· Under 1 the Indian · Claims .

' Voigt · Decision much · of the' claims on record. She says 1t (imitation .Act. of 1982 · ·1

1 'tt' d 'th review fell to Bill Holm, Natura · · . may invo ve s1 mg own WI . · (ICLA-82),: any ·claims which · · · · · · d' 'd 1 ·n

· Resource Specialist, when the the Tribes or m lVI ua s 1 · . · ·were to receive attention had · h b t ·issues began to deal. with the volved to determine t e es ·:to be identified and published

· · · implementation of·dghts· .a~?d 1 possible course .. in

1 ~:~ . result of the iden- the allocation and manage- ·

' · . ment of resources. 1 • 1

, tification of_the dam!lge claims She describes her position .. is approximately 5000 cases also as that of a "liaison" who . Naturally, Cobe has also

which have to be reviewed. · been involved with land claims, helps get informatic;m bact< and <Many cases have b~en resolved forth between the tribes or the. and particularly with the White a.t the BJA Agency level there Earth Reservation. The. sit_ua- .. · ' · ' . various agenci_es and the Cen-stifl remains ''unresolved tral BIA Office in Washington, tion, she says, is complex and

I cases·: requiring the Area _Of· not one to be quickly incap-.. · fice review, which are kept on a D.<:. su Ia ted. ·However, she re-: computer t_racking ~ystem for Old Age·· Assistance marked .that the • current

, easy access. . : C.laims · ' . 1 legislation in Congress, the · · Because ·the ta~k is . Anothe·r area -which White Earth Reservation Land

Schlender also said that LCO is considering legal action against the Department of Energy for not. excluding In­dian Reservation from con­sideration of a nuke waste dump. He says that the DOE Secretary could have done so . as an administrative act.

New Officers Because of mid-term tribal

elections .at Bad River where Bob Bender replaced Joe Cor, bine as Chajrman, the selec­tion of a. 'new Commission Chairman was needed. Richard Gurnoe, Red Cliff, was selected unanimously for Commission Chairman. Jim Schlender,_Lac Courte Orielles, was selected unanimously to fill the seat as Vice Chairman, formerly held by Gurnee.

Richard Gurnee, chairing the meeting, called for the cen-. sure of those responsib.le for

A poll of the Commis·. sioners indiCated how they would use their $30 thousand for review of the ARR. Ke- · weenaw Bay, Bay Mills and LCO said they would pool funds with the Commission; St. Croix and Mole Lake said they would pool with Great Lakes Inter-Tribal Council; Fond du Lac, Grand Portage and Mille Lacs said they would remain in­dependent; and, the rest were still undecided. · the boat los5. A. motion to that

effect was passed by the Com­. missioners.

· Lake Superior Committee Tom Busiahn, head

biologist for the Commission, . reported that the· Commission has finally received an invita­tion to formally sit on an im_­portant management commit­tee which oversees Lake Superior; this is a committee of the joint U.S.-Canada Great

·Lakes. Fishery Commission. The commissioners voted

to accept a seat on the Lake . Superior Committee and to ap­point someone at the next meeting. Busiahn said that the next· meeting of the Lake

. ~uperior Committee Will be in February and that they will be reviewing ways to implement a

Except for border- pro­blems near Mole· Lake there were few incidents during the treaty deer hunt. DePerry said

·that the need to expand the warden force was m!nimized when the Task Force and the DNR came to an agreement; he said two additional seasonal

. wardens were added. for the treaty hunt. .

A motion was passed to ha~e the Commission Policy Analyst review and draft a response to the Horn letter.

Environmental Issues Dave. Seigler. Policy

tribal proposals: · Alan Ruger. Commission

Environmenta.l ·Biologist, outlined some of the options and. resources available · · through the EPA.·· He ·and Seigler were requested to ex· · .. plore ways for the tribes to cap- ... ture more funds, particularly · · Superund dollarl>. if available.

. Nuke Waste · · As a followup to DePerry's

earlier comment · on Inter-. Tribal conflict Seigler . and Ruger· explained their understanding of the current funds and discussions ~egard­ing nuclear waste issues. They·

. said that what is important is for tribes to decide how to get

· involved, and not to dwell ·on -going it alone or pooliri!;J with: one agency or another. ·

They said that . the initial funding· to review the draft: Area Recommendation Report . is merely "a borie to the tribes'! . and one. given after . the fact,· .. without tribal input; However,·.' · they said that- tl:te . monies'· available may provide the tools to. build an argument so that: tribal "'affected status" can be.

.' ev.entually achieved. . Jim. Schlender : reported··.

that at a recent meeting he.at-' .• tended it was clear that the . Wisconsin Chippewa . will be

·able to nieet the "federally defined. rights" for · affected

. status but ·it won't be automatic.· or easy.

.. monumental . and the staff is . occupies a good. deal of Cobe:s;:. • :s~ttlement Act of 1985, which . :I . ' short, Cobe ~xplains the. BIA time is .the Old Age Assistance ~eeks to'. settle unresolved ,·

has adopted th~ ·pllilosophy of . Claims under the Old Age claims relating to allotted In- ' ·

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first pursuing those claims for Assistance Claims Settlement' dian lands on the reservation 1

fut)ding which see_i'n ~o _·have · Ad of 1984. This Act was in and to. remove ·clouds from ' most merit: Each case must~ ·response to a 1960's court rul-. titles to certain lands; could be

1 accessed as to whether them· · in·g that said the Secretary _of precedent setting. vestment wiU meet or exc~ed Interior had no legal authonty <;::ongress is proposing to ; the returns; · Cobe. \You_ld · ·to pay state or county otd· age. pass legislation to "buy ·out" , choose to first pursue a case m· assistance ct~ims . from the the claims and clear the titles volving . the· investment . of. . trust or restricted. funds of dispite the objections of the

. $) 0,000 · federal funds w,h1ch · Indians. · · . · · • ' · • White Earth Tribal Council. If . would return. $50,000 to; the · . ··In the 1930's.to the 1960-s this action is taken,· it could·' daimee; rather tha,n one which ·elderly Indians had received . earmark a change in Coilgres-

.·. : . would _·.require $ t 0,000 · in· old age assistance payments. sional attitude~ for the future .. · . vested to. return $500 to the Following their dea~h, some

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claimee. · .. ~ - . , · states and· or count1es_ a~ked Cobe's task is big, not only··· Due · to ·the · .ma.ssive _· for. repayment from the· es~ates in terms of workload, but also ·

backlog 0 r_· cases, • the .. _Min~.·, of the deceased to recover the in responsibility. She must, as. neapolis Area Office .. ·h~s ./cost .of providing old_: age a R.P. Officer, always represent

I 1 ·-.. d 1 r d . Indian interest. In other words, · rec~ntly hired . · ~osa Y" : ._. :. ~asSist~ nee. This ':'as . ~c .a e.

Pointe as a Claims ~.amlner, ~- illegal in a 1960 s court dec•~ · ·she must do her b'est working · · · · · • · · · ir:t the federal system to assure to assist in review ... ' · .· • . :ston: .· . . ·. : · d. h "b 1

· · . · · ' " :-: · · :' ·. ,._ · '. ; : . : . :.The ·1984 Settlement .·A.ct .· . that each tribe an eac · trt a Hunting .. and":· .f(shlng . :ditect5. that the -In~ ian esta~es, ;member has the ablli.ty and Op·. . • ' .... !

Rights , . · :. : .. :.: 1' •. -: · .. ,':f . . ~av.e to: be identsfled, . llvmg_ . port unity ~o · protect • their · · AI h · : h ·dariu!ge ~laims .. people e~lltled to money det~~- · rfghts .. The current work load . . cont"•n·ute~ut~·:.'b_~._,e. t_9p, pri __ ority _

1• in_ l_n~d •. eac:h · llvlng persons · .. ··of -that office Is ·indicative-of .· ·

· h . . · · ·t· her ·posi· .'.·share .plus. 5%. interest , be .. ·how frequently tribal & ·_·in-.··· w en C6be came .

