"Three decades ago many thought that the Great Lakes fisheries resources would be ruined by American Indian tribes exercising "treaty-fishing" rights. After the federal courts confirmed these treaty-reserved rights, the tribes demonstrated their primary concern is protection of the Great Lakes fisheries.

Ironically, these "treaty-fishing" rights now might prove crucial in protecting fisheries resources for all of Michigan's citizens against the Asian carp invasion.

It has been almost six years since the U.S. Fish and Wildlife Service estimated that "Asian carp could have a devastating effect on the Great Lakes ecosystem and a significant impact on the $7 billion fishery." During this time the Army Corps of Engineers failed to act promptly, in effect fiddling while Rome burned. To the extent the Army Corps is responsible for the impending disaster, the tribes may be better situated than the state to challenge the federal government.

In the scramble to stop Asian carp, the issue of American Indian "treaty-fishing" rights has not been considered at all. The 1836 Treaty tribes (the Bay Mills Indian Community, the Grand Traverse Band of Ottawa and Chippewa Indians, the Little River Band of Ottawa Indians, the Little Traverse Bay Bands of Odawa Indians and the Sault Ste Marie Tribe of Chippewa Indians) retain rights to fish for commercial and subsistence purposes in vast areas of lakes Michigan, Superior and Huron."

Get the Story:
Derek Bailey: Work together against Asian carp (The Traverse City Record-Eagle 2/21)