Earlier this week, the U.S. Supreme Court declined to review a decision by the U.S. Court of Appeals for the Sixth Circuit regarding Tribal fishing rights in Michigan.
More than 50 years ago, the United States successfully brought a suit to protect the off-reservation treaty fishing and hunting rights of the Tribal successors to the signatories of the 1836 Treaty of Washington. The Tribes with affected treaty rights were the Sault Ste. Marie Tribe of Chippewa Indians, the Bay Mills Indian Community, the Grand Traverse Band of Ottawa and Chippewa Indians, the Little River Band of Ottawa Indians, and the Little Traverse Bay Bands of Odawa Indians.
Via consent decrees in 1985 and 2000, the district court allocated the fishery in the 1836 Treaty among the five Tribes and the State of Michigan. Following several years of negotiations and litigation, the district court entered a new decree in 2023 to replace the 2000 decree.
The 2023 decree, like its predecessors, equitably allocates the fishery to protect the Tribes’ fishing rights under the 1836 Treaty of Washington and provides for cooperative management between the Tribes and the State. The Sixth Circuit affirmed the district court’s issuance of that decree.
More than 50 years ago, the United States successfully brought a suit to protect the off-reservation treaty fishing and hunting rights of the Tribal successors to the signatories of the 1836 Treaty of Washington. The Tribes with affected treaty rights were the Sault Ste. Marie Tribe of Chippewa Indians, the Bay Mills Indian Community, the Grand Traverse Band of Ottawa and Chippewa Indians, the Little River Band of Ottawa Indians, and the Little Traverse Bay Bands of Odawa Indians.
Via consent decrees in 1985 and 2000, the district court allocated the fishery in the 1836 Treaty among the five Tribes and the State of Michigan. Following several years of negotiations and litigation, the district court entered a new decree in 2023 to replace the 2000 decree.
The 2023 decree, like its predecessors, equitably allocates the fishery to protect the Tribes’ fishing rights under the 1836 Treaty of Washington and provides for cooperative management between the Tribes and the State. The Sixth Circuit affirmed the district court’s issuance of that decree.