0 - · · d d h · ·· ·· dividual rights were dlsre-

. tion in· i9a.3,.'she.was .aci(l~c:l-a · · :_ call.cdul~teb ~~d fo~to~~rig :~~- · garded in the past. resi:x)J)slbilltY: :111 a wh~~e. new 1

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Members of GLIFWC Bo~ud . ~r. Com~issloners Ol~.t · bn . December 20th at the Holiday.Jnn in·.supC,rlor for a busmess. meeting. Pictured abOve are, from ·left, Don, LaPointe, Ke~ ..

. weenaw Bay; Robert Bender; Bad River; Tom Maulson, Lac · du Flambeau; and D.on Weddl,. Millf! Lacs •. · . ·. ·

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·The brief .reprieve during Each fish of size is tossed· freeze-up is over for com mer· to the side as the net continues ' cia I fishermen whose nP.ts now to . be lifted. There are lake lay strung beneath the ice of trout primarily, white fish, a

.. ~ke Superior's Chequamegon few brown trout. Occasionally · Bay~ Their boats lie frozen into a small silvery smelt comes up; the ice. · glistening in . the net, or·

Still ·a living ·must be perhaps a suck¢r. rriade.Like other- commercial A !'llember.of the Red Cliff fishermen, those from the Red . Fishery Department, Don

- Cliff Reservation trek miles out Thomas, . frequently accom­ori the ice to set their nets dur- panies the fishermen to per-

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I ing the hard of winter, form on•site.assessment of the . . I Every four days the small catch. The Fishery Department

. team of Red Cliff fishermen. in- is .. studying the lake trout eluding . brothers· Mike and population in particular. Each

. , Richard, Jr. Gurnoe and Ken .· trout ..-i~ weighed, measured, Charette, venture out onto the and both scale and stomach

. Lake Superio.r ice prairie to samples are taken.

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· check their · nets. The . vast As the fish are tossed to . stretches of the channel, only a . the ·side, . Thomas. begins .the · month or so ago alive with process of collecting the data, . waves and water, now lies like : gutting the trout in ord'er to ob·

The team works together. In the distance, Ken Charette pulls the net out, stretching it carefully 9n the ice, while Richard,· Jr. and Mike Gurnoe extract fish from the net near the mouth of the hole.

Ken Charette tags the lake trout after scale and stomach samples have been taken. ·

1_ a · great . white desert, . me' tain the stomach samples. This . : . tionless except for whirls of : . too is cold work, requiring bare

windswept snow. hands .. Trying ·to write down The team reach their nets the statist_ics with papers flopp­

by snowmobile •. They have set ing in the wind and fingers their nets in the southern part numb makes the task difficult

· · ·. of the· ch~nnel, the ice having and uncomfortable. · · . ·formed there earlier and . Once the fish are gutted,.

. thicker. The nels are ;:;et where tagged and sorted into bins, '.'the ice · js about 20" · deep · •. they are loaded on one· of the

already.' · . snowmobile sleighs. The net is. · · Although there is a certain lowered and fastened to the type of lonely beauty, a sense anchoring stake and the team of nature's grandeur and power ·proceeds about 400 feet out to

.. out on the ice, the work is hard · the nl!xt net to be_gin the pro-and uncomfortable: . cess over.

First ice: must be chipped . Catches vary. Ten fish·per . from around the hole in order :nlet 'is an estimated average

... to drag up the net. Carefully, · catch. Some days are good and· · all· shards .of cracked . ice are ·some . days bad . with small

scopped · frQm. the openi'ng catches and the effort seems in before the net is lifted in order vain. But those are the odds of to prevent the sharp spicules· · fishing for a living. .

·from tearing the filments of the · · The nets will remain in · pets as they are dragged up place u.ntil the ice begins to· and out of the icy water. deteriorate, threatening the.

Once· the hole is cleared, chances of the fishermen's • th~ net is carefl!IIY pulled-up. ability to retreive them. Unex·

_One man pulls ·the net out . pected weather changes, while two stand near the hole strong currents,· an~ breaking heiping the net out and freeing ice_can mean a loss of nets en­the fish as they are pulled up tirely, · so they must remain into· the .bright sunlight j:tnd abreast of conditions and be e,lazzling snow above the ice. · pr~pared to rescue the nets

· Freeing t!le fish caught in should it be required. the gillnet usually requires Fishing for a living - there bare hands as the thin lines of. · is something of romance to the net ·are delicate and the · · that. It's a har!-llife, lived close ·

· . thrashing fish are entwined in to ·the elements in all . their · its threads. The cold wind and various forms~ But basically it's . the wet of the' ·net make the' just plain old ;,working hard for

, work numbing on the finger- · a living." 1 •

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. " ;· ; , '... . jL; , . ' . , • . j . · · ·Richard Gurnoe h~lds a~sturgeo~.- which arrives thrashing ln .. : ,. . 1

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I The hole has been cleared of i~e a~d · ~e~ team begins to lift the net. Above, Ken Charette

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begins to pull the net up and out. By the end ·400 feet of .net will be stretched across the ice. Also shown above, from the left, are Mike and Richard, Jr. Gurnoe. · · ·

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Each trout lsmeasured as part of the Red Cliff Fishery Department's catch analysis.

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. Gathering, biologl~al ~ata on· t~e :cat~ _I~ ·a:cold_·ilnd· cumbersome ·pro~eas out of .the .Ice ·where tlte. wind biQws papers and·n~m.bs the "n,ger~ • .,_bQve, .Don Thomas; lefti .weighs and ·. measures· tlte' fish,. whll~ .. Richafd Qurnoe,. Jr. records tlie flgul'es. Botlj men work with 'the.

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,. A··sell OUt?.····· .·Minnesota Pollt.iclans · . . backed by. top-ranking DFLers. . "The.state of-Minnesota is tion . of people-. Anlshl~abe.

·. Selling Out White Earth in the state, including Attorney going to be .balled out by· thJs Akeeng purports . to represent Again? · General Hubert "Skip'' Hum- legislation," Cobe said. "Look will get nothing." . ·

· Reprinted from Nov·Dec, 1985

. phrey and Sens. Roger Moe how much land they're sitting Meyer's'remarksrepresent and Collin Peterson, whose on up there."· ' · a return to the politics of .In, ..

· Stakwatch, a publication . of · · MPlRE districts includ~ disputed land. The bill's sponsors have . timidation . in government- .

Mem.bers · ·. :the· Ba·d.· Rl - · . . . . . -M · 1 The bill's proponents have tried to negotiate_ backing (arm · Indian 'relations,· according ·t_o A hi lnnesc;>ta Repub icans in - .

,discuss detal~s ·0r promot~;r9• t:ur~:d

1c;:ounty Committee Washington and Democrats at been predicting passage of the tribal council and especial-·. Elizabeth Ebbott, author of a

from. the left are Marvin Hunt ·a 'j Rmbe n the area. Above, home are in a big hurry to pass some version this session, iy from Darrell "Chip" Wadena, book on Indians in Minne·sota

C·ounty Bo.ard· me·~· • . . nu Q rt Hoi_!Des, As_hland probably in December, and the council's chairman, but so published by the League. of s and R be t Be precedent-setting federal b - · - .

