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April 25, 2001

Association's inland fish/hunt stance sound

By STEPHEN O. SCHULTZ
      On April 3, the Record-Eagle printed a claim by the Grand Traverse Band's attorney that a well-known sportfishing association had misstated the tribe's position on inland fishing rights. The attorney asked the Grand Traverse Area Sport Fishing Association to retract its statement. As the association's attorney, I have responded to the band's attorney and respond here so the public will know "the rest of the story."
      In the article, the tribe's attorney took a small part of one sentence by the association and distorted it beyond recognition. As to the tribe's objection, the statement it quoted only in part actually said: "The tribes contend that the 1936 treaty includes tribal fishing, hunting and gathering rights on all 'lands' included in the treaty and that they therefore have the right to fish and hunt without restriction or state regulation on all public or state owned lands, and on all lakes and streams within the treaty area."
      This statement is true. The federal government has said it will sue the state seeking a tribal right to inland fishing free from state law. The claim also includes hunting on public and some private land. This lawsuit will be filed on behalf of the Grand Traverse Band.
      The tribe's letter correctly says that it has adopted regulations of tribal hunting and inland fishing, but it fails to point out that those regulations allow more than state law and that they may be changed without state input. Thus, if the court approves, the band could expand its inland activity without state limits. The tribe's letter also admits that the band has fished inland lakes, but it does not say that these activities have been few, presumably to avoid a confrontation until the lawsuit can be filed.
      Most disturbing in the tribe's protest of the newsletter is its failure to recognize the contributions the GTASFA has made to this issue. First, the newsletter closes with this plea to sport fishers: "It is vitally important, however, that all work through the court process." While neither the tribe nor the Record-Eagle recognized this statement, it is consistent with the association's 20-year history of responsibility, working through the courts and trying to calm the waters. These efforts culminated in the 20-year settlement agreement of Great Lakes fishing rights signed last year.
      The band's attempt to blame us for a 15-year-old civil rights report that did not involve us is an attempt to intimidate fair discussion on an issue vital to all of us who wet a line in our lakes and streams or take aim at our deer. The association has always tried to work with the tribes. It objects to efforts to intimidate its right to inform its members on this important issue.
      Second, the tribe failed to note that although the GTASFA has been aware of the tribal claims and inland activity, it responsibly refrained from public discussion of these issues while negotiating the Great Lakes settlement. As we, the state and the band agreed, public uproar over inland issues could have discouraged a Great Lakes settlement. We worked to keep this issue under wraps, but the association had to inform its members in its newsletter, since the federal government is now laying claim to the state's inland resources.
      Third, rather than send the association its concerns and ask to meet, the tribe's attorney held a press conference of sorts and conducted a public relations campaign to criticize the association. The association did not use such tactics but merely communicated with its members. It refrained from the very kind of public display that the tribe protested on April 3.
      If the association's statements were incorrect, the association regrets the error. We believe, however, that it is still the tribe's position to claim inland fishing and hunting rights. But the association also has the right to civilly talk to its members and, if necessary, appear in court. Finally, should the band wish to state its position in the GTASFA's newsletter, the GTASFA will gladly publish a statement in full, without editing. The association will also meet with the band at any time to discuss these issues, including how inland fishing will be regulated after the tribe sues the state. We think this is a constructive approach to a sensitive issue.
     
      About the author
      Stephen Schultz, a Lansing attorney, represents the Grand Traverse Area Sport Fishing Association and the Michigan Fisheries Resource Conservation Coalition. As the attorney for the coalition, he was a signatory to the 20-year settlement of Great Lakes tribal fishing rights last August.
     
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