·Chairman. . . . • ~' ,·. ~ r . nder, ~dRiver Tribal legislation that opponents _· su sequent signing by tl}e far have PI'Oceededwithout any Women. Voters. "I hope 'we're: · · · · · · · ' claim would ratify past official president. . . official Indian support. Non:. not going back to the bad old Tribal Group Still Bender_ was asked, if the fraud and swindle of Indian A U.S. Interior Department- Indian. supporters invariably days of ·tndian policy." she ._. · ·

· StJ,Idying lnfo. Center 1 •• tribe supported th'e . land in northwestern Min· spOnsored investigation con- cite "tribal politics" as the said.· · R_eprinted· from Ashlahd D~ily · snowm~bih:i trail. crossing -the nesota. ducted between 1978 and 1982 . main obstruction; and have · · . No one has suggested that · . , Press_ , January 9, 1985 .. reservati_on, if the legal ·1ssues found that about 100,000 acres maneuvered to split Wadena a legislative solution to the · 'By offering Chippewa· In· . . . . The Ashland Co~nty:Bad ~: were reso~ved. He said it hasn;t dians $17 million plus 10,000 of reservation land now held off from the ~olid majority White Earth land dispute can I

Rive_r _Tcibal _ Committe_e c:::o.·n· _·: been ~ec1ded. yet if. the_ triba~ acres of currently state· almost entirely by non·lndians .. position i_n order to claim that satisfy all the involvec1 parties .. · Council d has . questionable. .or at least on, e:prominent Indian The reservation's tribal counc1"l

t.- d_ 't d' ·· · · w d · · · oes support 1t The controlled land on ·white Earth . : mue 1 s •scuss1on e nes- · t 'b 1 . ·_ · · · "clouded," title. Some hidiaris' favors passage. . . ~md the Twin Cities groun.s_·· . day about the propos~d tour.ist ·: fl . ~. counc•l only had on: Reservation, Minnesota and - .-.

. information center. to -'be· mE;etJ~g o~- the subje_ct and 1t Q.S~ officials hope to clear title believe a fuller, ,independent "Nobody who's really been representing heirs arid allot· ' • was &or d . . . investigation would_ put the involved with this would call it. tees are united in·opposition t_o_ ' .

. located in.· the · Bad River itn- · •: : •scussmn purposes .. · to around 100,000 acres of Some m mb · & figure even higher. an Indian bill," said the Interior the proposed legislation, but dustrial Park adjacent to (J $ · . e ers were 10 aavor disputed land now held by 'in· •

2 · · . · · of 1t However tribal counc·11· dJ'vJ'dual prop.erty owners· and The Interior Department Department's Shulstad. the <:ouncil. favored similar

Highway· ,. in t_ he_ area that· the · .· • . • ' · · · · · L. -. A· . H . . . c· . . membership has changed · field solicitors' office referred Department officia1s in legislation last April. •vmg rts . entage enter

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is . · · - . . federal, state and ' county · . W - to be bu'Jit. . ,_ . . smce that t1me. 250. to 300 individual cases to ashinaton favor the proposed Anishinabe _ Akeeng members, · governments. A combination · "' · of state actions .and f~derai . the Justice department during. legislatic;m, however, . on the' other hand, insist ."the

· Jim Thannum s~i_d they · . those years, requesting litiga· Supporters are urging land is not for sale~" I k. · t h · '' f ·~~· Sno\V~poblle Trail· policies resulted in apparently-are. oo mg m o t e opt10n o .tion to recover title for rightful ·passage of the bill before the Jim Schoessler, special_. · ·

· · 'bl s· · t · f th. 1 Dashner asked if the coun· ·- wholesale· illegal land transfers . -., poss1 y u mg par o .• e -· owners or their heirs. complementary Minnesota assistant to the state atto_rney · · d 1 t b · · · ty , 'snowmobile trail on the ·on the reservation earlier in roun og s ructure emg com- "We stopped compiling. legislation. expires as the end ·geiual, said he believes- man_y'

I t d Th ·11 h k :reservation was . closed off , this · century. A recent ·pee . ey w1 · c .ec into the the list when it became clear' of this year, but serious · ·_individual Chippewa's · wori't reas needed f d' 1 because of legal' questions government·sponsored in- . . a . or 1sp av_ d' - Sh h vestJ'gat'Jon found that

5-tate the U.S. government wasn't . obstacles remian. Although it .win their cases if they pursue a •

t · • 1 · d' Th r regar mg easements. e as . ma ena s, · accor mg to !!In· bringing suit (on the case)," passed the Select Committee litigative strateg·y. The. ones E · · · D 1 · _been asked questions about and county officials ·presided num, conom1c eve opment · said Mariana ·shulst_ad, a field on Indian Affairs by a 5·4 vote, .. who do win will usually. be par-

Ad · · · · (EDA) · · the_ ·closing by many tourists._ , over land sales· by indian · mJOJstratJon . p_lanner soli~itor who ·advised on the the Senate 'bill has been halted tial (one·eight to one·sixteenth,· · h · h G · · La · Mir\vald said material sent · minors, tax forfeitures of un-wtt t e reat kes Inter· allotment file . investigation. pending a U.S. JustiCe Depart· etc.) heirs. to· re_latively small

T 'b 't ·c ·1 · k' · · B d out- in November advertised taxable Indian_ land, wrongful . n a ounc1 wor Jf'!g at a · · · - She said she believes the 1,000 ment analysis of its constitu· tracts, 80-160 acres. R' · · · . there was an open trail, and probates, issuance of fee ·

tver. · be. caus_e 1.t has be· e·n·_ clo"e.d the t t . h 1. . or more traCts of questionably .. tionality. The House Commit- · The state is extremely·an_x· H I 'd th t th 1 ·· ~ pa en s w1t out app JCatJon . . e a so sa1_ . a ey.p an transferred ·tand the in· tee on. Interior and Insular Af· ious to clear title to land that it

· 1 d k t ··. d · area is lOsing· man_y touriSts and eight other kinds of _im- . . o o a mar e survey to eter: vestigators discovered prob· · -fairs will not even consider the and priva_ te non-Indian proper- · · 'f · - · 1 · ' and tourism dollars: and "a lot proper title transfers or prac-·-mme •. area recreat!ona enter· · · ably amount to about 100,00_ 0 · bill until the full Senate has ty owners_ possess. _Of .the ap·._ . . d . . ofmotel owners are not happy" tices that led to improper .

· pnses are •"tereste m paying about the situation. She added · transfers.. . acres. ·acted,. according to congres:. proximately 100,000 acres in a set ·monthly. fee. to have The legislation would pro· sional sources. question, acco.rding to.

I d · · · that a.lot of =people planned The reservation was .materia a vertlsing their ser- vide ~ 10.4 million to compenc Seils. John. Melcher of Schoessler, the state and'COUJ:l· vices at the ·center. He will [be · t.-ips ··and then found they established in 1867 by a treaty · sate Indians shown by Montana and Que~tin Burdick ty control ar.ound 25,000. The·· working·. with Ruth Goetz, . couldn't go any further on the between the U.S. government I . I d' b f N th D k t h t d ·largest· po.rt•'on, ab· out -68,500 .. 'I Th 'd h . . ld . and Minnesota Oiibwa_ y (Chip· genea ogJca stu Jes to e o or a o a, w o vo e

. tourism specialist with . the : tra• · ey sa• t ey wou not J - heirs to· improperly taken pro- against the bill in committee, .· ac:res, is held by private, most~ . Wisconsin Division of Tourism, come back to this area. . pewa), and encompassed d d' d th · b ., I d' d · d

837,000 ·acres in what are now perty an , accor mg. to the argue at 1t may e un· · · y non· n Jan·· in ivi uals, Ashland· office, in the market Committee member Mahnomen. Becker and Clear- Sena.te version passed by com· constih:.tional. Indian op·, although· much ·of that may survey. . · . · · • · Robert Holmes said he was water CQunties. By i 909• 80 mittee on November 7, would ponents have asserted all along: have passed t~rough state and

They will also continue to disappointed and "felt let down give the White Earth Chippewa that the bill represents an· ex· county hands at one time .. . · · . percent of the reservation had l_ook for- possible funding by the ti-ibe" because of this Tribe a $6.6 million economic tinquishing of individuals' right The Twin Cities press · . . . . passed .. to pri_vate hands, ..- ..-sources for the center.. ... -

1 :situation. development grant. Com· to-their own property witnout occasionally has portrayed the

- · . however, and in the 1980s only Committee members. Sue Robert Bender, chairman plementary state legislation due process. dispute as being between In" abput 6 percent is Indian con· ·

Mirwald, executive director o~ 1 · ohhe Bad River Tribe, said the trolled. passed last year in Minnesota "If they stole something,. dians on one-hand,. and white the Ashland Area Chamber oL matter has been under st_udy, would transfer 10,000 acres of giv·e it back," said Ni.ck farmers and resort owners who·

- The proposed legislation · .Commerce, Maria Dashner, ex· I . and he received a letter dated . . what is now state and coun_ ty Boswell, leader of the Min· can't mortgage or sell their

· purports to settle White Earth 1' _ecutive director of the Hudey December 13 from the land back to the tribe. neapolis/St. Paul Coalition of property due to "at risk ... titles .. ·-

' Reservation land claims by pro- · · · · Area Chamber ~f Commerce,, superintendent of the Bureau The federal legislation. if Chippewa Heirs. on the other. But Indians who .and_ Cath-y Techtmann·, .Iron ·· f I d' Aff · · Lak viding compensation to d ld d "R t th I d · t. ·k · h S h ·· · II o n 1an a1rs, great· es rightful indian heirs for land passe , cou set a prece ent e ~rn e an to pnva e. spo e w1t _ tatewatc m a . County· Extension Resource . Agency, Ashland. for attempting to solve Indian owners," he said, .cases expressed sympathy for

. tak~n or sold illegally, while · agent, agreed "w~ have to _· · . ·Bender had spoken . to , .· disputes between the federal "We've been saying all along ·white property owners who • . clearing the present' owners'

. think of ourselves as an area," Carole· Kraft, tealty specialist titles. and state governments and in· that the land, which· is ours, is purchased land in good faith. and work ·cooperativt::IY in pro· . with the agency, asking ·for a . But opponents, including · dividual · Indian claimants to not for sale." Some have suggested that the· meting tourism. . . copy ·of the Field Solicitor·~ ·. the White Earth Reservation hind in other states. No one Although the White Earth . two groups shotild jointly press

"As to a.;ty adjacent parcei Opinion dated November. 26, · Tribal Council and two Twin claims that rightful Indian heirs · Chippewa Band itself is·not a. their grievances against· the which is sti_ll in ·trust· or 1985 regarding the Abandoned -.·Cities groups that rep(esent' or· allottees are primary . claimant . to disputed . hmd state and federal governments. restricted status, the agency Raiiroad through the Bad River I White Earth Chippewa heirs . 'beneficiaries of the White covered by the biiUdaimants At' best the bill' represents should notify any. such Reser'!ation. . . and land claimants, call the bill ·~arth bill, however, and no are individual heirs to land - ·ir:~adequate redress for historic. organization attempting to !oc· The superintendent wrote, · unfair. Even the Bureau of In- organization representing heirs formerly owned by individual· ~nci continuing jnjustices· com-. cupy the strip of land that any "Pit~ase note the last paragraph dian Affairs (BIA) Minneapolis supports it. . Indians), all p~rties agree that mitted against · Indians •. The use .or. attempt -to al_ter or lim· · which was quoted to you: Area Office has registered its The bill provides that heirs - the tribe should receive some · state and counties, which con-

. prove that strip will be c;on· "What is clear, however, is opposition. to· disputed properties would · economic benefit from any trot about 160,600 acres. on the: . · sidered in tr~spass." _- that th·e railroad COfT!pany re· 1 •• "They're sweeping a be paid for land according to eventual agreement. But both reservation, are offering to

The superintendent at• 'tained no interest in the land tremendous controversy un~er value at the time of the the White Earth Reservation ·return only 10,000 to· the tribe ... · · tached a . map·_ showing ,tlie and cannot convey anything to -.. the congressional carpet," said wrongful transfer plus 5 per· Tribal Council and the Min· There are other outstanding

_Railroad Easement, writing, "It_ -the county, a local township or Vernon Bellecourt, well-known_ :.cent annual interest. The task nesota Chippewa Tribal Ex- land disputes on- the reserva·. will be necessary for us to ex- a snowmobile: dub,· nor ca.n Indian activist and member of of identifying and fin4ing the ecutive Committee passed tion which the bill does not at· .amine the descriptions-in all of such local body claim rights Anlshinabe Akeeng, one of the heirs, many of whom are likely unanimous resolutions oppos· tempt to cover. the initial grant docul'"(lents to through adverse _possession, groups representing heirs and now scattered across the coun~ ing the -bill introduced . by The $17 million to be paid,· .. determine_ the tribal and

1

allot· . a~andonment or in any other ·• claimants to White Ear-th land. try; would fall to the Interior : Boschwitz, · Duren berger and Indians by the federal govern: . . tee ownership." _. · : · .. · · manner. · _ ·. . _ _ : Bellecourt and other Department' and could. take ·Stangeland: - ment is "the· maximum the _1

:**************"r******'lr*******·*:******.**·, Anfshinabe Akeeng (The Peo· years.· . "Tt)e tribal council resolu- fed's will pass," according to· · . ~~--·: __ t/J:·

1 · .__ ._ .. . p~e·s Land). act. ivists have lob· The BIA Minneapolis area tion stands firm. I totally op· Schoessler; referring to the Of·. · . -' e·r b1ed agamst the bill in · office initially opposed the bill pose the (proposed) legisla- fice of Management and' .

1

• · . : _ 1 . Washington and have met with . because· it offers inadequate tion," Jerry Rawley said. He Budget and t!le Reagan ad-. . . · - , top Minnesota officials to ex·· compensation to individual In- said that Indians have been ministratio_n. "There's just a

1 ,.. • T · e I press their dissatisfaction. dian heirs and allottees. The ~onsulted by politicians during limited amount that's practical. • . t e ria I Mem-bers of the res. ervation's . legislation would . primarily the legislatjve process, but that to do.~· he said. . . ; tribal council ·and the· Min· benefit current, mostly non- their recommendations. have

1 Dec_embe!_'s v'C>~es_· will ..

- , neapolis/St. Paul Coalition . of · Indian land-owners, whose been ignored. determine the near . future in ·I The · briefs,· Tierney ex- I Chippewa heirs also spoke· in· titles would be -cleared. Se~· The bill will_ likely pass this matter: the bill wiil pass · ' After the· Trial ' I •• plains, cite the testimony given opposition during Senate and cond, it would benefitthe tribe, . "despite the objections of the over the essentially unanimous .

The co~·rtr~omtrial.on the · and documents presented dur- __ ·House committee hearings. . which is only indirectly a party Indians," said Boschwitz staff . opposition· -of- Indians cori- .. -scope of treaty rights ~nder the . · ing the trial_ and.draw legal con~ The bill was introduced .by to the dispute, according to member Dan Meyer. He called cerned, ~r fail fOr a fotirtti time. '.Voigt declsionis over, but the·. dusions based' on application· Sens. Rudy- Boschwitz and Nancy Cobe, a rights protec- the bill"generous." : :. . to· rnuster the C:ongressional . I work. is far from done. Now. of the evidence to the law .. DavidDurenbergerandbyRep. tion speCialist at the Min· . "If they litigate this out," support necessary..;.for an.im-·:

. ·: post.triaf'. briefs. must:. be· . Es~entially, she says,, three. Arlan Stangeland. It also is neapolis•offlce. _ said Meyer, "the (treat propor- posed solution .. • I prepared · and ·.'slJJ?rrii.ited '. to . documents must be prepared · _ . . _. _ · ._.. . . · _ _ • Federal District.· J~dge _ Jai'riefl. · -the·. b~lef, the "findings. of_, ; 'CCCCCCCCCCCCCCCCCCCCCCCCCCCCC:.CCCC::CCCCCCC:CCCC" _.·

. Doyle, who: heard· th¢ C!'se,_in fact," and the "conclusion .of·_ · .· · . . · _ . ·. . . ·- _ · · · . . · · ~ _.· · .. · .... - .· _ .. · _ . . . , ,·Madison last December;: · : • ·. ··taw,;,.· · . · .· · · · _ .. · · · · ' · · · · ·. · · · ._· . · · . . · · . ·

According to. the · .. tribe~· · Once the briefs have been' .! ·. · 1 · . , ·_

I lead attorney, Kathryn Tierney •. ·. submitted, each side is allowed . I

following the SUbmJssJ~n Of the . twenty .additional·_ dayS .. tO ·:re• I,

I,

briefs, argument may als,o ,be. ,spond· to the coFl'cluslc>ns .·or . requested .by ·the JudQt:· .So, statements In the briefs of the much remains to be done.. .· other _party, .From there, the. '·

',I

Transcripts of. th.e co~rt · Jud~e -may request further . preceedlngs will be mailed out .. ~rgume-:'t. . \ ' • both to the tribes and .the state.·· · ~nd .. from:.·. ther;e,

of Wisconsin. forty ·days af~er · ~!!\ler.y~ody .. waits for_· the they- havti been (na.lh~d. briefs : ,}IJ.dge s ·de_clsl~n .. tierney wa~. . _

. from bot~: partles'.to.-the case' :un_surE7 as_to ~hen a decision' ; must ·be submitted· to Judg~ · - may · be fo~thcomlng from _

.. ~~~:-. : ,;;/:",+: ;,,~; .:!~-:;,ji'f~f,t·0~:! . " .. : · .. ·. ··~ ~ L' :, , . ~-, ' . 1

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'85··De.er ··Hunt .. ,

(continued from page 1) 'I

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·Jn the beginning . 01 , .

November, after the end of the Violations/ AcCidents tribal road•hunting season, but , There are two other before the state's deer. gun . aspects . of the season which

. season the DNR released their need review; violations ·. and . ~interpretation of SB 88. They hunter accidents · · · · · ·· said that the bill did not apply A quick survey «?ftrlbal at· : to logging roads, fire breaks or . torneys arid tdbal courts • ahy -road not on the offical showed that the common viola·

.. county. map. Tribal members. .. lion . cited during the 'deer. had been told that these roac!s · season was a private land viola­were included· iri SB 88 and tion. That is, tribal members that road' hunting. these areas hunting on private land when

. was prohibited .. These roads 9ff· reservation hunting rights should n·ot. have been closed to only applied for this year ·to tribal road hunting and if they· public lands. For the most part

. had been closed. the tribal . tribal members are 'not. to harvest may · haye . been still blame for this. It is extremely larger. · - . 1 : difficult to determine the land·

ownership of any particular Complicate(JPermit tract of land evtm when in the

-System · possession of a Plat . Book. Anterl~ss p~rniits, valid Something must be done to in·

for 2 weeks, were required for sure that tribal members who tribal nunters wishing to hunt are making a sincere effort to

. ·. anterless deer. The major. dif- ·• · hunt legally can do so. Resolu· ference between this regula- tion of this problem ·is one of lion in 1984 and 1985 was that the goals ofthe wildlife section

• I in 1985 per.mits could . be of the Commissi~n. There were issued based ori ·the 1984 other types of violations ,ci\ed hunter- success rate rather than . into court but the private land . 1 . pern:tlt for eacn quota deer. ' problem. was by far the .most .

· ··This increased markedly the frequent. number of anterress deer per·.. To my .knowledge, there mits available for each unit. , were no tribal members injured This expansion of the permit· or involved in an accident · system allowed for many more while hunting off-reservation in hunters in the field and 1985. This, I feel, is a great

· resulted in a larger harvest. · tribute to tribal hunters who However, . the pe_rmit . have consistently conducted

. system .· was .unduly com-~· themselves hi a responsible plica.te~ for tribal registration· . and safe manner while deer stations. The tribes were ·ad· hunting. ministering thousands of ·

) ..•

·QLlFWC Warden Featured

Game Warden Assigned to Local Ceded TerrJtory

· from the Reporter, Iron River, Ml, Jan. 11, 1986J IRON RIVER-"My maingoal is to protect the natural ·resources. There are laws to protect those· .natural

· resources. People who don't · have a regard fotthose laws are violators," said Clayton D. Hascall. ·

gram, the implementation of interim off-reservation enforce- . ment programs and a liaison program between tribal, state and federal judicial ·enforce­ment systems.

A third program is public information, in which the GUFWC acts as an instrument to promote public understan­ding of treaty fishing, hunting and gathering rights as well as of the activities and acepted

"There is no typical responsibilities of the tribes. violator. Their age is from· Big Responsiblllty juvFnile to60. A'violator takes Hascall, 42, has a big the game of chance. He does . responsibility in carrying out not think of depleting the area his duties on 9,740 square of its resources. like deer. He is miles in western upper

.· \ ;·

·_.1 ..

..

· Clayton Hasc\111 · .. 1

1.··.

glad to get back to my country with trees," he said. ·In his efforts to apprehend

· .. violators, H~scall said, hi spend · Duties . a lot of time waiting. .Our .

Hascall, 6·3, 210 pounds average is with every 1,5stops, and eXtremely articualte, ex- there is one violation.· In. my plained some of his duties. as a· .last 200-stops, there· were ·15 · game warden under the violations. The game.is trying GLIFWC enforcementd · pro- to outguess the violator.'' ·. gram. Interestingly, he said;

"I . ·have to • carry b.an9 most game law violations oc~ resolutions-and regulation&. rfl· cur at night; while most fish see and make an assessment violations happen· during . the right there . in the field that · day. · .

· there has. been a fish or gam~ Besides working out of a law violation, citations ·will pickup truck ("in which right follow,'' he said. He recently . now l have to carry a floating. made 15 arests in the bookcase interpreting . Watersmeet area. treaties," he said), Hascall has

"We ·do control. We have a boat, snowmobile and three- · depriving all of an equal Michigan and northeastern chance 0 f taking : that Wisconsin. I . . our own prosecutors. Those ar· resource."'

1 Logisticaly, he is a warden rested go to their own court

wheeler and carries a·handgu'n: . to.facilitate his work .. ·. ··

Hascall speaks· with attachedtotheMoleLaketribe· systems," s<iid Hascall. When a~:~thority and conviction. Be· with its reservation south of necessary, "We share 'our ing somewhat of a trailblazer Crandon, Wis. WhEm the police arrest reports with other on enforcing fish and game GLIFWC enforcement staff was courts." laws, his position is unique. He, hired in September 1984, All commission wardens· himself, is an Iridian enforcing Hascall located Three Lakes, are equippedwith powerful low .

. fish, game and gathering laws w· and high band radios for com.

As far as t.reating game · and fish ·laws on private lancis, · Hascall said, '·'We hitve the · authority for a John Doe war· rant within our enforcement . powers, and it haspaid oft" : ·

I , IS. ,

·on ndians in ceded territory In November 1985, he and munication with all sheriffs Down the Une under provision of 19th cen- his family relocated in Gaastra. departments and state police Enforcing a multiple set of tury treaties between the tribes 'There's more Indian activity . agenc.ies."We can get a .lot of standards stemming from. trea~ and the U.S. government. (working) out of Gaasta, .. he officers to problem areas in a ty and state game and fist11aws

Hascall, who likes to call · said. · hurry to strengthen our posi- · d d · · b himself. a. game warden rather Hascall's work "'rea.· (Area .. tn ce e tern tones may not e a · tion, he said. the most efficient system of .··biweekly permits valid for over

50 units. I might addthat they· did an admirable job in:such a Herculean task. .Many of the units . received little hunter . pressure and there is little need

than an enforcement officer, is. 70) consists of about half of Unlike state DNR censer· protecting _ the. natural ·. employed by the Great Lakes Gogebic County,. all of. Iron vation officers, who are resources.

Indian Fish & Wildlife Commis- . County and parts of Dickinson, restricted to 40 hours a week "I think down the line you sian (GLIFWC) of Odanah, Wis. Marquette, Delta and and must work with a partner will see an ·incorporation· of The commission was estab· Menomt'nee count.t'es .,·n during darkness, Hasca.H s.ai.d,

. tot sue~ stringent accounting measUJ:es. · ·· . The p(elimiryary results of .

the season can be seen in the . table below. Registration forms

laws," Hascall said. "From my . · lished by the federal govern- . Michigan along with Florence, . "We work alone. Day and standpoint as an enforcement ment. Forest and parts ·of Vilas, night...Some weeks I work 70 .officer, I would like one c~de. I

The GLIFWC is comprised Langlade and Oneida counties to 80 hours, and it's justified. would like · to. be cross-of 11 Chippewa (Ojibwa) tripes . in Wisconsin. They (the .commission) want deputized with either .enfo~ce-

. around Lake Superior and Background 110 per<:e. nt out of-every officer t · · d k . . men agenc1es, an . we wor · · are sti.ll being prdcessed so

.. l final harvest figures were not ·available at pre.ss time. •

northern Wisconisn. The tribes _Has· call 1-s nl 0 slou· c·h. when out there, and .I give t't to · under a .uniform code .. ,The · · include Grand Portage; Fond it comes to law enforcement. them." . hardestpart is the treaties. 6ut

. du Lac ana Mille Lacs in Min- For 11 years he served in the "Also, a part of my work is right now we can't .mix state . nesota; Red Cliff,· Bad River, U.S. Navy in security police at being.a liaison officer between and tribal. laws: . We let. ·the·.

!

. Registration Station · .·Bad River· · Lac Courte Oreill~s .· Lac du Flambeau ' Mole Lclke Red Cliff

' · St. Croix I

Total

(.

Antlered Anterless -g7 33

! • 97.· 242 '131 433

. ,i 47 ·155 . ·23 59

78 66

398 988.

Total 55

'339 564 202

82 144

1386 I

.:

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Lac Courte Oreilles, Mole a Naval Air Station in the state and tribal system. We . courts decide. that. . Lake, St. Croix and Lac du · Calt'fornt·a. ·' t.ry to promote a better rela-. · · · Now, as to the nature of In· Flambeau in Wisconsin imd Born in Sault Ste. Marie· as tionship between the tribes and tdians and non-Indians, ·~There ·. Keweenaw Bay and Bay Mills in ·a Chippewa Indian in the Sault the public," said Hascal. is not much difference between. Michigan. Ste. Marie band, he returned to Violations · them on incidents of violation.

.Hascall noted the purpose h. u p · · t e .. ·in 1973. after com- , Obviously, his respon- I expect to ·find violations (in ' of the commission is: · · pleting his stint in the military sibility is to arrest. game and both races), but I wil ·.say lhe

-Protection of' treaty· . and working for two years in fish law. violators. "I have not code is more liberal with ln-. guaranteed rights to fish, hunt · · ~an Diego. . . . found any more than exp· ected. . dians,". he .said. and gath.er in the ceded ter· · Situating in Baraga, Onaratio,therearemorenon· Sincehe'sbeenonthejob ritory. 1 Hasca I was a member. of the Indians out there. I can detain a with GLIFWC, he has received ·

-Protection . of· treaty · · · Keweenaw Bay tribal ·police non-Indian. take information outstanding support from · fi~hing rights on the· Great · Lakes. . program. In 1974, he further and turn that informatiQn over tribal prosecutors anci judges.

enhanced his law enforcement · to the state (DNR or State "My job is to find the vio.la~ors: · ·. -Protection of the · career by attending a Bureau of Police). ·If it is serious, 1 will and bring them to court. Then. ·

. 1 resources through · effective d · · In ian Affaris (BIA) Indian hold a non-Indian until I call in.· it's up to the court-my job is. ·i . .-.. I management and self· police academy in Brigham, the DNR," said Hascall. done."; . reg.ulation. · · Utah. ·He and other tribal . When not- in' full ttrliform

The GLiFWC has a th.ree- · · · He attained the position of wardens will check Indians and patrolling hi.s work area on ·. · ·pronged program of services .. It 1 f · · sergeant po ice o ficerwith the non-Indians when inv_estigating both . sides of. the border •. has a Biological Services staff, K · B · · eweenaw ay tribe and· was possible game and fish . law Hascall finds Ume. to hunt, (ish consisting of six biologists.· 1 cross~deputized with the violation areas. "We.~ don't . and trap. He is an accomplish-working in the areas of the B c · · arage ounty ·Sheriff's know whe_ n we go.up to a per~· ed auto mechanic, .locksmith, Great Lakes fisheries, inland · · · · · · 'Department before leaving to a. son if he is an Indian or not. So and does· small_ engine repair. fisheries, wildlife and · en- · private construction job in Bill- · we check them· all," he said. Soon, he would like to become viro.nmental habitat. They ings, ~ontana, in the late · Violators, . he continued,. a member of the ·Gaastra ·

------:-.,.--:-----~-------~-....:....---- work in cooperation with state 1 · · 970s. . tend to be more active during · Volunteer Fire Department. - _ _,.... ______ ...;__;._ __ .....;__...:,._.;_ ___ _.:......__ ·and federal ag· encies. • 1 · ·

. 'n September 1984, they an economic crunch.· "He's He and his wife Dc;~rothy. · A second.program is Fish · ·called me and asked if I was in- usually within a tank of gas of· ("Call me Dottie,'' she said) & Wildlife Enforcement, the terested in the GLIFWC en· home. He will be in his back ·. have five chitdreri from ag~s 14 one Hascall is attached to.

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forcement. I accepted. That's· yard within 15-20 miles. He is to 27, and six grandchildren . These include the coordination when we went to ihree Lakes more comfortable in his own Stanley, 21, and DEmnise, 14,

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· of an · inter-tribal court pro· and now here in Gaastra .. .I'm· area.'' , . are at home. · . (.

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t**********************************************~***************~~***1l*"!*****-: i Published by Great· Lakes Indian· · · · · · · .· .·.: · : Fish and Wildlife Commission· I · :

* * * * $FOR FREE. SUBSCRIPTIONS i * ~ .·: WR·ITE· OR CALL: .. · ·. ·: * * : · GREAT LAKES INDIAN, FISH, &.WILDLifE COMMISSION 1

·•· ·:·· r-----------.-.......w----"--....----- l P.O. Box 9 • Odanah, Wl54861 • 715/682·6619 .· · . : * . ..· ·. . . . . . ... . .· · .. · . .. . 'I• ' . * lf . MASINAIOMt, Is (usually) a monthly publication· of the public lnbrmatlon ofice of Great Lakes Indian, Fish, &. • · · · lf lf Wildlife Commission, P.O. Box 9, Odanah, WI 54861. · ' · · .· · . : · . .. . · : . . · . · · · · lf · ·

t· ·i . AC:Im.~wledgement . . . .

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In the November l~sue · of MaslnalgaJJ, several!' ' . poems \Vere run In the! grand Portage Supplement: without acknowledgement of .the author, James

• HuUr who._,_..,., . u qqt;ettw,P.Oems In .. a: bo~k entttled RED S)iA~WS JH THE 'MIST. . '

· lf 1 nie name Is an OJibwa word for paper. Some of the elders referred to tile treaties os gltchl·maslnalgan, c;r big paper. . · lf lf ·AS such, MASINAIOAI'I focuses on treaty rights Issues of the Chippewa around tlie Great Lakes. · lf

·: · . Subscriptions are free- on ·request. If you have questions. o,..commcnts, write the above address or call. r· ·: • 1, . : • •

lf . 715/682-6619,. ·. . '· ••. ·· •; . .· , I ' ·.. .· ··. . . . . • . . .. · . ·: .· • .· · . •, lf ': lf . . I . · . . . . I lf· * Co-Edltors/Wrlters .. .. , •• · ••• ; ~ • , ... : •• ~ •• >· 1

•• ; ..... ; ..... ' • : • : ....... Walt Bresette;' Sue' Erf~ * lf Typist •• ,., .••• ~, ••• •• , ••• , • ! ••.••.• · ,'. ·• •., -~ ~·!. •·.· •· •.••. ~ • • • ·; •.•.• •• • •.•1

• • • • • • ·.·: • •• •LI#,all ·spreutels . .,._.

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Commercial Fishing

Commercial Fishing . With the reservation _land

sloping directly down to the rocky shores of Lake Superior, it· Is no wonder that Red Cliff tribal members have long been involved in commercic.il fishing. This remainS a rhajor reservation enterprise today,

Red Cliff has eleven Hcehsed big boat fishermen and 19 small boat operators~

whO- ply Lake Superior· waters largely for the lake trout and whitefish catch.

Following the 1972 Gur· noe vs. Wisconsin decision' which upheld the Tribe's treaty fishing rights, the Red Cliff Band of Chippewa have 'been negotiating commercial

fishing agreeme·nts with the state of Wisconsin, deCiding on quotas for· ~rib_2l_lish~rmen.

Also. last year licensed big boats from Red Cliff ventured over to the western waters of Lake SuPerior to fish near the Keewenaw Bay Reservation -in Michigan. Red Cliff, Bad River, arid Keweenaw Bay reached an a9reement which altowed a quota to fishermen from each of the Tribes.

Tribal commercial fishermen fish year around. Wher\ the lake freezes over dur· ing the long, cold winters, many of them set nets beneath the ice in order to continue the harvest.

The Red Cliff Marina harbors sail & power boat~.

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-Fi.shing Comme~cially continues- th~ough_-the year.

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~ Don Thomas, Red Cliff Fishery Department technician, takes stomach samples from the lake trout catch as part of the department's lake trout study.

Marketing Efficient marketing of the

catch has always been an area "of inte~est to the Tribe. Cur­rently. Red Cliff is in the pro­cess of establishing their oWn marketing capabilities. Throug~ .an ANA (Administra­tion for Native Americans) grant, the Tribe will be equipp· ing a small building on the reservation with coolers and freezers fOr storage of the fish. They also have a truck for transporting fish and will be Improving a dock which lies directly below the marketing building to make easy access from boat to the facility. Resur· facing of the dock is planned to take place this spring.

With the ability to hold and stare fish, the Tribe will be more aggressively pursuing buyers, such as restaurants in the Minneapolis-St. Paul area to provide a more_ stea<fy market for -the fish.·

Red Cliff Fisheries Department

The Red Cliff Fisheries Department has been assisting the Tribe in the development of marketing·capabiliti"es, but has also been in·1olved in long­term studies of the area's fish population. Because of market importance, l31ke trout 81nd whitefish have been their primary focus of attention. ·

Staffed wltti biologist Chuck BrOnte-as head of the department, two technicians, Mike Gurnoe and Ken Charette, and. secretary Michelle Beauchamp, the department collects data on the fish, monitors the commer-­cial catch, and provideS recom· mendations to the Tribal Council.

Among the department's s'everal projects is an annual evaluation of the Devil's Island refuge, which was dosed off to fishing in t"982 in order to pro­vide stocked fish an oppOrtun-ity to grow and develop ·a spawning area. The tribe monitors the area through an

area for lake trr:ut, according to Bronte. so it is hoped that the stocked fish will re­establish it as a spawning grounds :or themselves.

Every year the fishery 'also performs a spawning assess­ment on lake trout. looking for the number of native -fish vs, planted fish. In 1985 they also began a spawning assessment on whitefish.

A lake trout diet survey- is another on-going study at the Red Cliff Fishery. They are looking for lake trout's diet preference and relating it to growth and condition. of the trout. Bronte says one year of data has been collected, however, they will need another full year of samples before analyzing and drawing conclusions .from the_ data base.

Although the new facility is pri'marily a holding -fad\ity far the wholesale market of the · cotch, it will also serve as a retail outlet. . annual ·mesh _assessment

checking for. size and abun­dance of trout in the area. Devi\'s Island has historically been a productive spawning

. On the fishery depart: ment's "wish liSt" is a state-of­the-art computer-optical system which would help age fish in a more accur_ate fashiOn. The computer uses a com­-pound microscope and video capacities to store and.analvize information. Bmnte says it is able to g~nerate age composi· "tion data from sCale samples. That's lOoking. ahead ... 1

For the use of the commercial fishermen bringing fish to· th~ sto h . will be remodeled- this summCr. · · rc ouse <Jbove, th1s dock

Meeting JVew Challenges . . . ·.,

Education Red Cliff has been in- - he says. that the idea was to in-

volved in the development Of a tervene at ·an early age. Cqnse-new and innovative curriculum quentl_y, the- program ad-

- which targets indian children dre.sses itself to children in and the Problems of -alcohol grades 4-6. · and drug 6buse. A full-workshop presented

The curriculum. which is the curriculum ·to thirty-six unique ';n the Slate and among parents an"d teachers who will the few in the nation. is the . be in~oh•ed with the program result of the efforts of Ron in five schools, including

- DePerry, Red Cliffs Direct?T of. Bayfield, Lac Courte preilles, Alcohol and Drug Education Lac du Flambeau, Heart of the Curriculum Development Pro- Earth in Minneapolis, and Nett ject,andEvaOlson,Whoiscur- Lake, Minnesota. This rently pursuing her PhD in represents the pilot stage Of

· education administration. the project. Last year was Red Cliff received a grant devoted to curriculum develop·

from the Indian Education Act. ment. Title IV. and a little over a year The curriculum has three ago began developing the _major objectives, according to "'We\lness Curriculum." which DePerry: 1) alcohol and drug is designed for grades 4:6- information,_2) peer and family

DePerry. who has wOrked relations, 3) self-awareness. with alcchol and- drug abuSe The activities are geared to ad­problems in local schOols for a dress these objectives, with the period of six years. s81id that it 4th grade having more em-

b m Pp 'e t t h. th t phasis on se\f.awareness and

eca e a a n o 1m a materials were needed which family and the sixth grade

We'e N'l·,ve Amec,·can s ect·f· receiving more direct informa-p lC. tion-on drugs and alcohol.

The curriculum w_hich. W81S developed, he says, relies The ultimate aim is to give

h V'.l on the

1 m·l 1 k" the children a' sufficient sense ea y a 1 y, oo mg

to the strengths of the Indian of self-respect. confidence and family, as well as their culture awareness to make them able and history, to say no to the temptations of

Then ·ed 1 , a pee·

1 p drug uSe, which most assuredly

e o s 1a ro- wili arise. gram was apparent from the 'esults Of a S

••e d . Pre-testing of the students -u,. y one m

.1982 whei"e 143 students, who to be involved with the cur­were Red Cliff Band members riculum has been completed, . according to Olson and m grades 7-12, were .surveyed

I DePerry, and the schools are

uti izing the Stanford Universi· begining to start the series ty Drug Evaluation Questin· naire. curently.

OnCe the curriculum has DePerry says the results . been completed, a post-test

mdicated about 45 percent" We

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will be . given the students·. , en regu ar a co o users

and 60 percent intended to use which will be followed by alcohol in the next ve~r. another post-test in six weeks,

to help evaluate the strength of It also he<::?o_me appar!;'!nl:_ , the course_.

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Leo Cliff v;;,,~:c'i:';i'~::;';:n ceremony, The Chippewa culture remains rich\~ alive in Red Cliff.

Nuclear Waste' Commitee

With the potential of. a possible second site nuclear­waste repository being located near Red Cliff or affecting the ceded territories, Red Cliff has responded by forming a Red Cliff Nuclear Waste Commit· tee. The Committee is chaired by Tribal Vice-Chairman Leo Lafernier and is responsible for keeping abreast of the Department of Energy's (DOE) activities on the second site project.

Because Red Cliff, along with seven oth.er __ Wi§t;QMin tribes, have reCeived $30,000 -­from the DOE to comment on the DOE's Draft Area Recom· mendation Report (DARR), La Fernier is also acting as a tribal coordinator for this project.

Red Cliff wiil be working with the Gieat Lakes Inter­Tribal Council (GUTC) and several other tribes in studying the DARR. La Fernier says that

--GUTC will be contraCting with Warzene Engineering . /'<\adison, to provide hydroulogist and geologic reports for the tribes.

La Fernier's role will be to -coordinate inforniational forums, seminars. and· make sure information flaws smoothly to and from the various agencies involved.

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A singles' apartment answers specialized housing needs. Bingo at Red C\1~-fun for all ages! _

Mike livingston, Red Cliff Chief of Police

Enforcement The Red Cliff Police

Oepartment··has been part, of a pilot project wi\h the Bayfield County Sheriff's Department sfnce 1983. The project ;n.

· valves . cr_oss-depurization of tribal enforcement officers with the county. making th!;'!m __ . special deputies. who enforce state. county and tribal laws bOth on and off-reservation.

Cliff and helping -the tribe finance it's enforcemerif department. Red C:Jl_ff ~fficers respond to countY calls for assistance which may be on or .near the reservation, and sometimes in other parts of the county, should their assistance be needed.

. One of the ru~tic \:'lf>IHCS of Red Cliffs ru;w housing develop· mcnt.

La Fernier has attended numerous-meetings around the country in regard to the seco~d siting and the problems entail· ed in nuclear waste disposal. He is vice-chaiFman. also. of the nuclear waste c_ommittee cif the National Associatiol} of American Indians. an organi7.a· tion which has become very In·

volved in the nuke waste dispoSal problems and the·· possible effects they may have on tribes :n the future.

The. projict has worked well. satisfying both the need 'of the 'county for enforcement personnel _in the area of .Red

The departrhent employs Chief Michael Livingston, _and officers Mike Deragon _and Susan White c;>n a ·full;time basis. as well as Eugene Defoe as part·time.

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··BiQgo Bowlfng \

Red Cliff malntatns_a modern and spacious bingo hall with · blnQo games thre·e tlme'SS week.

' · Bingo and Bowling currently managed by Gerald

DeP.erry.-The Red Cliff Bingo Hail and Bowling Lanes is a large new complex bn the reserva· tion, housing a spacioUs bingo hall. a welt-equipped bowling alley, and a large, beautiful bar: and lounge which -features live music every weekerid.

The cOmpl_ex has prove'd a real asset to-the tribe, offering a wide-range of activitieS to the entire community as well as tribal members and a viable means for the tribe to- develop economically. \

Bingo, always an attrac· tion, is run Thursday evenfng; gat'urday e"vening and Sunday afternoon, Bingo Manager Lauri Guth says the games draw people f(om Ashland, Odanah, Washburn, Bayfield and from the north shOre com· niunities of Herbster and Cor·, nucopla. Also,. he says, a bus arrives'most every Week from Eau Claire with people anxious to participate -in the games.

Jackpots for .the bingo b.ui!d-up, over the time. However, this month a lucky winner walked away with a $10,800 jackpot winnings ·so the -lure and chance for: good -fortune is aefinitely avciilable.

Concessions are run by various tribal organizations, featuring homemade food and treats : such as Indian fry bread, cakes, and sandwiches. This rotating of the concession allows groups like ··ne. POw Wow Committee or the elderly to benefit from the proceeds'of their sales.

_ Prqc_e_e·d~ from -the bingo business go back to the management of the" tribe and its operations, such as exten· dirig the ·facilities; parking lot and paying for the buildings' fuel. -

Bo.Wiifig The· bowling alley and the

bar/lounge have been a· suc­cess since they opened about two years ago. They are both

The Lanes fe-atu!-eS.!ecigUE! bowling Monday through fri· day and SJ.Jnday. Saturday night bowling is kept for open bowling and Saturday after· noon is open to the youth.

The Red Cliff Lanes cooperate with tiowling groups from surrounding towns, such as Ashland and Washburn, in league bowling both for adults and junior leagues. In fact, this year t_ttey will be hosting the Che<juamegon Bowling Association's Tournament i'n February. ·

The La-nes also woi-k with the Bayfield High School by opening the lanes twice a week for the high school students who learn to bowl as part of their physical education re· quirementS,

Bar/Lounge-Minneapolis Brought North

Besides providing a spacious. relaxing atmosphere, compar<ible to a large metropolitan bar, Red Cliffs lounge features live entertain.­ment every Saturday night for itS clientele.

A lengthy' horseshoe bar extends most of the way· into the lounge with private taP!es on an elevated area in the back of the bar. large screen TV is available, as is a pool table. A short-order kitchen turns out hot sandwiches. pizza, fries and other munchies.

The lounge, too, is open for special events and will be hosting a community wide fund-raiser for the Ashland High School orchestra, an event which will draw many participants from at\ the surrounding towns.

AU in all, the nicely lit ·facility provideS an ·at­mosphere for _most everyone · yOu can dance. or just. sit and

. chat, or· retreat to one of the remote tables for some moments of privacy.

Red Cliff Lanes are a busy place, particular by with league bowling through the week. A bar/lounge is in the rear of the lanes. · ·

Art & Culture The Buffalo Art Center is

the pril'nary project of the Red Cliff Cultural Institute. The three year old non-profit educational group seeks to provide contemporary and traditional understanding of Red Cliff_ and the other Lake Superior Chippewa people.

The Buffalo Art Center is open to the public May through October with a full range of temporary and permanent ex· hibftions of the Lake Superior

' Chippewa. The Buffalo Art Center also offers tours. special classes and progra.ms and Indian arts and crafts sales.

"We have an exciting schedule this year." say B'uf­falo Art Center staff. ·Bob Bresette. a Red Cliff artist, will be teaching an intermediate art class March through May. David Genzsler. a regional sculptor. will be working at the Buffalo Art Center in April. Genzsler and area school children will build a "disposable" -sculpture on site. During the mo11th of June. Marvin and Diane Defoe will be demonstrating birchbard techniques as they build a canoe and baskets on site.

"We will have other artists· in·residence ~hrought the sum· mer as we construct a couple of new exhibits · Ojibwa Dance and the Drum and Contem·

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The Red Cliff Drum was pa'rt of the c~remonles·during one of many programs sponsored by the Red Cliff Cultural Institute at the Buffalo Art Center. The Art Center maintains displays of Indian art and culture during the spring-fall season and fre­quently hoSts special showings of art.ists from around the country.

.porary Lifestyles and the Ojib­wa Tradition," say Buffalo staf­fers. Also, June through August will see weekly slide shows and prOgramS.

.Five temporary exhibits including the Red Cliff Artists Show and the Ojibwa Festival· of the Arts, Portrait o( the

. Chippewa, The SaCred Circle of Life' and the Hal·\ of Elders are also planned for May through October.

"We want everyone .to go away •with a little better ui-1.-derstilndin.g of the ~ake

Superior Chippewa. If they buy sOIT'.ething in our gift sho_p. so much ,the better," say staff members. "We <:ne excited about-sales especially this year because we are hopeful that·a production cooperative will take Off and that .craftspeople and arttsls will fu.rther expand

, their ·markets thorugh the Bu'r­falo Art Center and this CoOperalivl.'-."

Buffalo Art Center staH ·carr be contac-ted at-

715-779-~·a% or 7 i 5- 779·3687 or write P.O. Box 51, Bayfield, WI 54814.